Texas still plans to execute killer despite U.N. order
By ALLAN TURNER and ROSANNA RUIZ

CHRONOLOGY

• March 31, 2004: The United Nation's International Court of Justice issued an order that U.S. courts must review the cases of 51 condemned Mexican prisoners. The court ruled the prisoners' rights to speak with Mexican consular officials after their arrests had been violated.

• Feb. 28, 2005 : President Bush directed state courts to abide by the world court's decision. He also asked Texas specifically to review the case of Jose Medellin, now scheduled to die by lethal injection Aug. 5.

• March 25, 2008 : The U.S. Supreme Court ruled that Bush could not compel Texas to review Medellin's case. Chief Justice John Roberts said the president cannot unilaterally carry out an international treaty without concurrence of the legislative branch.

• June 20: The Mexican government made an emergency appeal to the U.N.'s highest court to block the executions of its citizens on death row in the U.S.

• July 16 : The world court ordered the U.S. to halt the five pending executions of Mexican nationals on Texas' death row.


Texas will go ahead with the scheduled Aug. 5 execution of Houston rapist-killer Jose Medellin despite Wednesday's United Nations world court order for a stay, a spokesman for Gov. Rick Perry said.

The U.N.'s International Court of Justice's call for stays in the cases of Medellin and four other Mexican nationals awaiting execution in Texas came in response to a petition filed last month by the Mexican government.

The petition sought to halt executions to allow for review of the killers' cases to determine whether denying them access to the Mexican Consulate after arrest impaired their trial defenses.

The Vienna Convention on Consular Relations stipulates that, upon request, an alien offender's national consulate must be notified of his arrest.

In its order, the world court quotes the Mexican government's argument that "Texas has made clear that unless restrained, it will go forward with the execution without providing Mr. Medellin the mandated review and reconsideration," which will "irreparably" breach the U.S. government's obligations to the court's 2004 order.

The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order. If Medellin and the other nationals are executed without additional court reviews, "Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned."

Perry's office dismissed the argument.

"The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

But international law expert Sarah Cleveland, a professor of human and constitutional rights at New York City's Columbia Law School, said if the U.S. fails to act on the world court order, other countries may follow suit.

"This can only come back to hurt U.S. citizens when they are detained abroad," she wrote in an e-mail. " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

Deadly gang initiation
Medellin, 33, was condemned for the 1993 killings of Jennifer Ertman, 14, and Elizabeth Peña, 16, who stumbled into a drunken midnight gang initiation rite at T.C. Jester Park in northwest Houston.

One of Medellin's accomplices, Derrick O'Brien, was executed in July 2006. Also sentenced to die is gang leader Peter Anthony Cantu. Three other accomplices are serving prison sentences. Medellin was the only non-American involved in the murders.

Wednesday's U.N. court decision in The Hague, Netherlands, was the latest development in an ongoing legal wrangle that has involved President Bush, the U.S. Supreme Court and the Mexican government.

In 2004, the U.N. court ordered a review of the cases of 51 Mexican nationals facing execution in the United States because they had not been allowed to speak with their nation's consular officials.

In February 2005, Bush directed state courts to abide by the U.N. court decision, specifically asking Texas to review Medellin's case.

In March, the U.S. Supreme Court ruled that Bush had overstepped his authority. Chief Justice John Roberts said the president cannot order such court reviews without congressional concurrence.

On Monday, U.S. Rep. Howard Berman, D-Calif., filed a bill providing for such reviews. As of Wednesday, it was in committee.

Weeks after the Supreme Court's ruling, Secretary of State Condoleezza Rice and U.S. Attorney General Michael Mukasey jointly wrote Perry asking for his help in obtaining the reviews.

The United States, they wrote, continues to be bound by the world court's decision under international law.

Girls' fathers adamant
Meanwhile, Randy Ertman, father of Jennifer Ertman, hotly denounced the world court's order for stays.

"The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to hell."

Adolfo Peña, father of Elizabeth Peña, agreed.

"I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."

N.Y. State To Restrict Video Games, Consoles
By K.C. Jones
InformationWeek
Wed Jul 23, 1:35 PM ET


New York State will prohibit sales and rentals of video games without ratings prominently displayed on their covers and it will ban the sale of consoles that lack technology for parental blocking.

New York Gov. David Paterson signed a bill into law on Tuesday that will require the prominent display of ratings and require game consoles sold in New York to have technology that allows parents to block certain games. The law also requires the state to create an advisory council to review video games' voluntary ratings system for accuracy and effectiveness.

The law aims to give the state and parents greater control over violent and inappropriate content, but critics say it goes too far and will curb free speech.

"Read together, these provisions would create a state system regulating how video games are sold and played based on content that the First Amendment protects from regulation," the New York State Civil Liberties Union explained in a statement.

