The New York Times
Wednesday, April 15, 1998
Clemency Denied, Paraguayan Is Executed
By David Stout
Washington, April 14 - A Paraguayan citizen was executed in Virginia tonight for murder in a case that began as a terrible crime and became an international incident.
The inmate, Angel Francisco Breard, 32, was put to death by lethal injection in a state prison in Jarratt, Va., shortly before 11 P.M., some 2¼ h, hours after the Supreme Court voted, 6 to 3, not to block the execution, and after Gov. James S. Gilmore 3d rejected a clemency plea.
The Justices issued their decision after considering a plea from the
International Court of Justice that Mr. Bread be spared, and counter-argument
from the Clinton Administration that Virginia should be allowed to mete out its punishment.
Despite the seeming finality of the Supreme Court ruling, the Paraguayan Government began a rush of 11th hour maneuvers immediately afterward. Through its lawyers, Paraguay sought a writ of habeas corpus from a Federal District Court judge in Richmond. When that judge -denied the writ, the lawyers unsuccesssfully sought help from the- United States Court of Appeals for the Fourth Circuit, in Richmond, people close to the Governor say.
It was not immediately clear what grounds the defense lawyers seized upon. Writs of habeas corpus are typically sought when lawyers assert that there are new factors that were overlooked or could not have been known in the original round of appeals.
In any event, Governor Gilmore was not moved. "As Governor of Virginia my first duty is to insure that those who reside within our borders - both American citizens and foreign nationals - may conduct their lives free from the fear ofcrime," the Governor said late tonight.
The Governor called Mr. Breard's crime, the 1992 slaying of an Arlington woman during an attempted rape, "heinous and depraved." H said that DNA testing had proven Mr. Breard's guilt beyond doubt, and that the defendant had admitted it in any event.
Last week, the International Court of Justice urged the United States not to allow Mr. Breard to be executed. The International court noted that Mr. Breard had not been advised by arresting officers of his right to confer with Paraguayan consular officials - a clear and undispuded violation of the Vienna Convention.
Prosecutors had argued that the violation could be remedied by a formal apology, and need not lead to a reprieve for a man who committed a horrible crime and whose trial had unmistakably established his guilt.
The Supreme Court ess-?nt'all,,agreed this evening.
Justices au!
Y-- a- th B a,-@
dissenters issued iers;-
ments to the effect that the issues
raised in t@, -- case were important
enough trj @z a stay o' execution.
While
plea exam @i(- in tne
ed. The international cou.-- rich .. of life in prison. Instead, against his
The execution is sure to aggravate, at least for a time, relations between the United and the ' small Lat , m American country of Paraguay.
Some experts in international law have worried aloud in the past week that Ariierican trave lers mav be less safe overseas, now that their Govemment has at least implicitly tri@i@ed a violation of the Vienna Conventi(
ar
quick.
munii
consular 6ffi6ials@
Officially, Secret,
Madeleine Albri
Governor Gilmore t
tion, citing her fear@
Americans abroad.
her request was tir reluctance" and tha '.,ie horrible nature of the crime,.
-he Supreme Court announced its recision about 8-.20 P.] before the time origin; execution. "The failur -?araguayan Consul ago and has no cont: the opinion stated in part.
Depressed and drunk, Mr. Breard j,,-ced himself into the apartment of Lit@L Dickie on Feb. 17, 1992, tried to -ape her, stabbed her several times in the neck and fled out the kitchen window, investigators . said. He was arrested six months later, after another attempted rape, and was soon linked to the slaying.
His defenders have argued that, had he been allowed to talk to Para@i-iayan officials, he might have been persuaded to accept a plea bargain that would have brought a sentence
iawyers' advice, he pleaded not guilty Vd testified that a curse placed upon him by his father-in-law had impelled him to
eThe Supreme Court essentially Justices John Paul stevenss, Steven G. Breyer and Ruth bader Ginsburgnted. Each ed terse statements to the raised in the case were important to warrant a stay of execution.
While t w x - U á â a æ ç E K L $ ; m ' g " R O D q ' c 5 T X x - & K T [ f n ûûûûûûûûûûûûûóûûûûûûûûûûûûûûûûûûûûûûûûûûûûûûûûûû 0 " c Ä Æ ï c Ä
Y p m { ·
A
Ä
U
Y
1 3 Y [ , · ¡
s u y I á a û
E ö s u w E R ûûûûûûûûöñûûìçñññâöYûûûûûûûûûûûûûûûûûûûûûûûìöûûûûûûûûûûûöâöûìûûûñû A!K A!K A!K A!K A!K A!K B F
he international court's plea was not legally binding in the United states, it put a harsh spotlight on an issue - capital punishment - that has diveded the United States from many other countries where executions no longer take place.
ons between the United and the small Latinaloud in the past week that American travelers maye overseas, now that their Governnt has at least implicitly trivilaliziolation of the Vienna Convention, which requires that a person arrested in a foreign country be ly notified of his right to communicate with his home country's consular officials.Officially, Secretary of State Madeleine K. right had asked Governor
o halt the execution, citing her fear for the safety of Americans abroad. but she said that her request was tinged "with great reluctance" and that sh recognized the horrible nature of the crime.The Supreme Court announced its decision about 8-.20 P.M., 40 minutes before the time originally set for the execution. "The failure to notify the Poccurred long ago and has no continuing effect,essed and drunk, Mr. Breard forRuthkie on Feb. 17, 1992, tried to rkitchen window, investigators been allowed to talk to Paragu of life in prison. Instead, against his l advice, he pleaded not guilty an kill.unsuccessfullyof crimeundisputedSteven's, Steven G. Breyer and Ruth BdissenteddividedtrivializedAlbright ¢ ' ¢ 6 ì ü
B
Ñ
' O I ¢ A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K A!K n
R
( Times New Roman Symbol & Arial z
z
z
[ c q O Ü ,
,
B
U
z
'
"
-
s
Ñ
'
G q A ò ! < G K 2 : O X } ï @ U V W Å ô 5 W [ _ Y p ö ! ( I s ¢ ò w "
x
- & I U
K á â a æ ü
ç E K $ T ¡ z ; m * [ O ' y g f Ö R O : D Z q ' c Ç ì 5 . T U X y x U - O ù u " O D h <,$ ¢,$ k k
