- September
10
Oklahoma
Court Stays Execution of Mexican Murderer
By
Ben Fenwick
OKLAHOMA
CITY - A Mexican man whose Oklahoma death sentence has been
criticized by the Mexican government won an indefinite stay of execution
on Monday from the state's highest court, citing a ``serious matter'' of
international law.
The
Oklahoma Court of Criminal Appeals acted on an appeal from defense lawyers
seeking a new trial for Gerardo Valdez based on an international treaty
and new evidence the lawyers say shows Valdez was mentally impaired at the
time of a 1989 murder.
The
appeals court issued an order extending a 30-day stay granted last month
by Gov. Frank Keating, who put off Valdez's scheduled Aug. 30 execution
for killing a man over a sexual advance.
``This
court has before it a unique and serious matter involving novel legal
issues and international law,'' the order read. ``This court ... orders
the execution date of the petitioner hereby stayed until further order of
this court.''
Valdez,
41, was sentenced to die by injection for killing Juan Barron after Barron
made sexual advances. Prosecutors said Valdez tried to persuade Barron
that Christianity condemned homosexuality, then shot him twice in the
head, cut his throat and burned the body in a barbecue pit.
Valdez
attorney Bob Nance called the stay a welcome opportunity to present
evidence for a new trial.
``It's
a first step,'' Nance said. ``It's not a decision on the merits (of the
appeal). It is an opportunity which we are pleased about.''
Mexican
President Vicente Fox (news - web sites) urged Keating in June to commute
Valdez's sentence to life imprisonment. Keating declined to commute the
sentence but said he issued the temporary stay ``out of courtesy'' to the
Mexican government.
Fox
argued that Valdez's rights were violated at the time of his arrest when
he was not told he could contact the Mexican consulate. Mexico has no
death penalty and opposes its use in the United States.
Oklahoma
justice officials have acknowledged that Valdez was not told of his rights
under the so-called Vienna Convention on Consular Rights, which protects
people arrested in foreign countries, including U.S. citizens abroad.
The
defense team's appeal for a new trial, filed last month, also cited a
change in testimony from a psychiatrist who appeared in Valdez's original
trial.
In
his revised testimony, Dr. Cecil stated that new information about a head
injury Valdez suffered as a child indicated Valdez was legally insane when
he murdered Barron.
The information on Valdez's past injury was provided
this year by Mexican authorities, who were not able to help the defense in
the original trial because the consulate was not contacted, the defense
lawyers argued.
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