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.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Ecuador here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

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.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

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In unusual twist, Ecuador to try Luis Guaman in Brockton slayings of mother and toddler

April 30, 2012

Boston.com on April 25, 2012 released the following:

“By Maria Sacchetti, Globe Staff

On the eve of the trial of a man in Ecuador who is accused of killing a young mother and her toddler son last year in Brockton, an Ecuadoran prosecutor said his country is not a place for criminals to hide.

“We have to respect our constitution and our laws, but our laws also allow for him to be judged here,’’ said Rocio Polo, prosecutor in the city of Cuenca where Luis Guaman is being held. “This is not a refuge for criminals, and we have demonstrated that throughout these many months.’’

Guaman’s trial begins today in the Third Criminal Tribunal of Azuay in Cuenca after months of heated debate about his extradition.

The highly unusual case follows a 14-month stalemate between the United States and Ecuador about where Guaman should face trial for the bludgeoning deaths of Maria Avelina Palaguachi, 25, and her toddler son, Brian Caguana, in February 2011.

Plymouth District Attorney Timothy J. Cruz, with the support of US Senator Scott Brown and others, has demanded that Ecuador turn over Guaman using an existing extradition treaty between the two nations. Ecuadoran officials have refused, because their constitution forbids extraditing Ecuadoran citizens, and have implored American officials to help them prosecute him instead.

Polo said Ecuador has shown good faith by swiftly arresting Guaman after he fled the United States for his homeland, holding him for prosecution, and even conducting their own autopsies after the bodies were sent for burial last year.

Guaman, a 41-year-old roofer who was in the United States illegally, has pleaded not guilty, his lawyer said.

He flew to Ecuador using another man’s passport hours after the bodies were found in a trash bin behind the apartment they shared in Brockton. He was arrested a few days later and has been in jail since.

Bridget Norton Middleton, assistant district attorney in Plymouth County, said Tuesday that she did not know that Guaman’s trial was Wednesday. She said officials maintain that the trial should occur in Massachusetts because the crimes were committed here and because he would face stiffer penalties.

He could face life in prison, if convicted in Massachusetts, compared with a maximum of 25 years in Ecuador.

“The problem is that even if convicted under their system, Luis Guaman is not going to spend the rest of his life in jail,’’ she said. “Under their system, he’s going to be released someday, and the problem for this country is what do we do when he sneaks back into this country? How do we protect people here?’’

Italo Palacios, Guaman’s defense lawyer, said Guaman has steadfastly insisted that he had nothing to do with the deaths.

He said Guaman used another man’s passport to leave the United States because he had “some problems’’ in New York, including arrest warrants for allegedly kidnapping and assaulting his estranged wife, who lives in that state.

“He has said he has no participation in this lamentable event,’’ Palacios said of Guaman. “He said he never hurt Maria Palaguachi and little Brian Caguana. He left Massachusetts and said goodbye to them to go to Ecuador.’’”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Ecuador here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

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.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email: