Friday, July 26, 2013

A Look at Mexican Law: Z40 is Formally Arrested and Charged

by Chivis Martinez for Borderland Beat
A federal judge today held over for trial and formally charged,  Miguel Angel Treviño Morales, aka Z40 , on charges of operations with illegal proceeds, money laundering and weapons charges, including possession of weapons and  cartridges exclusive to Mexican armed forces.
The Fourth District Court, based in the city of Toluca, State of Mexico, handed down the ruling at 13:30 hours on Thursday, said the spokesperson of the Council of Federal Judiciary.
The charges against Trevino, the premier leader of the Los Zetas cartel, are considered serious; however, noticeably missing are charges of murder for the killing of 265 economic migrants in San Fernando Tamaulipas.  193 migrants were discovered in mass clandestine graves known as “narcofosas” and 72 migrants found massacred at an abandoned San Fernando ranch. 
There are problems with charging Treviño with the murders, since Martín Omar Estrada Luna aka “El Kilo”, pled guilty to being one of authors the murders, and admitted he was only given an order to recruit but “things got out of hand”. 
 Additionally, there was a Zeta order from the top, after the 72 migrants were killed, to execute those responsible for the slaughter. 
On September 5, 2010 the bodies of three alleged Zetas sicarios were dumped in Tamaulipas with a narco message indicating they were directly responsible for the killings.
Given those facts it would seem that a strong case against Treviño is lacking , for being culpable in those specific migrant murders. 
The charges filed against him today, though serious, would be a far cry from charges that would keep him incarcerated for the majority of his natural life. 
The court is able, and assumedly, will amend/add the charges filed against the cartel leader.
It should go without stating, but in case anyone wonders, Treviño does not qualify for bail. 
He is able to file an appeal to contest the charges.
With the ruling issued Thursday, Treviño will continue to be incarcerated, to trial, at the federal maximum security prison of El Altiplano No.1, located in the municipality of Almoloya de Juárez, in the state of México.
 
THE MEXICAN JUDICIAL SYSTEM-EXISTING AND THE FUTURE 
The Mexican judicial system is currently in transition.  Mexico has adapted the American style of judicial system and has until 2016 to fully implement the system into practice.  Although the US has provided support, such as training of Mexican prosecutors by American federal prosecutors, there has developed a stalling of the process and it is now unclear if all states will be in compliance 2016 date mandated by the Mexican constitution. 
 
It is also unclear what affect the new judicial system, if any,  in the prosecution of Miguel Treviño, as he will go to trial in the state of Mexico, one of the 3 states in full compliance and operating under the new system.
 
The following information was derived from: the State Department, US Consulate, Woodrow Wilson Center and The CRS Report prepared for US Congress.

KEY DIFFERENCES BETWEEN U.S. AND MEXICAN LAW
A fundamental difference between the U.S. and Mexican legal systems is that Mexico is a "civil law" country while the U.S. is a "common law" country. Common law emphasizes case law relying on judges’ decisions in prior cases. In contrast, Mexico's civil law system is derived primarily from Roman law and the Napoleonic Code and focuses more on the text of actual laws than on prior court decisions. In the U.S., even one case can establish a legal principle and lawyers need to analyze many cases to interpret the law.
In Mexico, one studies the law and makes the best argument given the facts.
“GUILTY UNTIL PROVEN INNOCENT"
For an accused person, one of the most critical differences is that under Mexican criminal law, the accused is essentially considered guilty until proven innocent. Mexico does not allow bail on personal recognizance and therefore a cash bail must be posted (which may not be available depending on the potential sentence).
Many activities that are not considered crimes in the U.S. may be crimes in Mexico. Additionally, the role of judges in Mexico is broader than in the U.S. Mexican judges are active in developing a case and gathering evidence. In the absence of jury trials, judges also make the ultimate decisions about the innocence or guilt of an accused.
If you are arrested for a serious crime in Mexico, the police will turn you over to the agente, or district attorney’s office which could be state or federal, depending on the charge (Serious crimes under federal jurisdiction include, for example: drug possession, alien smuggling, certain firearms/ammunition charges, and possession of counterfeit money.
 
