Hernandez

USA Violates International Law; Executes Mexican Citizen – Ramiro Hernandez


April 12, 2014

The United States has once again violated international law, with its execution of Mexican citizen Ramiro Hernandez, who was denied the consular attention included in a Vienna convention, the United Nations charged today.

“Mr. Hernandez did not have consular access, established in Article 36 of the Vienna Convention for Consular Affairs,” OHCHR spokesperson Rupert Colville told the press.

Colville recalled that in 2004 at the U.N. headquarters in Geneva, the International Criminal Court (ICC) issued a resolution noting that the United States should review and reconsider the cases of 51 Mexicans sentenced to death, including the case of Hernandez, since they had not received the required assistance.

Under international law, the violation of the right to consular notification affects due process, so, we are witnessing a new case of arbitrary deprivation of life by a signing country, since 1992, of the International Convention on Civil and Political Rights”, Colville highlighted.

The spokesperson said Wednesday’s execution, which took place in Texas was regrettable.

This is the 16th time the United States has applied the death penalty this year; the 6th in Texas. The U.N. opposes this punishment under any circumstance, but even more so in the recent case due to the aforementioned violations, Colville stressed.

 

(source: plenglish.com)

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APPEAL OF MEXICAN NATIONAL ON TEXAS DEATH ROW IS REJECTED BY 5TH U.S. CIRCUIT COURT OF APPEALS


By ExecutionWatch.com
LIVINGSTON, Texas – A Mexican national on Texas death row has lost an appeal in which he claims he is mentally retarded and therefore ineligible for execution.

The Fifth U.S. Circuit Court of Appeals affirmed a lower court’s opinion that Ramiro Hernandez is not retarded, despite expert testimony that he suffers from mood and thought disorders and has received IQ scores ranging from the 50s to the 80s.

In its ruling Friday, the panel also rejected Hernandez’s request to expand his appeal to include claims that his lawyer was both ineffective and biased and that the trial court wrongly admitted evidence of previous convictions in Mexico.

Hernandez was sentenced to death in the 1997 slaying in Kerrville of a rancher who employed him as a hired hand. He is being held in the Polunsky Unit, home of the Texas death row for men.

The New Orleans-based Fifth Circuit is one of 12 regional U.S. appeals courts that hear cases that have run out of state-level appeals. It hears cases out of Texas, Louisiana and Mississippi.

http://www.ca5.uscourts.gov/opinions/unpub/12/12-70006.0.wpd.pdf

TEXAS – EXECUTION – Ramon Hernandez, November 14, 2012 EXECUTED 6.38 p.m


Ramon Torres Hernandez, 39, was pronounced dead at 6:38 p.m., 26 minutes after the lethal dose was administered. His lawyers had filed an appeal earlier Wednesday, but it was denied, paving the way for his execution for the murder of Rosia Maria Rosado in 2001.

Hernandez turned his head and addressed his brother, Daniel Hernandez, after the warden asked him if he had a final statement.
“Did I ever tell you, you have Dad’s eyes? I have noticed that in the last couple of days,” Ramon Hernandez said. “I’m sorry for putting you through all of this. Tell everyone I love them. It was good seeing the kids. I love them all, tell mom, everybody. I am very sorry for all the pain.”
 His brother, standing close to the glass and crying said: “I love you.”
Because Texas no longer allows inmates to order special last meals, Hernandez ate the same food as everyone else in his unitBecause Texas no longer allows inmates to order special last meals, Hernandez ate the same food as everyone else in his unit

Final confession sought from death row murderer

since then, prosecutors have also tied Ramón Hernandez, 39, to the murders of two young girls and say he could be responsible for even more killings.

But Rico Valdez, who serves as the appellate division chief for the Bexar County District Attorneys Office, fears Hernandez may take the answers to those unsolved murders to the grave since prosecutors are nearly out of time. It is the eleventh hour for Bexar County prosecutors seeking a confession on at least two more murders from Hernandez and they are doing everything they can in the next 24-hours to get him to talk.

“We’re still hopeful in the hours that we have left that we’ll have that opportunity, but there are no guarantees,” explained Valdez.

Valdez has been working to get a confession from Hernandez on two unsolved murders ever since the DA’s office first learned about the cases.

