Foreign Nationals

Case Outcomes of Foreign Nationals

As of January 30, 2022

Information provided by Mark Warren of Human Rights Research

Foreign Nationals Released on Grounds of Innocence

NameVCCR ClaimNationalityStateDateConsular Intervention
Roberto Miranda Cuba Nevada Sep-96 NO
Ricardo Aldape Guerra # Mexico Texas Apr-97 YES
Joaquin Martinez (acquitted after retrial) # Spain Florida Jun-01 YES
Michael BlairThailandTexasAug-08?
Gabriel Solache # Mexico Illinois Dec-17 YES
Vicente Benavides Figueroa # Mexico California Apr-18 YES
Clemente Aguirre Jarquin Honduras Florida Nov-18 YES

Executive Clemency for Death-Sentenced Foreign Nationals

NameVCCR ClaimNationalityStateDateStatusConsular Intervention
Gerardo Valdez Maltos # Mexico Oklahoma Jun. 16, 2001 30-day reprieve YES
Gerardo Valdez Maltos # Mexico Oklahoma Aug. 17, 2001 30-day reprieve (death sentence vacated on appeal) YES
Osbaldo Torres Aguilera # Mexico Oklahoma May 13, 2004 Life without parole YES
Hung Thanh Le # Vietnam Oklahoma Feb. 25, 2004 30-day reprieve (later executed) YES
Juan Alonso Caballero Hernandez # Mexico Illinois Jan. 11, 2003 Life without parole YES
Gabriel Solache Romero # Mexico Illinois Jan. 11, 2003 Life without parole YES
Mario Flores Urban # Mexico Illinois Jan. 11, 2003 40 years (since released and deported; possibly innocent) YES
Evan Griffith # Belize Illinois Jan. 11, 2003 Life without parole ?
Gregory Madej # Poland Illinois Jan. 11, 2003 Life without parole YES
Oswaldo Regalado Soriano # Mexico Texas Jun. 22, 2005 Juvenile death sentence reduced to life imprisonment, under Roper v. Simmons YES
Abelardo Arboleda Ortiz # Colombia Federal Jan. 17, 2017 Federal death sentence commuted to life without parole YES
Ivan Teleguz # Ukraine Virginia Apr. 20, 2017 Life imprisonment ?
Horacio Alberto Reyes Camarena#MexicoOregonDec. 13, 2022Commuted to life without paroleYES
Ricardo Serrano PiñedaMexicoOregonDec. 13, 2022Commuted to life without paroleYES

Noteworthy Court Decisions

NameNationalityStateDateStatusConsular Intervention
Jesus Rodriguez Jimenez Mexico Arizona Arizona Supreme Court, 8/7/1990 Death sentence reduced to life imprisonment without possibility of parole for 35 years, for state’s failure to establish ‘especially cruel’ aggravating factor YES
Francisco Cardenas Arreola Mexico Texas Texas Court of Criminal Appeals, 6/1993 Death sentence reversed on appeal; resentenced to life imprisonment YES
Aurelio Barajas Mexico Idaho Agreement with prosecutor, 1995 Death sentence vacated due to incompetence to stand trial; negotiated life sentence YES
Gonzalo Marquez Marquez Mexico California California Supreme Court, 1/23/2002 Death sentence vacated for ineffective assistance of counsel (failure to conduct thorough mitigation investigation in Mexico). Resentenced to life imprisonment YES
Bernardino Zuniga Zuniga Mexico North Carolina N. Carolina Supreme Court, 5/8/1998 Death sentence vacated for intellectual disability mitigating factor; serving life sentence YES
Gerardo Valdez Maltos Mexico Oklahoma Court of Criminal Appeals, 5/1/2002 Sentence vacated for ineffective assistance; later resentenced to life YES
Kwan Fai Mak Hong Kong Washington Trial court, 4/30/2002; 5/20/2002 Sentence vacated for ineffective assistance and due process violations; 13 LIFE SENTENCES ?
Gregory Madej Poland Illinois Federal District Court, 3/10/2002 Sentence vacated for ineffective assistance; NEW SENTENCING HEARING ORDERED (later commuted) YES
Julio Mora Spain Florida State Supreme Court 1/25/2002; Trial court 9/4/2002 Sentence reversed due to erroneous application of Koon v. Dugger; LIFE SENTENCE YES
Hector Barrow Guyana Delaware Superior Court, 1/4/2002 Sentence reversed for Confrontation Clause violation; LIFE SENTENCE after new penalty hearing ?
Krishna Maharaj United Kingdom Florida Trial court, 3/27/2002 New penalty hearing; LIFE SENTENCE YES
Ramon Martinez Villareal Mexico Arizona

