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Posts Tagged ‘Murder Trial’

Attorney General Eric Holder indicates MS 13 membership discriminates against gang member who murdered victims?

April 17th, 2010 5 comments

CNSNews.com) – Attorney General Eric Holder has directed prosecutors in a federal conspiracy and murder trial not to seek the death penalty for three El Salvadoran men who are in the United States illegally.

The three are accused of robbing and shooting Claros Luna on July 29, 2009 in Alexandria, Va., just a few miles from the Justice Department, as Luna transported a prostitute from Maryland to Virginia.

The suspects, Eris Arguera, Alcides Umana and Adolfo Amaya Portillo, admitted to being members of the MS-13 gang, court documents show. They were indicted on Nov. 24 on federal racketeering and murder charges.

A Justice Department spokeswoman told CNSNews.com that the department would not comment on Holder’s decision not to seek the death penalty in the case. She directed CNSNews to an online “resource manual” stating that the attorney general’s decision-making process and final decision on whether to seek the death penalty is confidential.

But the manual also states that no information on the process can be disclosed outside the Justice Department “without prior approval of the Attorney General.”

According to court documents, in a letter dated Feb. 3, 2010, Attorney General Holder “authorized and directed” U.S. Attorney for the Eastern District of Virginia Neal McBride “not to seek the death penalty against Alcides Umana, Adolfo Portillo and Eris Ramon Arguera.”

McBride filed a corresponding document – Government’s Notice of Intent Not to Seek the Death Penalty – on Feb. 16.

Peter Carr, a spokesman for the U.S. Attorney’s Office in Virginia, told CNSNews.com that Holder, as U.S. attorney general, makes death penalty decisions in federal cases. “The decision to pursue or not pursue the death penalty in a death-eligible case resides with the Attorney General, not the U.S. Attorney,” Carr said.

Court documents indicate that the death penalty at one time was being considered in the Salvadorans’ case.

Early on, a court-appointed attorney for one of the defendants was dismissed because he did not have the proper certification for a trying a death penalty case. Also, attorneys for one of the defendants entered a motion on Feb. 18 seeking to use a questionnaire that would eliminate jurors who might discriminate against Latinos. That questionnaire alluded to the death penalty.

Another motion by defense attorneys sought to keep gang affiliation from being part of the trial because of the possibility that it might bring a death sentence.

(Other questions for potential jurors included, “Do you believe people born in Central or South America deserve a lesser standard of justice or greater scrutiny because they are probably not really supposed to be here in the first place?” and “Do you believe people born in Central or South America deserve harsher punishment if they commit a crime because they are already accustomed to being uncomfortable and deprived?”)

An FBI press release issued the day after the three men were indicted by a grand jury stated that the case was under investigation by the FBI, Alexandria Police Department, Fairfax County and Arlington County Police Departments and the U.S. Immigration and Customs Enforcement (ICE).

ICE spokeswoman Cori Bassett said the immigration agency filed paperwork to begin deportation proceedings in case the men are not convicted or if they are released on parole. If that happens, the Salvadorans would be remanded to ICE custody.

“We do not have any record of ICE encounters with the individuals prior to 2009,” Bassett added.

The trial is set to begin on May 10 http://www.cnsnews.com/news/article/63534

Will Napolitano sent them a thank you card…………w/ a personal note “welcome to Amercia, here’s how to get on the gravy train.“

Dee gangs weel keel heem.

McCanns Parents Guilty?

December 21st, 2009 2 comments

Madeleine: McCanns consult American lawyers over ‘cadaver dog’ evidence
Latest from Daily Mail

Kate and Gerry McCann’s legal team have consulted the lawyers of an American man accused of murdering his estranged wife in a case where cadaver dog evidence was key, a source said today.

Two British sniffer dogs, one capable of detecting blood and human remains, were brought to Portugal in early August. The cadaver dog picked up a "scent of death" on everything from Mrs McCann’s clothes to missing Madeleine’s favourite soft toy Cuddle Cat, according to reports.

During police interviews the McCanns were shown a video of the animal "going crazy" when it approached their Renault Scenic hire car, newspapers have claimed. Leaked reports from the investigation have suggested Madeleine’s parents could have accidentally killed her and then disposed of her body using the car. Although they do not know the full details of Portuguese prosecutors’ case against them, the McCanns are concerned it may rest on the dog’s reaction.
They want to highlight the judge’s dismissal of cadaver dog evidence in the high-profile Eugene Zapata murder trial in Madison, Wisconsin.

The couple’s lawyers have already contacted Zapata’s defence team, who are now sending their large file on the matter to Britain. Zapata’s estranged wife, flight instructor Jeanette Zapata, was 37 when she vanished on October 11 1976 after seeing her three children off to school. Her body has never been found. Detectives suspected Zapata of involvement in her disappearance but did not charge him because of a lack of evidence. Police decided to conduct new searches using cadaver dogs, a new investigative technique, when an old friend of Mrs Zapata contacted them about the case in 2004.

Eugene Zapata was convicted of first-degree murder of his estranged wife Jeanette when sniffer dogs found traces of human remains at his home. Zapata, 68, was charged with first-degree murder last year after the dogs indicated they sniffed human remains in a small basement "crawl space" at the former family home in Madison and other properties linked to him.
But Dane County Judge Patrick Fiedler ruled last month that the evidence that led to the charge could not be put before the jury.

He said the dogs were too unreliable in detecting the odour of remains and noted that no remains were actually found. The judge agreed with an analysis of the three dogs’ track record by Zapata’s defence team that found they were incorrect 78 per cent, 71 per cent and 62 per cent of the time.

Gerry and Kate McCann: hired an American lawyer over sniffer dog ‘evidence’ that detected the ‘scent of a corpse’ on Mrs McCann’s clothes. According to the Wisconsin State Journal, Mr Fiedler told the court: "The state has failed to convince me that it’s any more reliable than the flip of a coin." Zapata denies murder, and the jury in the case went out on Friday to start considering its verdict.

A source close to the McCanns’ solicitors said: "The legal team are in touch with the lawyers who represented the defendant in the case. "The court papers, giving the legal submissions, are on their way to the McCann team for consideration. "At the moment there are no formal charges and therefore there is no formal allegation against which the McCann team can work. We are having to work a little bit in the dark. "But given that we understand the central plank of what the police are alleging involves sniffer dogs – albeit British ones which are said to be particularly good – this is important and relevant, and will be raised with the police and brought to the judge’s attention."

Read this story what do you think if you ask me you can kid a human but you cant kid a dog trained for sniffing things out even if there guilty which they most probably are why have they not been charged with neglect?
well they can’t find her if they got rid of her though just because there gps don’t mean jack you ever heard of doctor shipman?

They did it! Who is paying for all these lawyers?