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VILLAHERMOSA-TEAPA FREEWAY, TABASCO
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What we do is very delicate and dangerous.
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We wanted to take advantage
of this moment to make this public,
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because that's how things should be done,
in a public and transparent manner.
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Last Sunday, there was an incident
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in which myself and a few others
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who are taking part in this trial,
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experts that were assigned
to assess one of the cases
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that were shown here
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and that Roberto has been recording…
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What happened was
that the vehicle we were in,
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suddenly, completely out of the blue,
stopped dead.
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It had an electrical-mechanical failure.
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We had to pull over and, immediately,
out of nowhere, it caught fire.
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Smoke started coming out of the engine.
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"That's odd," I thought.
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The power steering got stuck.
I couldn't move the steering wheel.
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That's not normal,
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because even in hydraulic systems,
you can always move it.
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This one didn't move.
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This made us think
it was something else.
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Of course, given our line of work,
we started hypothesizing
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about what it could have been.
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What seemed more likely
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was that someone, a third party,
had altered something in the car.
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We will inform
the corresponding legal authorities,
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and we will investigate every possibility
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to determine what caused the incident.
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But we'd appreciate if the media
refrained from publishing conclusions.
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We saw an article that stated
the fire was caused by a short circuit.
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In my opinion and the experts' opinion,
that was not the case.
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The van was locked,
all the doors and the trunk,
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making it impossible to get out.
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Luckily, we were able
to force the doors open.
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I was in the front
and pushed one door open.
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Everyone got out
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and a few seconds later,
the car was in flames.
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When you shine a light on shadows,
the shadows disappear.
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So making this public knowledge,
what happened to us,
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should keep it from happening again.
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There was a point where we thought,
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"They will abandon us.
They will drop the case
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and things will get harder
and harder for us."
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A NETFLIX DOCUMENTARY SERIES
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I think ACP
is an indirect victim of crime.
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He's from a community
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where kidnappings were commonplace,
they happened all the time.
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He probably felt he was at risk
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of suffering the same fate.
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Here we have a person
whose brother, days before,
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was a victim of an attempted kidnapping.
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GLP, his sister, was in fact kidnapped.
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And Mr. ACP…
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We have to understand his emotional state.
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If you have been through
these types of situations,
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and see someone approaching your car,
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sure, you'll probably think
they want to kidnap you
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or even kill you.
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That is understandable.
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And when you comprehend that aspect,
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you begin to understand that it's possible
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that things may have happened
the way we told them.
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PUBLIC TRIAL HEARING
FEBRUARY 26TH, 2018
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-You may continue.
-Thank you.
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Please, address the court.
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Are the people that tried to deprive you
of your freedom here?
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Victim, you may answer.
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MR. ACP
PROSECUTION WITNESS
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No… yes.
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There…
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On the left, there is…
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Juan Luis.
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In the middle, Héctor.
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And then…
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And then, Gonzalo.
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Are you aware
that lying in court is a crime?
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No, could you repeat that?
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Are you aware
that lying in court is a crime?
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Yes, I am.
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Is it true that the person
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that allegedly pointed at you with a gun
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stuck his hand through
the window of your van?
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Well, yes and no,
because he didn't manage to--
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Yes or no, please, sir.
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Yes.
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He reached
through the passenger window, right?
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Yes.
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The only photos in the investigation file
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showed that the passenger window
was shattered.
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That means it had been closed.
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And he broke it
when he shot from the interior.
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And when you shot,
the bullet hit his right hand.
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I didn't want to hit him, just scare him.
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My intention wasn't to hurt him.
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It was an accident.
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I think the bullet hit his hand,
but I'm not sure, I didn't see.
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Please, tell the court
why you had that gun on you.
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It's a .22 caliber pistol
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that a friend gave me to work on.
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Do you have a permit
for that type of firearm?
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Yes, Your Honor. I have a permit
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for a .22 caliber.
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Do you have a permit
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to carry that particular .22 pistol
that your friend gave you?
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Yes, I think so… I guess.
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You guess.
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I don't know, the defense told me
it wasn't for carrying,
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that I had registered it.
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Carrying a firearm,
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no matter the caliber
or if it is registered,
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without a permit, which is something else,
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is a crime.
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There is nothing that can legally justify
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that he had a gun
and shot someone that wasn't armed.
