To: long-gone who wrote (56339 ) 7/17/2000 12:57:56 PM From: Rarebird Respond to of 116815 *OT* Federal death penalty questioned Monday, July 17, 2000 11:09 AM EDT HOUSTON, July 17 (UPI) -- An international human rights commission has raised questions about the federal case of a convicted Texas drug smuggler whose execution was postponed by President Clinton. Juan Raul Garza's execution was stayed by the president to permit a Justice Department review of the clemency process in federal death penalty cases, but the Inter-American Human Rights Commission has been pushing for postponement for another reason. The panel is concerned about new allegations that federal prosecutors breached an international agreement in securing the death penalty against Garza by using testimony about killings for which the defendant had never been charged, the Houston Chronicle reported Monday. Garza was convicted of operating a continuing criminal enterprise, trafficking and being involved in three executions as he ran a drug smuggling operation for 10 years on the Texas-Mexico border. It was the violent nature of the organization that led prosecutors to seek the death penalty, said Assistant U.S. Attorney Mark Patterson. "Brownsville was viewed as a weak spot among outlaws," He told the Chronicle. "This case sent a message that law enforcement was for real in Brownsville." In the penalty phase of the trial, prosecutors relied heavily on testimony that Garza was involved in the killings of five other drug rivals, including four in Mexico. Garza attorney Gregory Wiercioch said testimony about the other slayings should not have been permitted. He said an international covenant prohibits prosecutors from relying on evidence about unadjudicated crimes at trial. Wiercioch has filed a complaint with the international commission based on his allegations. (c) 2000 UPI All rights reserved. -0- Copyright 2000 by United Press International.