Superior Court, 09/20/2002

Death sentence VACATED, due to intellectual disability YES
Toribio Rodriguez Rodriguez Mexico Arizona Trial court, 1/28/2003 Conviction reversed on appeal; mistrial; 25 years to life, in exchange for guilty plea YES
Gerardo Valdez Maltos Mexico Oklahoma Agreement with Prosecutor, 11/16/2003 Plea agreement to avoid re-sentencing hearing; LIFE SENTENCE YES
Kajornsak Prasertphong Thailand Arizona Arizona Supreme Court, 9/15/2003 Death sentence VACATED under Ring v. Arizona, remanded for new sentencing hearing (re-sentenced to life) ?
Osbaldo Torres Aguilera Mexico Oklahoma Court of Criminal Appeals, 5/13/2004 Stay of execution, evidentiary hearing on: Vienna Convention claim; ineffective assistance (sentence also commuted) YES
Jose Jacobo Amaya Ruiz El Salvador Arizona Superior Court, 7/9/2004 Sentence vacated due to intellectual disability; LIFE SENTENCE imposed (parole eligible after 25 years) YES
Raphael Camargo Ojeda Mexico Arkansas federal district court, 8/12/2004 Prosecution stipulated to intellectual disability in exchange for waiver of further appeals, based on Vienna Convention claim. Negotiated LIFE SENTENCE. YES
Gilberto Martinez Cuba Oklahoma Trial court, 8/24/2004 Prosecution stipulated to intellectual disability in exchange for waiver of further appeals. Negotiated LIFE SENTENCE. ?
Kenneth Richey United Kingdom Ohio Sixth Circuit, 1/25/2005 Conviction and sentence REVERSED on appeal; sentence REINSTATED on appeal by U.S. Supreme Court (11/28/5), for further review by lower courts of procedural obstacles to relief YES
Osbaldo Torres Aguilera Mexico Oklahoma Court of Criminal Appeals, 9/6/2005 affirming trial court finding of prejudice for consular rights violation and commutation to LIFE SENTENCE YES
Peter Sakarias Estonia California California Supreme Court, 3/3/2005 Death sentence vacated due to prosecutorial misconduct (arguing conflicting theories in co-defendant case) ?
Tonatihu Aguilar Saucedo Mexico Arizona Maricopa County Superior Court Juvenile death sentence reduced to life, under Roper v. Simmons YES
Martín Raúl Fong Soto Mexico Arizona Pima County Superior Court, 2/21/2006 Juvenile death sentence reduced to life, under Roper v. Simmons YES
Lynford Blackwood Jamaica Florida Florida Supreme Court, 10/12/2006 Death sentence reversed on appeal due to ineffective assistance of trial counsel (failure to develop and present mental health mitigation evidence). Re-sentenced to LIFE IMPRISONMENT, 4/20/2007 ?
Isidro Marquez Burrola Mexico Oklahoma Court of Criminal Appeals, 4/17/2007 Death sentence modified to LIFE WITHOUT PAROLE due to ineffective assistance, where trial counsel failed to seek court funding for mitigation investigation and refused assistance offered by Mexican government through Mexican Capital Legal Assistance Program (MCLAP). YES
Jesús Álvarez García Mexico Illinois Trial court, 3/9/2007 Death sentence vacated and resentenced to natural life YES
Kenneth Richey United Kingdom Ohio Agreement with prosecutor, entered 12/20/2007 Death sentence and conviction reversed on appeal; plea bargain whereby Richey was RELEASED in exchange for time served and entry of no contest plea to charge of involuntary manslaughter. YES
Daniel Angel Plata Mexico Texas Court of Criminal Appeals, 1/16/2008 Death sentence reduced to LIFE IMPRISONMENT on grounds of intellectual disability. YES
Constantino Carrera Montenegro Mexico California U.S. District Court, 3/13/2008 Death sentence set aside due to prosecutorial misconduct. Resentenced in 2015 to consecutive terms of 25 years to life. YES
Michael Blair Thailand Texas 366th District Court, 5/23/2008 Recommended REVERSAL of death sentence and conviction, after prosecution conceded that key forensic evidence has been disproved by new DNA testing. Charge dismissed in August 2008 ?
Rudi Apelt Germany Arizona Maricopa County Superior Court, 5/21/2009 Death sentence reversed on grounds of intellectual disability, resentenced to life. YES
Hector Juan Ayala Mexico California Ninth Circuit, 8/20/2012 Conviction reversed for discriminatory jury selection; on appeal, the US Supreme Court REINSTATED the conviction in 2015 (Davis v. Ayala) YES
Dieter Riechmann Germany Florida Florida Circuit Court, 3/19/2010 Death sentence reduced to LIFE IMPRISONMENT, following reversal on appeal and remand for new sentencing hearing YES
Manuel Ortiz El Salvador Louisiana Louisiana 24th District Court, 8/19/2011 Death sentence reduced to LIFE IMPRISONMENT, for prosecutorial misconduct (death sentence later reinstated; see below) YES
Erickson Dimas Martinez El Salvador Arkansas Arkansas Supreme Court, 12/8/2011 NEW TRIAL ordered for juror misconduct (later resentenced to LWOP) YES
Abdul Awkal Lebanon Ohio Ohio Supreme Court, 6/18/2012 INDEFINITE STAY of execution, on grounds of mental incompetence ?
Miguel Angel Bacigalupo Peru California California Supreme Court, 8/27/2012 Death sentence reversed for prosecutorial misconduct YES
Carlos Perez Gutierrez Mexico Nevada Nevada Supreme Court, 9/19/2012 Remanded for evidentiary hearing to determine prejudice resulting from denial of consular notification rights YES
Manuel Ortiz El Salvador Louisiana Louisiana Supreme Court, 1/29/2013 Death sentence REINSTATED YES
Virgilio Maldonado Rodriguez Mexico Texas Texas Court of Criminal Appeals, 5/22/2013 Death sentence reduced to LIFE IMPRISONMENT, on grounds of intellectual disability YES
Joaquin ArevaloEl SalvadorFloridaTrial Court
09/2013
Death sentence reversed for ineffective assistance of counsel; resentenced to life with parole (03/2014)