Serious state crimes include: homicide, kidnapping, rape, assault, theft, child pornography, corruption of a minor, driving under the influence breaking/entering, possession of a deadly weapon and property damage.)
The district attorney’s office will then conduct a preliminary investigation to determine if the case should be prosecuted. If they decide to prosecute, the case will be turned over to a judge. The DA’s office, state or federal, can keep you in custody up to 48 hours (unless they receive an extension) before deciding whether to charge you.
 
By the end of the 48-hour period, the district attorney must turn your case over for prosecution, set bail, or drop the charges and release you. If bail is not set, or if it is set but you can’t pay it, your case will be turned over to a court and you will be moved to a different facility.
Once you are turned over to a court’s jurisdiction, the judge has 72 hours to determine “probable responsibility,” similar to “probable cause” in the U.S. During this period your defense attorney should have an opportunity to present your side of the case. At the end of this period, the judge may release you for lack of evidence, set bail (“fianza,” which may not be available depending on the type of crime), or decide to keep you in custody and continue with court proceedings....continues on next page

Trials in Mexico are quite different from in the U.S. Mexican trials are often split into many separate hearings and testimony and arguments are written rather than live. In the absence of a jury, the judge will decide the case based on the documents presented and impose the sentence. If the maximum potential sentence is less than two years, judges are theoretically required to reach a verdict within 4 months.

 

If the maximum potential sentence exceeds two years, judges normally have up to a year to resolve cases. In practice, reaching a verdict can sometimes take even longer than this. You have the right to request a meeting with your judge while your case is pending resolution or sentencing.
(Click images to enlarge)
NEW JUSTICE SYSTEM:
.Recent spikes in violence and criminality have overwhelmed Mexico's justice sector institutions, with record numbers of arrests rarely resulting in convictions. On average, fewer than 20% of homicides have been successfully prosecuted with convictions, suggesting high levels of impunity. Over the last five years, Congress has devoted considerable resources—close to $2 billion—and oversight attention to supporting under the Mérida Initiative has increasingly focused on supporting Mexico’s efforts to reform its justice sector institutions in order to reduce corruption and impunity.
Judicial reform is one part of that effort. Policy analysts contend that until Mexico’s judicial system is able to prosecute and punish crime, the effects of law enforcement efforts against criminal groups will be limited.
The U.S. government is providing significant support for judicial reform efforts in Mexico at a time when those reforms are at a critical juncture. Progress has moved forward in many states, but is stalled at the federal level.
Without political will and investment from the new Enrique Peña Nieto Administration, both the federal government and the states may not meet the 2016 constitutional deadline for implementing judicial reforms enacted in 2008. Should the reforms move forward, the U.S. Congress may consider how best to support them. Should the reforms falter, Congress may question the value of continuing U.S. assistance for judicial reform.
Under the traditional system, prosecutors have wide latitude during the investigatory stage of a case to gather evidence however they deem appropriate that is then submitted to judges in a written dossier that is rarely challenged. Dossiers often center on the confession of the accused, with potentially coerced confessions frequently occurring, or on unverified eyewitness identifications. Judges then render their decisions behind closed doors.
Although 85-90% of crimes brought to trial result in a conviction, in fact, less than 25% of crimes in Mexico are reported and, of those, only a small number are investigated and prosecuted, implying that only a small portion of the country’s crimes are seriously addressed. The likelihood of a guilty verdict is particularly high for cases involving poor people who have committed minor offenses.
The Mexican criminal justice system has been widely criticized for being opaque, inefficient, and corrupt. Two of its key actors—police and public prosecutors—are viewed by 66% and 43% of Mexicans respectively as frequently engaged in corruption. The judicial system itself has long been plagued by long case backlogs, high pre-trial detention rates, and an inability to secure convictions for serious crimes
KEY ELEMENTS IN THE REVISED JUDICIAL SYSTEM:
• Investigation. A greater role will be given to police in investigations under the guidance of the public prosecutor; evidence gathered can be contradicted in an oral, public trial, and convictions can no longer be made based upon confessions alone. This phase of the judicial process will be abbreviated and less formal.
Pre-trial detention. The use of this will be limited to violent crimes.
• Creation of new judgeships for each stage of criminal proceedings. This aims to strengthen judicial impartiality by ensuring that the judge who decides that there is enough evidence to send a case to trial (the due process judge) is not the same judge who presides over the trial phase and issues the final verdict (the sentencing judge). While one judge will preside over most trials, some will function as grand juries and have three judges presiding.
The reforms also create a sentencing implementation judge who is to determine when a prisoner has fulfilled the terms of his or her sentence and to monitor processes of restorative justice (including agreements between victims and perpetrators reached through alternative dispute resolution). Individual judges can play all three roles as part of their duties, but not on the same cse.
• Alternative methods of resolving cases. This includes plea bargaining and alternative justice mechanisms that may result in compensation agreements between victims and perpetrators.
• Hearings and trials. Under this reform, hearings and trials are to be conducted in public; attended by judges, prosecutors, and public defenders; based on oral arguments; and videotaped for the record.
• Open trials and decisions. This reform requires judges to render decisions in public based on evidence presented at a public trial rather than issuing decisions behind closed doors based on written dossiers.
• Victim rights. This gives greater procedural rights to victims (including the ability to participate in the prosecution and/or to challenge a prosecutor who has declined to take up a case in court); requires that a victim be consulted before a case is suspended or concluded; makes restitution a requisite for alternative justice to be pursued; creates specialized units to protect and assist victims; and prioritizes efficiency.
• Defendant rights. Introduces the presumption of innocence, prohibits torture, guarantees access to public defenders and requires that those defenders be lawyers, provides that only judges can issue search orders, excludes evidence obtained through illegal means, states that confessions made without the presence of a defendant’s attorney lack evidentiary value, and provides for alternative sentencing (such as probation) with the goal of rehabilitating prisoners and reincorporating them into society.
Provisions on Organized Crime
 