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Are you aware it is a crime
to carry a gun without a permit?
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-I have various--
-Sir, yes or no?
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-Carrying it is an crime, yes.
-Yes or no, sir.
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Honorable court, may I make a request?
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Go ahead.
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Can the victim take five minutes?
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He's getting unsettled.
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Just so he calms down.
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Does he qualify?
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He is telling me his brain hurts.
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That's why I want the five minutes,
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so he can relax
and properly answer the questions.
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Prosecution?
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Your Honor, this social worker points out
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that the victim suffers from hypertension
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and that apparently, a few days ago,
he presented unstable angina.
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Very well. Defense?
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Your Honor, we have no evidence
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that those statements are true.
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He was responding just fine.
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The questions got uncomfortable
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and started affecting their case
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and, all of a sudden, he needs time
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to be able to think about his answers.
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We don't see a justification
for their request.
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And as you can see yourselves,
nothing was wrong with him
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when the psychologist interceded.
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Mr. ACP, what do you have to say?
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My health was suffering in November. I…
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I mean about right now.
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Well…
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Let's continue.
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Do you feel you are able to continue?
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Yes, I'd like to get it over with.
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Did you ever show to any authority
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the registration permit for the pistol
you used to shoot Mr. Héctor?
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Yes or no, please.
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Mr. ACP, yes or no, please.
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I showed it to the DA.
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So you showed the permit
to the DA. Correct?
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Mr. ACP, I'm asking you a question.
Please, answer.
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No.
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No?
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No. Actually, I just told her about it.
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I can't say things that aren't true.
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You did not hand over the gun
to the authorities. Correct?
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Mr. ACP, please, yes or no?
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No.
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Nothing further.
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-When is the hearing?
-On September 7th, at 8:15.
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In a month.
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That's what's been happening.
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As long as the civil servants
don't change their way of thinking,
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or are more socially aware…
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The prosecution just says,
"One more month, no problem."
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And we've told them,
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"It's not a problem for you
because you're free."
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"After three years in prison,
one day, one hour, one month is a lot."
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As they say, time feels different
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depending on which side
of the bathroom door you're on.
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Please, enter your inmate
identification number.
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Please wait while your call
is being redirected.
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Our parents are the ones
who have supported us the most.
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Our mothers.
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Aside from them, there's nobody.
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It's been so long since I saw the kids.
You haven't visited in a month.
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We took them in December.
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Right, that's what I mean. December…
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January, February, March.
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It's been some time.
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Come on!
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-It will be December soon.
-Your time is over.
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Damn!
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The first nine months, everyone shows up.
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They are all there for you.
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After nine months,
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after the first year, they disappear.
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The days go by
and they start forgetting you.
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I had a lot of friends,
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where are they?
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I have none left.
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-Muñoz Muñoz, Héctor.
-Here!
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If I hadn't received any visitors here…
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I don't think
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I would have lasted this long.
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Honestly.
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No, we can't visit him often,
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because I have my two daughters.
203
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I have school expenses.
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And my parents live far away.
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My parents, in order to visit him,
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have to spend almost a thousand pesos
just on the bus tickets.
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Just the tickets.
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And if both of them come, it's more.
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And my mom
has to take care of my three nephews.
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I tell my mom not to come,
211
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but her love is always…
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She always wants to be with me,
she wants to visit me.
213
00:14:06,011 --> 00:14:09,932
And I know
how much it hurts her to see me here.
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00:14:20,484 --> 00:14:25,698
1,233 DAYS IN PRISON
THE VERDICT
215
00:14:32,329 --> 00:14:36,542
I think one of the problems we face
is the amount of time
216
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that's gone by since all this started
in February,
217
00:14:39,753 --> 00:14:42,131
then it was deferred to March,
218
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and now it's September.
219
00:14:44,133 --> 00:14:45,885
It's a six-month public trial.
220
00:14:46,468 --> 00:14:49,805
There have been
huge gaps between hearings.
221
00:14:49,889 --> 00:14:51,974
The judges lose any sense of immediacy
222
00:14:52,057 --> 00:14:54,852
and they don't feel the same emotion
223
00:14:54,935 --> 00:14:57,646
they felt when the witnesses testified.
224
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What is your feeling…?
225
00:14:59,106 --> 00:15:03,819
We are very calm and confident
about our performance.
