Humberto Leal

Case details

Name: Humberto Leal Relationship/role: Defendant

Background

Humberto Leal was a Mexican national who had lived in the United States since before the age of two. At the time of Adria Sauceda’s killing, Sauceda was 16 years old.

The offence

On May 20, 1994, sixteen-year-old Adria Sauceda and Humberto Leal were at a party. At some point, an intoxicated but conscious Sauceda was placed in Leal’s car, and Leal got in the vehicle and drove away.

About thirty minutes later, Leal’s brother arrived at the party and yelled that Leal had come home with blood on him saying he had killed a girl. Several of the party members went looking for Sauceda in the same general area where the party was held. They called police after they found her nude body on a dirt road.

The party members noticed that Sauceda’s head had been bashed in and it was bleeding. When police arrived, they saw the nude Sauceda lying on her back. There was a 30- to 40 pound chunk of asphalt lying partially on Sauceda’s left arm. Blood was underneath this rock. A smaller rock with blood on it was located near Sauceda’s right thigh. Sauceda’s head was splattered with blood.

Police found evidence that a bloody and broken stick protruding from Sauceda’s vagina, described as approximately 14 to 16 inches long with a screw at the end. Another 4 to 5 inch piece of the stick was located near the left side of Sauceda’s skull.

A medical examiner testified that Sauceda died from blows to the head. The examiner testified that, based on the injuries to her head, Sauceda would have been struck with the rock two or three times. The medical examiner testified that Sauceda’s neck contained injuries consistent with manual strangulation and that she had three bite marks on her body that matched dental impressions of Leal’s teeth. The medical examiner also testified that the injuries were inconsistent with a fall and that Sauceda would have been aware of what was happening to her when she received injuries.

Leal admitted at his trial that, when he was taking Sauceda from the party, he turned in the opposite direction from the way she had directed him to drive. He testified that when Sauceda attempted to get out of his car, he refused to allow her to do so. He testified that after Sauceda exited his car, he attempted to pull her back, but she began hitting, pushing, and scratching his face. Leal testified that when Sauceda scratched him, he pushed her, felt something wet on the back of her head, shook her in an unsuccessful attempt to wake her, and then fled in fear when he saw bubbles coming out of her nose.

The State’s indictment charged that Leal killed Sauceda while in the course of and attempting either to kidnap her or to commit aggravated sexual assault.

Investigation

After police found Sauceda’s body, they noticed head injuries and bleeding, and observed the asphalt rocks and stick in the locations described. Police made a videotape of the crime scene portions, which were admitted into evidence.

Later that day, police questioned Leal and searched his house. Police seized a blouse belonging to Sauceda that contained several blood stains, hair and fibers. Police confiscated Leal’s clothing from the night of the murder.

Blood and other bodily fluid were found on Leal’s underwear. Police found blood stains on the passenger door and seat of Leal’s car. Police later arrested Leal at his home.

A police officer testified that testing of the interior of Leal’s car indicated the presence of blood in several locations in a manner consistent with someone being seated when the blood was transferred. Detectives testified that the blood stains were streaked in a downward motion, indicating that the blood had been wiped off. The police also conducted Luminol tests of the passenger door to determine whether any blood was evident.

Police evidence included a videotape of parts of the crime scene, the blouse, the clothing, and forensic findings described at trial.

Arrest

Leal was arrested at his home later that afternoon after police questioned him and searched his house.

Trial

Leal was indicted for capital murder, and a jury convicted him of capital murder. After a separate punishment phase, the trial court set Leal’s punishment at death based on the jury’s answers to special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071.

Evidence admitted at trial (guilt phase)

Evidence presented at trial included:

• Leal’s statements to police.
• Forensic findings including the blouse belonging to Sauceda and blood and bodily fluid found on Leal’s underwear.
• Blood stains on the passenger door and seat of Leal’s car.
• Dental evidence matching bite marks found on Sauceda to dental impressions of Leal’s teeth.
• The autopsy findings describing Sauceda’s head injuries, injuries consistent with manual strangulation, bite marks, and injuries consistent with assault using the stick found in Sauceda’s vagina.

Evidence of future dangerousness (punishment phase)

During the punishment phase, the jury learned that two weeks before Sauceda’s murder, Leal sexually assaulted another teenage girl and bit her on the neck. The jury also learned that, following that assault, Leal repeatedly telephoned the girl’s older sister and threatened to have someone kill her if she testified against him. The jury also learned that Leal had a reputation of not being a peaceful and law abiding citizen and that he had a history of intimidating and bullying his fellow students and teachers.

