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June 24, 2010

Defense attorney wants Van der Sloot freed

Posted: 11:18 AM ET


 

 In Session producer Mayra Cuevas obtained a copy of the Habeas Corpus filed by Joran van der Sloot’s defense attorney Maximo Altez. Sources close to the case provided the document.
Here are the reasons the attorney gives in the Habeas Corpus for why he believes Joran’s rights have not been upheld:

- Joran doesn't know how to read very well in Spanish and the prosecutor and the homicide police have made him read and sign documents written in Spanish, without the presence of a defense attorney.

- There has not been an official translator in the criminal investigation.

- Joran did not have an on-duty defense attorney appointed by the state, nor the attorney generals office, nor the Judicial Ministry. The Peruvian police brought in an unknown attorney, who is not Joran’s attorney and have had her intervene without his consent.  

- By opening his laptop the prosecution and the police have violated his constitutional guarantees to secrecy of communications as stated in the complaint.

- The police have pressured Joran to incriminate himself in the murder of Stephanie which violates the presumption of innocence. 

-The defense attorney is asking Joran be freed to appear in court when requested by the judge.

WHAT WE KNOW:

Yesterday we spoke to Dr. Carla Odria, she is the defense attorney who was originally assigned by the court to be present during the police interrogation and subsequent confession.

Odria said that she spoke to Joran and advised him of his rights including his right to remain silent. She says Joran did not wish to give a statement at that time saying he was too tired after his trip from the border. Since Joran wouldn’t speak Odria suspended the proceeding and left.

We have been able to confirm that the attorney listed in the confession document named Dr. Luz Marina Romero Chinchay is not a court appointed defense attorney with the Attorney General’s office, but a private attorney. We do not know if Joran consented to this attorney.

If the court finds that the confession was botched it will be annulled and a new interrogation will have to take place.

– In Session Producer Mayra Cuevas-Nazario

Filed under: Case Updates • Joran van der Sloot


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Leslie Hyde   June 24th, 2010 11:34 am ET

Good tos ee he still has a sense of humor. He has to be kidding right?


Tammy   June 24th, 2010 11:54 am ET

I cant believe that He is screaming That he was treated wrong, what about the girls that he killed wasnt they treated wrong. I just cant believe that this is going on. It really looks like he is going to walk. And that is sad cause he is going to kill again. May this girls and there family have justice for what he did to them.


Joyce   June 24th, 2010 12:04 pm ET

Peru is not the US! I agree with the "Midnight Express" attorney that has been on Cnn frequently. These points might hold up in the US, but not in Peru with a 3 Judge Panel. I think they'll give him 50 years. And what kind of Mother would throw their son under the bus? The whole world is against this guy and he deserves it, but his Mother? There is something wrong in a family where a Mother would not be supportive of her son no matter what. Here lies this guys mental pathology & sociopathy: This ice for blood mother of his.


Antoinette   June 24th, 2010 12:29 pm ET

ENOUGH! This is more Joran craziness, and this attorney, who does not wish to be his attorney, is doing two contradictory things. ONE, he is trying to get a criminal back on the streets, someone who the cops have mucho evidence against without the confession. TWO, wouldn't his client get a lesser sentence if he cooperated with the police?
Will this attorney, who doesn't want to be Jorans attorney, guarantee that Joran will not flee the country. The Netherlands seems very sympathetic to Joran, perhaps they will give him sanctuary. The world is quickly learning that Jorans description of himself is accurate, HE IS A SNAKE. And his attorney is crawling on his belly just like his client.


Ml   June 24th, 2010 1:03 pm ET

The attention this dirt bag is getting is ridiculous.
Hey, this jerk wants bail. Apparently there is a lot of incriminating evidence. Well, if the " process " violated his rights he will probably be released on bail. No doubt after that he'll be a fugitive and get off again.
Kind of reminds me of the movie with Clint Eastwood – Dirty Harry as inspector Callahan.
The dirtball in the movie killed a lot of folks and was released on "technicalities ".
Of course, in the end Inspector Callahan made his day.


Matron   June 24th, 2010 2:00 pm ET

Is anyone else tired of this crap! The more coverage this guy gets the more he loves it. The only updated story we should get on this guy is that he has been murdered in prison! Quit giving him the spotlight!


