Final Meal:
None.

Final Words:
"I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them," Medina said in his lengthy last statement. He told his family that he was going to "a better place . . . I'm going home. I'm at peace. I'm at rest." Switching to Spanish, Medina then addressed the people of Mexico who campaigned to save his life. "Thanks for your support and for never leaving me alone. Viva Mexico." Switching back to English, he told the Cadena family again, "I am truly sorry. May you find peace in this." His last statement thus concluded, the lethal injection was started. Medina sang "Amazing Grace" as the deadly chemicals flowed into his body. As he recited the phrase, "I once was lost, but now am found," he lost consciousness.

Internet Sources:

Texas Department of Criminal Justice - Executed Offenders (Javier Suarez Medina)

Texas Attorney General Media Advisory

AUSTIN - Texas Attorney General John Cornyn offers the following information on Javier Suarez Medina, who is scheduled to be executed after 6 p.m. on Wednesday, Aug. 14, 2002.

On June 5, 1989, Javier Suarez Medina was sentenced to die for the capital murder of undercover police officer Lawrence Rudy Cadena during the course of committing or attempting to commit robbery in Dallas, Texas, on Dec.13, 1988. A summary of the evidence presented at trial follows:

FACTS OF THE CRIME

On Dec. 13, 1988, undercover narcotics officers from the Dallas Police Department planned an assignment known as a "buy bust," where officers arrange to buy a large quantity of drugs. Through his undercover work, Dallas Police Officer Lawrence Rudy Cadena had previously bought drugs from a suspect known as "Tony" (a/k/a Hector Rodriguez). On the night in question, Cadena arranged to meet Tony at a Stop-n-Go convenience store to purchase four ounces of cocaine from him.

When Cadena arrived at the Stop-n-Go, he met with two men, later identified by police as Fernando Fernandez and Jimmy Sanders, who were to negotiate the drug deal. Moments later, Tony arrived at the scene in a red Chevrolet Citation, and Cadena and Fernandez got into the car. The three discussed the planned transaction; Tony and Fernandez demanded to see the money and Cadena refused to show them the money until he saw the drugs. Tony gave Cadena a sample of cocaine and encouraged him to try it, but Cadena refused stating he was in a hurry. Cadena then went back to his undercover car, and Tony and Fernandez left the scene, ostensibly to get the cocaine. Meanwhile, a black pickup truck had pulled into the parking lot and parked near Tony's vehicle, and the occupants had apparently watched the transaction. Sanders had a short conversation with the people in the pickup. The pickup then drove slowly past Cadena and left the scene.

Approximately 15 minutes later, Tony and Fernandez returned to the scene and Fernandez told Cadena, "the guy in the pickup will have what you want." The pickup arrived at the scene and Medina exited wearing a brown leather trench coat. Medina approached Cadena's vehicle and frantically tried to open the passenger door, which was locked, while Fernandez positioned himself about eight feet from the driver side of the vehicle. After unlocking the door, Cadena told Medina he would get the money after Cadena got the dope. Medina threw a bag of white powder into the car, and then raised a semiautomatic Uzi machine gun and shot eight times at Cadena. Medina slammed the passenger door shut, ran to the driver's side of Cadena's car, opened it and raised his weapon to shoot Cadena again.

A Dallas police officer who had been observing the drug transaction from his undercover vehicle approached the scene, fired four shots at Medina, wounded him, and prevented him from firing further at Cadena. Fernandez then jumped over the fallen Medina and into Cadena's car. The police officer testified that when he arrived at Cadena's car, he found Fernandez ripping at Cadena's shirt and pants, presumably looking for the drug money. Another Dallas detective fired one shot at Fernandez and wounded him.

The Dallas officer who shot Medina testified at trial that immediately thereafter, he heard shots from behind him, which he believed came from the direction of the red Citation. The officer fired two shots through the car's windshield fatally wounding Tony, who was attempting to drive away from the scene. In the meantime, the black pickup truck raced off but was later found at an apartment complex less than one mile from the Stop-n-Go. Police discovered the pickup had been stolen from a parking lot at the Dallas/Fort Worth Airport.

Medina was taken to Parkland Hospital for treatment of his two gunshot wounds. While at the hospital, Medina gave a tape-recorded confession that was played before the jury at trial. In his confession, Medina states that he was asked to deliver a bag of cocaine that cost $4,000, and he agreed to do it. Medina was given an overcoat and an Uzi "in case anything happened." Medina also stated that Tony told him that after the cocaine was delivered and Medina had received the money, he and Tony would follow the buyer until he made a stop, and Tony would shoot him and take back the cocaine. Medina's response to this plan was "alright." Medina then described what happened at the Stop-n-Go after he delivered the cocaine to Cadena. Medina explained that he asked for the money, and as Cadena reached down for it, he heard two gunshots. Medina looked up to check the roof, then looked down, closed his eyes and began to fire. He states in his confession that he only fired two or three times, but evidence indicated Medina fired eight times at Cadena. According to the confession, Medina dropped the Uzi and "walked" to the other side of the car. Fernandez ran to the vehicle, opened the driver's door, and told Medina to grab the money and the cocaine. Medina asserts that he "froze" when he saw "the man with blood." Medina admitted Cadena did not shoot at him and that he did not even have a gun in his hand.

The substance which Medina tossed into Cadena's vehicle was discovered scattered about the inside of the car, but a small portion was found in the bag and on the ground by the driver's side door; however, a forensic chemist for the State testified that neither sample contained a controlled substance. The chemist also analyzed the sample of cocaine which Tony had given to Cadena at the scene. Laboratory analysis showed the weight of the white powder was 100 milligrams, 87 percent of which was pure cocaine.

PROCEDURAL HISTORY

Dec. 22, 1988 - Medina was charged by an indictment returned in Dallas County, Texas, with the capital offense of intentionally murdering Lawrence Rudy Cadena during the commission or attempted commission of a robbery.