According to Valdez, “Jennifer Taylor and Laura Gamez, they disappeared or they were last seen in November 9, 1994 and their bodies were discovered April 15, 1995 the next year.”

The young girls’ bodies were discovered on a ranch belonging to Hernandez’ uncle in Bandera County one year after they were killed.

“Unfortunately, because the bodies had been exposed to the elements we weren’t able to obtain any DNA linking Hernandez directly to the crime.”

But he added Hernandez’ style of killings from the murder and rape of Rosado from 2001 and two young cousins: Sarah Gonzales and Priscilla Almarez in 1994 matches the murders of Taylor and Gamez.

The DA’s office was able to obtain indictments for Hernandez in the killings of those two cousins dating back to 1994. The deaths of Taylor and Gamez are still considered unsolved.

The DA’s office has once again reached out to Hernandez through his attorney in recent days to get answers in those unsolved cases. He has declined speaking to them again. However, prosecutors remain optimistic that he will change his mind.

November 13, 2012 http://www.mysanantonio.com

Ramon Hernandez stands as jurors enter the courtroom for his trial in the death of Rosa Maria Rosado on  October 1, 2002. Photo: ROBERT MCLEROY, SAN ANTONIO EXPRESS-NEWS / SAN ANTONIO EXPRESS-NEWS

Ramon Hernandez is set to be executed Wednesday for the 2001 abduction, rape and killing of Rosa Maria Rosado.Rosa Maria Rosado, 37 was found dead in a shallow grave near UTSA Boulevard and Loop 1604. / SA

But the man prosecutors have called a serial rapist and murderer is known to have other victims.

Rosado, whose body was found in a shallow grave near Loop 1604 and UTSA Boulevard, was the first of five victims authorities connected to Hernandez or named him as suspect. It was his only conviction.

The single mom, 37, was snatched from a bus stop near Highway 90 and Military Drive. She was bound with tape, had her head covered and was driven to a Culebra Road motel, where she was killed.

By the time Hernandez was linked to Rosado’s homicide, the families of Sarah Gonzales, 13, and Priscilla Almares, 12, had been searching seven years for answers in the young cousins’ killings.

This is a composite image of Sarah Beth Gonzales (left) and her cousin Priscilla Almares (right) before they were murdered in 1994. Gonzales was 13 and Almares was 12 at the time of the murders. The man responsible for the murders, Ramon Hernandez, is scheduled to be executed on November 14, 2012. Hernandez, however, is being executed for murdering and raping another woman, Rosa Maria Rosado, 37, in 1994. This image was provided by Sarah Beth Gonzales' father, John Gonzales. Photo: JOHN DAVENPORT, San Antonio Express-News / © San Antonio Express-News

“I can’t explain the feeling; I can’t explain the hurt,” said John Gonzales, father of Sarah and uncle to Priscilla. “Unless you walk in my shoes, you just can’t imagine it. You’re kind of numb. There’s disbelief it happened.”

For Gonzales, there also was disbelief that police had found his daughter’s killer. But after they told him about DNA evidence that linked Hernandez to the crime, he finally could stop searching.

Hernandez also is the main suspect in a 1995 Bandera County case involving two teens reported missing about a month before Sarah and Priscilla.

At the time of all of the homicides, Hernandez was on parole for breaking into a house and allegedly raping a woman.

While Hernandez wasn’t convicted in the killings of Sarah and Priscilla, Gonzales said justice was done because authorities announced they closed the case using DNA.

Gonzalez said no one from their family planned to witness the execution.

Hernandez, 41, declined to comment. His attorney, Robin Norris, requested a commutation of Hernandez’s sentence to life without parole, arguing that his client was a party to the crime but didn’t rape or kill Rosado.

Norris pointed to Hernandez’s co-defendant, Santos Minjarez, as the main culprit.

Minjarez also was sentenced to death in a separate trial. He died of natural causes in Jan. 2012 before his execution was set.

Hernandez was afraid of Minjarez and he also was withdrawing from addictive medication prescribed as part of his parole, Norris said.

The medication was to treat anxiety and post traumatic stress disorders that developed after Hernandez watched his father get shot in front of him, he added. That made Hernandez more susceptible to Minjarez’s suggestions, Norris said.

