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US court reluctant to intervene in case of
death-row Mexicans
US Supreme Court justices on Monday
questioned the need to intervene in a case that could decide the fate of
51 Mexicans on death row who say that their rights were denied at their
trials.
The court heard the case of Jose Medellin, who says his rights were
violated when a Texas court sentenced him to death in 1994 without
giving him consular access. He was convicted for the rape and murder of
two teenage girls in 1993 as a gang initiation.
President George W. Bush ordered new state court hearings for Medellin
and 50 other Mexicans on death row last month because they weren't told
of their right to talk to Mexican officials.
The International Court of Justice ruled last year that the 51
convictions violated the Vienna Convention because US officials failed
to tell foreign nationals of their right to contact their consulates
after their arrest.
While ordering the review of the cases in compliance with the World
Court ruling, the Bush administration withdrew the United States from
the part of the treaty that gives the World Court a final say on
disputes involving foreign inmates.
Several justices said the cases raised "a lot of difficult questions"
and should be decided by state-court proceedings. Some questioned
whether the court should simply dismiss Medellin's appeal on technical
grounds.
Lawyers for Medellin have requested that his case be held while it goes
back to a Texas court. Texas arguments that it was too late for him to
make such a request because he did not raise the issue during his state
trial.
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