Obama’s Plea for an Illegal Alien Rapist-Murderer

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Humberto Leal Garcia, who has been in the United States illegally since he was two years old, faces execution for the brutal kidnapping, rape, and murder of a 16-year-old girl in 1994. Garcia was 21 when he committed the crime for which he is now scheduled to face the death penalty. But not if President Barack Obama and the United Nations have their way.

The prosecution’s evidence at Garcia’s trial included two incriminating statements he made to the police during non-custodial interviews on the day of the murder. It also included forensic evidence.

More specifically, the evidence established that the night on which teenage girl was sexually assaulted and slain: (1) Garcia carried her in an intoxicated semi-conscious state into his car; (2) Garcia was the last known individual to see girl alive; (3) Garcia confessed to police and his brother that he had killed the girl, although he claimed it was an accident; (4) when the girl was placed in Garcia’s car, she was fully clothed; when her body was discovered on a dirt road not far from a party that she and Garcia both attended, it was nude with a stick protruding from her body and (5) a piece of the girl’s bloodied clothing was located at Garcia’s home. Scratches and cuts on Garcia’s face also linked him to the killing.

Garcia was represented by counsel at the trial and on the case’s numerous appeals. He was found guilty, a verdict which has been upheld on appeal. Nevertheless, the Obama administration has followed its pattern of taking states to court regarding illegal aliens, appealing last Friday to the U.S. Supreme Court to stay Garcia’s execution, scheduled to take place in Texas on July 7th. The administration is hung up on the technicality that Garcia, whom the administration described in its 30-page brief to the Supreme Court as “a Mexican national who has resided in the United States since he was two years old,” was not given advice regarding the opportunity to contact the Mexican consulate after his arrest, which is reportedly required under the international treaty known as the Vienna Convention on Consular Relations. Note that he was not prevented from requesting contact with the Mexican consulate.

Garcia is trying to take advantage of a ruling of the International Court of Justice requiring the review and reconsideration of the convictions and sentences of Mexican nationals whose “rights” under the Vienna Convention have been supposedly violated. In 2004, the International Court of Justice determined, in what is known as the Avena case, that the United States had violated the Vienna Convention by failing to inform 51 Mexican nationals, including Garcia, of their Vienna Convention rights, and by failing to notify consular authorities of the detention of 49 Mexican nationals, including Garcia.

The international court ruled that the appropriate remedy for those violations “consists in the obligation of the United States of America to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of [affected] Mexican nationals.” The international court stated that review and reconsideration should occur through a judicial process and that the relevant inquiry in that process would be whether the treaty violation caused actual prejudice to the defendant.

Garcia has already received this judicial review in the United States at the state and federal level. He has lost multiple appeals. The Texas trial court rejected the no consulate contact claim on the merits, finding that because Garcia was not in custody at the time he was interviewed by the police, Vienna Convention obligations were not triggered and, accordingly, his statements were not obtained in contravention of the Vienna Convention. The Texas Court of Criminal Appeals likewise denied relief based on the trial court’s findings and its own review. Multiple appeals at the state and federal court level followed, each resulting in a rejection of the argument that Garcia’s rights were violated as a result of his not being informed of the opportunity to seek the advice of the Mexican consulate at the time of his arrest.

In fact, the Federal District Court found that there was “no arguable merit” to Garcia’s claim that he had sustained “actual prejudice.” Conducting what it described as the judicial review and reconsideration required by the International Court of Justice decision, the court stated that there was “little the Mexican government could have done to aid petitioner’s trial counsel.” The federal Court of Appeals vacated this specific finding on the technicality that the district court had erroneously assumed “hypothetical jurisdiction” — whatever that means — but dismissed Garcia’s claim anyway.

The fact is that every state and federal court that has considered Garcia’s contention that he was actually prejudiced by not having been advised of the opportunity to contact the Mexican consulate at the time of his arrest has dismissed the claim.

Nevertheless, the Obama administration has decided to ride to Garcia’s rescue. In its brief filed last week with the United States Supreme Court, the Obama administration claimed that going ahead with the execution “would place the United States in irreparable breach of its international-law obligation to afford (Leal Garcia) review and reconsideration of his claim that his conviction and sentence were prejudiced by Texas authorities’ failure to provide consular notification and assistance under the Vienna Convention on Consular Relations…That breach would have serious repercussions for United States foreign relations, law-enforcement and other cooperation with Mexico, and the ability of American citizens traveling abroad to have the benefits of consular assistance in the event of detention.”

