Does he have a right to contact the consular? Show me. Even if he had contacted the consulate, it would not have changed the crime.
He has a right to an attorney as prescribed by our laws.
Is Texas bound to this treaty everyone keep referring to?
Article 36 of the Vienna Convention on Consular Relations says so. From wikipedia
"Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention."
Text of the convention. Article 36 is page 15.
http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
No it would not have changed the crime. It would likely have not changed conviction.
This treaty was ratified by the Senate and signed by Nixon when he was President.
Constitution Article VI
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby"
So, to recap things that have been stated throughout this thread and now combined here as one.
Yes, he has the right to contact his consul and is supposed to be informed of that right upon the determination that he is a foreign national.
The treaty that gives him this right is legal and ratified by the US.
Texas being a state within the US is bound by this treaty as it does not violate the Constitution of the United States.
TEXAS VIOLATED THE CONSTITUTION BY NOT GIVING HIM CONSULATE ACCESS!
It's amusing how so many Texans are ALL about the Constitution when it works for them, but then completely ok violating it when it does something like put a speed bump between them and killing Mexicans.
the following is tongue in cheek
Texas is hereby in violation of the Constitution and by their own logic, the state should be executed.