WHEREAS, the Federal death penalty has not been used since 1963; and

WHEREAS, Juan Raul Garza is currently scheduled to be executed on December 12, 2000 (the feast day of the Virgin de Guadalupe, the Patron Saint of Mexico); and

WHEREAS, the U.S. Department of Justice in a study released on September 12, 2000 has found significant racial and geographic disparities in the first thorough review involving the application of the Federal death penalty; and

WHEREAS, according to the U.S. Department of Justice study, 75% of the cases in which a US attorney sought the death penalty, in the past 5 years, involved minority defendants; and

WHEREAS, the report also identifies a lack of geographic uniformity in the application of the Federal death penalty as evidenced by the fact that a very few of the 93 U.S. attorneys nationwide account for about 40% of the cases, while approximately 20 U.S. Attorneys have not filed a death penalty case since 1995; and

WHEREAS, the lack of cases from 20 U.S. attorneys, and the fact that in July 2000 U.S. District Judge Salvador Casellas found the death penalty locally inapplicable in Puerto Rico, U.S. v. Hector Acosta Martinez, raises questions about the lack of uniform application of the federal death penalty; and

WHEREAS, the issues raised in the Department of Justice study have not been addressed by the department in spite of representations it would do so within 60 days, November 12, 2000; and

WHEREAS, Juan Raul Garza previously received a reprieve from President Clinton on August 2, 2000 who has voiced serious concerns about the study's findings;

NOW THEREFORE, BE IT RESOLVED that the scheduled execution of Juan Raul Garza be stayed again until the issues raised by the Department of Justice's study are fully addressed by the Attorney General so as not to violate defendant's substantive due process of law.