YES

Cam LyVietnamPennsylvaniaCourt of Common Pleas, 12/12/2013Resentenced to life

?

Bernardo Aban Tercero Nicaragua Texas Texas Court of Criminal Appeals, 8/25/2015 Execution STAYED and case remanded to address claim that key prosecution witness gave false testimony at trial YES
Michael Apelt Germany Arizona U.S. District Court, 12/1/2015 Death sentence reversed for ineffective assistance at penalty phase; (reversed on appeal by Ninth Circuit, 12/28/2017) YES
Hector Garcia Torres Mexico Texas Texas Court of Criminal Appeals 12/16/2015; resentenced 2/4/2016 Death sentence reversed for ineffective assistance; resentenced on a plea agreement to LIFE IMPRISONMENT with parole eligibility. YES
Pablo Ibar Spain Florida Florida Supreme Court, 2/4/2016 Conviction overturned for ineffective assistance, in light of the ‘scant evidence’ connecting Ibar to the murder. YES
Daniel Covarrubias Sanchez Mexico California California Supreme Court, 9/8/2016 Sentence reversed and remanded for new penalty hearing, due to jury selection error YES
Thao Tan LamVietnamLouisianaLouisiana Supreme CourtNEW TRIAL ordered for inadequate interpretation; resentenced to 50 year term (02/2019)
Clemente Aguirre Jarquin Honduras Florida Florida Supreme Court, 10/27/2016 NEW TRIAL ordered based on newly-discovered evidence of actual innocence YES
Daniel Covarrubias Sanchez Mexico California California Supreme Court, 9/8/2016 Death sentence REVERSED for improper jury selection; subsequently resentenced to LWOP after prosecutor opted not to seek death penalty YES
Lancelot Uriley Armstrong Jamaica Florida Florida Supreme Court, 1/19/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing ?
Tai Pham Vietnam Florida Trial court, 3/22/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered ?
Dolan Darling Bahamas Florida Trial court, 3/29/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered ?
Dane Abdool Trinidad Florida Florida Supreme Court, 4/16/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing ?
Pedro Hernandez-Alberto Mexico Florida Trial court, 5/9/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered YES
Noel Doorbal Trinidad Florida Florida Supreme Court, 9/20/2017 Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing ?
Hector Medina RomeroEl SalvadorTexasCourt of Criminal Appeals, 10/04/2017Death sentence reversed for ineffective assistance of counsel; resentenced to LWOP (07/13/2020)
Ana Maria CardonaCubaFloridaTrial court
12/14/2017
RESENTENCED to life imprisonment after retrial, following reversal for improper prosecutorial argument?
Tauno Waidla Estonia California U.S. District Court for the Central District of California, 12/23/2017 Death sentence REVERSED for ineffective assistance of counsel for failing to investigate and present mitigating evidence YES
Vicente Benavides Figueroa Mexico California California Supreme Court, 3/12/2018 Conviction and death sentence REVERSED for introduction of false forensic evidence at trial YES
Jose Echavarria Cuba Nevada Ninth Circuit, 7/25/2018 Conviction and death sentence reversal AFFIRMED, on grounds of potential judicial bias under Tumey v. Ohio ?
Pedro Hernandez Alberto Mexico Florida Trial court, 8/31/2018 RESENTENCED to 2 concurrent life sentences, following reversal under Hurst v. State YES
Clemente Aguirre Jarquin Honduras Florida Trial court,11/5/2018 Prosecution DROPPED all charges, following new evidence that further undermined case for retrial YES
Michael Apelt Germany Arizona Ninth Circuit, 10/12/2018 Appeal of death sentence reversal DENIED en banc, over 3 dissenting votes YES
Lam Luong Vietnam Alabama Trial court, 10/15/2018 RESENTENCED to life without parole following joint state and defense submission, on grounds of intellectual disability ?
Ahmad Fawzi IssaJordanOhioSixth Circuit, 8/21/2018Conviction VACATED due to inadmissible testimony used at trial, under Ohio v. Roberts?
Dora Gudiño Zamudio (Dora Buenrostro)MexicoCaliforniaCalifornia Supreme Court, 12/3/2018Death sentence REVERSED for jury selection error under Witherspoon, remanded for new penalty hearingYES
Pablo IbarSpainFloridaTrial court, 05/22/2019RESENTENCED to life imprisonment after retrial.YES
Avram Vineto NikaSerbiaNevadaU.S. District Court, 6/12/2019Death sentence REVERSED for trial counsel’s failure to obtain consular assistance in gathering mitigating evidenceYES
Dora Gudiño Zamudio (Dora Buenrostro)MexicoCaliforniaCalifornia Superior Court, 8/1/2019RESENTENCED to life without parole, after prosecution elected not to seek death penaltyYES

