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01/17/2008 12:15 PM ID: 67717 Permalink   

US: Man Who Served Jail Sentence for Murder Re-Charged With Same Murder


California: Superior Court Judge William McGrath has given the go ahead for a murder trial despite the fact that the defendant has already been convicted of the crime he is being charged with and has served a jail sentence for it.

Celestino Martinez murdered his wife in the United States and fled to Mexico. He was arrested by Mexican authorities, convicted of the murder, and sentenced to six years in prison.

Upon returning to the US he was arrested and re-charged with the murder. He faces a sentence of 25 to life if convicted. Martinez's lawyer argued for the case to be thrown out, claiming the constitution protects her client against double jeopardy.

    WebReporter: ixuzus Show Calling Card      
ASSESS this news: BLOCK this news. Reason:
You only get 6 years for murder in Mexico?

Maybe they could compromise and make him do the other 19 years to top it up to 25!
  by: TabbyCool     01/17/2008 01:09 PM     
That sounds kinda unfair, although, he is a murderer so I'm afraid I have little sympathy. If he doesn't like it, he shouldn't have killed his wife I guess.
  by: Maxx20     01/17/2008 01:37 PM     
Ok. Couple questions if anyone can answer them.
1. Why was he tried in Mexico for a crime committed in another country?
2. Why did the authorities not request extradition for him?

I feel that if they didn't ask for him to be brought back to be punished then they must have felt that Mexican justice would be good enough.
  by: qwerty017   01/17/2008 02:02 PM     
  Triumph for the justice system  
A lot of countires have laws where you dont have to be there to commit a crime.
If I sailed into international waters and hacked a bank, on my return I'd be arrested.

Its possible mexico refused to extradite him till he served his sentance
  by: AnsweringQuestions     01/17/2008 02:18 PM     
  More information

I get it. He was Mexican national. I thought he was a United States citizen. Also, why did he come back? Especially to California.
  by: qwerty017   01/17/2008 02:32 PM     
  not a us Citizin  
so why should he have the bennifits?
  by: zortona   01/17/2008 02:52 PM     
What? You mean like, the benefit of a trial? If you want to apply your laws foreign nationals, then you should apply all of them. What's the point of guaranteeing rights to your citizens if you don't believe that everyone deserves them?
  by: Fratley   01/17/2008 04:15 PM     
  your laws to foreign nationals, even  
  by: Fratley   01/17/2008 04:16 PM     
  Foreign Nationals  
Are not protected by the constitution. In fact the constitution is basically now void since spitting on the sidewalk can make you an enemy combatant in the eyes of the government.
  by: Tetsuru Uzuki     01/17/2008 05:56 PM     
  Not double jeopardy  
Mexico does what it does. The US has its own rules. I poredict US will get to try him for this offense, regardless of what Mexico does or did do.

As far as Mexico charging him is concerned, they can do that. After all, we feel perfectly free to charge any American citizen with crimes committed outside the US: e.g., Child Molestation/rape/porn.

This man seems to have doen wrong, and will likely pay for it. Again.
  by: LeePIII   01/17/2008 07:42 PM     
If he can end a human life he should forefit his own. She just can't come back to life now can she, so why should he be free?
  by: captainJane     01/17/2008 08:26 PM     
I think 6 years in a Mexican prison is enough. I would rather serve life in prison in the US, than 2 years in a mexican one.

"(In the prison, there were a) lot of drugs, (a lot) of prostitution, no sanitation, no (flushing) toilets, no showers, no running water and cockroaches," Wilson said.

Overcrowding of prisons is chronic. Mistreatment of prisoners, the lack of trained guards, and inadequate sanitary facilities compound the problem.
  by: tellgar     01/17/2008 09:21 PM     
  American Citizenship  
If he was not,then the constitution does not apply tohim. Of course, thanks to Bush and the Clintons, it doesn't apply toanyone else, either. What a shame. Take back your rights, America. ...or continue to drink your fluoridated water, watch American Idol and be lead to slaughter.
  by: BikerDude   01/18/2008 12:36 AM     
  @Tetsuru Uzuki  
Don't you think that's a bit irrelevant though? If you're guaranteeing your own citizens certain rights, it should be because you believe in those rights as a matter of fundamental human decency or whatever. I can't think of another respectable reason.
  by: Fratley   01/18/2008 01:20 AM     
  Um ... too bad ...  
Martinez committed a murder in the U.S. and fled. The U.S. court probably considers whatever he did while he was a fugitive from justice to be immaterial.
  by: l´anglais     01/18/2008 05:38 AM     
I'm not sure I consider "being in jail" something "he did while he was a fugitive from justice".
  by: Fratley   01/18/2008 03:24 PM     
  Doesnt Apply  
Double Jeporady wouldnt apply in this case and the case will continue. He was not previously convicted in this country and therefore he has never officially answered for his crime here.
  by: truhawg   01/18/2008 04:50 PM     
Maybe YOU wouldn't, but the courts do. That's the law.
  by: LeePIII   01/18/2008 04:56 PM     
Does 'double jeopardy' apply if you served a sentence in another country then? Because I don't think that would make sense.
  by: ImportFanaticR34   01/18/2008 07:23 PM     
  It's not that hard to understand!  
If you commit a crime in the U.S., you are legally submitted to the U.S. justice system's process.

If you ran from U.S. justice, whatever you did in another country -- even going to jail -- has no bearing. You're still bound to be tried by the U.S. justice system in the event that you're incarcerated by U.S. law enforcement.

For a more extreme example, let's say it was discovered that bin Laden had been imprisoned by the Taliban for the 9/11 attacks. Would the U.S. say, "OK, he did his time"? No, the U.S. will pursue bin Laden until he is dead or made to stand trial by the U.S. legal system for masterminding 9/11. The U.S. may (for some stupid reason) one day decide to stop looking for bin Laden, but his legal status in the U.S. will never be resolved until he is dead or made to stand trial under U.S. authority.
  by: l´anglais     01/18/2008 08:55 PM     
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