Chivis Martínez BorderlandBeat.Com
Jornada is reporting that Ernesto Fonseca Carrillo is one step away from gaining a release from prison as Mexico’s Federal Supreme Court of Justice agreed to hear his appeal.
Upon the controversial release of Rafael Caro Quintero on August 9th, Fonseca’s attorney, Jose Luis Guizar, had predicted his client would be free within 15 days.
Fonseca and Caro Quintero were both convicted for the 1985 kidnapping, torture and murder of DEA agent Enrique “Kiki” Camarena, 40 year sentences were imposed on the convicted murderers. When Fonseca Carrillo was arrested, he quickly turned on his friend and partner in crime , blaming the murder on Caro Quintero. It was at Fonseca's home that the Camarena torture tapes were discovered.
Caro Quintero’s release stemmed from a victory in the appellate court of Jalisco, based on a procedural technicality, not on a basis of innocence. The 3 judge panel heard the appeal and agreed that the prosecution was not in jurisdiction compliance, having been tried in federal court instead of state court, a violation of due process.
Guizar filed an appeal for his client based on the same grounds that gained Caro Quintero his freedom.
"The appeal will soon be determined. We believe that the judges will adhere to the law," Guizar said. "Fonseca Carrillo should already be free. He should be home. At its core, the issue is identical as Rafael's. "
Guizar also stated that his client is in very poor health, that brings to mind the 2008 campaign of Fonseca's daughter Araceli and his attorney to free Fonseca because he was near death and prison officials were refusing proper medical care for the inmate. (daughter center at left)
The federal attorney general's office, which oversees all security matters, and the presidency, insist they didn't know that Caro Quintero was being released. President Enrique Peña Nieto has failed to make a public statement on the matter.
Proceso reported that the attorney general’s office, well aware of the appeal, never took action against it.
Mexican authorities are inspecting the financial records of the three judges that gave Caro Quintero his freedom, investigating possible payoffs. Another big question is the atypical rapid pace of the release, which normally takes a few weeks after winning on appeal.
Atty. Gen. Jesus Murillo Karam and Foreign Minister Jose Antonio Meade have said the decision was a huge mistake and they would work to reverse it. A warrant for Caro Quintero’s re-arrest has been issued.
The US was outraged at the release, causing further strain on the US-Mexico relationship since EPN has taken office. On August 14th the US has filed for Caro Quintero’s arrest and extradition. The US will need an abundance of luck in recapturing the man, who many think most likely headed for Costa Rica or elsewhere outside of Mexico.
Video below contains an interview with Alfredo Corchado about US-Mexican Relations