Effort to free Marine vet jailed in Mexico for having gun
Legal panel weighs in on case
- Duration 6:06
- Date Dec 18, 2012
Legal panel weighs in on case
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And it's a little bit about how to do that now we're gonna bring in Fox News legal analyst Lisa -- and Ted Simon he's an international attorney who represented an Amanda Knox -- has navigated them.
The Mexican court system as well welcome to you both Ted that's the big question why.
Why can't we get this guy at a prison now.
And unfortunately due to many Americans and on -- -- for this young man they don't realize that the American constitution does not travel with them.
To a foreign country.
And the American government actually is not in -- to be their advocate.
Too often we forget that the maxim you know when in Rome do as the Romans and abide by the laws and customs a foreign countries -- what appears to be here.
Is it real less sad story he was very open he declared the gun on the US side and went in there.
I'm probably should have been more prudent.
And and and done the same sort of thing with him with -- a Mexican embassy here but as far as getting him out the way it works there it's decidedly different than in the US.
Initially they're gonna look at the yet evidence and if the police thinks there's -- sufficient basis to charge.
They will he's -- brought before the ministerial probably go who has 48 carries and which determine if there is sufficient evidence.
Or extend the time and and -- after the judge has 72 hours to determine if there's sufficient cause.
Now it appears that this must have happened because he's been in for that period of time although I'm not that familiar with the details.
He does have alternatives.
There is at certain procedural mechanisms in in Mexico you can file what's called an imperil which challenges.
Whether -- not your rights are being violated and -- there are -- -- That's ranger advocate.
Based on what you're saying do you think it's -- likely or unlikely.
That he gets out of prison in January do you mean he could be according to the the latest that we have.
Some of his his offenses it could be punishable up to fifteen years in prison do you think that's likely that he -- in prison longer than the times Gerry Spence.
You know I'm I -- want to prejudged the case but there's enough for mitigating facts here that I think in the end.
You know fairness will prevail.
And I thinking while he is charged right now with the most serious it doesn't mean it has to stay there there seems to be a conflict in the types of charges.
He's charged without -- that's out money from being in possession.
Of a weapon that the military uses on the other hand it appears that.
There are statutes in place to commit the possession as long as it's and it belongs it's not shorter than twenty inches and we.
No candidate but he's please let me let me bring you an -- as well because it as text so -- -- that's very confusing even for the I he's being held on it right -- what do the other kind of deet tails of this case is that his parents as well as the young man who was with him.
Who was arrested as well but not kept in prison because it wasn't his guy.
Say that when they talk to the US Asians they told and it won't get go ahead you you'll be fine he'll be five.
And the barrel of the shotgun with 24 inches and under you don't forget about the US constitution because I agreed there's not a -- in Mexico obviously but 24 inch barrel right.
What -- -- in Mexico but for the most heinous crimes are twenty inches and below so why would Mexico be going out of its way to prosecute this young man keep him in prison for up to fifteen years -- it just doesn't make sense and I will tell you that the parents have also gone on the record.
It's not just about about the -- it's about extortion from the parents they didn't -- your parents or at least alleging that they've been called.
And said you know you pay up you wires money or -- and this this prison Ted is supposedly run by a one of -- the biggest and most dangerous cartels in the area the parents have said that's what Lisa said about extortion and how do you keep a client like this eight.
Yes this is one of the fundamental differences when representing an American in a foreign country not only have to protect and trying to.
Prevail in the case but you have to be concerned with their very survival.
I'm the American Embassy will be concerned about humanitarian violations will be able to -- on those types of issues.
But will not be able to weigh in as an advocate and I think.
The parents as long as they continue to remain persuasive and not insulting and raise this issue.
Come to the public I think it's probably a worthwhile.
I'll wait to advance his -- Again what has to be careful when when dealing with the media and these sorts of things this is the kind of case that should work itself out with the proper documentation.
We can't the American Embassy though I mean your your -- that they should stay out of it pretty much I don't think that's correct because the American Embassy can -- to Mexico.
Government the prosecution -- abide by your own guidelines you don't prosecute for this fifteen year penalty unless it's like audiences are below -- -- -- -- -- what about that what that what you're laying the meeting I would Wear red -- guest in the political sales racism very fun and bomb.
Sure sure sure this is a very delicate dance that goes on and it really varies from case to case.
On the one hand the American government were the first to say they can't be your advocate and they can't secure your release on the other hand there are diplomatic channels.
That can be employed that are often employed.
Both publicly and not so publicly.
And that's the part of dealing with these sorts of cases.
And what has to be very careful what they're saying publicly to ensure the best possible result.
I believed in me and this is the sort of case that if properly handle will resolve itself.
And he should be returned to the United States it's clear he had no bad intent.
He declared on the US side he declared it on the Mexican side.
And but for the not having the proper permit this would not have happened again it's a reminder for everyone listening.
If you go to travel to a foreign country consider what you gonna be doing there what you're going to be bringing what you -- acquire and what you're gonna bring back.
Let's get advice from some of them have represented a few high profile cases overseas leases quick final thought from you got fed up bottom line is he should that they -- -- -- the paddock small fine and been released an accident that it this is a absolutely -- -- that's gone on he's been in prison for.
In four months in solitary confinement police and had great to have you both thank you so much for the times it's a story ever gonna continue to watch.
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