Execution Report: Javier Suarez Medina

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A jury convicted Medina of capital murder in May 1989 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in May 1993. In July and September 1997, the trial court held two evidentiary hearings on Medina's 29 state habeas corpus claims. The court denied all of his claims in May 1998, and the Court of Criminal Appeals affirmed in September 1998. In April 2001, a U.S. district court heard oral arguments on Medina's 21 federal habeas claims. That court ruled against Medina in May 2001. All of his subsequent appeals in state and federal court were denied.

Fernando Fernandez was convicted of armed robbery and delivery of cocaine. He began serving a 60-year prison sentence in 1989.

Medina was a citizen of Mexico, although he had resided in the United States since the age of 3. There were conflicting reports of whether he informed authorities of this at the time of his arrest. Under the Vienna Convention, foreign citizens are entitled to contact their country's consulate in the U.S. when arrested. The Mexican consul was not notified of Medina's arrest until after he had already been tried and sentenced to death. For this reason, Mexican officials, including President Vicente Fox, protested Medina's scheduled execution and sent letters to Governor Rick Perry, U.S. Secretary of State Colin Powell, and others, urging that his sentence be commuted. Courts in the U.S. have never commuted a death sentence on the basis of a Vienna Convention violation, however.

In his 13 years on death row, Medina had twelve previous execution dates, all of which were stayed by the courts. "This one here, there's a good possibility it'll get carried out," Medina told a reporter a few days before his death. "I'm at peace with myself. I'm not scared or worried. Part of me hopes it gets carried out."

On Tuesday, the day before his execution, the Texas Board of Pardons and Paroles denied Medina's clemency petition by a 17-0 vote and rejected his request for a stay of execution by a 16-1 vote. On Wednesday, the U.S. Supreme Court also declined to halt the execution, and Governor Perry declined to issue an emergency reprieve.

"I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them," Medina said in his lengthy last statement. He told his family that he was going to "a better place ... I'm going home. I'm at peace. I'm at rest." Switching to Spanish, Medina then addressed the people of Mexico who campaigned to save his life. "Thanks for your support and for never leaving me alone," he said. "Viva Mexico." Switching back to English, he told the Cadena family again, "I am truly sorry. May you find peace in this." His last statement thus concluded, the lethal injection was started. Medina sang "Amazing Grace" as the deadly chemicals flowed into his body. As he recited the phrase, "I once was lost, but now am found," he lost consciousness. He was pronounced dead at 6:23 p.m.

By David Carson. Posted on 15 August 2002.
Sources: Texas Department of Criminal Justice, Texas Attorney General's office, Associated Press, Dallas Morning News, Huntsville Item.