Court denies final appeal of US citizens imprisoned in Juárez

By Alejandro MartĂ*nez-Cabrera \ EL PASO TIMES
Posted: 07/06/2011 06:56:47 AM MDT

A Mexican federal court on Tuesday denied the final appeal of Shohn Huckabee and Carlos Quijas, two U.S. citizens serving time in Juárez's municipal prison on drug-smuggling charges that they contest.

Huckabee's father, Kevin Huckabee, said Carlos Quijas' mother informed him that her son's appeal had been denied. The court's administrative personnel later confirmed Huckabee's appeal had not been granted, either.

Kevin Huckabee said he was disappointed considering that he had spoken with one of the magistrate judges handling Huckabee's case, which had been transferred to Culiacán, Sinaloa, and the judge had seemed to be sympathetic to his case.

The judge in Culiacán "has done the same as the ones in Juárez -- they have said one thing and done another," he said.

Adding to his chagrin, Kevin Huckabee said, is that a number of inmates at the Juárez Center for Social Rehabilitation, or Cereso, with similar cases had submitted petitions for an "amparo," which is an appeal reviewed by three federal magistrates, and had obtained their release.

"The only difference I can think of is that (Huckabee and Quijas) are American," he said.

In early 2010, the two men were sentenced to five years in prison after Mexican army officers claimed they found about 110 pounds of marijuana in Huckabee's vehicle.

The pair, who insisted that the drugs were not theirs and that they were tortured by Mexican army officials after being detained, filed a petition in May for an amparo.
The amparo is the last legal resource available in the Mexican judicial system to dispute charges.

Kevin Huckabee said that his son was aware of the court's decision but that they hadn't had a chance to talk in person. However, he said he imagined his son wasn't taking the news well.

He added that they haven't decided what the next step will be, yet an option is to contest Huckabee's incarceration before the Inter-American Court of Human Rights.

However, he said they will most likely apply to transfer Shohn Huckabee to a U.S. pri son, an option Huckabee had declined before because it would mean admitting guilt and a permanent criminal record in the United States.

Huckabee had previously said that if he transferred to the United States, he would explore the possibility of obtaining a pardon from Texas Gov. Rick Perry.

Kevin Huckabee said he will now more actively protest against Mexican President Felipe CalderĂłn's administration and accusations of human-rights abuses made against the Mexican army since CalderĂłn took office.

Alejandro MartĂ*nez-Cabrera may be reached at a.martinez@elpasotimes.com; 546-6129.

http://www.elpasotimes.com/news/ci_18414691