Judge declares mistrial after making Mexican joke
September 28, 2001
OMAHA, Neb. - A federal judge declared a mistrial in a civil case against two police officers accused of using excessive force after the plaintiffs' attorney objected to a joking comment the judge made about Mexicans.
U.S. District Judge Joseph Bataillon ordered a mistrial Monday in the case brought by relatives of Guadalupe Vallesillo Jr. against Omaha Police Officers Alan Reyes and Brian Heath.
A coroner's report said Vallesillo, 20, died of an asthma attack while struggling with the officers in 1997. The family alleges the officers used excessive force and did not give Vallesillo the proper medication.
During jury selection Monday, a juror told Bataillon that her husband had been arrested in Mexico, and had been jailed wearing little or no clothing.
Bataillon responded that people traveling in Mexico should carry extra cash.
He later told the Omaha World-Herald that he was trying to make a joke about some Mexican officials' reputation for taking bribes. But the plaintiffs, who are Mexican-American, complained.
"The message telegraphed to the jury by a person of authority was: It is OK to apply a lesser standard to people of Mexican heritage," Vallesillo family attorney Dorothy A. Walker said.
Bataillon apologized.
"It was inappropriate in the context of this jury trial to say anything that could be disparaging to people of Mexican descent," Bataillon told the newspaper. "I apologize. It just wasn't very smart."
Assistant City Attorney Tom Mumgaard said the remark was innocuous and drew laughs in the courtroom.
A new trial date has not been set.
By Associated Press
"He later told the Omaha World-Herald that he was trying to make a joke about some Mexican officials' reputation for taking bribes. But the plaintiffs, who are Mexican-American, complained. "
The judge was in fact right, but the truth is not a legitimate defense in a PC world.
I just finished Gary Jenning's latest "Aztec Blood", and I believe it is relevent here. The book describes how the culture of "mordida" began with the initial Spanish rule of the new world (i.e., the Governor of Mexico bought his position expecting that he would recover much more than that in the form of bribes, and it filtered down from there to all government offices). While the culture of Spain may have moved away from the culture of "mordida", it has become institutionalized south of our border.
It occurred to me that this concept is possibly the single largest impediment to their economies. With a culture of "mordida", there is no rule of law or right to property. So anyone who does earn wealth sends it abroad where it is more difficult for the government officials to confiscate it, rather than reinvesting the profits into their business.
These countries will remain poor until some dictator announces a "zero tolerance policy" and kills any official who takes a bribe, and kills anyone who gives a bribe, and continues this policy for about 20 years.
I first became aware of this problem when my roommate in college had to drop out and go home to Mexico to bribe officials not to confiscate the family business when his father died.
Smart move to declare a mistrial right away and pick a new jury. No matter what the results of the trial were, it would likely be appealed and have to be retried. Don't waste the time and money of the current trial and appeal.