Max   June 24th, 2010 2:07 pm ET

Please, please tell me this person is not going to get out on a thechnicallity!!!!!! How do we know he's not lying about speaking Spanish. He's a world traveeler. Oh,please, let the officials keep this person in jail where he belongs. Can't they confirm through LE that he was speaking Spanish? Do they just take his wrod for everything every time he commits a crime? If he does get out, will he be automatically sent to the US for extorsion charges about Natalee Holloway? Maybe we can keep him in jail here!!!!! Somewhere, sonehow, this guy has got to pay for his crimes. Thanks for loetting me vent.


Cynnibun   June 24th, 2010 2:09 pm ET

He is just prolonging the inevitable. The more he angers them, the worse it will be so, keep it up Joran. I am hoping he gets the Aggravated Robbery convictiion which does bring a life sentence.
This case is just incredible, no one could even begin to make this stuff up. What a monster he is.


nlocker   June 24th, 2010 2:35 pm ET

His attorney is definitely not doing him any favors with all these complaints. There is enough evidence, even without Joran's confession, to bury him. With that in mind, a good attorney would tell him to throw himself on the mercy of the court and hope for a mitigated sentence.


nlocker   June 24th, 2010 2:39 pm ET

Now that I think about it, Joran's CURRENT attorney seems to be working for the prosecution more so than the original attorneys that he's been pointing fingers at.. Surely he realizes that the more Joran obstructs the case, the worse his sentence is likely to be.

It certainly makes one wonder who this guy is REALLY working for, lol!


me341   June 24th, 2010 2:44 pm ET

Do the legal process again and they can convict him on evidence regardless. Let him go free and he will be killed the minute he steps out of that prison. Either way it's a win-win.


Me   June 24th, 2010 2:55 pm ET

By all means, please release him. Let him walk out the front door and into the waiting arms of all of Peru's citizens- WITHOUT the protection of prison, I am sure they will have a wonderful time "greeting" him.


carol kesling   June 24th, 2010 3:12 pm ET

is this going to be an instant REPLAY of aruban law ????? oh please !!!!!!! all the evidence will convict this vicious killer. he is a very dangerous person !!!


lotusjani   June 24th, 2010 3:13 pm ET

I agree with Joyce. Peru is not the US, laws are different, Urine is full of it and always has been. He is not going anywhere, has he forgotten his little act in the Hotel video? and his bloody shirt? and DNA under Stephany's fingernails? the bloody scene of the crime, blood everywhere! his dying his stupid hair blonde, escaping to Chile, the coffee cups little act? Stephany's father will move and remove anything but this creep ain't going anywhere! And Anita has washed her hands because there is nothing she can do about this, she knows her son is lost and he committed and awful crime, she has been watching the news! She knows just like she knows what happened to Natalie, another Cindy Anthony! yep!


April   June 24th, 2010 4:33 pm ET

There is no way the peruvian authority will let him out on bail, are we joking? The boy is in for a very long stay, I hope he enjoyes every minute of it. He is not even capable of acting sorry, nothing. Do you know why snakes don't bite lawyers? Professional courtesy!


vic   June 24th, 2010 4:51 pm ET

hes a known liar.. i don't believe anything he is saying about the confession and the peruivan police... hes just trying the same crap that got him out of trouble in aruba... i hope it doesn't work here.. i really don't think he would be safe out of prison right now in that country ... can he afford a security force? who's going to pay for his protection? will he flee back to aruba?


Andi   June 24th, 2010 5:13 pm ET

You would think on such a high profile case, everything would have been done precisely to protocol. Everything should have been documented, recorded, all legalities covered perfectly. If this guy gets away because of due process breaches, there is no justice in the world anywhere.


REM   June 24th, 2010 5:20 pm ET

Let him free. Take his passport away and give him no police protection. See how long he lasts.


Laura in Tampa   June 24th, 2010 7:34 pm ET

Van der Sloot is a dangerous murderer and a flight risk. This latest lie isn't going to encourage a Peruvian judge to turn him loose on the public.

They have the security film of him going into the hotel with the girl, and no one else entering or exiting the room other than Van der Sloot. They have her dead body, and his bloody shirt, and he had her $5000 after fleeing the scene.

They don't need the confession. It doesn't take a nuclear scientist to figure out it wasn't Mrs. Magoo in the dining room with a candlestick!


Maile   June 24th, 2010 10:06 pm ET

If he is released, he is a dead man.Guaranteed.