226
00:15:03,903 --> 00:15:05,905
If they follow the law,
227
00:15:05,988 --> 00:15:07,615
they can't find them guilty.
228
00:15:07,698 --> 00:15:12,119
I think I'm emotionally
and mentally prepared
229
00:15:12,202 --> 00:15:14,997
to see him released today.
230
00:15:15,706 --> 00:15:18,667
But for the other outcome,
I'm not prepared, no.
231
00:15:18,751 --> 00:15:21,378
"If they set us free, what will I do?"
232
00:15:21,462 --> 00:15:23,547
I'll run to my family and hug them,
233
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I'll jump for joy, I don't know.
234
00:15:26,550 --> 00:15:28,218
But I want to hear it first.
235
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I got up a bit earlier than usual.
236
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I had a shower, I fixed my hair.
237
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We got ready for the public trial.
238
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But when we sat down
and the judges started coming in,
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I saw their faces…
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The three of them looked at us
241
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and I saw in their expression…
242
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that they were pissed off.
243
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It had been a discontinuous process.
244
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The hearings had been interrupted.
245
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But the most alarming thing
246
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was that at the time of the verdict,
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one of the judges of the court
had been replaced by a new one.
248
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It wasn't the same court anymore.
249
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One court heard the evidence,
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00:16:24,984 --> 00:16:26,944
and another court will decide.
251
00:16:27,695 --> 00:16:30,572
I remember clearly
the attitude of the judges.
252
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They didn't look comfortable
with their decision.
253
00:16:34,994 --> 00:16:38,455
They were not convinced
of what they were saying.
254
00:16:40,916 --> 00:16:42,710
Okay. Having deliberated
255
00:16:42,793 --> 00:16:47,840
within the time frame
established by our legislation,
256
00:16:47,923 --> 00:16:51,051
I will now give the floor
to my fellow judge
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to read out the ruling
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00:16:53,387 --> 00:16:57,766
this trial court has decided on.
259
00:16:58,559 --> 00:17:00,936
I felt something was wrong.
260
00:17:01,979 --> 00:17:03,063
I thought…
261
00:17:04,523 --> 00:17:05,899
"We're not leaving."
262
00:17:05,983 --> 00:17:08,193
This court has unanimously decided
263
00:17:08,277 --> 00:17:10,738
to rule against Juan Luis López García,
264
00:17:10,821 --> 00:17:13,741
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
265
00:17:13,824 --> 00:17:17,411
based on the accusation
made by the prosecutor's office
266
00:17:17,494 --> 00:17:20,414
in the criminal case 33, from 2015,
267
00:17:20,497 --> 00:17:23,542
of attempted aggravated kidnapping
268
00:17:23,625 --> 00:17:24,960
of ACP.
269
00:17:25,044 --> 00:17:25,961
I felt cold.
270
00:17:26,045 --> 00:17:28,547
I had goosebumps.
271
00:17:29,173 --> 00:17:31,884
When we got the news,
272
00:17:33,177 --> 00:17:36,055
I forgot about the cold, about everything.
273
00:17:37,139 --> 00:17:38,098
Because…
274
00:17:39,183 --> 00:17:41,226
I had this idea…
275
00:17:43,228 --> 00:17:44,772
that I'd get out
276
00:17:45,647 --> 00:17:49,068
and find a job quickly, for my kids.
277
00:17:49,151 --> 00:17:51,361
Regarding the criminal responsibility
278
00:17:51,445 --> 00:17:54,948
of the accused, Héctor Muñoz Muñoz,
Gonzalo García Hernández
279
00:17:55,032 --> 00:17:56,700
and Juan Luis López García,
280
00:17:56,784 --> 00:17:59,286
we believe it was proved beyond doubt
281
00:17:59,369 --> 00:18:03,791
through the logical and legal correlation
of the evidence provided.
282
00:18:03,874 --> 00:18:05,918
I remember we were mad,
283
00:18:06,001 --> 00:18:07,711
because, for starters,
284
00:18:07,795 --> 00:18:10,506
they had decided
the crime was a proven fact.
285
00:18:10,589 --> 00:18:12,424
We were like, "Wait a minute."
286
00:18:12,508 --> 00:18:16,303
For us, there wasn't any proof
of an attempted kidnapping.