Witness evidence and statements at the party

Witnesses described that Sauceda was apparently intoxicated and partially undressed and that she was taken “on top of her” by multiple men. Witnesses testified that an unidentified male invited him to have intercourse with Sauceda, and that another man carried a disoriented Sauceda to a truck and “had his way with her.”

The trial evidence also included statements by Leal’s brother at the party: “What the hell happened!” “Leal had come home with blood on him saying he had killed a girl.”

Sentencing

A Texas jury sentenced Leal to death in July 1995 for capital murder.

Leal’s conviction and sentence were affirmed by the Texas Court of Criminal Appeals.

Appeals

Direct appeal

State post-conviction proceedings

Leal filed an original application for a state writ of habeas corpus. Later state habeas efforts included filings described in the procedural history list and included requests for DNA testing, which were dismissed or denied at various stages described.

The Texas Court of Criminal Appeals dismissed Leal’s second state habeas application.

Federal habeas corpus proceedings

Leal filed a petition for a federal writ of habeas corpus. His requests and petitions were denied through the federal courts described in the procedural history, including a federal district court denial of habeas relief and denial related to subsequent habeas petitions.

The United States Court of Appeals for the Fifth Circuit affirmed the denial of Leal’s first federal habeas petition.

Certificate of appealability (COA) and merits analysis

Leal petitioned for a Certificate of Appealability (“COA”) from the denial of his petition for federal habeas corpus relief. The Fifth Circuit denied the COA.

The Fifth Circuit addressed ineffective assistance claims limited to:

• failure to adequately investigate and contest the State’s DNA evidence;
• challenge the State’s luminol evidence;
• challenge the State’s evidence regarding bite marks on Sauceda’s body;
• investigate and present the testimony of Leal’s family members; and
• present certain physical evidence.

The Fifth Circuit concluded that reasonable jurists could not debate the district court’s conclusions and denied the COA.

The Fifth Circuit also addressed Leal’s claim that the Texas capital sentencing scheme’s special issues were unconstitutionally vague, and held that reasonable jurists could not find the district court’s resolution debatable.

Outcome

Humberto Leal was executed by lethal injection on Thursday evening, July 7, 2011.

In the events leading up to his execution, Leal apologized for his actions and asked for forgiveness for the victim’s family. Leal made the following statements in the death house: “I’ve hurt a lot of people,” “I know Christ has forgiven me, and I accept his forgiveness. I am sorry for the victim’s family for what I did. May they forgive me. Let’s get this show on the road, Warden.”

Leal also made a final statement: “Viva Mexico,” “Viva Mexico.”

Timeline

• May 20, 1994 — Adria Sauceda was placed in Leal’s car and Leal drove away; police later found Sauceda’s nude body on a dirt road with the described injuries and objects.
• 08/17/94 — A Bexar County grand jury indicted Leal for capital murder.
• 07/11/95 — A Bexar County jury convicted Leal of capital murder.
• 09/17/97 — Leal filed an original application for a state writ of habeas corpus.
• 02/04/98 — Leal’s conviction and sentence were affirmed by the Texas Court of Criminal Appeals.
• 02/22/99 — The Supreme Court denied Leal’s petition for certiorari.
• 10/20/99 — The Texas Court of Criminal Appeals denied state habeas relief.
• 03/14/00 — Leal filed a petition for a federal writ of habeas corpus.
• 10/20/04 — A San Antonio federal district court denied habeas relief.
• 03/24/05 — Leal filed his second state habeas application.
• 10/13/05 — The U.S. Court of Appeals affirmed the denial of Leal’s first federal habeas petition.
• 04/17/06 — The Supreme Court denied Leal’s petition for certiorari.
• 03/07/07 — The Texas Court of Criminal Appeals dismissed Leal’s second state habeas application.
• 03/14/07 — Leal filed his second federal habeas petition.
• 12/17/07 — A San Antonio federal district court dismissed Leal’s second federal habeas petition.
• 03/31/08 — The Supreme Court denied Leal’s petition for certiorari.
• 06/02/08 — Leal filed a motion for DNA testing in the trial court.
• 10/10/08 — The trial court denied Leal’s motion for DNA testing.
• 12/03/08 — The Texas Court of Appeals dismissed appeal of trial court’s denial of DNA testing.
• 11/18/09 — The Texas Court of Criminal Appeals denied appeal of the trial court’s denial of DNA testing.
• 12/01/09 — Leal filed a Section 1983 lawsuit in federal district court.
• 04/21/10 — The federal district court dismissed Leal’s 1983 lawsuit without prejudice.
• 11/08/10 — The Bexar County trial court scheduled Leal’s execution for July 7, 2011.
• 03/28/11 — Leal filed lawsuit challenging the Texas lethal-injection protocol.
• 04/28/11 — The Travis County court dismissed Leal’s lawsuit for want of jurisdiction.
• 05/18/11 — Leal filed a motion to amend his 1983 suit in a San Antonio federal district court.
• 06/07/11 — Leal filed a clemency petition with the Board of Pardons and Paroles.
• 06/10/11 — The Texas Court of Appeals affirmed the Travis County district court’s decision.
• 06/10/11 — Leal filed a motion for an evidentiary hearing in a San Antonio federal district court.
• 06/14/11 — Leal filed a request for a temporary restraining order in federal district court.
• 06/16/11 — Leal filed his third federal habeas petition in U.S. District Court.
• 06/20/11 — Leal’s 1983 suit was dismissed by the federal district court.
• 06/22/11 — U.S. District Court dismissed Leal’s third federal habeas application without prejudice.
• 06/23/11 — Leal filed a second subsequent application for post-conviction writ of habeas corpus.
• 06/27/11 — Leal filed a motion for emergency relief in the Texas Supreme Court.
• 06/27/11 — The Texas Court of Criminal Appeals denied Leal’s application for a post-conviction writ.
• 06/28/11 — Leal filed motions for a stay, a cert petition and a petition for a writ of habeas corpus.
• 06/30/11 — Leal filed appeal of dismissal of his third federal habeas petition.
• 06/30/11 — The Texas Supreme Court denied Leal’s petition for review.
• 06/30/11 — The U.S. Court of Appeals for the Fifth Circuit denied Leal’s motion for stay.
• 07/01/11 — Leal filed a supplemental brief in the U.S. Supreme Court.
• 07/01/11 — Leal filed a petition for certiorari in the U.S. Supreme Court.
• 07/05/11 — The Board of Pardons and Paroles decided not to recommend 180-day reprieve of execution.
• Thursday, July 7, 2011 — Leal was executed by lethal injection after scheduling for an execution after 6 p.m.

