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Saturday, March 12, 2016

Mexico Drug War-Guerrero: Nestora Salgado's Lawyers Expect Final Decision Next Week

La Jornada: Gustavo Castillo y Alma Muñoz

Salgado Nestora reserved her right to make a formal legal statement for three criminal charges brought against her by the Guerrero State Prosecutor; however, her lawyers presented evidence of her innocence with regard to the charges of murder, privation of liberty, kidnapping and robbery.

After appearing before a court of state jurisdiction in the Santa Marta Acatitla Penitentiary, where a hearing was held to take her preliminary statement, the Commander of the Regional Coordinator of Community Authorities (CRAC), Guerrero, heard the charges against her and her defense lawyers, Sandino Rivero and Leonel Rivero, provided the envidence by which it is sought to prove her innocence of the charges brought against her.
MV Note: Nestora Salgado is being held in the Tepepan Women's Prison, Mexico City. The Guerrero courts have formally asked for assistance from the court in Santa Marta Acatitla Penitentiary, Mexico City, with regard to Nestora Salgado's case. Mexico's traditional criminal justice system is document-intensive; the entire proceeding is conducted by means of documents submitted to the court. (This is set to change in June when the new adversarial system of oral trials goes into effect.) Hence, the transmittal of court documents to and from the Guerrero courts reported here.
The lawyers said that their client did not request extension of the constitutional term [72 hours, which defense can request be doubled (to 144 hours)]; hence, between Wednesday and Thursday of next week the Guerrero judges will have to resolve Salgado's legal status.

As may be recalled, in recent days, and after two and a half years of being imprisoned, it was confirmed that her detention was illegal and that the actions carried out were not appropriate for the crimes attributed to her, which is why she was acquitted of [the first set of charges brought against her for] kidnapping, criminal association, murder and robbery.

Nestora Salgado faces charges relating to crimes allegedly committed in the communities of Ayutla, Huamuxtitlán and Tlapa. The legal proceedings for the first indictments were done over [the result, in effect, of a mistrial], because the consular assistance to which she was entitled was denied and then resulted in her acquittal.

With regard to these new charges, the result of the judicial procedure and the evidence provided by her defense will be sent to Guerrero, in order for the state court judges to issue a decision and give notice of an order either of release or formal imprisonment [while judicial procedure goes forward]. 

Salgado's lawyers are confident that because [these new charges] deal with matters related to the first imprisonment, a favorable decision might be obtained. Spanish original

For more on this story, see Nestora Salgado.

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