New York Sen. Andrew Lanza, a Republican from Staten Island, introduced the bill. He chairs the Senate Task Force on youth Violence and the Entertainment Industry. Assemblyman Joseph Lentol, a Brooklyn Democrat, drafted the matching bill in the New York State Assembly.

"Many studies have indicated that violent behavior is learned," Lanza said in a statement. "Technology advances have allowed video games to become increasingly more realistic and interactive, and unfortunately more violent. Some games simply aren't appropriate for nine- and ten-year-old children, for example. Children's behavior is far too often shaped by these violent virtual reality video games. It is important that we arm parents with the information needed to shield their children from these corrupting influences."

The NYCLU and the National Coalition Against Censorship fought to kill the legislation.

"New Yorkers do not need the state judging which video games are appropriate and which aren't," NYCLU Executive Director Donna Lieberman, said. "Parents, not government committees, should be responsible for making those judgments. If the legislature wants to reduce youth violence, it should fund educational programs to teach students conflict resolution skills."

In a letter to Gov. Paterson, the two groups said the legislation unconstitutionally restricts video game sales based on a belief that viewing violent images leads to violence. They cited a recent study from the Harvard Medical School Center for Public Health and Media which found little evidence of a causal link between playing violent video games and violent behavior. The groups pointed out that the authors of the study refute research that points to a link, saying it's based on "scanty evidence, inaccurate assumptions and pseudoscience."

"The entertainment industry's current rating system for video games already helps parents make informed decisions," Joan Bertin, NCAC executive director, said. "The system cannot become subject to the government's editorial oversight without violating the First Amendment."

The conservative group, Americans For Tax Reform, also opposed the bill.

LOS ANGELES - In the impoverished neighborhood of South Los Angeles, fast food is the easiest cuisine to find _ and that's a problem for elected officials who see it as an unhealthy source of calories and cholesterol.

The City Council was poised to vote Tuesday on a moratorium on new fast-food restaurants in a swath of the city where a proliferation of such eateries goes hand-in-hand with obesity.

"Our communities have an extreme shortage of quality foods," City Councilman Bernard Parks said.

The aim of the yearlong moratorium, which was approved last week in committee, is to give the city time to try to attract restaurants that serve healthier food.

The California Restaurant Association says the moratorium, which could be extended up to two years, is misguided.

Fast food "is the only industry that wants to be in South LA," said association spokesman Andrew Casana. "Sit-down restaurants don't want to go in. If they did, they'd be there. This moratorium isn't going to help them relocate."

The proposed ban comes at a time when governments of all levels are increasingly viewing menus as a matter of public health. Last Friday, California became the first state in the nation to bar trans fats, which lowers levels of good cholesterol and increases bad cholesterol.

It also comes as the Los Angeles City Council tackles issues beyond safety, schools and streets. The council last week decided to outlaw plastic bags.

Fast-food restaurants have found themselves in the frying pan in a number of cities. Some places, including Carmel-by-the Sea and Calistoga, have barred "formula" restaurants altogether; others have placed a cap on them _ Arcata allows a maximum of nine fast-food eateries; others have prohibited the restaurants in certain areas, such as Port Jefferson, N.Y., in its waterfront area.

Most initiatives were designed to preserve a city's historic character. The Los Angeles bid is one of few that cite residents' health.

The mounting pressure has caused chains to insert healthier food choices in their menus. McDonalds offers salads and low-fat dressings; Burger King stocks Kids Meals with milk and apple pieces.

That's why the restaurant industry says it's unfair to blame them for fat people.

"What's next _ security guards at the door saying 'You're overweight, you can't have a cheeseburger'?" Casana said.

But public health officials say obesity has reached epidemic proportions in low-income areas such as South Los Angeles and diet is the key reason.

According to the Los Angeles County Department of Public Health, 30 percent of adults in South Los Angeles area are obese, compared to 19.1 percent for the metropolitan area and 14.1 percent for the affluent westside. Minorities are particularly affected: 28.7 percent of Latinos and 27.7 percent of blacks are obese, compared to 16.6 percent of whites.

Perry says that's no accident. South LA residents lack healthy food options, including grocery stores, fresh produce markets _ and full-service restaurants with wait staff and food prepared to order.

A report by the Community Health Councils found 73 percent of South L.A. restaurants were fast food, compared to 42 percent in West Los Angeles.

If the moratorium is passed, Perry wants to lure restaurateurs and grocery retailers to area.

Rebeca Torres, a South Los Angeles mother of four, said she would welcome more dining choices, even if she had to pay a little more. "They should have better things for children," she said. "This fast-food really fattens them up."

Don't worry, Pat, you'll be able to come out of the closet eventually.