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Lopez v. State

An alleged violation of the Vienna Convention did not require exclusion of defendant's custodial statement.

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Eleazar Lopez appeals his conviction for malice murder in connection with the fatal bludgeoning and stabbing of Juan Alvarez-Crispin.1 Lopez challenges the conviction on the bases that he was not properly and adequately advised of his consular rights pursuant to Article 36 of the Vienna Convention;2 that he was denied his constitutional right to testify at trial; and that he did not receive effective assistance of trial counsel. Finding the challenges to be without merit, we affirm.

On October 9, 1999, at approximately 10:05 p.m., the Madison County Sheriff’s Department received a report of a man covered with blood walking in the roadway near a mobile home park. When deputies first arrived on the scene they did not see anyone, but they then received a dispatch that the man had gone to Lot 16. A Hispanic male, later identified as Lopez, rode a bicycle down a nearby hill and briefly spoke with the deputies. They then saw what appeared to be blood in the yard and on the door of the mobile home on Lot 16. They knocked on the door but got no response. The deputies identified themselves and then entered the unlocked door of the mobile home on Lot 16. They found Juan Alvarez-Crispin lying on the living room floor, near an automobile tire jack covered with blood. There was blood spatter on the victim’s boots, on the wall behind his head, on curtains, and on the television screen. The victim had multiple lacerations on his forehead, nose, and cheek, partially caving in his face; his skull was fractured and his brain was exposed. The injuries were consistent with having been inflicted by the tire jack. The victim also sustained six stab wounds to his chest and numerous defensive wounds to his hands and arms. The cause of death was blunt force injuries to the head and stab wounds to the chest.

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