“Clearly he’s responsible in some measure for this,” Norris said. “But in the past, the governor has commuted a sentence if the person didn’t commit the offense by his own person.”

The status of the commutation request wasn’t available. Both Hernandez and Minjarez pointed to each other as the murderer in their separate trials, according to previous stories. Prosecutors pointed to Sarah and Priscilla’s cases to show a pattern.

“They were like sisters,” Gonzales said. “They disappeared together. They found them together and we buried them together.”

The two girls last were seen on Timbercreek Drive the evening of Dec. 16, 1994. They were expected at their church for caroling, Gonzales said. Their bodies were discovered in Rodriguez Park the next day.

At least the girls were found quickly, Gonzales said.

That wasn’t the case with Laura Gamez and Jennifer Taylor, both 15 when reported missing two days apart in November 1994, previous reports state. Their bodies weren’t found until April, 1995, according to previous stories.

After San Antonio police linked Hernandez to Rosado, Sarah and Priscilla, Bandera County authorities revealed he was the prime suspect in the deaths of Laura and Jennifer.

An autopsy couldn’t determine rape, but they had been strangled, a previous report states.

The Express-News was unable to find the families of either teen.

Bexar County First Assistant District Attorney Cliff Herberg said recently that investigators still hoped to talk to Hernandez about the unsolved cases.

Whether Rosado’s family planned to attend the execution wasn’t known. Rosado’s sister declined to comment. Attempts to reach Rosado’s daughter weren’t successful.

She was 14 when her mom was killed and the first to report her missing after Rosado failed to come home from a night shift at a telemarketing firm April 1, 2001, court documents said.

“Mom, please call and let me know you are OK,” read a sign she posted in her neighborhood, a previous report said. “I miss you, please come home. Love Patricia.”

Hernandez’s girlfriend Asel Abdygapparova led police to Rosado’s body five days after she was abducted.

Then 26 and a University of Texas at San Antonio exchange student from Kazakhstan, Abdygapparova was pregnant with Hernandez’s child, who would be born after her arrest.

She was with Hernandez and Minjarez when Minjarez spotted Rosado as a possible robbery victim, previous stories said.

They grabbed her from the bus stop and took her to the motel, she told police. She left to buy a shovel and bleach while Rosado was raped.

Police first considered Abdygapparova a witness but later arrested her. Prosecutors wanted the death penalty.

She feared Hernandez and was under control, she said during testimony in her defense. Jurors sentenced her to life in prison but an appeals court overturned that decision in 2007. She’s still in Bexar County Jail awaiting a new trial.

Her attorney didn’t return calls for an interview request.

Gonzales takes no comfort in Hernandez’s execution. It took many years of praying to forgive Hernandez and to tame the anger he felt.

“It festers inside of you; it eats you up and can totally destroy you” he said.

He and knows the pain Hernandez’s mother will feel. He does not wish that on anyone, he said.

“I did tell his mom that one day she would walk in my shoes,” Gonzales said. “I said to her when he did go to prison she would have the opportunity to write him or go visit him. Now for me, for my family, when we want to go see (Sarah and Priscilla), we can’t physically see them. We go anyway. … They are just shells now. Their spirits are in Heaven.”

TEXAS – Jesse Joe Hernandez execution – march 28, EXECUTED 6.18 p.m


Jesse Joe Hernandez received lethal injection for the slaying of Karlos Borja (10 months old) 11 years ago.

“Tell my son I love him very much,” the 47-year-old Hernandez said before being put to death. “God bless everybody. Continue to walk with God.”

“Dile a mi hijo que  le quiero mucho”, dijo  Hernández de 47 años de edad, antes de ser condenado a muerte. “Dios bendiga a todo el mundo. Continúe caminando con Dios.”

As the drugs took effect, he repeated his appreciation for those he knew who had gathered to witness the execution. “Love y’all, man,” he said. “… Thank you. I can feel it, taste it. It’s not bad.”

He took about 10 deep breaths, which grew progressively weaker until he was no longer moving. Ten minutes later, at 6:18 p.m. CDT, he was pronounced dead.

———————————————————————-

The U.S. Supreme Court this afternoon rejected Jesse Hernandez’s request for a stay of execution, a court spokesman said.