Other details

Indictment and procedures described in procedural history

• Leal was indicted by a Bexar County grand jury.
• Leal had multiple habeas applications and requests for DNA testing through state and federal courts described in the procedural history.
• Leal filed a motion for emergency relief in the Texas Supreme Court and also filed motions seeking stays and evidentiary hearings in federal court.

Evidence about the crimes

Police and trial evidence described:

• blood and bodily fluid found on Leal’s underwear;
• Luminol tests on the passenger door;
• Luminol testing results and the officer’s testimony about luminol as a presumptive test;
• bite marks on Sauceda’s body matched to dental impressions of Leal’s teeth.

Statements and requests around execution

• A Texas jury sentenced Leal to death in July 1995 for the capital murder of Adria Sauceda.
• A media advisory described Leal as scheduled for execution after 6 p.m. on Thursday, July 7, 2011.
• The Board of Pardons and Paroles decided not to recommend 180-day reprieve of execution on 07/05/11.

Individuals mentioned in the record

• Adria Sauceda — victim; 16-year-old.
• Leal’s brother — made statements at the party and was referenced in habeas and trial discussions.
• Leal’s mother — Francisca Leal is referenced as comforting by Antonia Mendoza.
• Francisca Leal — Leal’s mother.
• Antonia Mendoza — identified herself as Leal’s “second aunt.”
• Preston Parsley — traveled to protest execution.
• Leal’s sister Mary Angel Tello — wept during the process and vomited inside the Walls Unit.
• Jaime Sanchez — Leal’s uncle.
• Victoria Nuland — State Department spokeswoman.
• Navi Pillay — U.N. High Commissioner for Human Rights.
• Rick Perry — Governor of Texas.
• Brandon Scott — reporter name included in the record.
• Vincent D. Callahan and Jose M. Guerrero — attorneys who represented Leal at trial.
• Katherine Cesinger — spokeswoman referenced in defense of Texas’s execution.
• Humberto Leal, Sr. — referred to in habeas as Leal’s father for proposed testimony.
• Maria Francesca Garcia de Leal — referred to in habeas as Leal’s mother for proposed testimony.
• Gaulberto — referred to in habeas as Leal’s brother for proposed testimony.
• Nancy Leal Sanchez — referred to in habeas as Leal’s sister for proposed testimony.
• Dr. DiMaio — medical examiner who performed the autopsy.
• Dr. Jose Aguirre — consulted dentist about bite-mark evidence.
• Dr. Tryon — DNA expert who testified in habeas proceedings.

Constitutional and treaty issues mentioned in proceedings

Leal’s petitions raised issues involving the Vienna Convention on Consular Relations, Case Concerning Avena and other Mexican Nationals, and related arguments about consular access and proposed implementing legislation. The Supreme Court denied a stay and denied the petition for writ of habeas corpus described in the record.