Thread: Man (illegal) charged with killing three at after-hours club

HOLLIDAYSBURG — The Mexican government wants the triple homicide trial of Miguel A. Padilla put on hold until the Pennsylvania Supreme Court decides if that nation has a role in the case.

Outrageous! The only role that Mexico has is that they should be stopping illegal immigration from THEIR country, NOT encouraging it!

Mexico is not helping their poor image with the American public by doing things like this.

W

Cpat,

Your right. If they really gave a hoot, then they would keep their citizens at home and punish them for breaking laws in other countries. This might be a good bargaining tool. We will give Padilla the killer life in prison, if Mexico will order the rest of it's missing citizens back to Mexico! Instead of passing out Matricula cards, load them on buses and take them back to Mexico. Truly be responsible for your the misdeeds of your citizens.

Dixie

I Like your idea, Dixie.

However, IMO, probably the powers that be in Mexico want the 20 Billions of dollars that Mexicans in our country send back home. I'll bet you 1 cent that they care more about $$$$$$$$ than Padilla, or even interfering in our affairs. After all, they're already interfering with bush's blessings.

http://www.altoonamirror.com/News/artic ... cleID=4024

Wednesday, August 16, 2006 — Time: 2:20:57 AM EST

DA seeking decision on Padilla case
Prosecutors want to avoid prospect of double jeopardy in triple homicide.
By Phil Ray, pray@altoonamirror.com

Blair County District Attorney Richard Consiglio Tuesday asked the state Supreme Court to determine whether the Miguel Padilla homicide trial — set to begin next week — should be delayed.

If prosecutors try Padilla for the murders of three men outside the UVA Club in Altoona in August 2005 and the Supreme Court orders the case halted during trial, the defense could ask for dismissal of charges based on double jeopardy — the constitutional prohibition against trying a suspect twice for the same offense.

If the trial is delayed, the defense may be able to request that the charges be dismissed because Padilla was denied a speedy trial.

‘‘We’re kind of frozen in midair,’’ Consiglio said. ‘‘We don’t want to let this guy wiggle out on a technicality.”

Consiglio contacted the state Supreme Court Monday to ask for an emergency ruling on Mexico’s request to delay the trial.

Padilla, a Mexican national, and the Mexican government have asked the state’s top court to delay the trial while justices consider an appeal of Blair County Judge Hiram Carpenter’s ruling prohibiting Mexico’s direct participation in the case.

Mexico and Padilla contend that Mexico’s rights under two international treaties have not been heeded and that Padilla’s rights have been overlooked.

Padilla complains that he has not been included in status conferences on his case and that the county has not allowed enough money for expert witnesses.

Consiglio is opposed to delaying the trial, and he contends that the complaints put forth by Mexico have no merit.

Padilla was represented by an attorney the day of his arrest, Consiglio said.

The status conferences with the judge are just that: updates that hold little or no interest for the defendant.

Consiglio said the Mexican government has no status even to seek redress in the Padilla case.

Under the treaties that Mexico cites, the only responsibility law enforcement has when it arrests a Mexican national is to notify the consulate — which was done, Consiglio said.

Denial of a stay would not cause irreparable harm to Padilla, as Padilla states in his petition, Consiglio said.

The Consiglio petition is the latest in a flurry of activity surrounding the case during the past week.

Jury selection is set begin Monday in Carlisle, Cumberland County, because of pretrial publicity.

Testimony is scheduled to begin Sept. 11.

That gives the Supreme Court three weeks to decide if the trial should be delayed, Consiglio said.

He is hoping the court will have a decision later this week to avoid the cost and effort in selecting a jury only to have the trial halted prior to Sept. 11.

Speice, Padilla’s lead defense lawyer, said he intends to file nothing with the Supreme Court.

He said he could always use more time to prepare the case. But he said, ‘‘If I have to go to trial, I will go to trial.’’

Speice said the defense is prepared.

We don’t want to let this guy wiggle out on a technicality.”

I'm sorry, NO, I'm not. IMO, illegal aliens are NOT citizens or LEGAL immigrants, and thus should NOT have the same protection under the law, that we do.

I know this'll make lawyers and civil libertarians, shudder. Too bad.

I'm tired of seeing that, in effect, the invaders get more rights that we do.

http://www.tribune-democrat.com/local/l ... 32719.html

Published: August 16, 2006 11:27 pm

Judge refuses to delay Padilla trial

By KATHY MELLOTT
The Tribune-Democrat

HOLLIDAYSBURG — A Blair County judge Wednesday denied a request by a Gallitzin man seeking a delay in his triple homicide trial set to begin Monday with jury selection.

But the decision may not settle the matter.

The order, issued by Judge Hiram Carpenter in response to the petition by Miguel Padilla of Convent Street, offers little direction for Blair County District Attorney Richard Consiglio or Public Defender Donald Speice.

As of late Wednesday, there was no response from the state Supreme Court to a request seeking an emergency decision on a similar request for a trial delay filed by Mexico.

Padilla, 26, a Penn Cambria graduate, never became a naturalized citizen and is considered an illegal alien.

He is charged with the Aug. 28 shooting of three men outside a private social club where he had been denied admission.

Consiglio is concerned that – if a jury is picked in Carlisle next week and a trial delay is granted by the state court – double jeopardy could be an issue.

The jury is being selected from out of the area because of the media coverage given the triple murders and pretrial issues.

Carpenter said Padilla’s request for a delay was improper because it was filed by the defendant rather than his attorney.

Padilla said in his typewritten petition that he was denied representation following his arrest, that he was physically threatened during his preliminary hearing and received death threats while in the Blair County Prison.

