Tag: Joran Van der Sloot (page 2)
Joran's lawyer has said if the petition is rejected, he will appeal to the Inter-American Commission on Human Rights in Costa Rica. Here is the Court's website.
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Update: I think CNN's headline that Joran's lawyer is seeking his release is a bit off. In an interview with the Dutch media today, his lawyer was asked what's next if he wins the habeas: (Google translation here):
The process should be back to square one. In Peru there are just two reasons to dictate detention: one is in flagrante delicto, that is, at the time of the offense, and the other is by court order. In the case of flagrante delicto Joran has not been because they have not caught when he allegedly committed the crime. There has been an injunction based on research that has been made fraudulently. Then the prosecution would be null too. Not that Joran van der Sloot will go free, because once you take your statement with all the guarantees of the law, and he is back to his arrest.[More...]
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In his interview with De Telegraaf (google translated version here), Joran Van der Sloot says he was lured to Peru from Aruba by Uruguayan/Albanian poker player Elton Garcia, who invited him to play in the tournament and paid for his trip. Why would Elton do that? [More...]
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The Peru Penal Code and the New Code of Penal Procedure address the rights of defendants and defense counsel, provide for the insanity defense and explain the procedure for taking statements during the investigation phase of the case. For those interested in the Joran Van der Sloot case in Peru, the details may prove interesting. (For those not interested, just scroll on by.)
Peru provides many rights to the defendant, including the right to remain silent and the right to have a lawyer present during questioning.
I'm reprinting portions below that I think are relevant to Joran Van der Sloot, both as to the insanity defense, the right to remain silent and to have a lawyer present during questioning, and the proscription against coerced confessions. [More...]
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The court in Lima handling the case of Joran Van der Sloot issued a press release on yesterday's proceedings. (Google English translation here.)It ends with a call for the media to report responsibly and accurately.
Also according to the press release, the judge ordered additional psych reports today:
Dr. Córdova Morales also ordered the implementation of psychological and psychiatric expertise to the principal defendant, and the necropsy ratificaciónde and all expert reports made in the preliminary stage (fingerprint, forensic psychology, criminal roadworthiness, toxicological, etc.), the specialists to explain the reasons for their opinions.
CNN says it has obtained a copy of a psychological report performed and reports the details. Since the press release refers twice to psych reports, it seems the Court ordered additional ones today and also ordered it be provided any prepared during the police investigation. If so, the police version is not the only one the Judge will be reviewing. Hopefully the experts appointed by the Court will be more discreet.
Are there sanctions in Peru for improper leaking of police documents to the media? Probably not, since CNN presumably has lawyers whose job it is to know these things. But there should be. CNN seems to think because there are no juries in Peru, there's no prejudice to the defendant and all is fair game. I guess CNN is now competing with the Enquirer.
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Radio Programs reported, the judge stayed for nearly an hour inside the prison, and finally had to put on record the refusal of the Netherlands in a joint report with the prosecutor.
Original Post: Dutch Report: Joran Van der Sloot Says Tricked Into Confessing
According to the Dutch Newspaper Der Telegraaf, which says its reporters interviewed Joran Van der Sloot in his prison cell, Joran now says he was tricked into signing the confession. (Google translation here.) From the translation:[More...]
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Joran Van der Sloot will appear before a judge today in Lima. (Court's press release here, Spanish version here.) The hearing will be at Miguel Castro Castro prison. Again, the media reports are all over the place as to what charges the prosecutor has asked the Judge to consider and who his lawyer will be.
First off, contrary to some news reports Sunday (which appear to be based on this one from Lima, translation here), New York attorney Joe Tacopina is not going to Peru (at least not at this time) but he has been consulting with Joran's mother and assisting her in securing a top attorney in Peru. How do I know? He's a good friend of mine and he just told me.
Second, as I understand them, the charges being contemplated are murder (with special circumstances) and simple theft (not aggravated robbery.) The best source is the Court's press release announcing the charges on June 11, 2010. Translation, followed by Spanish: [More...]
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By now, I'd bet as many people have seen the arrest, perp walk and transfer of Joran Van der Sloot from police headquarters in Lima, Peru to the Big House at Miguel Castro Castro Prison as 15 years ago watched the perp walk of Timothy McVeigh as he was led out from the Noble County Courthouse in Oklahoma in his orange bullet-proof vest.