May 24, 1989 - A jury found Medina guilty of capital murder.
June 5, 1989 - Following a separate punishment hearing, the court sentenced Medina to death.
May 5, 1993 - The Texas Court of Criminal Appeals affirmed Medina's conviction and sentence.
June 13, 1995 - Medina filed an original application for a state writ of habeas corpus.
July 15, 1997 & Sept. 29, 1997 - An evidentiary hearing was held on the writ petition by the trial court
May 26, 1998 - The trial court entered 238 findings of fact and conclusions of law recommending denial of state habeas.
Sept. 16, 1998 - The Court of Criminal Appeals denied relief.
Sept. 15, 1999 - Medina petitioned for habeas corpus in the U.S. District Court for the Northern District of Texas.
April 6, 2001 - An oral argument was conducted before U.S. District Judge Sidney A. Fitzwater.
May 15, 2001 - The district court denied relief.
May 25, 2001 - The district court denied reconsideration.
June 14, 2001 - The district court denied a certificate of appealability ("COA").
Sept. 27, 2001 - Medina filed his request for COA asking the Fifth Circuit to grant review of three issues.
Jan. 16, 2002 - The Fifth Circuit affirmed the denial of habeas relief and denied Medina's request for COA.
Feb. 26, 2002 - The Fifth Circuit denied Medina's petition for rehearing.
March 20, 2002 - The Criminal District Court No. 2 of Dallas County, Texas, scheduled execution for 08-14-01.
May 2, 2002 - Medina petitioned the United States Supreme Court for certiorari review.
June 28, 2002 - The Supreme Court denied certiorari review.
July 22, 2002 - Medina petitioned for clemency with the Texas Board of Pardons and Paroles.
Aug. 7, 2002 - Medina filed a successive state habeas petition in the Dallas County trial court.

** Medina's petition for clemency is currently pending with the Texas Board of Pardons and Paroles. In addition, his successive state writ is still pending.

PRIOR CRIMINAL HISTORY

No evidence of prior criminal convictions was presented to the jury at the punishment phase of trial. However, the State presented evidence regarding Medina's arrest in 1985 for trespassing at an elementary school, and his arrest in 1988 for stealing an automobile. The State also presented testimony that in October 1987, Medina was involved in an unadjudicated extraneous offense -- an aggravated robbery during which two people were shot.

The defense countered the evidence with business records showing that Medina was working at a fast food restaurant at the time of the 1987 aggravated robbery. In addition, Medina presented testimony from 15 witnesses that he had a good reputation for being peaceful and law-abiding. Medina also testified on his behalf, stating that he was threatened into becoming involved in the robbery and murder of Officer Cadena, and then tried to down play his other prior bad acts. Finally, Medina presented clinical psychologist Dr. Robert Powitzky who testified that Medina had a dependent personality disorder, which is characterized by a need for a lot of attention and affection and a tendency "to bend over backwards to [one's] own detriment" to get that attention and affection, and he felt that Medina would not commit criminal acts of violence which would constitute a continuing threat to society.

ProDeathPenalty.com

Texas Execution Information Center (Javier Medina)

Javier Suarez Medina, 33, was executed by lethal injection on 14 August in Huntsville, Texas for the murder of a police officer during a drug deal.

In December 1988, Dallas police officer Lawrence Cadena, 43, arranged to buy some drugs from Hector "Tony" Rodriguez as part of an undercover investigation. He drove to a convenience store parking lot for a pre-arranged meeting. Two other undercover officers parked nearby in another vehicle to observe the transaction. Cadena was met by Rodriguez and two of his associates -- Fernando Fernandez and Jimmy Sanders. Cadena got into Rodriguez's car with Fernandez and discussed the deal. Rodriguez also gave Cadena a sample of cocaine, which Cadena took back to his own car. Rodriguez and Fernandez drove away to get the rest of the drugs, while Cadena waited in his car and Sanders stood nearby. Meanwhile, a pickup truck pulled into the parking lot. Sanders had a short conversation with the occupants of the pickup, then it drove away.

After about fifteen minutes, Rodriguez and Fernandez returned in the car, and the pickup also returned with two occupants. The driver of the pickup, Javier Medina, 19, exited, wearing a trench coat, and approached Cadena's car from the passenger's side. Fernandez, 17, stood at the driver's side. After Cadena unlocked the car, Medina threw a bag of white powder into the car. He then raised a semiautomatic Uzi machine gun and shot at Cadena eight times. He then slammed the passenger door shut, ran to the driver's side, opened the door, and raised his weapon again. One of the other undercover officers fired four shots at Medina, wounding him. Fernandez then reached over Cadena's body and ripped open his shirt and pants, presumably looking for the drug money. The third officer fired one shot at Fernandez and wounded him. At this point, the second officer heard shots from behind him. He turned and saw Rodriguez attempting to drive away from the scene. He fired two shots and fatally wounded Rodriguez. Medina and Fernandez were arrested. The other occupant of the pickup truck, who was not identified, drove away and abandoned the stolen truck less than a mile away. He and Jimmy Sanders were arrested and charged with possession of a controlled substance. No information was available regarding the disposition of their cases.

The story of Lawrence Cadena's death was made into a 1990 TV movie, "In the Line of Duty."

Medina was taken to the hospital for treatment of his wounds. While at the hospital, he gave a tape-recorded confession. He said that he agreed to deliver $4,000 worth of cocaine for Tony Rodriguez and that he was given an overcoat and an Uzi "in case anything happened." He said that the plan was to make the drug deal, then follow the buyer until he stopped, shoot him, and take back the drugs. He said that he didn't know Cadena was a police officer. "I thought he was just a ...regular drug dealer," he said. "He didn't have no sign for me to know that he was a cop."

A forensic chemist tested the white powder that was in the bag Medina threw into Cadena's car. He testified that the substance was not cocaine nor any other controlled substance. He also analyzed the sample that Rodriguez gave Cadena. It tested to be 87 percent pure cocaine.

Medina had no prior felony convictions, but he had three previous arrests, including one for aggravated robbery.

A jury convicted Medina of capital murder in May 1989 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in May 1993. In July and September 1997, the trial court held two evidentiary hearings on Medina's 29 state habeas corpus claims. The court denied all of his claims in May 1998, and the Court of Criminal Appeals affirmed in September 1998. In April 2001, a U.S. district court heard oral arguments on Medina's 21 federal habeas claims. That court ruled against Medina in May 2001. All of his subsequent appeals in state and federal court were denied.

