The New York Times

Friday, June 18, 1999

Texas Executes Canadian Despite International Pleas

By BARBARA WHITAKER

HOUSTON -- A Canadian man who survived nine dates with death in 22 years on death row in Texas was executed Thursday despite international pleas to halt the proceeding.

The man, Joseph Stanley Faulder, 61, who was sentenced to death for the 1975 murder of a wealthy elderly woman, was the first Canadian to be executed in the United States since 1952.

Canadian officials, as well as human rights groups and international legal authorities, had sought to halt the execution for several reasons, among them that Faulder was never notified of his right to contact the Canadian Consulate.

In a final appeal, which was rejected by the U.S. Supreme Court about 75 minutes before the execution, Faulder's lawyer, Sandra Babcock, turned to a 200-year-old law, the Alien Tort Claims Act, that allows foreign citizens to sue the United States for violations of international law. Ms. Babcock argued that Texas violated the Vienna Convention on Consular Relations' guarantee that citizens arrested abroad be allowed to seek assistance from their consulates.

She also argued that the 22 years Faulder spent on death row were excessive and that his nine prior execution dates resulted in cruel and unusual punishment.

The appeal was rejected without comment, clearing the way for Faulder's death by injection shortly after 6 p.m. His execution was the 14th this year in Texas and the 178th since the death penalty was reinstated in the state in December 1982.

Asked about the international legal aspects of the case, a spokeswoman for Gov. George W. Bush said that was a matter for the courts.

Pressed on the diplomatic nature of the issue, particularly since Bush is a presidential candidate, the spokeswoman said, "Canada is a friend and neighbor of the United States and we hope Canadians understand that Governor Bush has taken an oath to uphold the laws of Texas, including the death penalty."

The Board of Parole and Pardons voted 18-0 on Wednesday to deny Faulder's request for reprieve or commutation of sentence. Bush cannot grant a reprieve without the support of the board, though he could grant a one-time 30-day delay.

Attorney General John Cornyn of Texas defended the execution, noting that "10 different courts and more than 38 judges have reviewed a total of 17 appeals, each time rejecting his appeal and affirming the capital murder conviction."

Faulder was arrested in Colorado in 1977 nearly two years after the stabbing death of Inez Phillips in a July 1975 robbery of her home in Gladewater, Texas. Ms. Phillips was also severely beaten.

The issues regarding Faulder's citizenship did not come to light until 1991, when Ms. Babcock began representing him and contacted the Canadian Consulate in Dallas, which had no record of Faulder. She has argued that the consulate's involvement in the case could have bolstered his defense.

The case also focused attention on questionable practices of the Texas Board of Parole and Pardons. In an appeal that the U.S. Supreme Court denied on Wednesday, Ms. Babcock argued that the clemency process in Texas failed to meet minimum standards of fairness.