28/08

Death Row Prisoner Seeks New Trial

By RON JENKINS

OKLAHOMA CITY  - A Mexican on death row is seeking a new trial after a state psychiatrist recanted his testimony, saying new information shows Gerardo Valdez suffered from brain damage, paranoia and ``homosexual panic'' when he killed another man in 1989.

Psychiatrist Cecil F. Mynatt said it is now his conclusion that Valdez was unable to control his own behavior or was ``temporarily insane'' when Valdez killed Juan Barron in Oklahoma.

``Mr. Valdez suffers from paranoia, specifically triggered in this instance by homosexual panic,'' Mynatt said. ``Additionally, he is brain damaged and was under the influence of alcohol.''

Mynatt had previously testified that Valdez was competent to stand trial. He said he changed his mind after reviewing information provided by Valdez's attorney, including opinions of two neurophsychologists and a medical report.
Attorney Robert Nance is asking for a new trial based on a recent decision by the International Court of Justice that deplored the 1999 execution in Arizona of German brothers Walter and Karl LaGrand. The court held that the brothers were denied their rights under international law to access their consul after their arrest.

Nance said the world court's decision prevents domestic procedural rules from interfering with judicial review of cases involving international law violations.

The application was filed Wednesday with the Oklahoma Court of Criminal Appeals, the same day Amnesty International officials and other death penalty foes renewed their demand that Gov. Frank Keating commute Valdez's sentence.
Keating has granted two stays, while rejecting Mexican President Vicente Fox's request for clemency and a parole board recommendation of clemency for Valdez, 41.

Last week, Keating granted a second 30-day stay for Valdez, while saying he had not changed his mind that the execution should go forward.

Keating has apologized for a violation of the article of the Vienna Convention that guarantees foreign nationals, upon arrest, the right to contact their country's consul. Keating said that did not change Valdez's guilt the slaying.
An Amnesty International report said all 15 foreign nationals executed in the U.S. since 1993 were denied the right to consular access.

Valdez admits killing Barron after Barron made advances toward him in a bar. Valdez took Barron home, forced him to strip, and shot him twice in the head before burning his body.