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Texas Gov. Perry: Execution will happen - Obama works the phone
by Joseph Ernest July 7, 2011
*************UPDATE*************
Humberto Leal Garcia was pronounced dead at 6:21 p.m., 10 minutes after the lethal drugs began flowing through his veins.
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Newscast Media AUSTIN, Texas -- After being convicted of raping and murdering a 16 year old girl in Texas in 1994, Humberto Leal Garcia was sentenced to death by a Texas jury, and is hours away from being executed. Texas is a death penalty state and has executed more people on death row than any other state in America. Garcia is scheduled to be executed Thursday July 7, by lethal injection.
The Obama Administration has made a formal appeal to the U.S. Supreme Court to block the execution claiming that Garcia was not afforded the proper opportunity for counsel. They contend that Garcia should have been made aware that he could have sought the help of the Mexican consulate.
Texas governor Rick Perry brushed aside appeals from diplomats, top judges, senior military officers, the United Nations and former president George W Bush to stay Leal's execution who said it could jeopardize American citizens arrested abroad as well as US diplomatic interests.
When Obama visited Texas last August, he made a very big mistake of thumbing his nose at the governor. So many times Rick Perry tried to reach out to Obama to forge a relationship and reach solutions to fight illegal immigration, but Obama didn't have time for the governor. Perry might view Obama's move to save Garcia as pandering to the Hispanic vote since this is an election cycle. Had Obama been willing to work with Perry when he had the opportunities, perhaps the two would have found a way to resolve this impasse. Tonight, Garcia will meet his maker if Perry does not halt the execution, or if the Supreme Court does not intervene.
Power to stay an execution lies with the governor since this is a state case. Not even the president of the United States' power can supercede that of the governor. However, in a Federal case, Article II gives the president the power of "reprieves and pardons" in all Federal matters except impeachment.
Article II, Section 2 of the Constitution.
"The President ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."
Alberto Rodriguez, Garcia's uncle, who lives in Monterrey in Nuevo Leon state, said his nephew knew who the real killer was and that he knew of witnesses.
"He has witnesses who saw the real killer, who is walking free. He also lives in San Antonio but he's American," he said on Monday as he showed photographs of his nephew at a wedding. Rodriguez added that Garcia had been stripped of his US citizenship upon his sentencing.
Perry's spokeswoman Katherine Cesinger said bluntly, "If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws, as in this case."
Texas is one of the most conservatives states, and a spokesperson for Perry told the Reuters news agency that the governor had no plans to halt the execution, and that the Texas attorney general's office had urged the Supreme Court not to intervene. Add Comments>>
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