Deported man wants to re-open case

By Don Bowen
Wednesday, Sep 09, 2009 - 10:57:23 am CDT

Just one month before Yobani Carrillo’s 19th birthday in October 2007, the U.S. permanent resident from Guatemala faced three counts of delivery of cocaine, each a Class II felony, in Dodge County District Court. Each count was punishable up to 50 years in prison.

Shortly after his birthday, he pleaded no contest to one count with the other two counts dismissed and sentenced to two years of supervised probation. In November, his attorney said that became a life sentence -- away from his family and everything he knew from the time he was 3 years old -- by being deported by U.S. Immigration Service to Guatemala.

Fremont attorney Rob Keith, representing Carrillo, has filed a petition in Dodge County District Court for post conviction relief -- in essence eliminating the no contest plea.

In the petition, Keith alleges Carrillo wasn’t aware it would lead to deportation.

Even though Carrillo is in Guatemala, his parents are still in Fremont and were at a hearing on the case Tuesday morning.

District Court Judge John Samson set Sept. 25 at 9 a.m. for a final hearing to decide the matter.

Since Carrillo has been deported, he cannot come back for the hearing, but Keith asked Samson if it would be possible for him to testify by telephone.

Samson said even though a new law allows testifying by telephone, he foresees logistical issues.

“I won’t know who will be on the other end testifying,â€