Court decision says Vienna Treaty doesn't apply to state prosecutors

On July 8, Humberto Leal, a Mexican national, was executed in Texas for the brutal rape and killing of a teenage girl in 1994. The 16-year-old victim was found by authorities naked with a 30-40 pound asphalt rock roughly twice the size of her skull lying partially on her left arm.

As the lethal injection began to take effect at his execution, Leal shouted, "Viva Mexico."

Just before the execution, his attorneys with the support of President Obama and the U.S. State Department asked Texas for a last-minute reprieve, citing a U.N.-enforced 1963 Vienna Treaty that requires foreign nationals who are arrested in foreign countries be advised of their right to access their consulates.

The U.S. Supreme Court denied Leal's request, calling his argument meritless. In a 5-4 decision, an hour before the execution, the majority of the Supreme Court reaffirmed the law that the 1963 Vienna Treaty is not binding on state prosecutors. For the states to be bound by the treaty, Congress would have to enact legislation. Congress had three years to pass such a bill and did not. Therefore, there is absolutely no requirement whatsoever on state prosecutors to notify foreign countries when foreign nationals have been charged with offenses or to advise foreign nationals of such a right.

This issue occurs over and over largely because we have millions of illegal criminal aliens roaming the United States, many of whom are committing crimes.

At the end of 2003, approximately 267,000 illegal aliens were incarcerated at U.S. correctional facilities. In the fiscal year 2004, the federal government spent $1.4 billion to incarcerate illegal criminal aliens.

Recently, here in Northampton County, the arrest of Venezuelan citizen Joseph Antonio Urquia on a criminal homicide charge of killing a child drew the ire of the consul general of the Republic of Venezuela. In written communication to me, the general counsel complained about the lack of notice given to the consulate about the arrest of Urquia. The consul general also offered his view that Venezuela does not recognize the death penalty and did not condone such a harsh sentence in the case of Mr. Urquia.

Quite frankly, these types of communications from foreign governments are met by my office with no response. This office has absolutely no obligation to notify foreign governments when their citizens commit a serious crime in the United States or to advise them of their right to access their consulate.
The foreign nationals have every right to contact their consulate and may do so. However, it is not my job nor do I volunteer to take on the responsibility of advising foreign nationals of their right to contact the consulate. Unless Congress acts, my position is absolutely clear. We will not let foreign governments dictate to us how criminal cases will be prosecuted involving their citizens, many of whom are here illegally.

John M. Morganelli is district attorney for Northampton County and a past president of the Pennsylvania District Attorneys Association.