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05-09-2006, 02:10 PM #1
Confession OK'd in murder case
http://deseretnews.com/dn/view/0,1249,635205896,00.html
Deseret Morning News, Tuesday, May 09, 2006
Confession OK'd in murder case
By Sara Israelsen
Deseret Morning News
PROVO A judge ruled Monday that a man's confession can be entered as evidence in his murder trial.
Sergio Ramos-Trujillo
Sergio Ramos-Trujillo, 27, whose trial starts today in Provo, is charged in 4th District Court with first-degree felony murder in the shooting of Jorge Corana-Mora Sept. 16 in a bunkhouse at a dairy farm in Elberta.
Ramos-Trujillo, a Mexican national, also faces a second-degree felony charge of obstruction of justice and a third-degree felony charge of unlawful possession/purchase of a handgun by a restricted person.
After being arrested, according to a defense attorney, Ramos-Trujillo was informed of his Miranda rights but not informed of his right to speak with a representative from the office of the Mexican Consulate in Salt Lake City.
Defense attorney Richard Gale argued during a hearing Monday that any confession allegedly uttered by Ramos-Trujillo while speaking with police shouldn't be introduced during the trial because it was obtained illegally.
Ramos-Trujillo should have had the opportunity to speak with a consul before talking to the police, Gale told Judge Lynn Davis.
"He had a right that right was violated," Gale said. "What I would argue to the court is that because this is a confession . . . which was incriminating . . . the appropriate remedy is suppression."
Deputy Utah County Attorney Jason Sant cited previous court cases with similar circumstances, saying that in no case has a court ruled that violation of consular rights meant that a confession should be suppressed.
Davis denied the motion to suppress the confession. At the hearing, Davis noted the wording of an affidavit from the Mexican Consulate's Office.
"The consulate indicates that no one is going to visit the accused, the Mexican national, until such time as he is in custody and is charged with the crime," Davis said. "I think the affidavit itself defeats the argument set forth in the motion."
The office's policy states they will visit a Mexican national who is arrested and charged with a crime to advise the person of his rights, as well as the differences in the justice systems, Gale said.
In Mexico, an individual is guilty until proven innocent. In the United States, with the innocent-until-proven-guilty presumption, a confession can often be damning.
A jury was empaneled Monday to hear the case.
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