Courts - South Dakota Suspect in slaying is illegal immigrant

MITCHELL, S.D. (AP) -- The case against a Mexican man working illegally in the U.S. and accused of killing a South Dakota teenager could be complicated because his consulate was not consulted before the prosecution sought the death penalty. Alexander Salgado, 21, and a teenage girl are accused in the Nov. 10 slaying of 16-year-old Jasmine Guevara of Mitchell. "After consultation with Jasmine's family and a review of the evidence, the decision was made to request the death penalty," South Dakota Attorney General Marty Jackley said. "There was no review of (immigration) matters." Mexico sued the U.S. in the International Court of Justice over 51 citizens on death row in 2003, saying the inmates' rights were violated because they were not offered access to their consulate when arrested. The international court ruled in Mexico's favor. The U.S. Supreme Court has since ruled that the International Court can't dictate terms of U.S. law in death penalty cases, but the issue continues to simmer. News releases and communications from prosecutors consistently have steered clear of mentioning Salgado's citizenship, or his alleged criminal background. "It's not my responsibility as a prosecutor to use the media to beat up on someone," Jackley said. Salgado and the teenage girl are accused of slitting Guevara's throat last Nov. 10, putting her body in the trunk of a car and setting it on fire. Court documents allege that the girl was jealous because Guevara had talked to Salgado at a party three days earlier. Published: Tue, Aug 3, 2010

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