The Ohio Supreme Court upheld the death penalty Wednesday for a Jordanian who argued he should get a new trial in aHamilton County murder-for-hire case because Cincinnati police never allowed him access to his consulate.

        The court rejected Ahmad Fawzi Issa's argument in a 5-2 decision.

        Mr. Issa, 31, was convicted of aggravated murder for arranging the 1997 killing of Maher Khrais, who owned the Westwood convenience store where Mr. Issa worked. Mr. Khrais' brother, Ziad Khreis, who hap pened to be with him outside the Save-Way II, also was killed.

        Authorities say Mr. Issa hired Andre Miles for $10,000 to kill Mr. Khrais. They say Mr. Khrais' wife, LindaKhriss, asked Mr. Issa to arrange her husband's death because he planned to divorce her. Prosecutors and defense lawyers were at odds over whether it would have made any difference in the trial outcome if Mr. Issa had talked to a representative of Jordan.

        Under the Vienna Treaty signed by the United States in 1968, foreign nationals must be informed of their right to consult with a representative of their country's government if they are arrested. It also protects U.S. citizens when they are abroad.

        Prosecutors argued that Mr. Issa's rights were not violated because there is no record he asked to contact the consulate.

        The court's majority opinion, written by Justice Andrew Douglas, rejected the argument Mr. Issa's rights were violated.

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