Fernando Fernandez was convicted of armed robbery and delivery of cocaine. He began serving a 60-year prison sentence in 1989.

Medina was a citizen of Mexico, although he had resided in the United States since the age of 3. There were conflicting reports of whether he informed authorities of this at the time of his arrest. Under the Vienna Convention, foreign citizens are entitled to contact their country's consulate in the U.S. when arrested. The Mexican consul was not notified of Medina's arrest until after he had already been tried and sentenced to death. For this reason, Mexican officials, including President Vicente Fox, protested Medina's scheduled execution and sent letters to Governor Rick Perry, U.S. Secretary of State Colin Powell, and others, urging that his sentence be commuted. Courts in the U.S. have never commuted a death sentence on the basis of a Vienna Convention violation, however.

In his 13 years on death row, Medina had twelve previous execution dates, all of which were stayed by the courts. "This one here, there's a good possibility it'll get carried out," Medina told a reporter a few days before his death. "I'm at peace with myself. I'm not scared or worried. Part of me hopes it gets carried out."

On Tuesday, the day before his execution, the Texas Board of Pardons and Paroles denied Medina's clemency petition by a 17-0 vote and rejected his request for a stay of execution by a 16-1 vote. On Wednesday, the U.S. Supreme Court also declined to halt the execution, and Governor Perry declined to issue an emergency reprieve.

"I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them," Medina said in his lengthy last statement. He told his family that he was going to "a better place ... I'm going home. I'm at peace. I'm at rest." Switching to Spanish, Medina then addressed the people of Mexico who campaigned to save his life. "Thanks for your support and for never leaving me alone," he said. "Viva Mexico." Switching back to English, he told the Cadena family again, "I am truly sorry. May you find peace in this." His last statement thus concluded, the lethal injection was started. Medina sang "Amazing Grace" as the deadly chemicals flowed into his body. As he recited the phrase, "I once was lost, but now am found," he lost consciousness. He was pronounced dead at 6:23 p.m.

Canadian Coalition to Abolish the Death Penalty - Javier Medina Homepage

PRESS RELEASE-FOR IMMEDIATE RELEASE - August 14, 2002

The Final Request of Javier Surez Medina: An Appeal for Peace and Forgiveness

Despite unprecedented and urgent interventions by many of the United States closest allies, Mexican national Javier Surez Medina was executed this evening in Huntsville, Texas. The execution was allowed to proceed after the United States Supreme Court denied the final appeal and after the Governor of Texas refused to grant a reprieve.

Javier told me to be sure and express his profound thanks for the support of the Mexican government and the prayers of the Mexican people, Lydia Brandt, counsel to Mr. Surez Medina, said today. I know that he was also intensely grateful for all of the efforts made on his behalf by the international community.

Javier asked that there be no violence or demonstrations to protest his execution -- he wanted there to be peace. Most of all, Javier wanted to convey his deepest remorse to the Cadena family. One of his main concerns regardless of whether his sentence was carried out was that the family of Officer Cadena know that he is grieving with them, she said.

Javier specifically asked that it be made known to the Cadena family that he deeply regrets the crime and the suffering that they've endured, and that he really wants the family to find closure and peace, Ms. Brandt said.

Background Information

The final tally of intervening nations and international bodies bears testament to the depth of concern which the case of this quiet young Mexican generated around the world. As of earlier today, seventeen nations had expressed deep concern over the undeniable violation of Mr. Surez Medinas consular rights, either by sending appeals for clemency or by intervening at the Supreme Court in support of a judicial review. The nations are, first and foremost, Mexico--along with Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Panama, Paraguay, Poland, Slovenia, Spain, Switzerland, Uruguay and Venezuela.

An extraordinary array of inter-governmental, religious, legal and human rights organizations also called on the United States and Texas authorities to stay the execution. They included: the European Union, the Inter-American Commission for Human Rights, UN Sub-Commission for the Promotion and Protection of Human Rights, the UN High Commissioner for Human Rights, Amnesty International, the American Bar Association, the Dominican and Franciscan Orders and many others.

(source: Lydia M.V. Brandt---The Brandt Law Firm, P.C.---Richardson, Texas)

International Condemnation of Texas Nations Unite to Support Javier Suárez Medina Appeal

PRESS RELEASE - FOR IMMEDIATE RELEASE - August 14, 2002

In an extraordinary display of international solidarity and concern, thirteen nations have joined with Mexico in supporting a United States Supreme Court review of the case of Javier Suárez Medina. A Mexican national, Mr. Suárez Medina is scheduled for execution this evening in Texas, despite evidence that Texas authorities violated his right to consular notification and prevented Mexican authorities from providing consular assistance during his 1989 trial. Texas is required to provide notification of consular rights without delay to any detained foreign national, under the terms of the Vienna Convention on Consular Relations.

In a joint amicus curiae (“friend of the court”) brief filed with the Supreme Court, the 14 countries urge the granting of a full hearing in order to resolve the legal implications of the treaty violation in this case. The joint brief declares that Texas “should not be permitted to damage the United States’ relationship with its allies, invite international condemnation, and increase the danger that nationals detained abroad will be denied their time-honored right to consular assistance and protection”. The 14 nations also point out that the United States is under a binding obligation to comply with a judgment of the International Court of Justice (ICJ). Last year, the ICJ ordered that US authorities must provide review and reconsideration of the conviction and sentence in cases where foreign nationals were deprived of their consular rights and sentenced to death.

“This outpouring of international concern is simply unprecedented,” said Sandra Babcock, the attorney representing Mexico and the other intervening nations. The countries which have signed on to Mexico’s brief are: Argentina, Brazil, Chile, Colombia, El Salvador, Guatemala, Honduras, Panama, Paraguay, Poland, Spain, Uruguay and Venezuela. In an appeal filed yesterday with the US Supreme Court, Mr. Suárez Medina cites the failure of the Texas courts to review the treaty violation and asserts that a judicial remedy must be applied to vindicate his right to receive timely consular notification and assistance. The petition is supported by extensive new evidence uncovered through Mexican consular assistance, evidence which would have resulted in a lesser sentence if consular assistance had not been denied at the time of the trial.