Mexico’s 2008 constitutional reforms also included a number of measures aimed at strengthening the government’s ability to combat organized crime that paved the way for subsequent legislation allowing wiretapping and asset forfeiture. Article 16 of Mexico’s Constitution defines organized
crime as an organization of three or more individuals whose goal is the commission of crimes in a permanent or repeated way, “as provided by the law on the matter,” a reference to Mexico’s Ferderal
 
Statute Against Organized Crime.  Under the constitutional reforms, those suspected of involvement in organized crime can be held by the authorities for 40 days without access to legal counsel, with a possible extension of another 40 days, a practice known as arraigo which has led to serious abuses by authorities.
 
The law also permits prosecutors in organized crime cases to submit evidence gathered from witnesses during the investigatory phase of a criminal process; that evidence does not need to be presented in front of the judge and defense attorney at trial.
Some analysts maintain that these new reforms created a system in which “normal” criminal have their rights protected, whereas those suspected of organized criminal activity have few constitutional rights or guarantees.
U.S. Support
U.S. rule of law programming is now focusing on supporting Mexico’s transition to an oral, accusatorial justice system and helping Mexico address institutional weaknesses in its justice sector institutions. U.S. assistance is geared toward:
 
 1) helping the federal and state governments adopt legislative frameworks to underpin the reform process;
2) providing in-depth t raining for justice sector operators on their roles in the new system at all levels of government;
3) building support for the reforms in Mexican civil society; and
4) addressing institutional and operational problems at all levels of government that may not directly relate to the reform process.



