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Illegal immigrant fails to sway judge in sex case
Atlanta Journal-Constitution ^ | 06/14/07 | Kathy Jefcoats

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."


TOPICS: Crime/Corruption
KEYWORDS: aliens; illegal; immigrantlist
I'm amazed this article made its way into this morning's Journal-Constitution. They must have had to drop one of the (many) "Free Saint Genarlow Wilson" articles to squeeze it in.
1 posted on 06/14/2007 1:15:24 PM PDT by madprof98
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To: madprof98

Just trying to claim the rights that Americans can’t claim...


2 posted on 06/14/2007 1:16:56 PM PDT by oblomov
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To: madprof98
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.

One of the most appalling paragraphs I've ever read.

3 posted on 06/14/2007 1:19:39 PM PDT by Sherman Logan (Diversity in theory is the enemy of diversity in practice.)
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To: madprof98

They come here illegally and then suddenly they are citizens of Mexico.

I wish we had a President with acorns. He’d tell them all to go take a flying leap at a rolling donut.


4 posted on 06/14/2007 1:20:49 PM PDT by samtheman
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To: madprof98
Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.
The problem could be resolved with a .45 caliber or .357 caliber slug. Or, for that matter, even a .38 caliber.
5 posted on 06/14/2007 1:25:20 PM PDT by samtheman
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To: madprof98
aggravated battery and aggravated child molestation involving the then-8-month-old
Never mind. The caliber isn't important. Just keep shooting till he doesn't move anymore. Then dump his stinking carcass at the doorstep of the Mexican consulate.
6 posted on 06/14/2007 1:27:14 PM PDT by samtheman
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To: madprof98
Ignorance is not an excuse.
If he didn't know, he should have asked.
7 posted on 06/14/2007 1:28:48 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: madprof98
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."
The lawyer might require a reload.
8 posted on 06/14/2007 1:29:48 PM PDT by samtheman
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To: madprof98

Beyond that, just skin the b***ard, roll him in salt, wash it off with lemon juice, and repeat until he doesn’t scream anymore.


9 posted on 06/14/2007 1:30:19 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: madprof98; Sherman Logan
And he's had a privately retained attorney from Day 1

Who the H#!! is paying for this private attorney???

10 posted on 06/14/2007 1:32:13 PM PDT by GovernmentShrinker
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To: madprof98
What a slimeball! Defense lawyer Stephen Mackie

What about the 8-month old that is paralyzed for life by your F'n client? Jerk.

11 posted on 06/14/2007 1:32:56 PM PDT by TexasCajun
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To: madprof98
Mexican Embassy in Atlanta??

Perhaps he means Consulate?

12 posted on 06/14/2007 1:33:16 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: madprof98

Google: “Stephen Mackie atlanta”


13 posted on 06/14/2007 1:34:53 PM PDT by TexasCajun
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To: samtheman
the lawyer would require silver bullets dipped in holy water
14 posted on 06/14/2007 1:34:58 PM PDT by sticker
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To: madprof98

“The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.”

He should pay with his life.


15 posted on 06/14/2007 1:36:03 PM PDT by Old Grumpy
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To: sticker
the lawyer would require silver bullets dipped in holy water
That's right! Otherwise he'd rise again!
16 posted on 06/14/2007 1:37:07 PM PDT by samtheman
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To: samtheman

>The problem could be resolved with a .45 caliber or .357 caliber slug. Or, for that matter, even a .38 caliber.<

WAAAAAYYYYYY too quick and painless. I’m thinking about a couple of things that would take a few days.


17 posted on 06/14/2007 1:40:15 PM PDT by highnoon (Stop global whining)
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To: GovernmentShrinker

Good point.


18 posted on 06/14/2007 1:41:55 PM PDT by Sherman Logan (Diversity in theory is the enemy of diversity in practice.)
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To: Sherman Logan

In Mexico they would have just killed him for what he did and gotten it over with. I cannot believe we are going to be offering people like that citizenship in our country. I hope something very unpleasant happens to him in jail before he comes to trial.


19 posted on 06/14/2007 1:48:12 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: madprof98

“It would be a simple thing to add a line to the Miranda warning and advise everybody of that right,” he said. Our police are now just supposed to assume that whoever they stop is an illegal alien? Yet in many municipalities they can’t ask them if they are illegal. It twould be nice if someone put Mackie out of his misery too.


20 posted on 06/14/2007 1:52:32 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: madprof98

Just say NO to Amnesty!! Keep calling!! It’s NOT OVER!!

U.S. Senate switchboard: (202) 224-3121

U.S. House switchboard: (202) 225-3121

White House comments: (202) 456-1111

Find your House Rep.: http://www.house.gov/writerep

Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm


21 posted on 06/14/2007 1:55:19 PM PDT by 2ndDivisionVet (Fred Thompson/John Bolton 2008)
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To: Just another Joe
Why lemon juice?

That’s too nice, I would use hydrochloric acid.

22 posted on 06/14/2007 1:57:30 PM PDT by chaos_5 (1-800-882-2005 Amnesty Hot-line!)
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To: highnoon

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.


23 posted on 06/14/2007 1:57:34 PM PDT by samtheman
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To: madprof98
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

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.

