High court ruling may affect state’s foreign inmates on death row

Monday, Dec. 13, 2004 | 10:59 a.m.

CARSON CITY -- Nevada is among the states that have numerous citizens of other countries slated for execution, so people within or connected to the justice system here are mulling over the U.S. Supreme Court's decision to take up the matter.

A noted Nevada defense lawyer said the issue of the rights of foreign nationals, accused in death penalty cases, has been raised in past appeals but has never been successful.

Michael Pescetta, deputy federal public defender who is an expert on death penalty cases, said Friday the issue has been pursued on appeal in the past but we have "gotten nothing but the straight-arm."

On Friday, the nation's highest court agreed to consider the appeal of Mexican national Jose Medellin, who is on death row in Texas in a case where the legal rights of a foreigner is at issue.

There are some foreign nationals on death row in Nevada but it is not clear how many are still citizens of foreign countries.

Pescetta said a foreign citizen arrested in a murder case should be told of his or her right to contact his country's consulate to seek help if so desired. Or law enforcement should notify the consulate that the person is in custody so officials there can decide if they want to assist the accused with provision of a lawyer or an interpreter or other help.

Avram Nika, 34, would fall into this category.

Nika was a citizen of the former country of Romania and was traveling to Chicago to catch a plane to be with his sick mother in 1994. The car broke down about 20 miles east of Reno. Edward Smith of Fallon stopped to help Nika. They got in an argument and Nika hit Smith with a crowbar and shot him in the head. He was sentenced to death.

Jose L. Echavarria's case may also be affected by the Supreme Court's decision. Born in Cuba, Echavarria was convicted of killing off-duty FBI Agent John Bailey during a bank robbery in 1990 in Las Vegas and was sentenced to death.

Carlos Gutierrez, 34, is another Nevada death row inmate whose case may fall under the same category. He was sentenced to death for the torture killing of his 3-year-old stepdaughter in Reno in 1994.

Another inmate who may be affected by the eventual Supreme Court ruling is Siaosi Vanisi, a Tongan, who was sentenced to death for the murder a police officer at the University of Nevada-Reno in 1998.

Fernando Hernandez, 42, may also be able to establish foreign citizenship. He was sentenced to death for the strangulation-stabbing of his ex-wife, Donna, in October 1999 in Las Vegas

All of the cases are presently on appeal in one stage or another.

The International Court of Justice at The Hague ruled earlier this year that the United Sates should review death penalty cases of 51 Mexicans whose rights to contact their consular were violated. It said the principle should apply to all foreigners sentenced to death.