94 comments:

  1. I think these charges are the right ones to go for at this time, remember he filled a bunch of amparos, so clear charges had to be pushed fast in order to keep him in jail and ensure a sentence, in the meantime further charges can be investigated to build a (hopefully) solid case for some of the blood crimes he has committed.

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    1. 10:48 pm. Let's all pray it goes that way and be eventually makes it to the U.S.Isn't he wanted here on major drug charges? If he doesn't go down for MASS MURDERERS OF INNOCENTS.....at least let him spend a ton of money to get a few years in a super max. I'm getting more cynical by the day. He'd already be swimming with the fish in my home country.For those who know what country I'm from,please no haters,I'm not saying I'm freaking biased. We get rid of anyone who kills innocents,rapess anyone and child abusers. I have devoted my life to all innocents,especially kids in the U.S. who's parents failed them. Thanks Chivas for the update.As always PEACE.

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  2. Ultimately this only paves the way for him to be extradited to the U.S.A.

    Que the the Law & Order theme, and prep a cell at the Supermax in Florence, CO.

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  3. Any idea based on previous trials how long it might take to organize everything and start the trial? 2-3 years?
    And this may have been addressed before, but I remember reading that it will likely be a 'closed' trial. Do you know if that means we'll get little/no info from it? I wish I could sit in...

    Paz,
    Feynman

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  4. There gona give him like 10 years u heard it fist here !

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  5. Has anyone read the wikipedia article about the 2011 San Fernando massacre? It seems totally inconsistent with the evidence being presented lately, about Z40 and El Kilo and company...

    Meximama

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  6. Mexican Corruption at its best! Sick bastard will probably only get 10 years. No wonder he got caught without a single shot being fired. What a joke!

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    1. Well if thats the case hopefully when he done with his pathetic 10 yrs he will get extradited to the u.s where he will get some real time for what hes charged with here

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  7. Replies
    1. Pura maruchan ni pagan maricones

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    2. 2 worcs from everyone around the world except you carwashing and pencil seller c*nfs:

      F£&@ you.

      Sincerely: anybody with a brain

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  8. MFers wanna talk shit, but stay quiet when I come around. Puro Zeta

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    1. Tu zeta madre puto!

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    2. MLP Los Z!!!!!

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    3. Shut up ur a piece of shit

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  9. Im looking for that judge. Car bomb that bitch

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  10. Z40 gonna pay cash and be out in a couple years. Business as usual

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  11. Im calling shots for los zetas outta sabinas hildago. Puro jefe

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    1. Puro pendejo cabron los zetas rot wherever you live let yourself be known go public let everyone know your a zeta . Lets see how long you last think about it pendejo .

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    2. Los zetillaz de Larraldeňa ya mamaron, así que deja de soñar.

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  12. I just dug a fresh grave. Im looking for the judge. Im gonna have some fun with the bitch.

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    1. Buena suerte, geek!

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  13. Fuck the drug trade. Selling avacados and oranges is where the money is at. Puro cucumber raspas y sal limon.

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  14. Z40 taking showers with his boyfriend now. Pinche joto

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  15. Some zetas taxed my sabrino cause he selling chinese candies on the plaza, its getting hot on the block. My camadale got killed cause his taco wagon hubcaps were chrome.

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  16. Damm that dead body is dirty as fuck, but his socks are extra clean. ¿Que Paso?

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    1. Good eyes bro. for noticing that. LMFAO ha ha ha ha!!!!

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    2. The investigators probably took off his shoes looking for IDs on them

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  17. Chapo do something we are scared!!! Love peña nieto. PS andale wey

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  18. Puro jeffe riding around in a 2014 ford raptor with a AR10 on me and 3 million dollars cash.

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    1. Keep living like that and youll have the lifespan of a fruitfly and u cant spend 3 mil in hell.narcos have a short career

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    2. Ya deja de fumar chingadera pendejo y ponte a trabajar.

