Court won't stop execution of Mexican national

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This handout image provided by the Texas Department of Criminal Justice shows Edgar Tamayo. Attorneys for the Mexican national on Texas death row for the slaying of a Houston police officer hoped a civil suit, challenging what they argued is an unfair and secretive clemency process in the nation’s most active capital punishment state would block the inmate’s scheduled execution this week. Tamayo, 46, was set for lethal injection Wednesday evening, Jan. 22, 2014, in Huntsville. (AP Photo/Texas Department of Criminal Justice)


HUNTSVILLE, Texas (AP) — A federal appeals court is refusing to halt the execution of a Mexican national convicted of killing a Houston police officer, despite diplomatic pressure and pleas from the Mexican government.

Edgar Tamayo is scheduled for lethal injection at a Texas prison on Wednesday evening.

The 5th U.S. Circuit Court of Appeals considered an appeal that renewed an earlier contention that Tamayo was mentally impaired and therefore ineligible for execution. But the court said the appeal, which was filed last week, came too late.

Tamayo's attorneys are now taking their appeal to the U.S. Supreme Court. They also are appealing a judge's refusal on Tuesday to stop the Texas parole board from a clemency recommendation in Tamayo's case.

The 46-year-old inmate was convicted in the January 1994 slaying of Guy Gaddis.