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Illegal immigrant fails to sway judge in sex case

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  • PhilipCal
    replied
    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.

    Leave a comment:


  • FEDCOPPER74
    replied
    What the public doesn't know doesnt hurt em, right.............?????

    Leave a comment:


  • yellowreef
    replied
    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...

    Leave a comment:


  • Redders
    replied
    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.

    Leave a comment:


  • willowdared
    replied
    Funny how, when a US citizen is arrested in Mexico, they are told they should know what is illegal when they are there.

    Leave a comment:


  • yellowreef
    replied
    Poor guy just came here to work....

    Leave a comment:


  • xraodcop
    started a topic Illegal immigrant fails to sway judge in sex case

    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."

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