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    3. Payaso pendejo @ 11:25. If god gave me the chance to be in front of you. In 3 months you would have some common sense, that's when you would wake up from accoma

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  19. Puro wet diaper

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  20. I was one of the navy soldiers who apprehended Z40 n when I pistol wipped the fat punk he started to cry and he wet his pants. He hit the ground in the fetal position and yelled out that he was scared and for us to take the 2 million and don't yell at him to aggressive.

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  21. People should of known nothing was gonna happen to Z40 when they arrested him he walked in that jail like he owned that bitch. The judge had been payed off.

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  22. I consider myself very intelligent when it comes to criminal justice. I watched alot of law&order and I watch Nancy grace alot that being said Z40 will be out on time served and be on probation for 3 months. Also I watched a couple seasons of "cops" and I got real smart off the first 48 shows too. I learned the criminal justice is fair.

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  23. If Z40 was being tried in Florida he would be found not guilty or they would've dropped all charges on lack of evidence.

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    1. Yea ask casey anthony that one.the state of texas should be allowed to try 40

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    2. And george bush still be president

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  24. Nieto is on his way to unlock 40s cell and let him walk out the joint like nothing

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  25. I wonder if civilians can witness the trial. I want to go and sneak a pistol in and execute that evil bastard.

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  26. Wow no murder charges! According to an ex-Zeta hitman under witness protection, Z40 personally hit a guy with sledgehammer to the leg and had him tied to a tree left to die. He organized Zetas to carry out the guisos of anybody who crossed the Zs in N. Laredo, Tamps. He personally executed, maimed, and tortured people. He would order hits. The groundwork for Z40 to get off with a slap on the wrist is being laid. I bet the corrupt EPN govt. and other political authorities are salivating at the tought of the bribe money heading their way to facilitate the miscarriage of JUSTICE! THAT FREAKING SUCKS!!!

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  27. I remember when Miguel was washing my truck I felt bad for him so I threw him a $1 bill. I remember seeing omar run up in his underwear drinking out of some babies bottle. Damm they was pathetic

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  28. Wow, this is going to get interesting. I wonder what México will do when USA ask for Z40. Will they hand him over? To be continued....

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  29. @11:22... I didn't even notice the sox...but I am thinking it isn't sox just illusion...trash or something notice another white on the hand of another body..

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  30. I am sure they will add charges and he has another warrant for murder and torture, and 6 other warrants so there will be additions.

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  31. If Z40 gets off easy I hope a civil war breaks out. But I doubt it cause civilians can't posses guns.

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  32. Attention fellow BB followers I am in need of some good books regarding the history of Mexican narco and narco wars. Your thoughts and info is much appreciated and needed. Gracias, the student.

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  33. @July 25, 2013 at 11:46 PM: 40 is guilty as charged, accept it.

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  34. I am located on the ground in N.laredo and heard rumors of a highly technical prison break. Involving tunnels, boots on the ground and helicopters also told that a official is on board. Signing out upon further notice

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  35. Mexico's Most Wanted List... a couple have asked for it..meanwhile I found a comprehensive and interesting report that gives great detail. actually it has a greater degree of information than the one I was going to post.

    http://en.wikipedia.org/wiki/List_of_Mexico's_37_most-wanted_drug_lords

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    1. AWESOME LINK CHIVIS! Had never read about that prison before. Enjoy your weekend. Thanks once again,Texas Grandma. PEACE.

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  36. Puro zeta jefe. In escobedo monterrey region. Everybody gets scared when I come around.

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    1. calmate tu muy chingon jajajaja deja te mando un boleto para que te bengas a durango haber si muy de webos. Attn.P@RR@ND3RO

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    2. Ahi andan los Marinos y Soldados para que les atores muchachita calentona.

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  37. His mom told him to always wear clean socks and underwear when leaving the house; "you never know what might happen".

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  38. He'll have his lawyers file appeals against the charges just as he did last week. I can see 40 skating off these charges. I wonder how heavy the envelope was that this Fourth District judge received. Plata O Plomo is still the golden rule in Mexico.