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  • Michael

    Perhaps what is needed is a separate treaty between the United States and Mexico, in which each country renounces its rights under international law to intervene in the other's judicial process against its citizens who commit crimes while present illegally in the country where the crime is committed. This would put both Mexicans on if they bring their children to the U.S. illegally their children will never be able to claim the assistance of the Mexican Consul if they commit crimes in the U.S. There is a basic priniciple of law that holds that one cannot benefit from the law while breaking the law. This principle seems to have fallen into disuse in the U.S. in recent years, with all kinds of criminals receiving money awards for damages from injuries sustained while they were committing crimes. This nation has gone badly astray from commonsense principles of right and wrong.

    • Michael

      oops….I see an error in my comment, due to a change of thought in mid-sentence. Read: This would put Mexicans on notice if they bring…..etc.

    • PhillipGaley

      "This would put Mexicans on notice that, if they bring their children to the U.S. illegally, their children will never be able to claim the assistance of the Mexican Consul if they commit crimes in the U.S."—yes, . . .
      Thank the goodness of common sense that, Morse code, for example, is done in English—the larger problem in all of this—our people getting Leal Garcia through the penalty phase, and the fact that, at the first instance of considerations, the girl was without the common sense and decency which would have kept her at some remove from potential danger, the ever much greater problem is that, out larger society has lost the unity of thought and protection of wisdom which descend from knowledge of the holy as the formulator of Society; in a word, we're leaving our G0D, our girls, and our guns, . . .

    • http://dietsolutionhelp.com/ Ulric

      I trust the president's judgment.

      • michiganruth

        I love the sarcasm in your tone.–that WAS sarcasm, wasn't it?

      • ebonystone

        Which president? President of what?

    • Fred Dawes

      Ask why do real Americans take this BS? we need to take control with guns and rope and trees.

  • taxpayer

    Too bad his death will be by lethal injection, not with the pain, fear and terror that he inflicted on this young girl.

    • CHARLEY 60

      I have thought the president can pardon or commute the sentence of anyone in America. Is this right? If so, why didn't he do so?

  • DogWithoutSlippers

    More bad karma for America – for Americans!

    • jacob

      I'm not going to justify this criminal but the way sex is being rammed down
      people's throats 24 hours a day and the way many girls/ women dress
      nowadays, coupled to the illegality of prostitution, makes many male animals
      jump off the deep end.
      For me to see a woman wiht those cut-off pants showing half a cheek is not
      sexy but nauseating, as it is almost naked women at the beach, contrary to
      what was when women wore the classic bathing suit but then again, if this
      is what floats their boat, so be it…

      After all, being as well as we are on the way of the Roman Empire in almost
      every respect, what is another spot for a leopard ??????

      • mrbean

        Oh it all the victim's fault now is it? Get a life idiot.

      • michiganruth

        congratulations! this is officially the stupidest thing anybody's written on the web all day.

      • dwight

        I am sorry Jacob, I must have missed something. The issue here was whether Mr. Garcia had a right to assistance from the Mexican consulate and the effects, if any, of the denial of that right. How did we get from there to your obsession with women's clothing?

  • jacob

    IMy guess is that this is another stunt of OBAMA towards the Latino vote and his
    DOJ sidekick is only happy to oblige

    However and at the risk of sounding subversive, isn't time for states like ARIZONA
    and even TEXAS to tell THIS Federal Government to go fly a kite ???

    According to what I've read, he commited the crime in 1994.
    It is now 2001, which means his case has been handled for 17 years, exhausting
    all possible appeals and now this "president" has the gall not only to get involved
    in the issue but bringing into a strict domestic issue the rotten and prejudiced
    UN ??
    And Congress keeps mum ???
    If not finding guilty O.J. SIMPSON I guess because he was a "HERO" ( I wonder
    what kind of "heroism" is involved in getting paid millions for pushing people
    running with a ball) and now this last stunt in Florida with this baby killer is not a
    clear sign that this country is finished, I don't know what would be….

    • dwight

      Jacob, the more I read comments from you, the more I am convinced that you need a litle help. My first suggestion is that you FOCUS. If you actually read your comments, you will see that you discussed Obama's agenda, states rights, the merits of the United Nations, OJ Simpson and the woman from Florida in the space of 15 lines. To a rational person that would be a sign that you were ranting. Listen to yourself, focus.

  • davarino

    Ya, thats funny how all the sudden Garcia wants to go "home", now. He probably cant even speak spanish.

  • Elizabeth

    This isn't about a Mexican National wanting to go home or receive the aid of the Mexican judiciary. This is about Obama betraying the sovereignty of the United States of American by insisting the United Nations legal system takes precedence over the United States legal system. If we cave in on this one, it will be a small step into the clutches of United Nations government, which isn't about freedom, liberty, and the American way. It's about tyranny.

    • Fred Dawes

      thank you.

  • Steve Chavez

    How about an illegal raping a seven year old? Yes, here in Santa Fe, a Sanctuary City where illegals hang at a park near the Plaza waiting for a job, a Guatemalan family invited an illegal Guatemalan to live with them. The man repeatedly raped their seven year old daughter! He immediately fled and can't be found. Suspicions are that he is still hiding in Santa Fe since he surely couldn't return to Guatemala since he would really be given justice on the spot!

    Three illegals were caught selling heroin in Santa Fe and another two in nearby Espanol whose area schools are reporting a rash of teen addicts!

    An illegal Mexican was found with fake ID's during a traffic stop for speeding. It was his 11th stop and warrants were out for his arrest. He worked at K-Mart and Lowe's so he was DOING JOBS AMERICANS WILL DO!

    In Albuquerque, the Police reported that up to $300,000 (not a typo) worth of heroin is sold on the streets EVERYDAY! (NOT A TYPO!)

    BARACK OBAMA was in nearby El Paso last month gloating and moating that the "border is secure." Mexican drug gangs have taken over New Mexico and are addicting Americans to heroin! How did they get it here Mr. Con Artist-in-Chief? He said that the Republicans wanted to build a moat with alligators which means I, a Republican, want illegals to be eaten alive!

    Our former Gov. Bill Richardson legalized DRIVERS LICENCES TO ILLEGALS! Now NM is being overrun with fake documents from people all over the world. A Notary Public was caught notarizing fake documents to Mexicans so they could get the license. The new Republican governor, Susana Martinez, who is tough as nails, failed to repeal the law in last Legislative session which is ruled by Bill Richardson cronies!

    • Fred Dawes

      Thank you i almost forgot that one we have had so many evil acts.

  • StephenD

    Elizabeth is exactly right. I've said it before, this President, regardless of what he calls himself does EXACTLY what a Socialist leaning, American hating, Islamist would do in everything he does.

    • dwight

      Perhaps the issue goes beyond Obama. As hard as this is for some people to grasp, this issue is not about illegals either. It is about any foreign national. The reason that Bush and a ton of other Repubicans support reconsideration of this case is that Americans also travel abroad. When we do so, we would like to be advised by the american Consulate if we get arrested.

  • kblink45

    The critical point here seems to be that the confessions under dispute were not taken while Garcia was in custody. Therefore, not only were his rights under the convention not violated, the Obama administration is inventing a new right not even afforded US citizens, that no utterance, under any circumstance, is beyond grounds for appeal. I wonder if foreign nationals in Saudi courts are afforded similar privileges?

  • Angie

    Perhaps send Mr. Garcia back to his "Beloved Mexico" with a note pinned to his shirt that states that he has stolen money from the Mexican drug cartel and let Them dole out THEIR brand of punishment on himt!!!

    • Fred Dawes

      now that is thinking.

  • BS77

    Every day American citizens are killed by ILLEGAL ALIENS….. illegals driving drunk, illegals doing gang shootings, during the commission of robberies and so on…..until our political hacks and drone bureaucrats get the will to identify and DEPORT illegals………and there are MILLIONS of them…..problems will continue. The illegal immigration situation is pure anarchy at present.

  • Babs

    do you think if one of our elected official's family members were a victim of one of the ILLEGALS, they would think differently? Or even better, if THEY were a victim. Just a thought

  • palidin 911

    Obama should shut the hell up. His justice Department (we don't how high it goes) sanctions an illegal gun running operation in which Americans and Mexicans are killed with guns that were allowed to "walk" into Mexico.
    No one told the Mexican Government we were illegally flooding their country with weapons. No one at Justice or the White House were concerned about treaty obligations then.
    And now Obama wants save this piece of crap rapist and murderer due to his concern of our relationship with Mexico? His assertion has zero credibility.
    While the feds were shoveling guns into Mexico, Obama and the commie democrats were pushing gun control because "loopholes in our laws were allowing the Mexican drug cartels access to guns from the US". It was on all the news outlets, but dropped off the radar once "Operation Fast and Furious" became known.
    Obama does not give a damn about Mexico. He is against the death penalty for rapists and murderers, and sees this as an opportunity to push part of his real agenda. Obama is a raging hypocrite and serial liar as is Eric Holder. they have a hidden agenda in every action they take, or one they should have taken, but did not.

