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Late-breaking: Supreme Court consideration delays illegal alien rapist/double murderer’s execution; Update: No reprieve; executed

By Michelle Malkin  •  August 5, 2008 10:27 PM

Update: Good riddance.

Update: Phew..Just in…”The U.S. Supreme Court has denied Mexican-born condemned prisoner Jose Medellin’s request for a reprieve. The court denied the request late Tuesday, more than three hours after Medellin’s execution was to take place. The death warrant remains in effect until midnight CDT.”

Original post 10:27pm Eastern…
After backing the sovereignty of the state of Texas and rejecting international meddling, the US Supreme Court’s consideration of a last-ditch appeal has put illegal alien rapist/double murderer Jose Medellin’s scheduled execution tonight on hold.

Reader Sean O’Brien clarifies: “Texas chose to wait for the Supreme Court to actually rule–it could have, in the absence of a stay, carried out the execution.”

Stay tuned for late-breaking developments.

Blood pressure alert squared:

Injecting last-minute uncertainty into a case that has garnered international attention, the U.S. Supreme Court considered a late-hour appeal by Texas death row inmate Jose Ernesto Medellin on Tuesday night, disrupting the timetable for his scheduled execution in the 1993 rape and murder of two Houston teenagers.

The 33-year-old Mexican national, the center of an international dispute over U.S. treaty obligations, was scheduled to die by injection shortly after 6 p.m. Texas time. But the execution remained on hold nearly two hours later as justices considered his request for reprieve.

“We’re waiting for a ruling from the U.S. Supreme Court,” said prison spokeswoman Michelle Lyons in explaining the delay.

The case became entangled in international politics over Medellin’s assertion that he was denied his right to contact the Mexican consulate after his arrest. Under a 1963 treaty signed by the United States and 165 other countries, citizens from any of the participating nations are entitled to contact a consular official “without delay” if they are arrested overseas.

An unlikely cast of legal allies, including the Bush administration and much of the world’s diplomatic community, embraced Medellin’s position, warning that the United States will be accused of violating the treaty if Medellin is executed without a hearing on his consular access claim. The case pitted President Bush against his home state of Texas.

Medellin and five other members of a gang called the Black and Whites were convicted of raping and killing Jennifer Lee Ertman, 14, and Elizabeth Pena, 16, after the two girls stumbled into a gang initiation while hurrying home from a party.

Witnesses said Medellin later bragged about the assault and described using a shoelace to strangle one of the girls because he didn’t have a gun. Medellin, then 19, also “put his foot on her throat because she would not die,” according to a state legal brief.

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