    MF

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  39. Hi, this site really needs to start filtering all the boneheads that leave these idiotic retarded comments. Makes the comments section very difficult to read if I have to sift through so many little idiots.

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    1. And in the same breath, 6:37 AM, you'll be screaming about censorship that your brilliant comment didn't get posted-deal with it. We deal with your whining about every damn thing. You are so predictible and tiresome. I wish they'd censor you,

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    2. I wish too jajaja! Probably we are all on the same page here 7:24 AM except 6:37 AM. Assured to always annoy. NAFASTO!

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  40. Chivis- what would the source be for your judicial part of your story, please? That isn't all yours, is it? It'is very good.

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  41. @ 12:50

    Here are a couple of books for you to read:

    "Drug Lord" by Terrence Poppa
    "Down by the River" by Charles Bowden
    "El Sicario" by Molly Molloy and Charles Bowden
    "Cartel" by Sylvia Longmire
    and "The Executioner's Men" by Charles W. Grayson and Samuel Logan

    Hope this helps you.
    P.S. "Down by the River" has a LOT of info, but, I HATE his writing style. It's like the author has ADHD.

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  42. Even if he was successfully broken out, where would he go? Best strategy is to pay bribes and sit comfy in the federal hotel with all visitation privileges and communications. His cannon fodder on the outside will be the end of him AND them.

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  43. STUPIDITY has always been rampant on this site but lately its at an all time high. Z nutthuggers missing daddy 40 can keep dreaming this fool is toast! He will end up in the US Supermax ironing boxers and clipping toenails of the real kingpins that fought and hustled their way to the top not snitched their way there like this piece of shit.

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  44. Succinct and informative comparison of Mexican and US justice systems. Thanks Mr. Martinez! - US citizen.

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  45. This is an important step but it still fails to address the overwhelming problem with corruption.

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    1. I don't recall reading about 3 guys responsible for san fernando massacre being killed by zeta leadership. Anyone know more about that. Who were they etc. Did those stories about gladiator fights turn up to be BS?

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  46. Crazy shitt I guess viva mex?????

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  47. @0050 hrs.: In particular, you should start with Poppa's DRUG LORD and Bowden's DOWN BY THE RIVER first. DRUG LORD contains a wealth of information on the semi-obscure Pablo Acosta Villarreal who operated out of Ojinaga, Chihuahua from 1976 to 1987. DOWN BY THE RIVER is a chronicle of DEA legend Phil Jordan, and of life on the border and all the clandestine activities that go with it. Although it only skims it, there is good information on Pedro Aviles Perez, the man who first pioneered the use of airplanes to transport drugs from Mexico to the States. If I may, I recommend you go to Google Books and type Miguel Angel Felix Gallardo into the search bar. One of the first hits you get should be a 1987 TEXAS MONTHLY magazine article. It's a great article on Gallardo when he was at the height of his power and controlling Mexican trafficking from Guadalajara in the 80s. Pedro Aviles is mentioned in great detail here since he is Gallardo's mentor. He formed the first cartel in San Luis Rio Colorado, Sonora in the early 70s and from him, Gallardo, Ernesto Fonseca Carrillo, and Rafael Caro Quintero learned how to manage trafficking operations.

    @0748: Excellent recommendations. Your selections should satiate 0050's thirst for knowledge for a little while.

    MF

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  48. Interesting the difference in the justice systems. I guess we're all used to common law foundations. It seems Mexico's system is based on a combination of every foreign nation that conquered/ruled it for a time. Spain, France, that Belgian Prince [installed by Napoleon to be King] colonial laws, with bits of US law mixed together. A legal system built on 18th century colonialism isn't really conducive to modern society.

    *Btw, Napoleon came up with the term "Latin America" to separate those colonies which spoke a Latin based language (French/Spanish/Portuguese) from those colonies which spoke a Germanic based language (English/Dutch) on the Continent. He's the reason the very very wrong concept of two Americas exist today.

