Thread: Judge won't toss confession because English was spoken

More dirty lawyer tricks trying to get criminal kidnapper and torturer invader Zetas released and back on our streets. Fortunately, this judge didn't buy their ludicrous and asinine defense:

Judge won't toss confession because English was spoken
By Jamie Satterfield (Contact)
Tuesday, January 15, 2008

Language was no barrier to the confessions of two Mexicans accused of kidnapping and torturing a Louisville contractor to extort money, a federal magistrate judge has ruled.

U.S. District Magistrate Judge Clifford Shirley is refusing in an order filed Friday to toss out the alleged confessions of Francisco Morales Angeles, 28, and Jose Sanchez, 18, as evidence against them.

The pair via defense attorneys Tracy Jackson Smith and Mike Whalen had claimed their limited command of the English language kept them from understanding their legal rights when the pair confessed to the June carjacking, kidnapping and torture in West Knox County and a similar crime in Tulsa, Okla.

Assistant U.S. Attorney Tracy Stone had countered with testimony that Sanchez could read and speak English and made it clear he knew what legal rights he was signing away when he agreed to be interviewed by the FBI, and that Angeles was advised of his rights in Spanish.

Angeles has been linked by Sanchez to the violent gang, known as the Zetas, of former Mexican army commandoes working for drug cartels. The two men are accused of holding Jose Ignacio Ortega Garcia hostage inside a West Knox County hotel room for nine days in a bid to extort money from Garcia, his relatives and business associates.

A crime is increasingly on the rise across the United States in which Hispanics, often working for drug cartels, target other Hispanics, who are kidnapped, tortured and held for ransom. In most cases, the victims are believed to have cash readily available either through work as immigrant smugglers or involvement in the drug trade. It is not clear why Garcia was targeted.

That Garcia suffered before he managed to escape is without question. A probe by Knox County Sheriff's Office Detective Heather Reyda and FBI Agent Buddy Early showed that Garcia was burned, beaten, cut, threatened and psychologically tortured. He managed to escape after Sanchez, left alone by Angeles to guard Garcia, fell asleep following a marathon video-gaming binge, Early wrote in a federal complaint.

Garcia's attackers also escaped but were nabbed a month later in Houston, according to prior court testimony.

Whalen argued at a recent hearing that FBI Agent Glenn Gregory, who elicited Sanchez's confession after he was arrested leaving a taco stand in Houston, violated Sanchez's rights by explaining his constitutional rights in English.

Whalen argued that Sanchez's understanding of English was faulty at best, evidenced by his inability to write some words in English and his confusion at the definition of the word "coercion."

Shirley disagreed, ruling that Sanchez had no trouble understanding English as spoken aloud and was able to read aloud a form about his rights written in English. When he stumbled over the word "coercion," Gregory gave him a clear, succinct definition that Sanchez signaled he understood, the judge opined.

"The court finds Agent Gregory's advice of (Sanchez's) rights was exemplary and thorough," Shirley wrote.

Shirley noted that Gregory was not convinced, however, that Angeles understood English as well as Sanchez and called in Spanish-speaking Agent Angelo Guzman to take over.

Guzman read Angeles' rights to him in Spanish and provided Angeles a copy of his rights also written in Spanish, testimony showed.

"Guzman reviewed the rights waiver form with Angeles in Spanish and allowed him time to read it himself," Shirley wrote. "Angeles asked no questions, signed the form and proceeded with his statement."

However, Shirley is blocking Stone from using a brief statement Angeles made before he was advised of his rights in which he identified a photograph of Garcia.

Angeles was being booked into jail at the time and had not been told yet that he had a right to an attorney and did not have to answer any questions posed by the agents.

"These statements were clearly made without the benefit of warnings (about his constitutional right to remain silent)," Shirley ruled.

The pair is set to stand trial in February.

Jamie Satterfield may be reached at 865-342-6308.
http://www.knoxnews.com/news/2008/jan/1 ... glish-was/

We need all the Judges to Play Hard Ball with these criminals.

The agents knew to be extra careful in reading them their rights. No longer will the excuse "But..but..I don't speek eengleeesh" work for these miscreants.

With all government papers now available in English AND Spanish, spanish translators available everywhere, spanish speakers can no longer use that excuse.

Bravo to the judge to see past this!

Good job Judge