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Javier Suarez Medina
Javier Suarez Medina, 33, was executed by lethal injection on 14
August in Huntsville, Texas for the murder of a police officer during
a drug deal.
In December 1988, Dallas police officer Lawrence Cadena, 43, arranged
to buy some drugs from Hector "Tony" Rodriguez as part of an
undercover investigation. He drove to a convenience store parking lot
for a pre-arranged meeting. Two other undercover officers parked
nearby in another vehicle to observe the transaction. Cadena was met
by Rodriguez and two of his associates -- Fernando Fernandez and Jimmy
Sanders. Cadena got into Rodriguez's car with Fernandez and discussed
the deal. Rodriguez also gave Cadena a sample of cocaine, which
Cadena took back to his own car. Rodriguez and Fernandez drove away
to get the rest of the drugs, while Cadena waited in his car and
Sanders stood nearby. Meanwhile, a pickup truck pulled into the
parking lot. Sanders had a short conversation with the occupants of
the pickup, then it drove away.
After about fifteen minutes, Rodriguez and Fernandez returned in the
car, and the pickup also returned with two occupants. The driver of
the pickup, Javier Medina, 19, exited, wearing a trench coat, and
approached Cadena's car from the passenger's side. Fernandez, 17,
stood at the driver's side. After Cadena unlocked the car, Medina
threw a bag of white powder into the car. He then raised a
semiautomatic Uzi machine gun and shot at Cadena eight times. He then
slammed the passenger door shut, ran to the driver's side, opened the
door, and raised his weapon again. One of the other undercover
officers fired four shots at Medina, wounding him. Fernandez then
reached over Cadena's body and ripped open his shirt and pants,
presumably looking for the drug money. The third officer fired one
shot at Fernandez and wounded him.
At this point, the second officer heard shots from behind him. He
turned and saw Rodriguez attempting to drive away from the scene. He
fired two shots and fatally wounded Rodriguez. Medina and Fernandez
were arrested. The other occupant of the pickup truck, who was not
identified, drove away and abandoned the stolen truck less than a mile
away. He and Jimmy Sanders were arrested and charged with possession
of a controlled substance. No information was available regarding the
disposition of their cases.
The story of Lawrence Cadena's death was made into a 1990 TV movie,
"In the Line of Duty."
Medina was taken to the hospital for treatment of his wounds. While
at the hospital, he gave a tape-recorded confession. He said that he
agreed to deliver $4,000 worth of cocaine for Tony Rodriguez and that
he was given an overcoat and an Uzi "in case anything happened." He
said that the plan was to make the drug deal, then follow the buyer
until he stopped, shoot him, and take back the drugs. He said that he
didn't know Cadena was a police officer. "I thought he was just a
...regular drug dealer," he said. "He didn't have no sign for me to
know that he was a cop."
A forensic chemist tested the white powder that was in the bag Medina
threw into Cadena's car. He testified that the substance was not
cocaine nor any other controlled substance. He also analyzed the
sample that Rodriguez gave Cadena. It tested to be 87 percent
pure cocaine.
Medina had no prior felony convictions, but he had three previous
arrests, including one for aggravated robbery.
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.
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