supreme court declines to Mess With Texas -- 10th Amendment still lives!

Waste of organic material finally quits using my oxygen – and Texas celebrates.

Last night, August 5, 2008, at 9:57 pm, the state of Texas dispensed a measure of justice when it gave the needle to one Jose Medellin, who in 1993 (that’s right, 15 years ago) participated in the brutal gang-rape and murder of two teenage girls in Houston. He is the second of the 6 perpetrators to be executed. One more awaits execution. Two have had their death sentences commuted to life sentences (I don’t know why), and one was a minor at the time and serves a 40-year sentence. Much more detail is here in a diary I wrote yesterday.

For those readers who oppose the death penalty or who think Texas is just some mad-hat out-of-control state that take entirely too much pleasure in executing people, I heartily invite you to read details of the crime here>. Since you are probably a wuss, you might want to keep a barf bag handy. The link provides the sanitized version, but maybe it’ll give you a perspective on why Texas uses the death penalty. I’m a strong man, and I’ve seen death, mayhem, and bodies, but the detailed description of this crime made me physically ill and gave me many nightmares.

In EPU-world, these perpetrators would have been punished in the same way they committed the crime – lex talonis. Jose Medellin can thank whoever that EPU was not a blood relative of one of those two girls. But that’s a song for another day.

So why did it take 15 years to put this worthless piece of filth into the grave? Glad you asked. Follow the jump….Practically every death penalty case is good for 6 years minimum of appeals, reviews, paperwork, and various procedures. I am not a lawyer, I only have posters, banners, and T-shirts of a former Tennessee Senator who plays a lawyer on TV. So I don’t pretend to know all the details, and the following will no doubt ramble.

America finds the idea of executing an innocent person to be exceedingly repugnant, and so all manner of opportunities are given to a death-sentenced person to find flaws in the trial, conviction and sentencing process. Additionally, a powerful and dedicated force of death penalty opponents, with many lawyers, researchers, lobbyists, and agitators, have created roadblocks of every kind imaginable, and stand prepared to appeal and litigate on the flimsiest of pretenses. The liberal courts are not especially friendly to death penalties either. Thanks again, anthony kennedy, hugs and kisses.

But the kicker in this case is another item entirely. Medellin was a Mexican national. Mexico is staunchly opposed to the United States executing Mexican citizens who commit capital murders in the United States — and in fact Mexico will not extradite fugitives sought by the US unless they gain assurances that the criminal will not be subject to the death penalty. So they’ve been lobbying forcefully in this case, and you should know that Mexico has a fair amount of political muscle in Texas. The Texas contingent here at RedState can attest.

But it gets even more fun. The United States is a signatory to the Vienna Convention of 1963. I don’t know all the details here, but as it relates to the murders of Pena and Ertman, apparently this Vienna Convention gave Medellin the right, once he was arrested, to contact the Mexican consulate in Texas for assistance. Jerkbag did not assert that right, but neither did Texas specifically inform him of that right. Therefore….well read this WND blurb:

The Bush administration became involved in the Medellin case in 2003 when Mexico sued the U.S. over the consular issue in the International Court of Justice at the Hague. The so-called “World Court” is the United Nations’ top court for resolving international disputes.

The court ruled in Mexico’s favor in late 2004 and ordered the U.S. to reconsider the Mexican inmates’ murder convictions and death sentences. In February 2005, Bush announced that while he disagreed with the World Court’s decision, the U.S. would comply. He ordered courts in Texas and elsewhere to review the cases.

At this point, President Bush intervened – and ultimately the Texas Supreme Court, and the united states supreme court agreed, that Bush had no authority as POTUS to instruct the courts in that manner – and further made note that since crap-burger Medellin failed in the original trial to complain about the violation of his consular rights, he had therefore waived them.

But meanwhile, the years accumulate, as these things are hashed out, dog-turd as now lived on death row longer than Jennifer Ertman lived on earth. So as yesterday’s execution date finally came, the right people cowboyed up.

(1) Monday, the Texas Board of Pardons and Paroles voted 7-0 to not recommend Governor Perry to pardon, commute, or anything else – in short, full speed ahead.
(2) Governor Perry had made it known for quite some time that eat glass before he would issue any kind of commutation or pardon.
(3) The united states supreme court delayed the execution for over 3 hours as they ultimately concluded that state courts were not subject directly to treaties entered into by the United States.

So finally, at age 33, it quit breathing. It will not be missed. Jennifer Ertman and Elizabeth Pena, those beautiful and innocent souls, deserved so much better, but this will have to do on this earth. My very best wishes to their families. The Lord God’s justice is now, finally, beginning.


Nomenclature note: after this recent session, I no longer capitalize the name of us supreme court, any of its abbreviations, or the names of the 5 jackasses who should be impeached.