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Appeals Court Won't Stop Edgar Tamayo's Execution Despite Diplomatic Pressure
huffingtonpost.com A Mexican national moved a step closer to lethal injection Wednesday when a federal appeals court rejected a claim that he was mentally impaired and ineligible to be put to death for the fatal shooting of a Houston police officer 20 years ago. Texas officials have opposed appeals to stop the scheduled lethal injection of Edgar Tamayo, 46, for killing Officer Guy Gaddis, 24, despite pleas and diplomatic pressure from the Mexican government and the U.S. State Department. Tamayo's lawyers went to the U.S. Supreme Court after the 5th U.S. Circuit Court of Appeals said an appeal this week renewing an earlier contention that Tamayo was mentally impaired and ineligible for execution was filed too late. Tamayo's attorneys argued the Inter-American Commission on Human Rights, an arm of the Organization of American States, had determined only last week that Tamayo was mentally impaired. Lawyers contended Tamayo should be granted an exception to court rules barring such new last-minute appeals. His attorneys also appealed a federal judge's refusal to stop the Texas Board of Pardons and Paroles from a clemency recommendation in Tamayo's case because of what they argued were unfair procedures by the panel. The board, appointed by Gov. Rick Perry, can recommend he grant clemency. As it has in nearly all previous death penalty cases, the panel rejected Tamayo's request for clemency. "It doesn't matter where you're from," Perry spokeswoman Lucy Nashed said. "If you commit a despicable crime like this in Texas, you are subject to our state laws, including a fair trial by jury and the ultimate penalty." Gaddis, who had been on the force for two years, was driving Tamayo and another man from a robbery scene when evidence showed the officer was shot three times in the head and neck with a pistol Tamayo had concealed in his pants. The car crashed, and Tamayo fled on foot but was captured a few blocks away, still in handcuffs, carrying the robbery victim's watch and wearing the victim's necklace. Tamayo's attorneys and the Mexican government contend Tamayo's case was tainted because he wasn't advised under an international agreement that he could get legal help from his home nation after his arrest. Records show the consulate became involved or aware of the case just as his trial was to begin. Secretary of State John Kerry previously asked Texas Attorney General Greg Abbott to delay Tamayo's punishment, saying it "could impact the way American citizens are treated in other countries." The State Department repeated that stance Tuesday. to read more: huffingtonpost.com
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