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  • Illegal immigrant fails to sway judge in sex case

    http://www.ajc.com/metro/content/pri...lest0614a.html

    By KathyJefcoats
    The Atlanta Journal-Constitution
    Published on: 06/14/07
    A judge refused Wednesday to drop child molestation charges against an illegal Mexican immigrant who argued Clayton County police violated diplomatic law during the arrest.
    Eligio Chia-Duran, 30, alleged a violation of the 1963 Vienna Convention on Consular Relations, an international treaty adopted by the United States, because arresting officers failed to tell Chia-Duran he had the right to contact the Mexican embassy in Atlanta.
    Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.
    Defense lawyer Stephen Mackie said after the hearing, "A diplomat from his own country could have explained his rights to him in Spanish, emphasizing his right to remain silent and not make a statement, which is a right not all countries have."
    But Clayton deputy chief assistant District Attorney John Turner said Chia-Duran didn't identify himself as a foreign national when he was arrested in December and even presented a North Carolina driver's license as proof of identity.
    "To argue this point, you first have to prove that the officer knew the suspect to be a foreign national," he said. "And he's had a privately retained attorney from Day 1 and he hasn't made an effort to contact the embassy on his behalf."
    Mackie said Chia-Duran does not speak English. He has required an English-Spanish interpreter at every court hearing.
    Clayton County Superior Court Judge Matthew O. Simmons rejected the defense motion, but Mackie said he may appeal.
    University College London professor Eileen Denza, who teaches classes on the Vienna Convention, said the treaty is usually invoked during murder or death penalty cases.
    Turner said he is familiar with its use in arrests on the Mexican-U.S. border but Georgia police officers just aren't trained to advise suspects of that particular right. Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.
    "It would be a simple thing to add a line to the Miranda warning and advise everybody of that right," he said. "A foreign national doesn't have to be a Mexican who doesn't speak English, it could be a Canadian who talks just like us."

  • #2
    Poor guy just came here to work....
    "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

    Comment


    • #3
      Funny how, when a US citizen is arrested in Mexico, they are told they should know what is illegal when they are there.
      Molly Weasley makes Chuck Norris eat his vegetables.

      sigpic

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      • #4
        With the child being paralized from the waist down because of the assault from the POS I can see why they would be grasping at thin air.

        Ahhhh yet another example of why POS's like this should be taken to a high place and hung by their own petard.










        It's not what you think it is.
        Sometimes, doing the right thing means p***ing off the bosses.

        "And shepherds we shall be, for thee my lord for thee."

        Originally posted by dontknowwhy
        I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
        Originally posted by weinerdog2000
        as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

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        • #5
          If the public only knew how many guys like this (existing NCIC rapsheet with this type of crime) we get jumping the border everyday, I think the immigration debate would be much different. But, like I said before, they only come here to work...
          "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

          Comment


          • #6
            What the public doesn't know doesnt hurt em, right.............?????

            Comment


            • #7
              Originally posted by xraodcop View Post
              http://www.ajc.com/metro/content/pri...lest0614a.html

              By KathyJefcoats
              The Atlanta Journal-Constitution
              Published on: 06/14/07
              A judge refused Wednesday to drop child molestation charges against an illegal Mexican immigrant who argued Clayton County police violated diplomatic law during the arrest.
              Eligio Chia-Duran, 30, alleged a violation of the 1963 Vienna Convention on Consular Relations, an international treaty adopted by the United States, because arresting officers failed to tell Chia-Duran he had the right to contact the Mexican embassy in Atlanta.
              Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.
              Defense lawyer Stephen Mackie said after the hearing, "A diplomat from his own country could have explained his rights to him in Spanish, emphasizing his right to remain silent and not make a statement, which is a right not all countries have."
              But Clayton deputy chief assistant District Attorney John Turner said Chia-Duran didn't identify himself as a foreign national when he was arrested in December and even presented a North Carolina driver's license as proof of identity.
              "To argue this point, you first have to prove that the officer knew the suspect to be a foreign national," he said. "And he's had a privately retained attorney from Day 1 and he hasn't made an effort to contact the embassy on his behalf."
              Mackie said Chia-Duran does not speak English. He has required an English-Spanish interpreter at every court hearing.
              Clayton County Superior Court Judge Matthew O. Simmons rejected the defense motion, but Mackie said he may appeal.
              University College London professor Eileen Denza, who teaches classes on the Vienna Convention, said the treaty is usually invoked during murder or death penalty cases.
              Turner said he is familiar with its use in arrests on the Mexican-U.S. border but Georgia police officers just aren't trained to advise suspects of that particular right. Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.
              "It would be a simple thing to add a line to the Miranda warning and advise everybody of that right," he said. "A foreign national doesn't have to be a Mexican who doesn't speak English, it could be a Canadian who talks just like us."
              Small point, but indicative of the lack of knowledge so common in today's media. The Mexican Embassy is not in Atlanta, but in Washington D.C. There is a Mexican Consulate in Atlanta.

              Comment

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