Post by sclcookie on May 24, 2006 1:02:18 GMT -5
Do Not Execute Jesus Aguilar! May 24, 2006
Texas
The state of Texas is scheduled to execute Jesus Aguilar, a latino man, on
May 24, 2006 for the capital murder of Leonardo Chavez and his wife,
Annette Chavez in the Palm Vista Estates of Harlingen. The Chavez's had
been house-sitting for a friend of Aguilars, Rick Esparza, who worked with
Aguilar in the sale of marijuana. Tension between the two men arose when
Esparza began dealing without Aguilar. On June 9, 1995 Aguilar, along with
his nephew, David Quiroz, entered the trailer and shot Leonardo and
Annette. During the shooting, one of the couple's sons was asleep in
another room, while the other hid beneath a kitchen table.
Aguilars conviction for capital murder, as opposed to a lesser,
non-capital murder, is contingent upon the fact that he allegedly
committed 2 murders during the same transaction. Moreover, in capital
cases it is constitutionally required that the jury be instructed of a
lesser included offense charge... "when the evidence unquestionably
establishes that the defendant is guilty of a serious violent offense -
but leaves some doubt with respect to an element that would justify
conviction of a capital offense..." However, the judge that presided over
Aguilar's trial refused his request that the jury be made aware of this
constitutional requirement, thereby violating Aguilar's Fourteenth
Amendment right to due process of law. The U.S. Fifth Circuit Court of
Appeals denied Aguilar's claim with respect to this issue notwithstanding
the testimony of the victims' 9-year-old son, who witnessed the crime,
which states that Aguilar shot his father, while Esparza shot his mother.
While the there is little question as to whether or not Aguilar
participated in the murder of Annette, there is some doubt that Aguilar
can be held culpable for Leonardos death. If Quiroz acted alone, without
encouragement or participation of Aguilar, then Aguilar should not have
been sentenced to death. Aguilar's death sentence is dubious at best. For
this and other reasons, we should not execute Jesus Ledusma Aguilar.
Take action now at
www.democracyinaction.org/ncadp/campaign.jsp?campaign_KEY=3440
(source: NCADP)
Texas
The state of Texas is scheduled to execute Jesus Aguilar, a latino man, on
May 24, 2006 for the capital murder of Leonardo Chavez and his wife,
Annette Chavez in the Palm Vista Estates of Harlingen. The Chavez's had
been house-sitting for a friend of Aguilars, Rick Esparza, who worked with
Aguilar in the sale of marijuana. Tension between the two men arose when
Esparza began dealing without Aguilar. On June 9, 1995 Aguilar, along with
his nephew, David Quiroz, entered the trailer and shot Leonardo and
Annette. During the shooting, one of the couple's sons was asleep in
another room, while the other hid beneath a kitchen table.
Aguilars conviction for capital murder, as opposed to a lesser,
non-capital murder, is contingent upon the fact that he allegedly
committed 2 murders during the same transaction. Moreover, in capital
cases it is constitutionally required that the jury be instructed of a
lesser included offense charge... "when the evidence unquestionably
establishes that the defendant is guilty of a serious violent offense -
but leaves some doubt with respect to an element that would justify
conviction of a capital offense..." However, the judge that presided over
Aguilar's trial refused his request that the jury be made aware of this
constitutional requirement, thereby violating Aguilar's Fourteenth
Amendment right to due process of law. The U.S. Fifth Circuit Court of
Appeals denied Aguilar's claim with respect to this issue notwithstanding
the testimony of the victims' 9-year-old son, who witnessed the crime,
which states that Aguilar shot his father, while Esparza shot his mother.
While the there is little question as to whether or not Aguilar
participated in the murder of Annette, there is some doubt that Aguilar
can be held culpable for Leonardos death. If Quiroz acted alone, without
encouragement or participation of Aguilar, then Aguilar should not have
been sentenced to death. Aguilar's death sentence is dubious at best. For
this and other reasons, we should not execute Jesus Ledusma Aguilar.
Take action now at
www.democracyinaction.org/ncadp/campaign.jsp?campaign_KEY=3440
(source: NCADP)