His death sentence was only based on the materially unreliable testimony of an eye witness (Mr Mesley) whose testimony came up two years after the crime happened when Mr Mesley saw Medina’s face on TV.

Mesley said that Medina had robbed and injured him and his wife two years ago.

He claimed that he had recognized him, a young hispanic male he 'saw' ten or fifteen feet from a street light and for "around a minute".

Additionally, almost two years elapsed between the extraneous unadjucated offense and the initial confrontation when he saw a broadcast picturing Medina's face.

Knowing the evidence in the guilt / innocence phase was not enough to win a sentence of death and because Mr Medina had no criminal record at all – neither misdemeanors nor felonies – in it’s initial presentation of the punishment phase, the prosecution was reduced to making allegations that Medina:

a) refused to obey the instructions of a principal to leave a elemtary school campus

b) failed to obey a school official to leave an area where other students where

c) that he was counseled because he went upstairs after being told not to do so, and that he

d) ran past a friend or neighbor and allegdly made the statement that he “was going to get a car”

e) was with three others in an automobile that was stolen

The jury refused to vote for the death penalty. When the prosecution learned about the Mesley shooting incident, they seized on it to reopen the punishment phase even after both the defense and the prosecution had rested. Due to this, Medina was awarded the death penalty.

Please send letters to the Mexican President and the Mexican Consul in Texas and urge them to intervene for him. Mention that:

- Mexico has abolished the death penalty and that his death sentence violated the Vienna Convention on Consular Relations, because Medina was not told that he had a right to contact the nearest Mexican consulate for legal advice after his arrest.

- Medina was not a professional drug-trafficker and had no criminal record at all, neither misdemeanors nor felonies, when being accused for murder.

http://www.abolitionnow.de/helpforjavier.htm, http://www.ccadp.org/javiermedina.htm, http://www.petitiononline.com/Javier1/petition.html