Kidnapped?

Update

For those who would like to know what is happening in the Free case, here is what I've been told, as I understand what I've been told.

Mexican Law provides a procedure in which the defendant in a criminal case can demand that the witnesses against him appear in court. The prosecution gets three opportunities to produce the witnesses, failing in which, the judge must decide whether to allow the prosecution to go forward. He apparently has the option of deciding to proceed on witness statements alone, or dismissing the case.

It is my impression that the prosecution has now failed to produce the witnesses against Free on two formal occasions in which their presence at court was demanded by the defendant, through his attorneys.

The wheels are turning, slowly- a pace welcomed, at times, by the guilty, but seldom by the innocent.

 

Update

There's an article in todays, Novedades, in which developments in the Free case are summarized, in detail. There is additional detail offered regarding the legal processes I spoke of in the previous post, and more. One of the things that's discussed in the article is the legal problem that arose when the defense offered one or more of the video tapes of the incident as evidence for the defense.

In the early days of the case, the mom rounded up as much evidence of her son's innocence as she could locate, including one or more video tapes of the incident. The problem was that, by not having the police pick those up, it broke the "chain of custody," the chain of proof necessary to admissibility of the videos as evidence. The article relates that she tried to overcome the objection by producing experts who offered their opinion that the tapes were genuine. This did not satisfy the judge, who ruled them inadmissible, so the issue has been taken to an appeals court for an interim ruling.

As understand it, from the article, Free's mom is going to try to speak personally with President Calderon when he visits Spain.

 

Just makes you shake your head in disbelief doesn't it... at this point even if he was charged and found guilty of assault with injury, I think he could only get time served if even that.... part of me thinks that his family and friends are paying too much protection money to whoever runs the jail and for that reason the authorities are stalling legal proceedings in an effort to keep him around... as a source of income. He may not be a saint, but this is ridiculous even by Mexican standards...

 

I have no personal knowledge of how this case has been managed, but there are inferences you can draw from what is known to have happened that would make you think it hasn't been handled as well as it could be, and this in part from zealous attempts to help. I've mentioned before how the mom's efforts to gather up the evidence that would help defend him led to its being inadmissible at court: think how this must make her feel, at this point, when all she was trying to do was make sure no exonerating evidence was lost. Changes of defense counsel, which has occurred several times, often results in changes of strategies, and can cause more harm to a defense. Unfortunately, in real life, this is not a rare occurence, and it's just good fortune if the first lawyer for the defense has all the tools and all the best strategies with which to formulate a coherent, defensive posture.
________________________

Not speaking of this case at all (because I know nothing of the particulars), but of things I've gathered from talking with prisoners who are serving their time in the same facility, money readily offered to ancillary figures to a case can simply lead to further complications: it takes no imagination to see how this could be so, as many would find the Temptation of "free money" irresistible- which is a powerful argument for not making inquiries about, "How much would it take to make this case go away," or any other such foolishness. [I've commented before about how this impulse is exploited, even in the U.S., by defense attorneys, who may represent that their fee is X, but it will take X+Y to "make a case go away," or get some other desired result. It's just taking advantage of a criminal impulse which can be found in many people- laughable, and tragic, at the same time.]

 

FREE is a good kid. he has adapted to surviving in that Hell Hole. he is very generous , whatever gifts are brought to him , he shares with cell mates and other foriegners. when I saw the first article about this issue in Novedades, I thought he would be out in 2 months tops, now a year has gone by, it is a shame that he is still in there, his youth wasting away.

 

From what I have heard about this story is that the kidnapping was organized from within the jail. I thought that the kidnapping was only attempted, that she escaped, and eventually it resulted in the capture of a former cell mate of Free's.

 

Saw the post bumped back into the living, can't remember when it was started - but it was a longgggg time ago. Find it even harder to understand why something hasn't been sorted out by now and Free - freed. Is this guy still in Jail?

 

I am glad that you mentioned that Free has now been in jail for a year without charge,as we ,his family are completely amazed and saddened that he is still there.Someone mentioned that he is getting too much money in jail so he wont get out.I understand it to be a catch 22 in that if he doesnt pay the big boys he will be hurt there so to keep him safe he has to pay.Is that not so?
My sister and his mother and father,who are not rich by any standard are busy raising money all the time ,putting on gigs etc to try and pay the lawyer ,mafia,whoever,etc
We heard that that Ferrats brother has been thrown out of the Green Party ,is that true.
Also I am surprised that Cancun is hosting the climate change conference when it is so unsafe to be there.A great chance for kidnappers to make a fortune with all those innocent foreigners arriving in town.

 

Cancun is safe. And security will be rediculously high. Lets be honest here. Did Free's mother have armed security with her as she walked down the street? I am sure not. Plus the conference is not in downtown. All of the dignitaries will all go home safe and sound, just as the president if mx does whenever he travels.