Carlos Avena Guillen

MexicoCaliforniaNinth Circuit, 8/8/2019Death sentence REVERSED for trial counsel’s failure to develop and present mitigating evidenceYES
Joel Randu Escalante OrozcoMexicoArizonaSuperior Court, 9/27/2019RESENTENCED to life imprisonment by sentencing agreement, following remand under Lynch v. ArizonaYES
Cesar Roberto Fierro ReynaMexicoTexasCourt of Criminal Appeals, 12/18/2019Death sentence VACATED under Penry v. Lynaugh, for jury’s inability to properly consider mitigating evidenceYES
Cesar Roberto Fierro ReynaMexicoTexasImmigration Court, 5/13/2020Removal order issued (deported to Mexico on 5/14/2020)YES
Carlos Avena GuillenMexicoCaliforniaSuperior Court, 6/26/2020RESENTENCED to life without parole, after prosecution elected not to seek new death sentenceYES
Juan Lizcano RuizMexicoTexasCourt of Criminal Appeals, 9/16/2020RESENTENCED to life without parole, on grounds of intellectual disabilityYES
Gilmar Alexander GuevarraEl SalvadorTexasCourt of Criminal Appeals, 9/23/2020RESENTENCED to life with parole eligibility after 40 years on grounds of intellectual disabilityYES
Carlos Perez GutierrezMexicoNevada

Nevada Supreme Court, 12/04/2020

Death sentence reversal AFFIRMED, due to consular rights violation resulting in ineffective assistance of counselYES
Areli Escobar CarbajalMexicoTexasTrial court 12/31/2020New trial recommended due to unreliable DNA testingYES
Areli Escobar CarbajalMexicoTexasCourt of Criminal Appeals,
01/26/2022
Rejecting recommendation for new trialYES
Alfredo Valdéz ReyesMexicoCaliforniaSuperior Court 09/28/2022Death sentence vacated as excessive, RESENTENCED to life without paroleYES
Areli Escobar CarbajalMexico TexasU.S. Supreme Court 01/09/2023Remanded for reconsideration “for further consideration in light of the confession of error by Texas,”YES
Carlos Perez GutierrezMexicoNevadaTrial court
01/30/2023
Withdrawal of intent to seek death penalty, in exchange for waiver of jury resentencing
YES

Case Totals by Final Outcome

OutcomeTotal
Exonerated

7

Sentence Reduced

65

Commuted

10

Intellectual disability

11

Ineffective assistance

12

Prosecutorial misconduct

5

Juvenile 3
Mentally incompetent 2
Jury instruction2
Jury selection

2

Vacated under Ring v. Arizona

1

Other 17
Conviction Vacated, No New Death Sentence

7

Ineffective assistance 1
Juror misconduct 1
Inadequate interpreter1
Other 4
Deceased 45
Executed 34
Died awaiting final case disposition

11

Awaiting Retrial or Resentencing

7

Still Under Active Death Sentence 101
Total Known Cases 232

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