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State Supreme Court Denies Pedraza Motion in Capital Murder Case

March 14th, 2013 by

Daniel Pedraza, a Drew County man facing a capitol murder trial with a possible death sentence asked the Arkansas Supreme Court t grant his petition of Writ for Certiorari, in an effort to get a continuance to for his attorney to prepare for his upcoming case.

Drew County Circuit Judge Bynum Gibson had set the trial for last October, following the February deatth of Pedraza’s 2 year old stepdaughter, Aubriana Coke.  That was set aside when Pedraza’s lawyer filed a petition of certiorari in early October, postponing the jury trial until the Supreme Court decided if they were going hear the case.  Last month they listened to facts of the case, and then denied Pedraza’s petition, earlier this week.

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State Supreme Court & Mexican Consulate Intervene in Drew County Infant’s Capital Murder Case
October 15, 2012

The Arkansas Supreme Court has a accepted a petition of Writ for Certiorari and granted a stay in the capital murder jury trial set to begin next Monday for Daniel Pedraza, for the February death of his 18 month old step-daughter.

The Supreme Court also granted a motion of the United Mexican States consulate for leave to file a brief as Amicus Curiae support of Pedraza.

The Mexican consulate became involved in the case because Daniel Pedraza Munoz is a Mexican national in custody in a case where Arkansas is seeking the death penalty.   Mexico has a vital stake in ensuring that all of it’s nationals abroad received the protections to which they are entitled in both international and domestic law.

Concular assistance is the primary means by which Mexico carries out this responsibility.

While Mexican consulates and their appointed legal representatives provide services in a wide range of cases, it is more vital when a criminal defendant is facing the death penalty.

In cases in which Mexican citizens face capital charges the consulars concern is to ensure that each national receives a fully adequate defense from competent legal counsel in order to provide this function.  Mexico’s appointed representatives are allowed to assist if defense counsel to make representations to the judicial authorities and to monitor ongoing legal proceedings.

The Mexican Consulate is represented in this case by John Wesley Hall of Little Rock

20 Responses to “State Supreme Court Denies Pedraza Motion in Capital Murder Case”

  1. Lila says:

    Well isn’t that touching. Where were they when the baby was murdered? Not really interested in the baby’s rights I guess.

  2. Di H. says:

    This is ridiculous. He is in America….he should face American law. He is in the U.S. Natl. Guard…..hello he is American. He killed a child period. I say that Mexico needs to step back and let him take his punishment. Its ok for them to allow their citizens to come here and take from our country but as soon as they are about to face some consequences for their actions while in our country then by all meant allow us to step in and claim our citizens. Mind your business Mexico and let this man go to court. He killed a baby…..let him face the consequences.

  3. Nancy says:

    Why? He has to follow the law just like everybody else, just because he’s a mexican are they saying he’s not getting treated like he should? He killed a little girl! Hang him up!

  4. Dragonheart says:

    Well we can all agree this is BS! He came to our country and committed a crime. Now he darn better do the time or save us taxpayers a lot of money and execute his sorry ***!

  5. Concerned citizen says:

    They are so hard on him, did they forget the mother?! She need to be brought to justice as well!

  6. Nick says:

    And this my friends is exactly what’s wrong with this country. You steal, you lose a hand, you steal again, you lose the other one. You murder someone, you lose your life within a few days. Start doing these things and we WILL NOT have these problems. People would think twice.

  7. doc says:

    Nobody kept the baby from getting the death peanalty in a very slow and agonizing death. Hang him high!!! Momma too.

  8. DC class 1990 says:

    I think Di H summed up my feelings very well

  9. Great State of Texas says:

    Bring to Texas, he’d be a dead man walking. That Mexican Consulate stuff doesn’t work.

