Board urges clemency for Mexican national
Oklahoma governor has rejected previous recommendations
McALESTER, Oklahoma (AP) -- Attorneys fighting to save the life of a Mexican national on Oklahoma's death row now must convince the governor to grant him clemency.
Under pressure from a world court, the Oklahoma Pardon and Parole Board recommended Friday that Gov. Brad Henry spare Osbaldo Torres, 29, who is set to be executed May 18 for killing a couple during a 1993 burglary.
Since Henry took office in 2003, he has rejected all three clemency recommendations from the pardon and parole board.
Henry is expected to hear arguments from both the defense and the prosecution in the Torres case. His office said in a statement that the governor will "give this case the thorough deliberation it deserves."
Torres is one of 51 Mexicans on death row nationwide cited in a March 31 ruling by the International Court of Justice in The Hague, Netherlands. The world court found the inmates' rights were violated because they were not told they could receive help from their governments as guaranteed by the 1963 Vienna Convention.
Arizona, Arkansas, California, Nevada, Ohio, Oregon and Texas also have Mexicans on death row who fall under the ruling.
Death penalty opponents argue that Torres could have benefited from assistance from the Mexican consul if he had known to contact it after his arrest.
Earlier this year, Henry rejected the board's unanimous clemency recommendation for Hung Thanh Le. Le, a Vietnamese refugee, also had claimed he was denied assistance from the consul of his home country. Le, who confessed to a 1992 murder of an Oklahoma City man, was executed March 23.
Mark Henricksen, Torres' attorney, said the circumstances were different in the Torres case because of the world court ruling, the fact that Torres was not the shooter and Mexico would have been prepared to offer assistance if notified.
Vietnam did not have consular relations with the United States at the time of Le's trial.
At Friday's hearing, Carlos de Icaza, Mexico's ambassador to the United States, said Mexico has been successful in helping its citizens accused of crimes in other countries.
Assistant Attorney General Jennifer Miller denied Mexico's claims.
"The best indication of what they would have done is what they did ... nothing," Miller said.
Mexican officials say they didn't learn about Torres' case until after he had been sentenced to death. But Miller said the trial attorney hired by Torres' family claimed to have contacted the consulate during his trial.
Torres has an appeal pending before the Oklahoma Court of Criminal Appeals on the world court's ruling.
Torres and co-defendant George Ochoa were convicted in 1996 in the deaths of Francisco Morales and Maria Yanez. Prosecutors say Ochoa's gun was used and a child in the home at the time of the shootings described him as the shooter.
Members of the Morales and Yanez families cried as the 911 tapes from the night of the murder were played for the board. A series of gunshots were heard on the tape before Yanez's 14-year-old daughter told a dispatcher that someone was shooting a gun in her house.
Torres said he thought he and Ochoa were just going to burglarize a home. He said he didn't know Ochoa planned to kill anyone.
"I was a thief, but I'm not a killer," Torres said. "Maybe he wouldn't have gone if I hadn't gone with him and two innocent people wouldn't be dead today. I can't ease the pain, but I want to apologize."
No execution date has been set for Ochoa, who has several appeals pending, including one claiming that he is mentally retarded.
Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
Find this article at:
http://www.cnn.com/2004/LAW/05/08/cl....ap/index.html
Oklahoma governor has rejected previous recommendations
McALESTER, Oklahoma (AP) -- Attorneys fighting to save the life of a Mexican national on Oklahoma's death row now must convince the governor to grant him clemency.
Under pressure from a world court, the Oklahoma Pardon and Parole Board recommended Friday that Gov. Brad Henry spare Osbaldo Torres, 29, who is set to be executed May 18 for killing a couple during a 1993 burglary.
Since Henry took office in 2003, he has rejected all three clemency recommendations from the pardon and parole board.
Henry is expected to hear arguments from both the defense and the prosecution in the Torres case. His office said in a statement that the governor will "give this case the thorough deliberation it deserves."
Torres is one of 51 Mexicans on death row nationwide cited in a March 31 ruling by the International Court of Justice in The Hague, Netherlands. The world court found the inmates' rights were violated because they were not told they could receive help from their governments as guaranteed by the 1963 Vienna Convention.
Arizona, Arkansas, California, Nevada, Ohio, Oregon and Texas also have Mexicans on death row who fall under the ruling.
Death penalty opponents argue that Torres could have benefited from assistance from the Mexican consul if he had known to contact it after his arrest.
Earlier this year, Henry rejected the board's unanimous clemency recommendation for Hung Thanh Le. Le, a Vietnamese refugee, also had claimed he was denied assistance from the consul of his home country. Le, who confessed to a 1992 murder of an Oklahoma City man, was executed March 23.
Mark Henricksen, Torres' attorney, said the circumstances were different in the Torres case because of the world court ruling, the fact that Torres was not the shooter and Mexico would have been prepared to offer assistance if notified.
Vietnam did not have consular relations with the United States at the time of Le's trial.
At Friday's hearing, Carlos de Icaza, Mexico's ambassador to the United States, said Mexico has been successful in helping its citizens accused of crimes in other countries.
Assistant Attorney General Jennifer Miller denied Mexico's claims.
"The best indication of what they would have done is what they did ... nothing," Miller said.
Mexican officials say they didn't learn about Torres' case until after he had been sentenced to death. But Miller said the trial attorney hired by Torres' family claimed to have contacted the consulate during his trial.
Torres has an appeal pending before the Oklahoma Court of Criminal Appeals on the world court's ruling.
Torres and co-defendant George Ochoa were convicted in 1996 in the deaths of Francisco Morales and Maria Yanez. Prosecutors say Ochoa's gun was used and a child in the home at the time of the shootings described him as the shooter.
Members of the Morales and Yanez families cried as the 911 tapes from the night of the murder were played for the board. A series of gunshots were heard on the tape before Yanez's 14-year-old daughter told a dispatcher that someone was shooting a gun in her house.
Torres said he thought he and Ochoa were just going to burglarize a home. He said he didn't know Ochoa planned to kill anyone.
"I was a thief, but I'm not a killer," Torres said. "Maybe he wouldn't have gone if I hadn't gone with him and two innocent people wouldn't be dead today. I can't ease the pain, but I want to apologize."
No execution date has been set for Ochoa, who has several appeals pending, including one claiming that he is mentally retarded.
Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
Find this article at:
http://www.cnn.com/2004/LAW/05/08/cl....ap/index.html
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