June 24, 2010
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
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