Court Stops Execution of Houston Killer

The Related Press Members of the Nicaraguan Human Rights Middle, CENIDH, holds an image of Nicaraguan Bernardo Aban Tercero throughout an indication towards his execution in Managua, Nicaragua, Monday, August 24, 2015. That appeal had not been ruled on when the state court halted the punishment.

They also say that he was denied his right to speak to the Nicaraguan consulate after his arrest.

Tercero, who is from Nicaragua, was convicted of capital murder and sentenced to die October. 20, 2000, for the 1997 fatal shooting of a customer at a Harris County dry cleaning shop.

“The Inter-American Commission concluded, among other findings, that the State’s failure to respect its obligation under Article 36.1 of the Vienna Convention on Consular Relations to inform Bernardo Abán Tercero of his right to consular notification and assistance deprived him of a criminal process that satisfied the minimum standards of due process and a fair trial required under the American Declaration”.

His execution was the tenth to be carried out in Texas, so far, this year.

Texas authorities say Tercero committed a brutal murder and he is subject to the laws of the state.

Texas, which leads the nation in executions, was involved in a similar situation in 2014 with Mexican national Edgar Tamayo. A prisoner’s awareness and understanding of the punishment are criteria established by the U.S. Supreme Court to allow a convicted killer’s execution. In the recent petition filed to the Texas Court of Criminal Appeals, Long said he had no evidence that prosecutors were aware Cotera’s trial testimony was false. The Texas Court of Criminal Appeals agreed there was grounds for an appeal and stayed Tercero’s execution.

Hooper said Nicaraguan President Daniel Ortega issued a plea for clemency to Texas Gov. Greg Abbott. He’d be the 11th inmate executed in Texas this year. State lawyers said that Tercero’s lawyers knew about the alleged false testimony for about 15 years and could have presented the claims “earlier than two days before” the scheduled execution.