Amid throngs of media and crowds of angry bystanders, millions watched as Joran, wearing a bullet-proof vest with his head partially covered by a blanket, was manhandled by police as they whisked him into a waiting van (that appeared to be an ambulance.) The police allowed media cameras to continue filming as they followed the van to Castro Castro Prison. They even allowed the media to enter the prison so they could film Joran being perp-walked to his cell.
Within days, police released security camera videos from the scene of the crime and the casino where Joran and Stephany Flores played poker, video and photos of the inspection of his property upon arrest and the transcript of his post-arrest "confession." More recently, they revealed the crime-scene photos to a U.S. publication (which, in a desire to make sure everyone knew they had the exclusive, so prominently branded its name into the photos, the photos are practically worthless and not even worth linking to.)
The point: While it may appear the death of Stephany Flores is the crime of the century in Peru, and the reason for the wall-to-wall, symbiotic police-media video coverage, it turns out it isn't. This is just how they do things in Peru. [More...]
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Judge Carlos Morales Cordova of the 4th Criminal Court in Lima, who is conducting the inquiry into the charges of murder and simple theft filed against Joran Van der Sloot, has scheduled an interrogation of Joran at Miguel Castro Castro Prison for 10:00 am Monday Morning. [Google translation here. Another version is here, translation here.)
Judge Cordova is also requesting psychiatric and other expert evaluations, and the autopsy findings, to assist him in deciding whether Joran should stand trial on these charges. He also plans to schedule a reconstruction of the crime scene and will interrogate the three taxi drivers charged with failing to report the crime.[More...]
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El Commercio and Peru 21 are reporting that Joran Van der Sloot is getting a new attorney -- Cesar Nakasaki, attorney for former Peruvian President Alberto Fujimori. Nakasaki says he cannot confirm the information.
Joran also has a judge, Carlos Morales Cordova, of the Fourth Circuit Court for Prison Inmates. He has received the complaint against him, charging simple murder and theft. Reportedly, Joran will go to court on Friday for his first appearance. [More...]
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This video shows Joran Van der Sloot's booking at the Miguel Castro Castro Jail in Lima, and the cameras follow as he is brought to his cell and given a blood pressure check and answering some questions. Another notorious murderer tries to enter his cell and his whisked away. He's calm and polite throughout. He does tell the medical examiner his head hurts. He tells the reporters he's suspected of murder.
24ora.org has published the ten page police report with the transcript of Joran Van der Sloot's entire confession to Peruvian authorities. It's in Spanish. A clearer copy is here.
At the end, Joran is asked if he wants to add anything. He says he wants Peru to close their case so he can be extradited to Aruba and tell the authorities about Natalee Holloway. (In the statement, he also says he asked the Chilean authorities if he could be extradited to Aruba.)[More...]
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Peruvian prisons have very high rates of tuberculosis.
Who else is at Castro Castro, besides murderers? [More...]
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Joran Van der Sloot has been charged with aggravated murder in Peru, (Google translation here) with findings he intended to rob Stephany Flores, persuaded her to come to his hotel room and then brutally murdered her and tried to cover it up. (Added: Later press release from the court (English Google translation here) explains it differently. It's homicide with special circumstances and simple theft.)
Three cab drivers were also charged with failure to report a crime. The complaint alleges they knew of the crime when or after they drove Joran. Some reports say the maximum sentence for murder during the commission of a robbery with extreme violence is is 35 years, others say it's life.
As to the cover-up, it may have to do with his having pretended to have lost the key to his room. [More...]
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The federal court in Alabama has unsealed the Affidavit in support of the complaint charging Joran Van der Sloot with extortion. You can read it here.
The Affidavit begins with Van der Sloot contacting a "cooperating witness" who from all accounts, seems to be Holloway's lawyer John Q. Kelly. What's not said is what prompted Van der Sloot to contact Kelly, and whether it was one of Hollway's private detectives or persons they knew to be in touch with Joran. In other words, just because Joran contacted Kelly before Kelly contacted him, doesn't mean the idea didn't originate with Team Holloway and Joran just took the bait. [More..]
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News reports from Peru tonight say detectives in Peru will release their report tomorrow recommending Joran Van der Sloot be charged with homicide, not manslaughter, which carries a sentence of between 15 and 35 years. (Google translation here.)
The report lists as aggravating factors that he concealed evidence and fled the country. Also considered key: The statements of the hotel receptionist Adeli Abad and her supervisor, Antonio Kuanand that of Uruguayan poker player Elton Garcia. [More...]
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