
DATE: Saturday, September 13, 1997          TAG: 9709130372

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY LAURA LaFAY, STAFF WRITER 

DATELINE: RICHMOND                          LENGTH:   96 lines

HIGH COURT REFUSES TO BLOCK EXECUTION OF MEXICAN MAN

The U.S. Supreme Court on Friday refused to stop the execution next week of Mario Benjamin Murphy, a Mexican citizen sentenced to death in Virginia Beach.

Murphy, 25, was sentenced to death for the 1991 murder of Navy cook James Radcliff. Six people were charged in the murder-for-hire scheme, which was masterminded by the victim's wife, Robin Radcliff, and her lover, Gary Hinojosa.

Four defendants were eligible for the death penalty. But Virginia Beach Commonwealth's Attorney Robert Humphreys offered life sentences in exchange for guilty pleas to all except Murphy. Since then, Murphy's lawyers have argued that he was unfairly singled out for the death penalty because he is Mexican. In addition, the lawyers said, Murphy's sentence is invalid because it was obtained in violation of an international treaty that requires the United States to notify the embassies of all foreign nationals arrested here. Mexican officials filed an unsuccessful friend-of-the-court brief, asking the U.S. Supreme Court to review the issue. On Thursday, they asked Gov. George F. Allen to spare Murphy's life and send him to Mexico to serve out a prison term there. Barring a decision by Allen to do so, Murphy will die by lethal injection Wednesday.

In a telephone interview from the Mecklenburg Correctional Center in Boydton this week, Murphy said he is ready to die if death is his fate.

``I believe I'm ready,'' he said.

``I've gone through quite a bit in my short life and I've gained a lot of confidence and courage throughout the years. It just gets to a point that, if this is going to happen, that's what I'm here for.''

Murphy testified at his sentencing that Hinojosa recruited him to kill James Radcliff by emphasizing that Radcliff was beating and raping his wife and threatening to kill her unborn child.

Robin Radcliff, who is serving a life sentence at the Virginia Correctional Center for Women in Goochland, wept into the telephone Friday when told the U.S. Supreme Court had refused to stay Murphy's execution.

``Why would they single out Mario when he was so young and didn't deserve it?'' she said.

``I plead with Governor Allen. If he needs vengeance, a sacrifice, an execution, let it be me and not Mario,'' she said.

Michael Bourne, who is also serving a life sentence for his part in the crime, was more circumspect.

``I've had six years to think about what happened, and I don't think you can load the majority of the blame onto one individual,'' he said during a telephone interview Friday from the Brunswick Correctional Center in Lawrenceville.

``Everyone who was involved knew what was happening was wrong. Mario . . . isn't any more responsible than Robin or Gary.''

Hinojosa, however, continues to maintain that he wasn't responsible at all.

Murphy and the others never told him they planned to kill Radcliff, he said. He was shocked when they returned after the murder and announced what they had done.

``Why didn't he tell the truth instead of saying what the police dictated to him?'' Hinojosa said of Murphy on Friday.

``It wasn't no murder for hire. He wouldn't be sitting on death row if he would have told the truth.''

Asked what other motive Murphy and the others would have had to kill a man they didn't know, Hinojosa replied that Murphy was ``having an affair'' with Robin Radcliff.

``She has multiple personalities, and I guess one of her personalities like to fool around,'' he said.

Hinojosa is serving his life term at the Greensville Correctional Center in Jarratt. ILLUSTRATION: Photo

Mario Benjamin Murphy, 25, is scheduled to die by lethal injection

Wednesday for his role in a murder for hire.

Graphic

TIMELINE

In the capital murder case of Mario Benjamin Murphy, a Mexican

national whose execution is scheduled for Sept.17:

July 28, 1991 - James Radcliff, a Navy cook, is beaten to death

by a hit squad hired by his wife, Robin.

July 20, 1992 - Murphy, the only foreigner among six defendants

and the only one not offered a life sentence in a plea agreement,