Return to Transcripts main page

CNN Sunday Morning

Garza Scheduled for Execution Tuesday

Aired June 17, 2001 - 08:09   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Unless the U.S. Supreme Court steps in, Mexican-born Juan Raul Garza is scheduled for federal execution on Tuesday. He's a drug smuggler convicted of murder, but his attorney has filed two appeals.

Our report now from CNN's senior Washington correspondent Charles Bierbauer.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: He'd be nailed somewhere in this particular spot, nailed down with his feet, legs crossed and he had been shot, gun to the head.

CHARLES BIERBAUER, CNN SENIOR WASHINGTON CORRESPONDENT (voice- over): Three Texas murders were tied to drug trafficking. Juan Raul Garza was sentenced to die under the Federal Drug Kingpin Act. Garza's guilt is not at issue.

JUAN RAUL GARZA: I chose the wrong path and I made some big mistakes, which I regret.

BIERBAUER: Garza appealed for clemency to President Clinton, who granted a reprieve pending a Justice Department study of racial disparity in death penalty cases. Of 20 federal death row prisoners now in Terre Haute, Garza is one of three Hispanics. Fourteen inmates are black, three white. The Justice Department this month concluded...

JOHN ASHCROFT, U.S. ATTORNEY GENERAL: There is no indication that in the federal death penalty system there is any prejudice on the basis of race or bias on the basis of race.

BIERBAUER: The attorney general cited different statistics to show the percentage of whites whose crimes are eligible for the death penalty and for whom the death penalty is sought is higher than the comparable percentage of minorities. In Brownsville, Texas, Garza's victims were also Hispanic.

UNIDENTIFIED MALE: I don't think race in this particular case has to do anything with it.

BIERBAUER: Garza's bias claim rests with President Bush, who inherited the clemency appeal. UNIDENTIFIED MALE: I'm hopeful that because of all the pressure he has received in Europe and around the world that he will not want to violate international agreements and go forward with the execution of Mr. Garza.

BIERBAUER: One of Garza's two Supreme Court appeals contends prosecutors violated the Organization of American States charter by introducing four uncharged murders in Mexico at Garza's sentencing phase. The second, and perhaps stronger appeal, argues the jury was not clearly instructed it could sentence Garza to life without parole.

(on camera): For Garza to win that point, the Supreme Court must stay Tuesday's execution and find a retroactive provision in the 1996 law limiting death row appeals that would, in this case, allow Garza an extra appeal.

Charles Bierbauer, CNN, Washington.

(END VIDEOTAPE)

BRIAN NELSON, CNN ANCHOR: In the meantime, the family of Juan Raul Garza has also made a passionate appeal for his life. Garza is the father of two children.

(BEGIN VIDEO CLIP)

ELIZABETH ANN GARZA, DAUGHTER OF JUAN GARZA: My dad won't do anything bad again. I know he won't do anything because I know he learned his lesson. So give him one more chance, please. Please.

(END VIDEO CLIP)

NELSON: As we said, there are two appeals before the U.S. Supreme Court to stop the Garza execution. That execution is now set for Tuesday.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com