The mistakes of the sloth

National
Marisela Escobedo: terrible execution
The mistakes of the sloth
By: Carlos Damian August 20, 2011
To serial murder: Sergio Rafael Barraza Escobedo to dead
"violation to the constitution" the doctor Samuel Gonzalez Ruiz (SGR) defines the verbal judgment in the one which was acquitted Sergio Rafael Barraza Bocanegra (SRBB), of the homicide of its Ruby couple Marisol Frayre Escobedo (RMFE). For the academic and world specialist about the struggle against the organized crime and terrorism the judgment, such as was carried out, it is a clear sample of "hiper -guarantee" that gives as a result that are patented the rights of the presumed delinquent on that of its victims.

The doctor Gonzalez, SGR, indicates that it is a scandal since were given the judgments of the case, first of absolution and then through a cassation process, of guilt, reporter, investigating and penal specialists tried to having access to them and what was happening is that were under key. It was until past days that it has been public made the process. The documents were hidden deliberately in spite of the fact that the Constitution indicates punctually that the accusatory penal process is public.

This of sure way made it the Judicial Ministry of Chihuahua as well as the office of the prosecutor of Chihuahua. Note SGR that they are three the vital documents to understand the judgment: first the initial absolution judgment of SRBB, alias the Pee Wee, the notice that is given to her to the Mrs. Marisela Escobedo Ortiz (MEO), of the judgment that, in its perspective, "possesses the particularity of reflecting the work that make the judges after that explodes the scandal.

Revealing document of the Mexican injustice
Add the doctor SGR, it is considered a document that it is not normal, because evidence that before what is said in the press about the judges, them try to be covered possible the best. But it is an absurdity, their argumentations make no sense. "Then there is a third document, dated 20 of May of 2010, that is to say two weeks after, in the one which by pressure of the state executive is elaborated a cassation judgment". According to the version of SGR, the judges only gave as certain three points: "that the accused was living in free union with RMFE and that she had 16 years old; second, that they had a name daughter Heydi Ruby; the third point were that in a clandestine sanitation Junker were found 39 bony remains that turned out to be from RMFE.

"However upon checking the cassation documents you find out something very interesting. Of a statement of more than five leaves of the Mrs. Marisela Escobedo (MEO), the judges made a paragraph that judgment:… however these demonstrations do not deserve value of sufficient test for by itself alone to demonstrate the assassination of RMFE, since the witness MEO, said that the accused had reputation of not to say the truth and to boast. Furthermore it does not coincide with what the teenager Ángel Gabriel Valles Maciel asserted that heard to say to accuse in the last days of the year 2008, about that had killed to his couple and to other person, but with pistol shoots.

The assassin confesses his crime
Therefore, the unique test in this direction is found in contradiction with other of the same source, what permits us to assure that, at least in one of those versions (blows to the adolescent or with pistol shoots), today the accused lacked to the truth, and to be ignored in which of they made it, it can not be had by real no of such versions." Gonzalez, SGR, explodes: "is a barbarity that would use the own statement of MEO to absolve to SRBB, that furthermore, as this proven in the videos of the verbal judgment, the same it confessed his crime after the final intervention of MEO.

Exposed what is by the accused before the First instance Judges, duly attended by two public defenders, being directed the offended that had claimed to him the death of her daughter, emphasizing the rage and what is coward of the crime of hers daughter, reproaching to him that not even had let to her to have a worthy sepulcher in the one which could weep its dead. SGR adds, "is because of this that the statement of the defendant he requests pardon to the Mrs. MEO by the damage is key: … That the same as nobody is going it to power to repair, and to the equal is certain, that as you were saying where was God and unfortunately I did not know God in other time."

The crystal ball
For the doctor SGR, the installation of the verbal judgments in the states of Chihuahua, Zacatecas, and Oaxaca, between other has transported many problems: "Ii is something that we come explaining from six years ago, the doctor Edgardo Buscaglia, the doctor Swarthy Moises and we. Six years ago that we state that they would happen this type of circumstances. "(…) "Of all the homicides that there was in Chihuahua in 2008 only there were two judgments and in 2009 three. The justice does not exist in Chihuahua." In the vision of SGR, this serious problem has root in the initiative of Albert Bimber, the ideologist of the hiper- guarantee, who supports that the penal justice system has caused damage to the society than benefits because the prison does not serve and because persist many injustices.

For SGR, the judgment of the murderous of RMF must be studied and analyzed because reflects historical mistakes and trends of application of justice that they are sinking to the country. I don’t have “crystal ball, all what is happening we anticipated it six years ago. If this trend continues, there will not be possibility some for the victims. That is the case of the woman homicides in Juarez City." (Proceso No. 1784, el expediente del crimen, p.p. 8 - 9, January 9, 2011).