He claims Blair County has not provided enough money for trial experts and he was not included in pretrial status conferences.

Speice said Wednesday he has included Padilla when the issues impacted on his case and is prepared to go to trial to defend him in the capital murder case.

Saying the issues raised by Padilla are nonsense, the judge in his order urged the Supreme Court to deny Mexico’s request for delay.

“Counsel has been appointed for almost a year and are prepared to go to trial,” Carpenter wrote. “To grant a stay would be a tremendous miscarriage of justice to all concerned and would send a clear message that this defendant is entitled to more than other defendants.”

“In plain English, this is nonsense.”

Saying the issues raised by Padilla are nonsense, the judge in his order urged the Supreme Court to deny Mexico’s request for delay.

I've indicated my sorrow at the vicitms' deaths, the first time this crime was posted. It shouldn't have happened, because Padilla should not have been here.

Given that: I wonder how many taxpayer dollars have been spent by both prosecution AND defense on this illegal alien.

Finally! Let's get this over with and get Padilla convicted of triple murder.

http://www.centredaily.com/mld/centreda ... 298814.htm

Posted on Thu, Aug. 17, 2006

Pa. high court rejects Mexico's appeal in Altoona club shooting


Associated Press

HOLLIDAYSBURG, Pa. - The Pennsylvania Supreme Court on Thursday rejected the Mexican government's request to delay the trial of an illegal immigrant charged with killing three men at a nightclub last year.

As a result, Blair County prosecutors expect to begin picking a jury on Monday for the trial of Miguel Padilla, who is accused of gunning down three people at an Altoona social club last August.

Tempe, Ariz., attorney Michael O'Connor, representing the government of Mexico, has expressed concerns that Padilla was jailed without an attorney for seven weeks following the Aug. 28th shooting.

Blair County officials have said they waited to appoint an attorney only because they thought Mexican officials wanted input on the selection. When they found out that Mexican officials merely wanted to make sure that Padilla had an attorney, they appointed a public defender, they said.

"I am pleased with the Supreme Court's swift action in dismissing this frivolous appeal and am satisfied the victims' families will not see justice delayed," Blair County District Attorney Richard Consiglio said.

Padilla could face the death penalty if convicted of first-degree murder in the Aug. 28 shooting deaths of club owner Alfred Mignogna, 61; bouncer Fred Rickabaugh Sr., 58, and patron Stephen Heiss, 28, outside the United Veterans Association Club in Altoona.

O'Connor did not immediately return a call seeking comment.

The jury will be selected in Carlisle, Cumberland County, due to intense publicity in Blair County. The trial of Padilla, said by immigration authorities to have been in the country illegally since he was about 9 years old, will begin in September.

Padilla's public defender, Donald Speice, said he is prepared for trial. Speice has repeatedly denied the Mexican government's allegations that Padilla has not been represented properly.



http://www.altoonamirror.com/News/artic ... cleID=4074

Friday, August 18, 2006 — Time: 3:20:37 AM EST

Pa. Supreme Court rules against Mexico in Padilla case

By Phil Ray, pray@altoonamirror.com


The Pennsylvania Supreme Court has upheld a Blair County judge’s decision excluding the Mexican government as a party in the Miguel Padilla homicide case.

The ruling clears the way for jury selection to begin Monday in Cumberland County.

Judge Hiram A. Carpenter ruled in May that Mexico has no standing in the case, saying that any concerns the government has about Padilla’s treatment in the court system should be addressed through his lead defense lawyer, Public Defender Donald E. Speice.

Mexico cited two international agreements to support its claim that it had standing to file petitions and take part in proceedings involving Padilla.

But District Attorney Richard Consiglio argued that the only responsibility Blair County had under those treaties was to inform the Mexican consulate of Padilla’s arrest.

The consulate in Philadelphia was informed within days that Padilla, 26, a Mexican national, was charged with murdering three men outside the United Veterans Association in Altoona Aug. 28, 2005.

‘‘This is a domestic homicide case. ... It involves no international issues, and the government of Mexico is not a party to the action,’’ Carpenter ruled.

Mexico appealed to the state Supreme Court, and as Padilla’s trial date drew near, Mexico’s attorney asked that the trial be delayed.

Consiglio was concerned that the trial would begin and then come to a halt when the Supreme Court heard the appeal, so he asked the court for direction earlier this week.

On Thursday afternoon, the court dismissed Mexico’s appeal and denied a stay in the Padilla trial.

In a statement released late Thursday, Consiglio said, ‘‘I am pleased with the Supreme Court’s swift action in dismissing this frivolous appeal and am satisfied that the victims’ families will not see justice delayed.’’

Consiglio said he wants to get the case tried for the victims’ families and because the county has several major homicide cases waiting in the wings.

A delay in the Padilla case would delay those other cases as well.

The high court ruled that the issues raised by Mexico could not be appealed before trial, but they could be raised on appeal if Padilla is convicted.

Mexico is concerned about Padilla’s legal representation because Speice first rejected Padilla as a client.

Mexico contended that Speice now has a conflict of interest in not raising the issue that Padilla was without representation for seven weeks after his arrest.

Speice has retorted that Padilla was treated like every other proposed public defender client.

Carpenter, court personnel and sheriff’s deputies will head to Cumberland County Sunday afternoon to prepare for jury selection.

It normally takes at least a week to select a jury for death penalty cases because each prospective juror is interviewed at length.

Carpenter, meanwhile, has been holding night sessions and has scheduled a Saturday session of court in an attempt to complete a medical malpractice case that has been going on all week.

Mirror Staff Writer Phil Ray is at 946-7468.

Good for the PA Supreme Court.