Crime Beat by Michael Connelly Read Free Book Online Page A

procedural differences make it easier to get convictions in Mexico than in the United States.
    Once a case is accepted for prosecution in Mexico, a defendant is assumed to be guilty and then has to prove his innocence. There is no bail allowed in murder cases, no jury trials and guidelines on the admissibility of evidence are less stringent.
    LAPD foreign prosecution unit officers said they know of no instance in which a witness in a Los Angeles murder case, detectives included, went to Mexico to testify. Instead, Mexican prosecutors rely upon the witness accounts and affidavits supplied by police.
    Attorneys Disturbed
    That the defendants thus are denied the opportunity to face their accusers, a cornerstone of the U.S. justice system, is disturbing to some attorneys.
    “No one says a criminal should go unpunished,” said Jaime Cervantes, a former president of the Mexican-American Bar Assn. in Los Angeles. “But this country has a long-developed concept of how someone is proven guilty of a crime and there is something fundamentally unfair about going to another country to convict and punish them.”
    Peter Shey, chairman of the international law committee of the local National Lawyers Guild, also questioned the Mexican prosecutions.
    “Basic notions of fundamental fairness are either nonexistent or rarely employed in their justice system,” Shey said. “If people are required to stand trial in Mexico for crimes in the United States, they would be placed at a significant disadvantage.”
    ‘A Jaundiced Eye’
    Lt. Ross, the unit’s supervisor, said he believes that such concerns are unfounded.
    “I think a lot of people have tended to view Mexican justice with a jaundiced eye,” he said. “But that is an American perception and it is a misconception. Mexico has a very legitimate legal system that operates very well.”
    Ross and his fellow officers contend that a murder suspect who flees to avoid prosecution in Los Angeles is accepting the justice system of the country he runs to.
    “You have to accept the risks that you have incurred by fleeing,” Moya said.
    Much like the LAPD unit, the California attorney general’s office has developed specialists in bringing cases to Mexico. The state’s chief expert is Ruben R. Landa, a special agent with the attorney general’s office in San Diego, who took his department’s first murder case to Mexico in 1980.
    70 Murder Cases Brought
    Since then, Landa has helped various California police departments bring 70 murder cases to Mexico, 14 so far in 1987, more than in any previous year. About 20 of the cases have worked their way through Mexican courts, he said, all resulting in convictions, although one of those was thrown out on appeal.
    “Now it’s sort of snowballing,” he said. “More and more detectives are finding out that this is a way to go with their cases.”
    One benefit for U.S. authorities is financial. Mexico pays for prosecuting the cases, and police officials estimate that it costs American taxpayers less than $1,000 in travel and other expenses to bring a case there, an amount that pales in comparison to the costs of jailing, prosecuting and defending a murder suspect in Los Angeles.
    “You are probably talking about saving thousands of dollars on every case,” Ross said.
    ‘Two-Way Street’
    But Angel Saad, the Baja attorney general, said the arrangement does not just help the U.S. agencies.
    “It is a two-way street with positive results for both countries,” he said. “For Mexico, it signifies its willingness to punish its citizens that commit crimes in foreign countries.”
    A more tangible way the relationship pays off for Mexico, police say, is when the foreign prosecution unit, acting on tips from Mexican police, locates Mexicans in Los Angeles who are suspected of crimes in their own country. So far this year, 13 such suspects have been arrested by immigration authorities in Los Angeles as illegal aliens and returned to Mexico with the