“Under the Supremacy Clause of the United States Constitution, this treaty obligation is binding on all individual states, including Texas,” Ms. Babcock said. “The international community is today calling on the Supreme Court to grant consideration of a basic legal right, one which is mandated both under the law of nations and under the supreme law of this land.”

For additional information, please contact:

Sandra L. Babcock, counsel to sovereign amici in
Javier Suarez Medina v. State of Texas.
Telephone: (612) 871-5080
Fax: (612) 872-4967

HUMAN RIGHTS SUB-COMMISSION URGES UNITED STATES TO STAY EXECUTION OF MEXICAN NATIONAL

United Nations - August 8, 2002. The statement below was issued today by the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights, Paulo Sergio Pinheiro. The Sub-Commission, the main subsidiary body of the United Nations Commission on Human Rights, is currently meeting in Geneva.

"The Sub-Commission on the Promotion and Protection of Human Rights, recalling Commission on Human Rights resolution 2002/77 of 25 April 2002 and its own resolution 2000/17 of 17 August 2000, wishes to draw the urgent attention of the United States authorities to the situation of Mr. Javier Suárez Medina, a Mexican national detained on death row in the State of Texas for 13 years who is scheduled to be executed by lethal injection on 14 August 2002.

"Javier Suárez Medina was only 19 years old when he was sentenced to death, and a number of serious breaches of his right to a defence occurred during his trial. In particular, United States authorities did not comply with their obligations pursuant to article 36 of the Vienna Convention on Consular Relations of 1963 which guarantees consular assistance for foreign detainees. "These obligations have been strongly reaffirmed by the Inter-American Court of Human Rights in its Advisory Opinion OC-16/99 of 1 October 1999, The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law, and by the International Court of Justice in its Judgment in the LaGrand case (Germany v. United States) on 27 June 2001. "The Sub-Commission urges the United States authorities to do everything possible to stay the execution of Mr. Suárez and to re-examine his case, guaranteeing him his right to consular protection and to a fair trial".

Press Statement -Texas Moratorium Network
FOR IMMEDIATE RELEASE----August 14, 2002
Contact: Scott Cobb (512-302-6715)

Dallas County District Attorney Endangers Rights of Americans Traveling Abroad

The Dallas County District Attorney does not seem to understand international law. Texas Moratorium Network is very disturbed by the comments made by Lori Ordiway, Chief of the Appellate Division of the Dallas DAs office, regarding the rights of people to speak with their own countrys representatives when they are arrested. Ms. Ordiway says about Javier Suarez Medina, a Mexican citizen set for execution tonight in Texas, "He was educated here in the United States.

He reads and writes and speaks the English language. And essentially, even if he had been from Mexico, he's not the kind of candidate contemplated by the Vienna Convention as someone in a foreign land and doesn't understand the laws and procedures and needs assistance from their own country's government."

Has Ms Ordiway ever spent any time in a foreign country? If she were arrested in a foreign country, wouldn't the first thing out of her month be, "I am an American citizen and I demand to speak to my embassy." Of course, as a privileged upper-middle class attorney, she would likely know and assert her rights, and the authorities in whatever country she were in would probably comply. Not every one has her privileges. A former fast food worker such as Suarez Medina would have desperately needed the assistance of his own government's consulate.

"I lived a total of about ten years in a non-English language country. I was able to speak the language of that country well enough to attend university over there. However, I would have been at a great disadvantage if I would have had to deal with the language complexities involved in a legal situation. I would have needed the assistance of my own government's representatives. When Texas authorities violate the rights of people from other countries who are in the United States to contact their consulates, then they endanger my rights when I am in a foreign country," said Scott Cobb, political director of Texas Moratorium Network. "Ms Ordiway needs to go back to law school. It is incredible that she believes that there are certain people not contemplated by international law. The law is there to protect everyone, not just the ones she and the other lawyers in the Dallas District Attorney's office choose to contemplate," said Cobb.

JAVIER'S ORIGINAL PEN PAL REQUEST

Although the system has taken my freedom they cannot take my spirit and my will to fight on for the life they are trying to take. Peace and love and may God bless you all.

**********************

Mexican-born Texas inmate executed for Dallas cop shooting

In Huntsville, convicted cop killer Javier Suarez Medina was executed Wednesday evening amid Mexican government protests he was not provided proper legal assistance guaranteed to foreigners under an international treaty.

Speaking both English and Spanish, Suarez apologized for the crime, asked forgiveness from the relatives of the slain police officer and thanked the people of Mexico for their support in his case. "I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them," he said in a final statement that lasted several minutes. "I sincerely ask in your heart to forgive me."

The mother and son of the officer were among the people watching him die. "I don't hold anything against anybody," Suarez added. He turned to his family and told them he was going to "a better place. This is just a stepping stone. I'm going home. I'm at peace. I'm at rest." Switching to Spanish, he asked that God bless all the people of Mexico. "Thanks for your support and for never leaving me alone," he said. At one point, he said "Viva Mexico." His father, watching through a window, raised a clinched fist at that moment.

Suarez, 33, was condemned for the 1988 slaying of Dallas officer Lawrence Cadena, 43, gunned down during an undercover drug buy. Suarez, 19 at the time, and a partner were wounded and another companion killed in an ensuing shootout with Dallas police. "There's a part of me that's looking forward to it," Suarez told The Huntsville Item in a story published today. "I'm more at peace now. I know that the state views executing me as punishing me, but I consider this sending me to my real home."

Suarez's attorneys asked the U.S. Supreme Court to halt the lethal injection. The high court, without comment, turned him down about 90 minutes before the scheduled execution time.

Gov. Rick Perry, who traditionally withholds a decision in execution cases until legal challenges are resolved, then denied Suarez a 30-day reprieve, the only action Perry could take without approval of the parole board. "I have reviewed all of the information presented to me -- including the issue of the international treaty," Perry said. "My staff has met with Mexico government officials to hear their concerns about this case, and I have talked with Mexican President Vicente Fox about this matter. I respect the sovereignty of Mexico and its laws, and I know that President Fox recognizes the sovereignty of U.S. and Texas law."

