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| Elba Esther Gordillo Appears in Court (Photo: Special) |
Mexico City - By filing new charges, now for alleged tax evasion, the Attorney General's Office (PGR) canceled any possibility that the teacher [former teachers' union head] Elba Esther Gordillo might leave prison. This new charge is on top of the two legal processes she already faces for transactions with illegal resources and organized crime, which have left her confined in the Tepepan Women's Prison Hospital since last March.
The former leader of SNTE [National Union of Education Workers] pleaded not guilty to the new charge of tax fraud that the PGR filed against her. The tax fraud refers to an amount greater than 2 million pesos [$151,456 USD], although Gordillo reserved the right to make a statement.
Judicial authorities reported that in the proceedings of the preliminary statement, which was held in the Tepepan Medical Tower, the head of the 14th Court of the District of Federal Criminal Proceedings in the Federal District, Rubén Dario Noguera, notified Gordillo of the new charge against her.
In response, the teacher said that she is innocent of this new charge, but she reserved the right to make a statement about this third charge brought against her. The hearing started around 6:00 PM and lasted an hour and a half, during which Gordillo was assisted by her lawyer Marco del Toro.
Last September 24, the former lifetime president of the SNTE obtained from a judge the protection of the federal courts against the original accusations, based on procedural deficiencies by the Federal Public Prosecutor, whose errors violated her right to due process.
The three amparos [injunctions] opened a loophole for Gordillo to regain her freedom, but the Attorney General's Office closed the loophole by challenging the judicial ruling. And just in case, it has now reinforced said wall [of charges] by imputing to her the alleged tax fraud.
In a statement released Thursday morning, the PGR reported that agents of the Federal Investigative Police executed the new arrest warrant against Gordillo Morales, pursuant to a warrant issued on Tuesday, October 8, by the Judge of the 14th District of Federal Criminal Proceedings in the Federal District....
In a statement released Thursday morning, the PGR reported that agents of the Federal Investigative Police executed the new arrest warrant against Gordillo Morales, pursuant to a warrant issued on Tuesday, October 8, by the Judge of the 14th District of Federal Criminal Proceedings in the Federal District....
The record by the Federal Investigative Police attached to the Special Unit for Investigation of Fiscal and Financial Crimes states that the accusation against her is based on evidence that establishes that Gordillo Morales entered on her Annual Income Tax (ISR) for tax year 2008, taxable income substantially lower than she what actually obtained.
The arrest warrant was served on Elba Esther Gordillo Morales at the Tepepan Women's Center for Social Rehabilitation, where she has been hospitalized since last March.
Just last Thursday, October 5, the Attorney General's Office challenged the decision of the Fourth District Court of Amparo [protective injunction] for Criminal Matters in the Federal District, Francisco Javier Sarabia Ascencio, who granted three amparos to Gordillo for presumed procedural deficiencies incurred by the Attorney General's Office, which
Federal District Government Authorizes Gordillo's Transfer to Private Hospital
Separately, the Federal District Government authorized the transfer of the former SNTE leader to a private hospital to undergo a medical examination.
At a press conference, Miguel Ángel Mancera Espinosa explained that [he authorized the transfer] because the Tepepan Women's Penal Medical Tower, where she is being held, does not have the facilities for performing these medical tests. He also added that the tests that Gordillo Morales will undergo are essential for guaranteeing the teacher's good health. Spanish original
The arrest warrant was served on Elba Esther Gordillo Morales at the Tepepan Women's Center for Social Rehabilitation, where she has been hospitalized since last March.
Just last Thursday, October 5, the Attorney General's Office challenged the decision of the Fourth District Court of Amparo [protective injunction] for Criminal Matters in the Federal District, Francisco Javier Sarabia Ascencio, who granted three amparos to Gordillo for presumed procedural deficiencies incurred by the Attorney General's Office, which
"even violated her right to due process, so they will have to address this ruling."The PGR regretted that judgment:
"For the second time, the PGR notes with concern the criterion, held in this case by the Judge of Amparo, who used weak arguments without legal consistency, wrongly considered formal irrelevancies over the evidence and established facts in the course of the criminal action, to the detriment of the social interests that this institution represents."... According to Mariana Benitez Trevino, Deputy head of the Legal and International Affairs of the PGR, the challenge was filed in a timely manner. The challenge seeks to establish that the judgment by which the amparo was granted "is unstable" and has legal inconsistencies.
Federal District Government Authorizes Gordillo's Transfer to Private Hospital
Separately, the Federal District Government authorized the transfer of the former SNTE leader to a private hospital to undergo a medical examination.
At a press conference, Miguel Ángel Mancera Espinosa explained that [he authorized the transfer] because the Tepepan Women's Penal Medical Tower, where she is being held, does not have the facilities for performing these medical tests. He also added that the tests that Gordillo Morales will undergo are essential for guaranteeing the teacher's good health. Spanish original