VILLAHERMOSA-TEAPA FREEWAY, TABASCO
TRUCK BURNS IN MAJAHUA
A NETFLIX DOCUMENTARY SERIES
RESEARCHER AND DOCUMENTARY MAKER
DEFENSE LAWYER
PUBLIC TRIAL HEARING FEBRUARY 26TH, 2018
-You may continue. -Thank you.
Please, address the court.
Are the people that tried to deprive you of your freedom here?
Victim, you may answer.
MR. ACP PROSECUTION WITNESS
No… yes.
There…
On the left, there is…
Juan Luis.
In the middle, Héctor.
And then…
And then, Gonzalo.
Are you aware that lying in court is a crime?
No, could you repeat that?
Are you aware that lying in court is a crime?
Yes, I am.
Is it true that the person
that allegedly pointed at you with a gun
stuck his hand through your truck's window?
Well, yes and no, because he didn't manage to--
Yes or no, please, sir.
Yes.
He reached through the passenger window, right?
Yes.
When you shot, the bullet hit his right hand.
I didn't want to hit him, just scare him.
My intention wasn't to hurt him.
It was an accident.
I think the bullet hit his hand, but I'm not sure, I didn't see.
Please, tell the court why you had that gun on you.
It's a .22 caliber pistol
that a friend gave me to work on.
Do you have a permit for that type of firearm?
Yes, your Honor. I have a permit
for a .22 caliber.
Isn't it so that you don't have a permit
to carry that particular .22 pistol that your friend gave you?
Yes, I think so… I guess.
You guess.
I don't know, The defense told me it wasn't carrying,
that I had registered it.
Are you aware it is a crime to carry a gun without a permit?
-I have various-- -Sir, yes or no?
-Carrying it is a crime, yes. -Yes or no, sir.
Honorable court, may I make a request?
Yes?
Can the victim take five minutes?
He's getting unsettled.
-Just so he calms down. -Does he qualify?
He is telling me his brain hurts.
That's why I want the five minutes,
so he can relax and properly answer the questions.
[judge 2] Prosecution?
Your Honor, this social worker points out
that the victim suffers from hypertension
and that apparently, a few days ago, he presented unstable angina.
Very well. Defense?
Your Honor, we have no evidence
that those statements are true.
He was responding just fine.
The questions got uncomfortable
and started affecting their case
and, all of a sudden, he needs time to be able to think about his answers.
We don't see a justification for their request.
And as you can see yourselves, nothing was happening to him
when the psychologist interceded.
Mr. ACP, what do you have to say?
I was in bad health in November. I--
I mean about right now.
Well…
Let's continue.
You're in good condition to continue?
Yes, I'd like to get it over with.
Isn't it that you never showed to any authority
the registration permit for the pistol you used to shoot Mr. Héctor?
Yes or no, please.
Mr. ACP, yes or no, please.
I showed it to the DA.
So you showed the permit to the DA. Correct?
Mr. ACP, I'm asking you a question. Please, answer.
No.
[Andrés, surprised] No?
No. Actually, I told her about it.
I can't say things that aren't true.
You did not hand over the gun to the authorities. Correct?
Mr. ACP, please, yes or no?
No.
Nothing further.
-Muñoz Muñoz, Héctor. -Here!
GONZALO'S SISTER
1,233 DAYS IN PRISON THE VERDICT
Okay. Having debated
within the time frame established by our legislation,
I will now give the floor to my fellow judge
to read out the ruling
this court of prosecution has, uh… decided on.
This court has unanimously decided
to rule against Juan Luis López García,
Héctor Muñoz Muñoz and Gonzalo García Hernández,
based on the accusation made by the public prosecutor's office
in the criminal case 33, from 2015,
of attempted aggravated kidnapping
of ACP.
Regarding the criminal responsibility
of the accused, Héctor Muñoz Muñoz, Gonzalo García Hernández
and Juan Luis López García,
we believe it was proved beyond doubt
through the logical and legal correlation of the evidence provided.
Against the accused, we have the testimony of ACP, the victim,
and of the eyewitness, ACC.
With their spontaneous, chronological and detailed statements,
they demonstrated before this court
the behavior of each of the accused men.
We deem irrelevant
the statement of Dr. Edward Charles Alexander Worrall González
about the reconstruction of the events of September 9th, 2017.
NEW CRIMINAL JUSTICE SYSTEM IN TABASCO
They said we'd be released.
To hell with that. I can't believe it.
I can't believe what they are doing.
No. I think if we had lied, we'd be free by now.
STATE POLICE
SENTENCE SEPTEMBER 17TH, 2018
For being found criminally liable for attempted aggravated kidnapping,
they will be sentenced according to articles 9, first section, paragraph A,
and 10, first section, paragraphs A, B and C in Kidnapping Law.
Each are sentenced to three years, six months in prison
and a fine of 200 days, from the date of this sentence being declared in force,
and the days they have been imprisoned
will be deducted from said sentence.
Mr. Juan Luis López García,
Héctor Muñoz Muñoz and Gonzalo García Hernández,
do you have anything to say? Any questions?
-No. -Sir?
-No, nothing. -Sir?
PRISON GUARD
STATE GENERAL ATTORNEY OF TABASCO
APPEAL PRESENTATION
APPEAL COURT
The defense considers that the sentence was appropriate.
The sentencing court correctly applied
article 63.
This hearing is now over.
And in this case, all parties, in the terms of article 63 of said code,
are hereby notified.
EXECUTION COURT CRIMINAL PENALTIES IN TABASCO
The one standing up grabbed my head and hit me.
"Don't even fucking move!"
I told him, "I can't breathe. I can't."
But they wanted me to say something that wasn't true.
I think there were a few of them,
because one held my hands, like this, subdued.
One had his…
his knee on my chest.
There was a row of bikes, and more above.
They left me there, on my knees, kind of hanging.
Since I was taken there until about five in the morning,
I was kept there.
On my knees.
I didn't sleep, didn't drink any water.
LAWYER AND RESEARCHER
HEARING ROOM
After a while, they came back.
Again, they put the bag on my head.
I kept telling them I didn't know those men
they wanted me to accuse.
I said, "How can I accuse someone I don't know?"
1,914 DAYS IN PRISON SEPTEMBER 22ND, 2020
ABSOLVED
AS OF PRODUCTION,
HÉCTOR, GONZALO AND JUAN LUIS HAD SPENT 2,268 DAYS IN PRISON
AND THE CONSTITUTIONAL APPEAL THAT COULD GIVE THEM THEIR FREEDOM
HAD NOT YET BEEN EVALUATED.
NONE OF THE PUBLIC OFFICIALS INVOLVED IN THE CASE
HAVE BEEN INVESTIGATED FOR TORTURE.
MOST OF THEM ARE STILL ACTIVE, WITH GREATER POWER AND RESPONSIBILITIES.
WE THANK THE FAMILIES OF DARWIN, GONZALO, HÉCTOR AND JUAN LUIS.
EVA, MAYRA, MARINA, JUANA, MIGUELINA AND YAZMÍN.
TO MIGUEL SANSORES AND THE TABASCO INNOCENCE PROJECT.
TO THE ATTORNEYS ANDRÉS ANDRADE AND ALBERTO MAGAÑA.
TO IKER IBARRECHE, WHO TOOK OVER THE DEFENSE FROM 2020.
TO THE AUTHORITIES, CUSTODIANS AND INMATES WHO MADE FILMING POSSIBLE.
Subtitle translation by Julieta Gazzaniga