The Texas Board of Pardons and Paroles earlier this week refused, in a 17-0 vote, to commute Suarez's sentence to life in prison. The panel also voted 16-1, rejecting a request they recommend Perry put off the punishment for 90 days.

Dallas authorities said Suarez gave conflicting information when asked about his birthplace, identifying both Mexico and Texas. Birth in Mexico would allow him to seek legal help from the Mexican consulate when he was arrested Dec. 13, 1988.

According to provisions of the 1963 Vienna Convention of Consular Relations, which the United States has signed, detained foreign nationals are allowed to contact their consulates for help, but Suarez's supporters say he never was told of that right. "Consular notification and access are both binding legal obligations and essential human rights safeguards that must be respected," said Amnesty International, which opposes all executions. "Unless Texas authorities halt this execution immediately, the United States will once again lose its credibility as a nation which respects its binding human rights obligations." "We think and believe strongly that the need to provide consular notification is a very important issue," State Department spokesman Philip Reeker said. "It has implications for reciprocal situations, obviously."

Reeker, however, said the State Department took no position on the punishment, which was strongly opposed by Mexico President Vicente Fox. Fox said Suarez may have avoided the death penalty, which is not a legal punishment in Mexico, if he had received help from the Mexican government. He wrote Perry and then talked with the governor earlier this week to air his concerns. "I realize that Mexico is a sovereign country and certainly I hope that President Fox and the citizens of Mexico respect our sovereignty not only as a nation but also as a state," Perry said Wednesday.

There was little dispute Suarez killed Cadena Dec. 13, 1988. The officer, a 17-year police veteran, was fatally shot in his car in an East Dallas convenience store parking lot while trying to complete the purchase of what he thought was about $4,000 worth of cocaine. The cocaine turned out to be fake. "I thought he was just a ... regular drug dealer," Suarez testified at his trial. "He didn't have no sign for me to know that he was a cop."

Besides raising claims about the treaty violations in their appeal to the Supreme Court, Suarez's lawyers said his 14 execution dates since his 1989 conviction amounted to unconstitutional cruel and unusual punishment. Lori Ordiway, chief of the appellate section of the Dallas County district attorney's office, said many of the previous appeals Suarez filed contributed to the delays. "You can't have it both ways," she said. "Only in the last one, a week before execution, does he raise this violation of Vienna Convention claim. "He had 13 years. He was convicted in 1989. He is alleging he became aware of this some time right after trial or during trial. It's a way for him to try to delay his rightful sentence."

The arguments about the Vienna Convention were not new. Similar appeals in 1999 failed to save condemned inmate Stanley Faulder, a Canadian, and in 2000, Miguel Flores, a Mexican. At least four Mexican nationals have been executed in Texas, along with a man from the Dominican Republic and one from Vietnam. More than 2 dozen of the 453 inmates on Texas death row are foreigners -- 18 of them from Mexico.

Evidence showed Suarez walked up to Cadena's car, opened the passenger door and threw inside a bag of powdery substance. Then he pulled from beneath a long dark leather overcoat a semiautomatic machine pistol and opened fire, killing the officer with shots to the abdomen, chest and both arms.

Backup officers stationed nearby immediately responded, wounding Suarez and a 2nd suspect and killing a 3rd companion. The other wounded man, Fernando Fernandez, was convicted of cocaine delivery and aggravated robbery and is serving a 60-year prison term.

Medina becomes the 21st condemned inmate to be executed this year in Texas, the 3rd this month, and the 277th overall since the state resumed capital punishment on December 7, 1982. Medina becomes the 41st condemned inmate to be put to death this year in the USA and the 790th overall since America resumed executions on January 17, 1977.

(sources: Associated Press & Rick Halperin)

In Mexico, prayers for the prisoner scheduled to die in Texas

Relatives prayed Wednesday for a man condemned to death in Texas who claims he was never told he had the right to help from the Mexican government. Javier Suarez Medina, a 33-year-old former fast-food worker, is set to die later Wednesday for killing a Dallas police officer during an undercover drug buy in 1988. Capital punishment opponents and government officials from Mexico, where there is no death penalty, say Suarez was not told of his right to contact the Mexican consulate for help. Dallas officials have said it was unclear if Suarez, who has spent most of his life in the United States and speaks English, was born in Mexico.

In the Mexican border town of Piedras Negras, his family and supporters prayed that he would be spared. Priest Juan Manuel Riojas said he had received a letter to give to Suarez from a supporter. "The truth is the community has been affected by this case," he said. Mexican newspapers reported Wednesday that President Vicente Fox, who asked Texas Gov. Rick Perry to halt the execution, was considering canceling his trip later this month to Texas, where he was expected to meet with President Bush. Fox's spokeswoman, Alicia Buenrostro, said in a telephone interview with The Associated Press that the trip was still scheduled to take place, but left open the possibility of a cancelation.

"We are going to see what happens" with the execution, she said. Fox has strongly opposed the execution, saying Suarez may have avoided the death penalty if he had received help from the Mexican government. There are 17 Mexicans facing the death penalty in Texas and 54 in all of the United States, according to Mexico's foreign ministry. 4 have been executed over the past 10 years, three in Texas and one in Virginia. Mexico refuses to extradite people who might face the death penalty or life without parole in another country.

(source: Associated Press)

Wednesday, 14 August, 2002, 07:52 GMT 08:52 UK - BBC
Texas rejects death row Mexican's plea

Suarez is due to die on Wednesday

A Mexican man is to be executed later on Wednesday, after authorities rejected a plea for a stay of execution and ignored a personal appeal by the Mexican president. Javier Suarez Medina will be executed by lethal injection unless he is given a last-minute reprieve by Texas Governor Rick Perry.

Mexican President Vincent Fox contacted Mr Perry late on Monday night, urging him to halt the execution to give officials "sufficient time" to review the case's "numerous violations," a statement released by Mr Fox's office said. But on Tuesday, the Texas Board of Pardons and Paroles voted unanimously to reject a stay of execution.

