This guilty murderer's lawyer is trying a new defense. If he gets off because of this I will be very, very mad.


Aldana's lawyer wants to block taped interview and written statement from July trial

By: Lindsey Tederman 06/10/2008
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LEXINGTON - Derek Mitchell, attorney for murder suspect Fermin Aldana, is attempting to block his client's taped interview and written statement, taken the day after Ramiro Prado-Reyes, died in a gang fight from being used in his July 8 trial.

Mitchell claims his client can't fully speak or read English and was too young to fully understand the criminal process. Aldana is 17 years old.

During the Monday morning suppression hearing, both Lexington Police Department Investigator Paul Schwarz and Aldana took the stand. Both described different versions of that day's interview process.

That day was March 17, the day after Prado-Reyes died from multiple stab wounds during a gang fight at 15th and Erie Streets in Lexington. What transpired there and afterwards is up for debate.

According to Schwarz, a short time after the altercation, Aldana was found appearing to be hiding in his vehicle in the Tri-County Hospital parking lot. He was brought into the police department, where he was read his Miranda rights and questioned by Schwarz for approximately an hour. After the interview, Schwarz wrote Aldana's statement and Aldana read and signed it.

Mitchell asked Schwarz if he asked Aldana if he understood everything that was being said and read to him at any point during the interrogation.

"I didn't need to ask because he clearly spoke English," Schwarz responded.

Mitchell also questioned Schwarz' tactic of writing the statement for Aldana and asked if Schwarz could tell if Aldana completely understood it.

Schwarz said the procedure of writing the statement for suspects is something he started early in his career and is upheld by the Supreme Court. Schwarz also said Aldana told him he understood the statement.

With a translator, Aldana took the stand and went on to tell Mitchell another story. He expressed his difficulty with understanding both spoken and written English. He said his first language is Spanish and that he only has a 9th-grade level education and only five years of English classes, in which he didn't make good grades.

He added that he didn't understand all of the Miranda rights and legal language said to him and certainly didn't know he could stop questioning at any time. Aldana added that he only understood parts of the written statement.

County Attorney Liz Waterman countered, asking Aldana why he never told Schwarz he wasn't fully comprehending everything.

Aldana answered that he didn't realize how serious the words were.

"You didn't think when someone died that it was serious?" Waterman asked.

Aldana then said that he did try telling Schwarz that he didn't understand everything but Schwarz just interrupted him.

Mitchell also questioned Schwarz' use of the quote, "I'll give you one chance to square up."

Schwarz confirmed he did say that, but promised Aldana nothing.

Mitchell wondered if Aldana knew what the consequences would be if he didn't "square up."

"I don't know if he (Aldana) would, I don't know if I would," Schwarz answered.

In the closing statements, Waterman asked District Court Judge Jim Doyle to overrule the motion to suppress. She said Aldana doesn't appear confused answering the questions during the interrogation. Waterman said he voluntarily answered all questions. She added the only time there seemed to be some confusion was when Aldana realized that Prado-Reyes had died from stab wounds.

Mitchell told Judge Doyle that the totality of the interrogation process including his client's age, his trouble with the English language and his misunderstanding of the criminal justice system is cause for sustaining the motion to suppress. Mitchell submitted both the written statement and videotape of the interview as evidence.

Judge Doyle said it would take him a week or longer to review both items and his ruling would come then.

Aldana is being held in the Dawson County jail until his trial on two counts, second-degree murder, a class 1B felony punishable by 20 years to life in prison and use of a deadly weapon, a class III felony, punishable by up to 20 years in prison, for his involvement in the March 16 death of Prado-Reyes.
http://www.lexch.com/site/news.cfm?news ... 8509&rfi=6

Related Story:

http://www.alipac.us/ftopict-110290-aldana.html