    So to me, following laws based on crazy Napoleon is in itself crazy. "Guilty until proven innocent" is an affront to good senses. Anywhoo, I guess it matters not if one writes from left to right or right to left as long as the end result is just .... I guess.

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  49. 12:32
    I gave the date do a research. There is a foto but I have not had time to devote in that search. I think Buggs and Ove had articles

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  50. So what's with the face of El Kilo ? Has he got diarrhea or something ? Haha, stupid fucktard, send him to jail and don't feed him, ever.

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  51. Puro zeta jefe. Mucho dinero

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  52. Replies
    1. Puro jotozzzzzz,se van a violar al cuarenta con picca hielo y luego siguen sus putitozzz tirando patadas de ahogadozzzzz,,valen vergazzzzz

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  53. Puro jefe. Shot caller

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  54. I thought kilo was from the CDG. He has pictures with some golfos on you tube.

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  55. @12:50

    The BEST book on the topic by far is El Narco: Inside Mexico's Criminal Insurgency by Grillo.
    Most others are very light by comparison.

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  56. If 40 is paying off people to be treated fairly and to be protected....
    You would think Chapo and all the other big bosses would have him dead by now...

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  57. Desperados is a book that covers the story of DEA Agent Kiki Carmarena. I read he was the first DEA agent to get killed by NARCOS and his death was what started this so called WAR ON DRUGS...

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  58. Puro jefe de oaxaca y durango. Pinche culero. Z

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  59. DD, Forum adminstratorJuly 26, 2013 at 7:58 PM

    This comment is too long to put into one comment so just look for the next one by me if you want to continue reading it.

    The excellent explanation that Chivis gave of the new reforms in the Mexican judicial system all look good on paper. In the long run, they will shape a fairer and just judicial system. But these are much more than just procedural changes that could be learned in a relative short time. the biggest hurdle is cultural and an existing state of mind. There are generations of lawyers, judges, and prosecutors that have practiced under the old system. Their mindset of "guilty until proven innocent" and that justice is achieved through an inquisitorial system is ingrained in the very fabric of the system they have always lived under. That mindset will only be changed by teaching the concepts of due process and "innocent until proven guilty" in law school and even earlier and producing new generations of lawyers and judges.

    Our (the US) common law originated from a document adopted in the year 1215 in England that limited the power of the King and protected the rights of the people (the privileged non-serfs). It took centuries to evolve into the common law we know today, and that law is still evolving.

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  60. Hello this is @12:50 AKA the student, I want to personally thank everyone who replied to my request. I am currently on amazon and purchasing each book that was noted in the replies plus some extras I was informed of.

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  61. DD, Forum adminstratorJuly 26, 2013 at 8:01 PM

    CONTINUATION OF PREVIOUS COMMENT; When I posted a question on the Forum asking "we got him, now what do we do with him", I got the following response from jlopez, who is a regular contributor to the Forum and who I consider to be the Forum's leading authority on the Mx. judicial system:

    "DD: You have to remember that the Mexican government is very adept at manufacturing evidence when it needs it. I am quite sure that they will be able to find any number of witnesses who will testify that they saw Z-40 kill, maim, torture, smuggle, etc., and some of them may even be telling the truth when they testify to that. Also, remember that there is virtually no way to second-guess a Mexican court, like there is in the U.S., when there exists the political will to find somebody guilty. The courts have already gotten the message that the President wants this guy in jail, so the courts will ignore any evidence that does not accomplish this. Remember, the judiciary is not independent of the executive in Mexico, especially in this administration.

    I am cynical enough to believe that Z-40's "capture" is a political stunt, timed to show that EPN's policies are working just when so much evidence is coming out that they are not. In fact, I am certain that the Mexican government can arrest any of the top narcos at any time if the government feels it is politically expedient to do so.