International support

Suarez has been on death row for 13 years, after being convicted in 1989 for the murder of police officer Larry Cadena, who was working undercover in Dallas as a drug trafficker. Suarez is just one of three death row inmates scheduled to be put to death on Wednesday, capital punishment opponents say. But his case is in the spotlight because of the support he has won internationally, from the Mexican Government, the European Union and the United Nations.

Mexican officials say the violations of his rights began shortly after his arrest, when police failed to tell Suarez - who has lived in the US since he was three years old - that he had the right to legal assistance from the Mexican consulate. No-one disputes that Suarez murdered Mr Cadena, but he maintains he did not know his victim was a police officer. His lawyers argue that Suarez would have avoided the death penalty if he had been given timely legal help with this claim. "The Mexican Government was prevented from providing priority assistance that might have influenced the outcome of his trial," said Mr Fox in a letter to Mr Perry. The UN High Commissioner for Human Rights, Mary Robinson, also sent a letter to Secretary of State Colin Powell calling for clemency. She said there were "serious concerns that the trial proceedings in the case had not complied with international human rights standards."

Strained relations

If Texas goes ahead with the execution, US-Mexico relations will be severely strained. Mexico opposes the death penalty, and opposition deputies in Mexico's Congress have even threatened to block Mr Fox's planned trip to Texas next month. There are 17 Mexicans facing the death penalty in Texas and 54 throughout the US, according to the Mexican Foreign Ministry. Four Mexicans have been executed over the past 10 years - three in Texas and one in Virginia.

In the Mexican border town of Piedras Negras, Suarez's family members spoke of their fight to save the condemned prisoner. "Faith is the only thing left," said his aunt, Norma Alicia Sonora. Suarez himself, however, seems resigned to die and said in a recent newspaper interview that after 13 years in prison and 14 stays of execution, he now wants it all to end. "The truth is I hope that they now execute me," he told Mexican daily El Universal. "I prefer to die than spend the rest of my life here inside because here there is no life."

Deathrow.at

Presidente de la
República de México
Vicente Fox Quesada
525 Paseo de la Reforma
Col. Lomas de Chapultepec
Mexico, D.F. CP11000

Dear President Mr. Fox,

I am writing to you concerning to the case of Mr. Javier Suarez Medina who is sentenced to death in the United States of America.

Mr. Medina is on death row in Texas, Terell Unit, and he is going on 5th Circuit of Appeals now.

He is on death row since nearly 13 years and he will definitely be executed during the next 12 months or so, if no one will help him.

Mr. Medina has been sentenced to death for shooting an under-cover police officer during a drug deal when he was at the age of 19. Mr. Medina was not a professional drug-trafficer and he had had no criminal record at all, when being accused for murder.

There are many reasons, which cry out for a new trial for Medina, such as:

- standards of the Universal Declaration of Human Rights which declare the death penalty as an inhumane, unusual and degrating form of punishment.

- his death sentence violated the Vienna Convention on Consular Relations, because Medina was not told he had a right to contact the nearest Mexican consulate for legal advice after his arrest.

Medina is a citizen of your country which is famous to the European world for having abolished the death penalty. As I know, you have fought for Mexican death row inmates in the United States before, so please support Mr. Javier Suarez Medina, too.

You are nearly the last hope for this man, he needs your support and speakout to the Texas and U.S. Government.

I urgently beg you to use your political power to save his life. In my opinoin, the death panalty violates any issues of humanity and human rights. Please keep on fighting for Mexican citizens sentenced to death in the United States of America.

Yours faithfully,

Javier Suarez Medina
# 000944

Houston Chronicle

Eyes of Mexico on Texas today as convicted killer's time runs out

Associated Press Aug. 15, 2002, 10:46PM

HUNTSVILLE -- Convicted cop killer Javier Suarez Medina was executed this evening amid Mexican government protests he was not provided proper legal assistance guaranteed to foreigners under an international treaty. Speaking both English and Spanish, Suarez apologized for the crime, asked forgiveness from the relatives of the slain police officer and thanked the people of Mexico for their support in his case. "I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them," he said in a final statement that lasted several minutes. "I sincerely ask in your heart to forgive me."

The mother and son of the officer were among the people watching him die. "I don't hold anything against anybody," Suarez added. He turned to his family and told them he was going to "a better place. This is just a stepping stone. I'm going home. I'm at peace. I'm at rest." Switching to Spanish, he asked that God bless all the people of Mexico. "Thanks for your support and for never leaving me alone," he said.

At one point, he said "Viva Mexico." His father, watching through a window, raised a clinched fist at that moment. Suarez, 33, was condemned for the 1988 slaying of Dallas officer Lawrence Cadena, 43, gunned down during an undercover drug buy. Suarez, 19 at the time, and a partner were wounded and another companion killed in an ensuing shootout with Dallas police. "There's a part of me that's looking forward to it," Suarez told The Huntsville Item in a story published today. "I'm more at peace now. I know that the state views executing me as punishing me, but I consider this sending me to my real home." Suarez's attorneys asked the U.S. Supreme Court to halt the lethal injection, the 21st in Texas this year and the third this month. The high court, without comment, turned him down about 90 minutes before the scheduled execution time.

Gov. Rick Perry, who traditionally withholds a decision in execution cases until legal challenges are resolved, then denied Suarez a 30-day reprieve, the only action Perry could take without approval of the parole board. "I have reviewed all of the information presented to me -- including the issue of the international treaty," Perry said. "My staff has met with Mexico government officials to hear their concerns about this case, and I have talked with Mexican President Vicente Fox about this matter. I respect the sovereignty of Mexico and its laws, and I know that President Fox recognizes the sovereignty of U.S. and Texas law."

The Texas Board of Pardons and Paroles earlier this week refused, in a 17-0 vote, to commute Suarez's sentence to life in prison. The panel also voted 16-1, rejecting a request they recommend Perry put off the punishment for 90 days. Dallas authorities said Suarez gave conflicting information when asked about his birthplace, identifying both Mexico and Texas. Birth in Mexico would allow him to seek legal help from the Mexican consulate when he was arrested Dec. 13, 1988.

