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Texas: Court refuses stay of execution for Mexican

Though Secretary of State John Kerry encouraged Texas Governor Rick Perry to grant convicted murderer Edgar Tamayo a stay from execution, the U.S. Supreme Court denied such a stay on Wednesday. Kerry has said that executing Tamayo, who is Mexican, might make trouble for Americans abroad. 

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REUTERS/Richard Carson
Protestors sing and chant outside the "Walls" prison unit where Edgar Tamayo is scheduled to be executed in Huntsville, Texas, Wednesday. Tamayo, a Mexican, was sentence to the death penalty for killing a Houston police officer. The Mexican government opposes his execution.

The聽U.S. Supreme Court聽denied a stay of execution for Mexican聽national聽Edgar Tamayo聽on Wednesday, allowing聽Texas聽to put to death the convicted killer who is also at the center of a diplomatic dispute.

Texas聽has until midnight local time (0600 GMT) to execute Tamayo at its death chamber in Huntsville.

The Mexican聽government聽has called on聽Texas聽to halt the execution, saying it would be a violation of international law and U.S. Secretary of State聽John Kerry聽has asked聽Texas聽Governor聽Rick Perry聽to consider a stay.

Tamayo, 46, was convicted of shooting dead聽Houston police聽officer聽Guy Gaddis聽in 1994. Gaddis had arrested him on suspicion of robbery.

While handcuffed in the police car, Tamayo pulled a pistol that had gone unseen and shot Gaddis, 24, three times in the back of the head. Tamayo kicked open a window and ran away from the car but was arrested again a few blocks from the scene.

The Mexican聽government聽contends Tamayo was not informed of his right, enshrined in an international treaty known as the聽Vienna聽Convention on Consular Relations, to diplomatic assistance.

In 2004, the聽United Nations' International Court of Justice聽ordered the聽United States聽to reconsider the convictions of 51 Mexicans, including Tamayo, who had been sent to death row without being informed of their consular rights.

So far, two of that group have been executed. Tamayo, who was in the聽United States聽illegally at the time of his arrest, would be the third.

Hoping for a miracle聽

In a statement on Sunday,聽Mexico's foreign ministry said, "If聽Edgar Tamayo's execution were to go ahead without his trial being reviewed and his sentence reconsidered ... it would be a clear violation of the聽United States' international obligations."

Last month, Secretary of State Kerry urged Governor Perry, a foe of the聽Obama administration, to reconsider Tamayo's execution because it could make it more difficult for the United States to help Americans in legal trouble abroad.

On Wednesday, the State Department said it has been in communication with聽Texas聽throughout the process.聽Texas聽argues it is not bound by the聽International Court of Justice聽ruling.

"Mr. Tamayo was convicted of killing a police officer," State Department spokeswoman聽Marie Harf聽told a news briefing on Wednesday.

"It's not that we don't take that seriously. It's that we take seriously our obligations to uphold consular access for folks incarcerated here because we go all over the world and ask other countries to do the same thing and apply those same obligations when our folks are incarcerated overseas," she added.

The case has drawn attention from around the world. Tamayo said his family had received letters of support from at least 67 countries.

In Tamayo's native town of Miacatlan in聽central Mexico, relatives were hoping for a miracle.

Some huddled next to radios anxiously listening for news from the聽United States, sipping on fermented pineapple juice.

"USA-Texas. Pardon聽Edgar Tamayo聽... He is innocent," reads a banner on a major street through town.

"He was like any other guy, a bit crazy yes, feisty, but not to the point of killing someone," said his cousin聽Kenia, a housewife, declining to give her surname.

A U.S. federal judge in聽Austin,聽Texas, on Tuesday rejected a request to delay the execution brought on Tamayo's behalf, saying聽Texas聽was operating within its rights.

"The court concluded that the (parole) board's procedures provided Tamayo adequate due process in conformance with current聽Supreme Court聽precedent," U.S. District Judge聽Lee Yeakel聽wrote in a three-page opinion.

If the execution goes ahead, Tamayo would be the fourth person put to death in the聽United States聽this year and the first in聽Texas.

Texas聽has executed 508 prisoners since the reinstatement of capital punishment by the聽U.S. Supreme Court聽in 1976, the most of any U.S. state.

(Additional reporting by Liz Diaz in Miacatlan, Sandra Maler in Washington, Gabriel Stargardter and Julia Symmes Cobb in聽Mexico聽City and Scott Markley; Editing by Eric Walsh and Lisa Shumaker)

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