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Humberto Leal García, Jr. (January 16, 1973 – July 7, 2011) was[1] a Mexican inmate on death row in the U.S. state of Texas for the May 21, 1994, rape, torture, and murder of Adria Sauceda in San Antonio.[2] Despite calls from U.S. President Barack Obama, the U.S. State Department and Mexico on Texas for a last-minute reprieve, Leal was executed by lethal injection as scheduled on July 7, 2011.[2]

Early life and crime

Leal, a mechanic,[3] was born in Monterrey, Nuevo León, Mexico,[4] and moved to the United States when he was two years old.[5][6] He suffered from brain damage and was sexually abused by a priest as a child.[7]

On May 21, 1994, Leal kidnapped, raped, and murdered 16-year-old Adria Sauceda.[8] The girl had been at a party and become intoxicated, and a group of men gang-raped her. Leal is said to have offered to drive her home, and the two struggled when Sauceda tried to get out of the car a little distance away from the party.[9] Official court documents state "There was a 30- to 40-pound asphalt rock roughly twice the size of the victim's skull lying partially on the victim's left arm; Blood was underneath this rock. A smaller rock with blood on it was located near the victim's right thigh.” There was also a stick Template:Convert in length extending out of her vagina, with a screw at the end.[10] Leal claimed that she fell and hit her head.[9] No one was charged in the gang rape.[9]

Case and trial

Leal was never informed that, as a Mexican national, he was entitled to assistance from the Mexican consul.[10][11] However, at the time of his arrest he did not reveal his Mexican citizenship, and the issue of consular access was not raised during the trial.[12] Critics of the decision to execute him said that he incriminated himself, which a better lawyer might have advised him not to do, and that he had other legal difficulties, including the court-appointed lawyer's failure to challenge questionable evidence.[2][11][13] The jury convicted him after 45 minutes of deliberation.[2] Texas maintained that he confessed before his arrest and so a change of legal counsel or strategy would have made no difference.Template:Citation needed

As Texas law does not allow the death penalty for murder alone if the victim is over age five, prosecutors had to prove, in order for Leal to be sentenced to death, not only that he had killed Adria Sauceda, but that the murder was committed in the course of another felony offense—in this case, rape and kidnapping.[9] Leal's lawyers criticized the lack of DNA evidence supporting the sexual assault charges.[13]

Defenders of Leal stated that the original case relied partly on controversial and flawed methods such as bite mark analysis and the use of luminol to detect blood.[14][15]

While on death row, he was originally held at the Ellis Unit. From 1999 to 2000 the death row was moved to the Polunsky Unit.[16] He had the Texas Department of Criminal Justice Death Row ID# 999162.[17]

Execution and reactions

After 16 years of appeals, Leal was executed by lethal injection at 6:21 pm C.S.T. on July 7, 2011. He admitted responsibility for the crime and said he was sorry,[21] and his final words included "Viva México".[10] Leal's last meal consisted of fried chicken, pico de gallo and guisada tacos.[22]

On July 8, a spokesman for Texas governor Rick Perry stated "If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws."[23]Arturo Sarukhan, Mexico's ambassador to the United States, said that "the government of Mexico has never called into question the heinous nature of the crimes attributed to Mr. Leal and in no way condones violent crime," but condemned the execution; Sarukhan had earlier tried to contact Perry, who would not take his call.[3][23]

Euna Lee, an American journalist who was arrested in North Korea in 2009, criticized the United States' failure to comply with the Vienna Convention, saying that she believed "prompt consular access" protected her from physical mistreatment while a prisoner, and that the decision in the Leal case would encourage foreign governments to violate the rights of American citizens abroad.[24]

Navi Pillay, the United Nations High Commissioner for Human Rights, said that Leal's execution undermined "the role of the International Court of Justice, and its ramifications [were] likely to spread far beyond Texas."[23]

See also

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  • José Medellín

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References

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  11. 11.011.111.211.3 Template:Cite news
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  13. 13.013.1 Template:Cite news
  14. http://www.courthousenews.com/2011/07/08/38009.htm
  15. http://www.humbertoleal.org/dna-testing.html
  16. Texas Department of Criminal Justice. Turner Publishing Company, 2004. 103. ISBN 1563119641, 9781563119644.
  17. leal.jpg." Texas Department of Criminal Justice. Retrieved on September 22, 2011.
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  23. 23.023.123.2 Template:Cite news
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