24 posted on 06/14/2007 1:59:54 PM PDT by rabscuttle385 (Sic Semper Tyrannis ~ No Amnesty for Incumbents * WAHOO WA! ... UVA2009 * Fred Dalton Thompson 2008)
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To: madprof98

Not to worry. Jorge Bush will give him Shamnesty! Scooter Libby gets to rot in jail, but illegals get Shamnesty! Viva Bush!


25 posted on 06/14/2007 2:03:03 PM PDT by DesScorp
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To: chaos_5
That’s too nice, I would use hydrochloric acid.

They stop screaming too soon with hydrochloric acid.
I want punishment, not fast death for people like this.

26 posted on 06/14/2007 2:04:41 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: samtheman
Sam, you’re what’s called a decent, civilized human being.........This criminal illegal alien monster, is not. I totally understand your feelings.
27 posted on 06/14/2007 2:05:19 PM PDT by wolfcreek (AMNESTY: See what BROWN can do for you..)
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To: Sherman Logan

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.


28 posted on 06/14/2007 2:13:33 PM PDT by Screamname (On this date in history; Al Gore invents the Algorithm)
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To: Just another Joe

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.


29 posted on 06/14/2007 2:20:31 PM PDT by whipitgood (Let's burn some MEXICAN flags!)
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To: madprof98

“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.


30 posted on 06/14/2007 2:25:05 PM PDT by SmoothTalker
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To: samtheman

Or a dull knife with a rusty blade.


31 posted on 06/14/2007 2:26:55 PM PDT by Melpomene
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To: madprof98

I haven’t posted in a long time, but when I read this I broke down and just wept.


32 posted on 06/14/2007 2:28:33 PM PDT by HangWithMe
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To: samtheman

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...


33 posted on 06/14/2007 2:30:37 PM PDT by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: samtheman
Never mind. The caliber isn't important.

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.”

34 posted on 06/14/2007 2:31:10 PM PDT by RonF
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To: Sherman Logan

“One of the most appalling paragraphs I’ve ever read”

Amen to that......Z visa??


35 posted on 06/14/2007 2:36:08 PM PDT by stephenjohnbanker ( Hunter/Thompson/Thompson/Hunter in 08! "Read my lips....No new RINO's" !!)
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To: 3AngelaD

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?”


36 posted on 06/14/2007 2:37:05 PM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: oblomov

If you tell the perp about the Mexican embassy, that would be profiling.


37 posted on 06/14/2007 2:43:25 PM PDT by art_rocks
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To: highnoon

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...


38 posted on 06/14/2007 2:44:41 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: madprof98
I can't believe it, the article actually says ILLEGAL Mexican immigrant.
39 posted on 06/14/2007 2:45:31 PM PDT by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: RonF

That refers to a gunFIGHT, in which all parties are armed... not to dealing with a scumsucker like this one...


40 posted on 06/14/2007 2:48:43 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: highnoon
WAAAAAYYYYYY too quick and painless. I’m thinking about a couple of things that would take a few days.

Bring back the gibbet. Gibbet him alive. Let him see his death coming.
41 posted on 06/14/2007 2:54:24 PM PDT by Arthalion
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To: Sherman Logan

One of the most appalling paragraphs I’ve ever read

Yes it is & its sickening. Prayers for the baby. ~P~


42 posted on 06/14/2007 3:32:46 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: samtheman
The mother, Fabiola Delgado Mata, 20, also is charged.

What kind of worthless POS would choose a man like this to father a child.

The mother needs to be punished as well.

43 posted on 06/14/2007 3:57:34 PM PDT by happygrl (Dunderhead for HONOR)
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To: madprof98
All right, they committed a "crime"--the international equivalent of breaking and entry. But breaking and entry is usually a prelude to a much worse crime, like robbery or rape. What have the immigrants been doing once they get into the US? - Barbara Ehrenreich

What America Owes its 'Illegals' (Ultra Barf Alert!)

44 posted on 06/14/2007 5:25:11 PM PDT by lowbridge ("The mainstream media IS the Democratic Party." - Rush Limbaugh)
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To: happygrl

That the mother has been charged implies that she was a participant or at least was aware of ongoing abuse.

Mothers are seldom if ever charged simply for bringing the wrong guy home.


45 posted on 06/15/2007 4:35:57 AM PDT by Sherman Logan (Diversity in theory is the enemy of diversity in practice.)
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To: rabscuttle385

You left out that he apparently used false documents and lied to get a drivers license.


46 posted on 06/15/2007 4:59:58 AM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: 3AngelaD

That’s assuming that the license is genuine.


47 posted on 06/15/2007 9:33:21 AM PDT by rabscuttle385 (Sic Semper Tyrannis ~ No Amnesty for Incumbents * WAHOO WA! ... UVA2009 * Fred Dalton Thompson 2008)
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To: madprof98

Do we really need more reasons to call our representatives in Washington, D.C.?

Just say NO to Illegal Alien Amnesty!! Keep calling!! It’s NOT OVER!!

U.S. Senate switchboard: (202) 224-3121

U.S. House switchboard: (202) 225-3121

White House comments: (202) 456-1111

Find your House Rep.: http://www.house.gov/writerep

Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm


48 posted on 06/20/2007 4:41:00 AM PDT by 2ndDivisionVet (Fred Thompson/John Bolton 2008)
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