According to provisions of the 1963 Vienna Convention of Consular Relations, which the United States has signed, detained foreign nationals are allowed to contact their consulates for help, but Suarez's supporters say he never was told of that right. "Consular notification and access are both binding legal obligations and essential human rights safeguards that must be respected," said Amnesty International, which opposes all executions. "Unless Texas authorities halt this execution immediately, the United States will once again lose its credibility as a nation which respects its binding human rights obligations." "We think and believe strongly that the need to provide consular notification is a very important issue," State Department spokesman Philip Reeker said. "It has implications for reciprocal situations, obviously."

Reeker, however, said the State Department took no position on the punishment, which was strongly opposed by Mexico President Vicente Fox. Fox said Suarez may have avoided the death penalty, which is not a legal punishment in Mexico, if he had received help from the Mexican government. He wrote Perry and then talked with the governor earlier this week to air his concerns. "I realize that Mexico is a sovereign country and certainly I hope that President Fox and the citizens of Mexico respect our sovereignty not only as a nation but also as a state," Perry said Wednesday.

There was little dispute Suarez killed Cadena Dec. 13, 1988. The officer, a 17-year police veteran, was fatally shot in his car in an East Dallas convenience store parking lot while trying to complete the purchase of what he thought was about $4,000 worth of cocaine. The cocaine turned out to be fake. "I thought he was just a ... regular drug dealer," Suarez testified at his trial. "He didn't have no sign for me to know that he was a cop."

Besides raising claims about the treaty violations in their appeal to the Supreme Court, Suarez's lawyers said his 14 execution dates since his 1989 conviction amounted to unconstitutional cruel and unusual punishment. Lori Ordiway, chief of the appellate section of the Dallas County district attorney's office, said many of the previous appeals Suarez filed contributed to the delays. "You can't have it both ways," she said. "Only in the last one, a week before execution, does he raise this violation of Vienna Convention claim. "He had 13 years. He was convicted in 1989. He is alleging he became aware of this some time right after trial or during trial. It's a way for him to try to delay his rightful sentence."

The arguments about the Vienna Convention were not new. Similar appeals in 1999 failed to save condemned inmate Stanley Faulder, a Canadian, and in 2000, Miguel Flores, a Mexican. At least four Mexican nationals have been executed in Texas, along with a man from the Dominican Republic and one from Vietnam. More than two dozen of the 453 inmates on Texas death row are foreigners -- 18 of them from Mexico.

Evidence showed Suarez walked up to Cadena's car, opened the passenger door and threw inside a bag of powdery substance. Then he pulled from beneath a long dark leather overcoat a semiautomatic machine pistol and opened fire, killing the officer with shots to the abdomen, chest and both arms. Backup officers stationed nearby immediately responded, wounding Suarez and a second suspect and killing a third companion. The other wounded man, Fernando Fernandez, was convicted of cocaine delivery and aggravated robbery and is serving a 60-year prison term.

Ft. Worth Star-Telegram

"Fox Praised in Mexico for Canceling Trip," by Karen Brooks and John Moritz. (August 16, 2002)

Mexican President Vicente Fox scored points at home when he canceled his much-heralded visit to Texas in protest of the execution of convicted cop killer and Mexican national Javier Suarez Medina in Huntsville. But his decision also distressed Texans who had hoped Fox's visit later this month, which would have included a trip to President Bush's ranch in Crawford, would smooth over an increasingly prickly relationship with the United States.

And it outraged the family of slain Dallas police officer Lawrence Cadena, who called it an insult to law-abiding Mexicans and to the United States. "We are a Mexican-American family," said Buddy Ochoa, Cadena's cousin. He added Thursday that Cadena's parents had supported their son's lifelong dream of being a police officer despite their concern. "The difference is, [Cadena] became a role model for other Mexican-Americans, and this guy became a drug dealer. Where is the fairness?" Medina, 33, was executed Wednesday amid international protests and personal intervention by Fox, who canceled his visit three hours after Medina was put to death. Fox said the "lamentable circumstances" of the execution would hinder his efforts here.

Suarez, convicted of killing Cardena during an undercover drug buy, had said authorities in the United States violated international treaty by denying his rights to seek the help of the Mexican Consulate after his 1988 arrest. Fox's visit was scheduled for Aug. 26-28 and included stops in Austin, Houston, Dallas and San Antonio. He planned to meet with Gov. Rick Perry, state legislators and members of the Mexican-American community. The visit has not been rescheduled. "I'm disappointed we're not going to meet, but that's his decision," said Perry, who will be accompanying the Pan Am Games' site-selection committee to Mexico City in a week. The trip will not include a meeting with Fox.

Neither Fox nor Bush saw the decision as detrimental to relations between the two countries, officials said Thursday. "President Bush and President Fox share a strong professional relationship, as well as a friendship that represents the deep bonds of our two countries," White House deputy press secretary Claire Buchan said to reporters aboard Air Force One. "And the president very much looks forward to his next meeting with President Fox."

In Mexico City, Fox spokeswoman Alicia Buenrostro said the two leaders have "excellent communication." "Bush understands the situation perfectly," she said. Leaders in Fox's National Action Party (PAN) said Mexico is willing to continue working on important binational issues including the death penalty.

"Mexico would like to maintain its diplomatic relations with the United States," said PAN Congressman Tarcisio Navarette Montes de Oca, a leader of the Congressional Committee on Exterior Relations. "We want to keep working together on issues we share, such as economic and social development, narcotics trafficking, national security, terrorists and immigration." Some in the United States lamented what they called a missed opportunity to discuss those concerns. Hispanic groups had looked forward to talks between the two leaders on immigration legislation, particularly work visas and regularization of undocumented workers in the United States. In the months after the Sept. 11 terrorist attacks, an increasingly militarized border and tighter immigration policies have made it more difficult for Mexicans to cross the border legally. "Any time Fox comes to the U.S. and engages Bush in conversation, the possibility for immigration dialogue changes and opens up greater possibilities," said Gabriela Lemus, policy and legislation director for the League of United Latin American Citizens.