(Los EE.UU. Corte Suprema de Justicia rechazó esta tarde, Jesse Hernández solicitud de suspensión de la ejecución, comento un portavoz del tribunal.)
The high court ruling came about two hours before the 47-year-old Hernandez, who previously was convicted of a child sex offense, could be taken to the Texas death chamber for lethal injection. The justices’ order was brief and did not include an explanation for their decision.

The Texas attorney general’s office opposed any delay, questioning whether the high court even had jurisdiction in the case because constitutional claims weren’t raised earlier in state courts.

Thomas Jones, an assistant attorney general, said jurors who sent Hernandez to death row probably would not have approved of a trial strategy that attempted to shift blame for the child’s death to the doctors treating him.

“Such an argument smacks of chutzpah,” Jones told the Supreme Court.

The decision clears the way for Texas to put Hernandez to death by injecting him with a series of drugs, including one often used to euthanize family pets. It will be the fourth execution of the year in Texas, the 12th in the United States.

march, 28, 2012 sourcehttp://abclocal.go.com

HUNTSVILLE, TX — The U.S. Supreme Court is considering whether to block the scheduled execution of a convicted child sex offender condemned in the beating death of a 10-month-old boy he was babysitting at a home in Dallas.

Related Content

Forty-seven-year-old Jesse Joe Hernandez is set for lethal injection Wednesday evening in Huntsville for the slaying of Karlos Borjas 11 years ago.

The child was brought to a Dallas hospital in April 2001 with a skull fracture and bruises to his head, thigh and abdomen. A week later, he was taken off life support and died. Hernandez’s DNA was found in Karlos’ blood on a pillowcase and on the child’s clothing.

Hernandez denied beating the children but later acknowledged to a detective he may have hit the boy with a flashlight.

case and court old post  click here

traducion para los hispanicos

Huntsville, Texas (AP) – La Corte Suprema de EE.UU. está considerando la posibilidad de bloquear la ejecución programada de un delincuente sexual sobre menores  condenado a muerte , por golpear  un niño de 10 meses de edad, cuando estaba de  niñera en una casa en Dallas.

Cuarenta y siete años de edad, Jesse Joe Hernández está listo para la inyección letal la noche del miércoles en Huntsville por el asesinato de Karlos Borjas, hace 11 años.

El niño fue llevado a un hospital de Dallas en abril de 2001 con una fractura de cráneo y contusiones en la cabeza, el muslo y el abdomen. Una semana más tarde, se le retirara el respirador artificial y murió. El ADN de Hernández se encuentra en la sangre Karlos ‘en una funda de almohada y en la ropa del niño.

Hernández negó a golpear a los niños, pero más tarde reconoció a un detective que pudo haber golpeado al muchacho con una linterna.

No. 11-9486

Jesse Joe Hernandez v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 27, 2012

Reply of petitioner Jesse Joe Hernandez filed.

on March 27, 2012

Brief of respondent Texas in opposition filed.

on March 26, 2012

Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.

on March 26, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)

Parties

Jesse Joe Hernandez, Petitioner, represented by Brad D. Levenson

Texas, Respondent, represented by Thomas M. Jones

Texas, Respondent, represented byFredericka Sargent

Last updated: March 28, 2012

from Us supreme Court :

No. 11-9486      *** CAPITAL CASE ***
Title:
Jesse Joe Hernandez, Petitioner
v.
Texas
Docketed: March 26, 2012
Linked with 11A904
Lower Ct: Court of Criminal Appeals of Texas
  Case Nos.: (WR-62,840-02)
  Decision Date: March 21, 2012
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 26 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)
Mar 26 2012 Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 27 2012 Brief of respondent Texas in opposition filed.
Mar 27 2012 Reply of petitioner Jesse Joe Hernandez filed.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Brad D. Levenson Director (512) 463-8502
Office of Capital Writs
Stephen F. Austin Building
1700 N. Congress Avenue, Suite 460
Austin, TX  78711
Party name: Jesse Joe Hernandez
Attorneys for Respondent:
Thomas M. Jones Assistant Attorney General (512) 936-1400
Office of the Attorney General of Texas
Post Office Box 12548
Capitol Station
Austin, TX  78711-2548
Party name: Texas