Elisa Dutch   June 25th, 2010 4:55 am ET

van der Sloot played the same game in the Netherlands and on Aruba..He learned this from his daddy a beginning JUDGE ..who said NO BODY..NO CASE!!
But the case is there now and Peru wil show that they wil find the right justice for this murder


nlocker   June 25th, 2010 10:58 am ET

It's too bad Paulus VDS didn't live long enough to see the latest result of his decision to help his murdering son escape responsibility and punishment in the Natalee Holloway case.

That arrogant jerk needed to live long enough to see that he enabled Joran to become a multiple-murderer.

Death was too good for Joran's dad, he deserved to suffer the wrath of the world for his complicity in the Holloway case and, by extension, Stephany's brutal murder.


Aracelly Fowlks   June 25th, 2010 2:59 pm ET

I would like to know if the Flores family can appoint a private attorney to go against Joran Van Der Sloot as it seems that his attorney is fightinng back technicalities. With all the evidence we have heard and seen from the hotel room, Stephany's autopsy report and his confession, even though it did not have a sincere truth, there is enough to charge him and convict him of this horrendous crime.
With regards to his motives, they have: robbery of her money earned at the casino, her car, and his attempt to have sex with her against her will. He was desperate for money, he had the intention to kill her to obtain another "trophy" in his criminal career. He extorted money from Natalee Holloway's mother in order to make it to Colombia, Peru, Vina del Mar, and other South American countries that were in his list.
It is obvious that his "profession" was to find prospective victims in the casinos he frequented, he is addicted to gambling, alcohol, and crime. These three things are the priority in his life and he believes there is always a way to get above the law finding the right defense.
If he was threatened by Peruvian authorities, he deserves it, if he was told that his confession would give a green light to avoid prison and flee to the Netherlands, he deserves every trick he claims they used to make him confess, His confession does not include everything he did to kill her. He mentioned he remembered what he did but not the motive. The motive is quite obvious. I hope he is sent to Gurigancho where he will not be freed ever.


nathalie   June 25th, 2010 7:12 pm ET

if some should take some more time to go deeper into this story, then many will notice, is something simulair like... princess diana.


DEB   June 25th, 2010 9:17 pm ET

he knows hes going down... hes just going down fighting like the man..LMAO...HE THINKS HE IS


janey   June 26th, 2010 10:43 pm ET

He is so obviously a sociopath/pschopath and is extremely manipulative, deceptive and dangerous. I hope and believe that Peru will not allow him to manipulate their justice system. Aside from the horrible tragedy for Stephony, the one silver lining is that Joron did break the law and get caught with overwhelming evidence in Peru. As a result, he won't have all the benefits of U.S. jail. I think we should be much harder on criminals. It may detour them more effectively. I think it is justice he will be in jail in Peru and I hope they send him to the worst one. This guy is a spoiled brat who feels entitled to whatever he wants, in addition to being a very dangerous criminal.


Svelte Bat   June 27th, 2010 10:22 am ET

He will never tell where Natalee Holloway's body is because his so-called confession in the Netherlands is probably nearest to the truth. He had a friend take her body two miles from the beach and dump it into the ocean. He doesn't know where her body is. Beth Holloway needs to call up the Flores family and tell them to pay the $100.00 and end this fiasco once and for all.


Dorothy   June 28th, 2010 11:54 am ET

If this guy were to walk out of prison, then the Holloway family, Stephany's family, and a lot of people who would stand in line to beat the hell out him would be there to greet him at the gates!


Bob   June 28th, 2010 1:26 pm ET

As long as the defense attorney is willing to put Van der Sloot up at his house along with all of this attorney's most treasured female friends to stay there too...


patricia scharf   June 29th, 2010 2:44 pm ET

in a nut shell, this guy is a serial killer. I'm sure before Natalie he's done something like this ( rape) maybe has killed before. And after Natalie, because he was set free, he became so confident and thinks he is untouchable. I think he likes the publicity ( when everything goes his way). If he goes free , again..he'll just do it again and again. My opinion: put him away and that will be that.. death penalty. People like this can not be walking around.


steve white   June 29th, 2010 2:51 pm ET

this man will never,never go free, the law of the land we get him if the courts don't. The people in US will not let this go, this other country could, but no way the people of the UNITED STATES will. He's a dead man walking


JudyB   July 3rd, 2010 1:33 am ET

If they give him bail he will take off and I'm sure his is a on a road of a serial killer killing young women. Too many lawyers and too much talk. I which they could hang him. He doesn't deserve to live.



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