Skip to comments.Illegal immigrant fails to sway judge in sex case
Posted on 06/14/2007 1:15:22 PM PDT by madprof98
A judge refused Wednesday to drop child molestation charges against an illegal Mexican immigrant who argued Clayton County police violated diplomatic law during the arrest.
Eligio Chia-Duran, 30, alleged a violation of the 1963 Vienna Convention on Consular Relations, an international treaty adopted by the United States, because arresting officers failed to tell Chia-Duran he had the right to contact the Mexican embassy in Atlanta.
Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.
Defense lawyer Stephen Mackie said after the hearing, "A diplomat from his own country could have explained his rights to him in Spanish, emphasizing his right to remain silent and not make a statement, which is a right not all countries have."
But Clayton deputy chief assistant District Attorney John Turner said Chia-Duran didn't identify himself as a foreign national when he was arrested in December and even presented a North Carolina driver's license as proof of identity.
"To argue this point, you first have to prove that the officer knew the suspect to be a foreign national," he said. "And he's had a privately retained attorney from Day 1 and he hasn't made an effort to contact the embassy on his behalf."
Mackie said Chia-Duran does not speak English. He has required an English-Spanish interpreter at every court hearing.
Clayton County Superior Court Judge Matthew O. Simmons rejected the defense motion, but Mackie said he may appeal.
University College London professor Eileen Denza, who teaches classes on the Vienna Convention, said the treaty is usually invoked during murder or death penalty cases.
Turner said he is familiar with its use in arrests on the Mexican-U.S. border but Georgia police officers just aren't trained to advise suspects of that particular right. Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.
"It would be a simple thing to add a line to the Miranda warning and advise everybody of that right," he said. "A foreign national doesn't have to be a Mexican who doesn't speak English, it could be a Canadian who talks just like us."
Just say NO to Amnesty!! Keep calling!! Its NOT OVER!!
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That’s too nice, I would use hydrochloric acid.
I can’t stop thinking about this one. That’s why I keep posting. All the standard words that you use when someone is so low, so scummy low that you have trouble describing him... all those words are too good for this guy who did this thing to an 8 month old girl.
The only thing I can hope for (besides hoping that the child recovers and someday is not paralyzed from the waist down) is that this thing, this walking nameless thing, has an indescribably horrible 30 or 40 years in prison. Hopefully the inmates there will think of the little girl every time they torture this thing to within an inch of its scumbag, disgusting life, but not kill it, keep it alive for more torture and more and more.
That’s the only thing I can hope for and if that makes me some kind of an armchair sadist, I’m sorry. I’m having a hard time thinking of that little baby and that what that worthless scumbag thing did to her.
He broke the law the first time by trespassing on U.S. territory, the second time by molesting and beating an infant so badly that the child is paralyzed from the waist down, and the third time by attempting to manipulate the U.S. legal system to his own advantage.
They should bring back Old Sparky just for this monster...and send the bill to the Mexican government.
Not to worry. Jorge Bush will give him Shamnesty! Scooter Libby gets to rot in jail, but illegals get Shamnesty! Viva Bush!
They stop screaming too soon with hydrochloric acid.
I want punishment, not fast death for people like this.
And why this whole amnesty idea is just as appalling. While the majority of illegals may be law abiding citizens, along with those illegals come the rapists, killers, child molestors. Why? Because law enforcement in Mexico is so corrupt (you literally have to bribe them, pay them off to investigate a crime), the majority of these animals are never caught, they have no record. So along with those law abiding illegals, you also get these animals who could have raped 100`s of kids, child molestors who`ve never been caught once, who have no record.
This whole illegal deal is just a walking timebomb and they MUST be deported! That is why we have laws for this! They must go through the process of being checked out. It`s insane, it`s like ingesting food blindfolded without checking first if it`s poison.
The O.T. calls for stoning people like this. Sounds like God knows what He is talking about. If only we had a society that lived by the O.T.
“Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.”
Prison is too good for him. In the old days someone like him would have been taken from jail and hung.
Or a dull knife with a rusty blade.
I haven’t posted in a long time, but when I read this I broke down and just wept.
An icepick and a couple days alone with the bastard would be appropriate considering the damage he did to the poor child.
I guess these are the family values that don’t stop at the Rio Grande...
Sorry, but that's a violation of gun fight rule #24:
Do not attend a gunfight with a handgun, the caliber of which does not start with a 4.
“One of the most appalling paragraphs I’ve ever read”
Amen to that......Z visa??
Did the read him his rights in Spanish? If so, there’s no case. He could have asked for a lawyer.
“he following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.
You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?”
If you tell the perp about the Mexican embassy, that would be profiling.
I recall some of the things we learned from the VC when they caught one of our guys outside the wire after dark... things involving rats, really BIG rats, and fire and stakes to hold the prisoner still while the rats and fire were applied to delicate parts of his body...
Rats will gnaw through most anything to get away from fire and heat... and the prisoner takes a LONG time to die...
That refers to a gunFIGHT, in which all parties are armed... not to dealing with a scumsucker like this one...
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