Legal situation in 2006

Some of the arbitrary actions done during the arrest and the trial are:
a) The facts happened on the 7th April 2001 and he’s caught one month later, on the 14th May 2001.
b) The police arrested him without any arrest warrant even when the man accusing him said that he knew where he lived and his name, because they are neighbours. Then, why didn’t they go immediately to his house to arrest him but waited one month?
c) They said they recognized him because he had long hair, but Carlos has been wearing short hair for a long time.
d) There is no complete assurance from the party accusing that it was him who committed the robbery, and it’s never said how the others participated in the crime, as they supposedly said there where three of them.
e) When they present the bills of the supposedly stolen objects, these are not considered, because they are all written by the same person (with a very similar handwriting to the daughter of the man that accuses me) and in one of them the address of the shop doesn’t correspond with any actual business.
f) When it’s said that while he was assaulting the man, at the same time he had her daughter over the bed, and with one hand he passed the gun trough her vagina, argument without validity, thus to make such thing he should have more than two hands.
g) The day when everything happened he was at a social centre in the south of town, more than four hours away from the place of the robbery. We presented the declaration of two friends and a teacher that were with me to ratify this version.
h) When he’s arrested, the two policemen introduce him a knife, which is after presented as evidence against Carlos.

All these facts proved his innocence, therefore he had to be freed, but the Ministry of Public

Affairs couldn’t accept so, as if they set me free I could prove the police abuses and vexations made by the different police and judicial departments and I could sue them, altogether with the lack of ethics of the lawyers who said to defend him.

After having asked several lawyers about the actual legal situation of Carlos and the chances to prove his innocence, we have been told two very important things:
1) That the former lawyers had exhausted any legal instances that could prove Carlos’ innocence.
2) That the only thing that can be done is to ask for the pre-release before the judge.

This pre-release consists on parole, under the condition than the prisoner keeps a good behaviour before society and goes periodically to sign before the judge, and also that he assists to different speeches in the time he stays still in prison. The fact is that this pre-release can only be asked for once, and if denied, it could never be asked for again.

What they ask to be fulfilled is as follows: Carlos should have had a good behaviour during his imprisonment and fulfilled the different rehab areas, that is, working area, custody, medical, psychological, educative, social work and psychiatric. The person in charge of each area must give a positive diagnosis about Carlos’ behaviour and rehab, so that the judge can review it and approve or deny this pre-release. In case that one of the diagnosis was negative, the pre-release would be automatically denied.

There must be also a legal tutor who signs and gets in charge of Carlos when he reaches his pre-release and gets out of prison for the rest of the sentence, having therefore a place to live and a job for when he’s freed. A social worker will check that all these conditions are fulfilled.

Before this new scenario we have talked with Carlos’ family to accompany and support them economically during this petition, so what we have to do now is:
1) To talk with Carlos about all these conditions for his pre-release, so that he can fulfil them if he hasn’t done it already and write the pre-release document.
2) To ask for economical support for the expenses generated at the pre-release (if it’s accepted, Carlos would have to go and sign periodically, have a place to live, so money should be needed to rent a house, as he could not be back to the place where he lived before).

That’s why we’re asking for your solidarity, to join enough money for the expenses of this procedure, and for that purpose, his family has opened a bank account where this money will be gathered altogether. (BANAMEX Suc. 4006, bank account 39749, key BNMXMXMM) Anabel Jazmín Estrada Arroyo

For more information or any letter for Carlos you can write to the following email address: carloskinoi@yahoo.com.mx