Ecuador’s ambassador calls for Bristol prosecutors to turn over evidence in Brockton slayings; warns of appeal by Luis Guaman

May 18, 2012

The Boston Globe on May 18, 2012 released the following:

“By Maria Sacchetti, Globe Staff

Ecuador’s ambassador to the United States this week rejected US Senator John F. Kerry’s request to extradite a man accused of a Brockton double murder, and urged Kerry to support Ecuador’s decision to prosecute him there, according to a letter released to the media today.

Ambassador Nathalie Cely said in a letter to Kerry that Ecuador had worked “tirelessly” to obtain evidence from Massachusetts prosecutors needed to keep Luis Guaman in prison in Ecuador, where the constitution bars extradition of Ecuadoran citizens.

An Ecuadoran court last month convicted the 42-year-old roofer for the February 2011 murders of a mother and son in Brockton, based largely on the evidence outlined in the US extradition request, and sentenced Guaman to 25 years in prison.

Guaman’s defense lawyer has appealed, and he has pointed out during the trial that Massachusetts prosecutors did not send any physical evidence to bolster the case.

Cely wrote Kerry that Ecuadoran prosecutors cannot violate the nation’s constitution, but in letter, which was dated Tuesday, she urged Kerry to help secure evidence that would “guard against any potential appeal.”

“While I appreciate your disappointment about the decision to not extradite Mr. Guaman, I hope that you will consider supporting my government’s effort to obtain the evidence requested from the Massachusetts judicial authorities so that we can ensure he remains incarcerated for his full sentence,” she wrote to Kerry.

Cely was responding to a May 10 request by Kerry, who chairs the Senate Committee on Foreign Relations, that Ecuador return Guaman to Massachusetts. Kerry, who joined Plymouth District Attorney Timothy J. Cruz and Senator Scott Brown in calling for the extradition, had expressed concern that Guaman could be freed in as little as 10 years, though the presiding judge in Guaman’s case said they expected him to serve the vast majority of his sentence.

In the letter, Cely pointed out that Ecuador has a long record of “active and ongoing” cooperation with the United States, including combating drug trafficking, terrorism, and human smuggling. She said Ecuador helped capture six Pakistani citizens involved in human trafficking last year.

Guaman, who lived in the United States illegally for almost two decades, has been indicted in Plymouth County for the bludgeoning deaths of his housemates Maria Avelina Palaguachi, 25, and her 2-year-old son Brian. He left the United States using another man’s passport hours after their bodies were found in a trash bin behind their house.

Cruz refused multiple requests from Ecuador to send evidence to bolster their case and called the trial a “sham.” Cruz has said that Ecuador’s constitution violates its preexisting extradition treaty with the United States and called for economic sanctions against the South American nation.

Cruz has also pointed out that Guaman would face a stiffer penalty of life in prison without parole in Massachusetts, if convicted.”


Douglas McNabb – McNabb Associates, P.C.’s
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We previously discussed the extradition treaty between the United States and Ecuador here.


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Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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