    So, while I would agree with you that an impartial Mexican judicial system would have a difficult time convicting him of serious charges, the fact that the government has arrested him in the first place shows that it has found the political will to proceed against this particular criminal. Since in Mexico's skewed system of (in)justice this is normally the biggest obstacle in prosecuting any powerful person, I believe most of the work has been accomplished just with the arrest.

    Remember also that any decent intelligence network would also have good intelligence/evidence about Z-40's law enforcement accomplices. That is, I bet that key personnel in Mexico's law enforcement apparatus (who are currently on the right side) know who provided protection, who took bribes, who delivered victims, etc. These accomplices generally keep reliable evidence for a rainy day, and they will be persuaded to give this evidence to the prosecution. So, in my opinion, there is no lack of sources of evidence for the prosecution to use.

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  62. DD, Forum adminstratorJuly 26, 2013 at 8:03 PM

    CONTINUATION AND END OF PREVIOUS COMMENT; agree with you that Z-40 would do better in the U.S., where he is accused of money laundering along with his brother (big deal...), and could probably be convicted of importing drugs or conspiring to import them into the U.S. Again, relatively no big deal, unless they could prove a direct link between him and the smuggling, which would pad the sentence enormously. But I agree that U.S. prosecutors would have a difficult time proving some of the more hefty crimes, such as murder, that would carry heavy sentences. Besides, U.S. prosecutors are even more cynical than I am and see Z-40 more as a source of information than a monster who should be in jail.

    And, since I view this "capture" as being politically motivated, this alone persuades me that extradition will probably not happen, at least not immediately. EPN has to extract as much political juice out of the arrest, and he cannot do this by delivering Z-40 to the U.S., which, any way you cut it, would be seen as an admission that the Mexican judicial system is inadequate.

    But when I say "not immediately", Mexico may decide to send Z-40 north once they have proven that they caught him, convicted him and imprisoned him. After all, the charges are probably already filed in the U.S., so there are no statute of limitations problems. Extradition on these terms would satisfy the politics in both countries.

    So, I believe that Z-40 will be convicted and imprisoned in a Mexican equivalent of a country club jail. He will probably receive a life sentence that will be affirmed pro forma if he appeals. The severity of the charges do not allow him to obtain an amparo, which would worry any normal person familiar with Mexican courts, so I think he's done. He'll be in good company since Mexican jails are infested with Z's, and he has paid for a lot of favors already, which will get him favorable treatment. But I think he'll stay inside.

    But this is Mexico we're talking about.."

    DD. I agree with jlopez assessment that this was a political decision. Though he doesn't say much about it for domestic consumption, EPN is making a big push for foreign investment in Mexico, and part of that sales pitch is "My security policies are working and we have things under control. You can feel safe investing in Mx. You can see that success by the arrest we just made of one of the most wanted drug traffickers in the world".

    Purely a political decision.

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  63. Puro zeta jefe. Let me find out you said something.

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  64. Boy they must be on a gangster busting roll today.i read where they busted like 150 sicilian cosa nostra today in italy.it must be a worldwide roundup

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  65. Bunch o punks u r. U catch 1 n sumbody else steps up. each 1 worse than the last. desire 4 drugs will never stop, so the cruel game will be carried out regardless of your "judicial" reforms which at best r a joke.

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  66. Look for this on the internet if you like:

    1/15/13 Ioan Grillo - El Narco: Inside Mexico's Criminal Insurgency

    and as a general search page:

    http://video.search.yahoo.com/search/video?p=El+Narco%3A+Inside+Mexico%27s+Criminal+Insurgency.pdf

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  67. this is fucking pathetic. doesnt mexico have an intelligence branch like the CIA for the U.S., the KGB for the russians, mossad for israel, MI5 for the british?

    send in a government assassin and put a bullet in this scumbag's head and be done with it.

    too bad the politicians wont allow it because they make too much drug money off of z40.

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