  • pagegl

    The Mexican government is bitching that their sovereignty has been violated by the BAFTE's attempt to justify the leftist claim that most guns used in crimes in Mexico come from American gun shops (otherwise known as Operation Gunwalker). Do we get to claim that Mexico is violating our sovereighty by letting their people trepass into our country and commit that and other crimes as has Garcia?

  • LindaRivera

    Obama and his administration much prefer international law over American laws. Obama acts as if America is no longer a sovereign nation. It is so evident that Obama is eager for America to lose her sovereignty and become part of a one world government – New World Order. It is alarming that elites sympathize with rapists and murderers, NOT victims. What kind of future does the world face? A very scary one.

    The top priority of a civilized country is the protection of innocents. Violent predators must never again be allowed to murder more innocents. Executing murderers ensures that they won't.

  • Ghostwriter

    I heard about this today and I'm angry. If anyone on earth deserves the death penalty,it's this Garcia guy. And it isn't just American citizens these guys go after,it's legal immigrants as well. The President and the UN should stay out of this,if they have any feelings or compassion for the victim's family. After what this Garcia guy did to that teenager,he deserves nothing less than death.

  • ExRepub

    I like the way you idiots portray Obama "riding to his rescue" if you want to talk about poor judgement and bad behavior, talk about George Bush standing on the ashes of the deat at ground zero and saying these words, "We are going to get the people who did this" and then he attacked the wrong country??? When Bush was asked later about Osama Bin Laden, he said.."I don't think about him much"??? Where were all you righteous Republicans then???? Hypocrites, all of you!

    • jasonz

      yeah you tell em, we should just let all criminals get away because someone else did it… forget justice, bush did something so lets have obama do it too, after all it seems like obama sure cant even wipe his own ass without a teleprompter or having bush do it first. oh i forgot, obama got rid of a nasty dictator who was supplying the terroists that attacked us. oh and dont forget your lovely UN that dragged its feet so long that 'the wrong country' had time to move everything. oh and dont forget that even sadams own documents stated they were doing this. of course you dont want to mention that inhanced interrogations are what gave obammie the infor he needed to kill OBL and without it he wold still be alive. whay should that matter to you proggies, obama is your master as long as he can figure out a way to bring bush into it you would support obama setting hatian orphans on fire….,.,.im sure glad obama is out in 12…after that OneBigAssMistakeAmerica made im sure we could prob bring in another bush too. ima vote for abnother bush just to watch MSLED explode

  • jasonz

    quite right it should be reviewed and reconsidered,.,.,.,.,.,.,.,.,.,.,.ok done,.,.,.,.,.guilty,.,.,.sentence death. now lets go to el-toritos for taco tuesdays and happy hr, i got the first round!

  • FedUpWithIllegals

    When they enter the country illegally as children, Obama says they deserve the Dream Act. When they commit a capital crime, he says they deserver clemency. I want the same rights as the illegal aliens.

    • marc

      It seems under obama legal citizens are the criminals.

  • michiganruth

    2012 cannot come soon enough. people: whether you're black or white, Jewish or Christian (or nothing), old or young, you must do everything in your power to defeat this guy and elect someone who loves this country!

  • Jim

    I wonder if I can call my consulate the next time I get shook down for $50 by some Mexican "policeman" while driving through some Mexican town?

    • Fred Dawes

      No way you may-not be the right color.

  • HJ4646

    Send Mr. Garcia back to Mexico…in a bag. As to the "international incident" the moron posing as president is concerned about…fu<k Mexico, Mexicans and the so-called International Court. We have no legal obligation to adhere to "international law" regarding crimes comitted within our borders. This is about Obammy kissing Mexican butts to get the criminal illegal alien votes that his thug pals at ACORN will arrange.

  • David

    PEACEFUL ACTION IS THE KEY: The people of the USA have the power to turn things around. Use your strength at the voting booths. It's TimeTo Vote Out The Current Adminstration. Boycott MEXICAN TRAVEL and in time you will get favorable results.

  • WilliamJamesWard

    So what is Obama doing? Could it be kindred spirits attract and nothing
    more, evil begets evil……………………………………………Willam

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  • Firebird

    After he is sentt to methe devil then send his filthy carcass back to mexico where he came from and make them pay for his burial