The Death Penalty in the OSCE Area
support from the Texas Attorney General, who claimed that the law would save time
and resources due to the fact that all the required analyses must be done upfront.164
In June 2014, the Texas Court of Criminal Appeals ordered a retrial for Jerry
Hartfield, who was sentenced to death in 1977. The conviction was overturned in
1980, but Hartfield has remained imprisoned for more than three decades.165 His
lawyers claim that his right to due process has been violated and also referred to a
statement made by the district attorney who argued that Hartfield failed to present
proof that he wanted a speedy trial.166
On 26 June 2014, the Supreme Court of the State of Florida overturned the
conviction of Paul Hildwin, who was charged with sexual assault and murder
in 1985. The Court ordered a retrial due to new DNA evidence that emerged in
2003 and that showed that DNA samples found on the victim’s underwear did not
belong to Hildwin but to her former boyfriend, who has been serving a sentence for
attempted sexual assault of a child.167
Foreign Nationals
As of 11 April 2014, there were 138 foreign nationals on death row in the United
States.168 The states with the highest numbers of foreign nationals on death row are
California (59), Texas (22) and Florida (21). The majority of foreign nationals on
death row are from Mexico.169
On 22 January 2014, Edgar Arias Tamayo was executed in Texas, despite the
fact that the United States Department of State, the government of Mexico and
international actors, such as the Inter-American Commission on Human Rights,
164 “Law could curb death penalty cases in Texas”, News Journal, 22 August 2013, <http://www.news-journal.com/
news/local/law-could-curb-death-penalty-cases-in-texas/article_7924d503-b863-5a2d-a12c-6c8af53d1ef3.html>.
165 “Another incredible case, courtesy of Texas’ shaky legal system”, Los Angeles Times, 25 June 2014, <http://www.
latimes.com/opinion/opinion-la/la-ol-prison-texas-murderer-no-conviction-20140625-story.html>.
166 “Texas attorneys ask court to free man locked up for decades awaiting retrial”, the Guardian, 14 February
2014,<http://www.theguardian.com/world/2014/feb/14/texas-attorney-court-free-man-locked-up-decades-retrial>.
167 “Florida Court Overturns Death Sentence for 1985 Killing”, New York Times, 26 June 2014, <http://www.
nytimes.com/2014/06/27/us/florida-court-overturns-death-sentence-for-1985-killing.html?_r=2>.
168 “Foreign Nationals and the Death Penalty in the US”, Death Penalty Information Center, 2014, <http://www.
deathpenaltyinfo.org/foreign-nationals-and-death-penalty-us#Reported-DROW>.
169 Ibid.
36
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