  10. Emily says:

    As a parent myself I cannot imagine a crime like this one. Anyone who is cold blooded enough to kill a young child who can’t defend itself should be put to death and in my opinion, I think that he should be put to death in the manner in which he inflicted death on that poor innocent child! No Mexican Consulate stepped in to keep that child from dieng, so why are we to allow them to step in and defend this peice of ****?? I am outraged, he does not deserve to live after what he did! We need to make a prime example out of him in our state and town, you do not mess with children here!!! Protect our Children!!!

  11. Bertha Mae says:

    Doesn’t mean he’ll get off. This will insure that he gets a fair trial the first time and not have re-trial. That’s a GOOD thing.

  12. tax payer says:

    I say let the Mexican government hire what ever lawyer they want to defend him. Put him to death. Then remember the Justice that granted the writ of certiorari the next election.

  13. retired Officer says:

    Remember we are a civilized people, In America you are innocent until proven guilty

  14. Arkymom2012 says:

    Is his last name Munoz as well as Pedraza? So sad what they done to this little angel, I don’t know why some choose to hurt/kill them instead of giving them to someone who wants them.. But God’s got her now and she will never hurt again,

  15. Agree with retired officer says:

    Everyone whether black, white, Hispanic, Indian, or whatever nationality, we ALL deserve a fair trial. And are innocent until proven guilty!!

  16. takeaminutetothink says:

    It’s easy to sit back and say that giving the Mexican government and opportunity to protect their citizen is a farce. However, if you were in another country and accused of a crime, whether you committed it or not, would you not want the USA to look out for you? It’s a 2-way street my friends…

  17. JOEJOE says:

    This brings up a good topic that not many people pay attention to. The supreme court stepped in on this deal. I’m looking at this case as a reflection of this countries current state. If i remember right, the “system” either did not or could not (legally) protect this child. Seems like i remember that some family members had no success when they appealed to the state years ago on this childs behalf. So as the old saying goes, the legal system protects the criminals. This is IMPORTANT…there is a chance that within the next four years there will be two supreme court seats open (the justices sit for life or resign). The President of the US appoints these judges…and again, once appointed they sit for life! It’s your business who you vote for, but keep in mind that you vote for one man, but his authority and influence goes much, much deeper and in the case of the supreme court, can last a lifetime. Your presidential vote can potentially set the course for American justice for many years to come.

    As for this case in particular though, lets not forget that our time here on earth is nothing in the big scheme of things. Regardless of the outcome of this trial, lets hope Mr Pedraza makes things right with the Lord.

  18. Karie says:

    Wow… remember the judge at election? Really? For upholding the constitution? You see, the judge cannot let his feelings dictate his rulings. He has to follow the law, or his judgment can be overturned by a higher court who is willing to follow the law. So yes, please remember that at election.

    I like your comments, retired police officer. In several threads I see you as the voice of reason. And indeed — innocent until proven guilty. There’s a reason for that law. I cringe at some of you who spew vile hatred. It is an ugly reflection.

    Incidentally, the death penalty costs perhaps ten times as much as life imprisonment. Look it up if you don’t believe me. I did the research for my degree. Oh, in addition, it is proven that it isn’t a deterrent to others. It’s merely revenge (and in my way of thinking, state-sanctioned murder). In fact, murder rates are higher in states with the death penalty. Kinda blows deterrence out of the water…

    I could also cite facts on bias and error but I am getting off topic. Fact of the matter is, my heart bleeds for that little girl. How awful to die and to live that way. It makes me very angry.

    We must do more to prevent monsters from harming children. I firmly believe “whatever you do unto the least of these you do also unto me.”

    That said, we can’t hang this guy and say for sure what happened unless we were there. Let’s wait and see what comes out. Then, if he did it, let’s put him where he can’t ever hurt anyone again.

    Doesn’t that sound more reasonable? Or is it just me?

  19. Debbie says:

    Wonder what they would do if he was in Mexico and killed his child?

  20. becky says:

    Hopefully the legal system will be able to make the right decisions concerning this case the baby deserves the right choices from the citizens

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