Other issues have hindered the two countries' relationship as well. A dispute over safety regulations on Mexican trucks in anticipation of open borders has led to accusations of racism. And rancor continues to grow between farmers in Mexico and South Texas over water Mexico owes under a 1944 treaty dividing the Rio Grande.

In June, Fox abruptly called off a similar trip to Texas when the water fight heated up as farmers on both sides of the border starting running out of irrigation water. U.S. officials threatened retaliation for the debt Thursday, and hundreds of Mexican farmers blocked the international bridge at Reynosa-McAllen to protest Mexico's method of paying water to the United States. "It's very distressing that he canceled his visit," said state Sen. Eddie Lucio Jr., D-Brownsville, who had requested a meeting in Austin between Fox and farmers from South Texas and Tamaulipas state. "He has my full respect regarding his views on the death penalty, but it came as a blow to us."

Diane Clements, who heads Justice for All, a Texas-based victims-rights group, said Fox's priorities are not on binational harmony. "For President Fox to hold a convicted murderer and drug dealer in a higher standing than promoting economic stability between our two countries is just mind-boggling," she said. It was obvious a week before the execution that Mexican politicians also had high hopes for the visit. But Thursday, political leaders said the statement Fox made by canceling his visit was far stronger than any diplomatic gains he could have made in Texas so soon after the controversial execution.

Mexico is staunchly against the death penalty, and its Congress may ban the rarely used punishment as early as next month. For many in Mexico, the hard-line stance appeared to demonstrate Fox's allegiance to Mexico. Fox, the most pro-United States president Mexico has had in decades, has frequently been accused of being too close to America and forgetful of his own people. His relationship with the United States has been a point of contention in Mexico's Congress and has hindered some of his campaign goals.

The obvious upside to his decision did not escape members of his own administration Thursday. "It favors the day-to-day internal work environment with Congress," Buenrostro said.

Fox's actions received support from members of the two largest opposing parties, the Institutional Revolutionary Party (PRI) and the Democratic Revolutionary Party (PRD). "It seems there is much giving, and we get nothing but smiles in return," Mexican PRI lawmaker Eddie Varon said of relations with Bush. "Things are going to be taken seriously now. ... I think [Fox] showed great statesmanship because he listened to the voice of the people and to the voice of Congress."

Excite.Com (Reuters)

HUNTSVILLE, Texas (Reuters) - Texas executed a Mexican citizen on Wednesday for the 1988 murder of an undercover Dallas police officer despite pleas for his life from Mexican President Vicente Fox.

Javier Suarez Medina, 33, was put to death by lethal injection in the state prison in Huntsville, 75 miles north of Houston, after the U.S. Supreme Court rejected a last-ditch legal appeal from Mexico, and Texas Gov. Rick Perry refused Fox's request for a reprieve.

Following the execution, Fox canceled a three-day trip to Texas that he had been scheduled to begin on Aug. 26. Rodolfo Elizondo, Fox's spokesman, said the cancellation was meant as "an unequivocal sign of our rejection of the execution."

A calm-looking Suarez, strapped to a gurney in the Texas death chamber, asked the family of his victim, Dallas narcotics officer Lawrence Cadena, to forgive him. "I would like to apologize to the family members of the Cadena family for whatever hurt and suffering I have caused you," he said. "I thought about your loved one very much. He will be waiting for me in heaven. I will be able to talk to him and ask him for forgiveness personally."

He was the fifth Mexican executed in Texas in the past 20 years in what is becoming an increasingly sensitive issue for U.S.-Mexican relations, as shown by Fox's intervention. He pleaded with Perry and friend President Bush to stop the execution, calling it his government's "highest priority." But it was to no avail. Afterward, a somber Eduardo Ibarrola, Mexican consul general in Houston, told reporters: "Mexico rejects the application of the death penalty and believes that it resolves nothing." Suarez was condemned for fatally shooting Cadena, 43, during a buy-and-bust drug sting in a Dallas parking lot on Dec. 13, 1988. Suarez, who was 19 at the time of the crime, admitted that he killed Cadena, but said he did not know Cadena was a police officer.

'GOD WILL NOT LET THIS HAPPEN'

A handful of anti-death penalty protesters shouted outside the prison as Suarez was receiving the lethal injection. "Hello, Texas, you criminal state. One day you will pay because God will not let this happen," said one protester through a megaphone.

Mexico sought a stay of execution from the Supreme Court on the grounds that police violated Suarez's rights because he was not put in contact with the Mexican consulate after his arrest as required under the Vienna Convention international treaty. The Supreme Court rejected the appeal without comment shortly before Suarez was executed. He was pronounced dead at 6:23 p.m.

Suarez was born in Mexico, but had lived in Texas since age 3. Dallas police said they did not put him in contact with Mexican officials because they did not know he was a Mexican. Prosecutors say Suarez would have been condemned to die under any circumstances because he gunned down a police officer while making a cocaine delivery -- the double felony that Texas law requires to become a death penalty case. Mexico's appeal also said that Suarez suffered cruel and unusual punishment because he was scheduled for execution 14 times, only to be saved by last-minute legal maneuvers every time until the last one. "I've never known a case in which the person has had that many execution dates," said Suarez lawyer Sandra Babcock, a veteran of numerous death penalty cases.

Twelve Latin American nations and two in Europe -- Spain and Poland -- filed a legal brief in support of the Mexican appeal, she said. U.N. High Commissioner for Human Rights Mary Robinson joined the effort on Tuesday, urging in a letter to Secretary of State Colin Powell that the matter be reviewed. Javier Corral, a Mexican senator from Fox's conservative National Action Party (PAN), said in Mexico City: "We dispute from the start and as a matter of principal that problems of criminality can be solved by committing another crime."

Suarez became religious in prison and told reporters recently that he would prefer to die than continue to live in the intense isolation of Texas death row near Livingston, about 70 miles north of Houston. Death row prisoners are allowed out of their cramped cells for only one hour per day, and always alone. Prison officials said Suarez did not request a final meal.

Suarez was the 21st person executed this year in Texas and the 277th since the nation's leading death penalty state resumed capital punishment in 1982.