287
00:18:16,386 --> 00:18:19,139
We started realizing
this wasn't going well
288
00:18:19,223 --> 00:18:23,310
as soon as the judge
started explaining the verdict.
289
00:18:23,393 --> 00:18:27,564
Against the accused,
we have the testimony of ACP, the victim,
290
00:18:27,648 --> 00:18:30,025
and of the eyewitness, ACC.
291
00:18:30,109 --> 00:18:33,779
With their spontaneous,
chronological and detailed statements,
292
00:18:33,862 --> 00:18:35,989
they demonstrated before this court
293
00:18:36,573 --> 00:18:40,160
the behavior of each of the accused men.
294
00:18:40,244 --> 00:18:41,787
We deem irrelevant
295
00:18:41,870 --> 00:18:45,666
the statement of Dr. Edward Charles
Alexander Worrall González
296
00:18:45,749 --> 00:18:50,003
about the reconstruction of the events
of September 9th, 2017.
297
00:18:50,087 --> 00:18:52,089
In the public trial,
298
00:18:52,172 --> 00:18:56,593
they decided to completely ignore
the reconstruction of events
299
00:18:56,677 --> 00:18:59,263
performed by the experts
300
00:18:59,346 --> 00:19:03,016
because they hadn't carried it out
with the exact same van,
301
00:19:03,100 --> 00:19:05,102
on the same day, at the same time.
302
00:19:05,185 --> 00:19:06,895
That had no influence at all,
303
00:19:06,979 --> 00:19:08,480
because we were assessing
304
00:19:08,564 --> 00:19:12,526
the trajectory of the bullet
that came out of the firearm,
305
00:19:12,609 --> 00:19:13,986
the injury it caused,
306
00:19:14,069 --> 00:19:17,156
and if it is consistent
with the statements provided.
307
00:19:17,239 --> 00:19:18,907
All this taking into account
308
00:19:18,991 --> 00:19:22,369
that they are responsible
for proving the accused are guilty,
309
00:19:22,452 --> 00:19:23,745
not us their innocence.
310
00:19:28,167 --> 00:19:31,670
Andrés will tell you what will happen,
but this is not over.
311
00:19:31,753 --> 00:19:34,381
The sentence has no basis.
312
00:19:35,632 --> 00:19:36,550
I'm very sorry.
313
00:19:37,134 --> 00:19:43,182
NEW CRIMINAL JUSTICE SYSTEM IN TABASCO
314
00:19:44,808 --> 00:19:46,810
I can't take this any longer.
315
00:19:49,813 --> 00:19:51,607
They said we'd be released.
316
00:19:54,693 --> 00:19:57,613
To hell with that. I can't believe it.
317
00:19:58,655 --> 00:20:00,782
I can't believe what they are doing.
318
00:20:01,700 --> 00:20:05,287
No. I think if we had lied,
we'd be free by now.
319
00:20:06,914 --> 00:20:07,915
It's a joke.
320
00:20:07,998 --> 00:20:10,334
And what took them so long?
321
00:20:11,126 --> 00:20:12,169
We don't know.
322
00:20:12,252 --> 00:20:15,505
As I said,
probably because they were looking
323
00:20:15,589 --> 00:20:18,217
for a way to justify finding them guilty,
324
00:20:18,300 --> 00:20:20,594
and twist everything we showed them.
325
00:20:20,677 --> 00:20:23,388
It's completely unbelievable
that they consider
326
00:20:23,472 --> 00:20:26,141
this crime proven
beyond any reasonable doubt.
327
00:20:42,866 --> 00:20:44,576
STATE POLICE
328
00:21:02,928 --> 00:21:06,974
Then there is the sentencing hearing.
329
00:21:07,057 --> 00:21:08,100
What is it for?
330
00:21:08,183 --> 00:21:12,479
In this hearing,
you are told how many years you'll serve.
331
00:21:13,146 --> 00:21:16,149
That first day, we were pissed off.
332
00:21:16,233 --> 00:21:19,361
We came back here, disheartened.
333
00:21:20,070 --> 00:21:26,410
We were thinking
we would have to serve many years.
334
00:21:29,579 --> 00:21:36,545
SENTENCING
SEPTEMBER 17TH, 2018
335
00:21:56,815 --> 00:22:01,445
I saw them looking ashamed, embarrassed.
336
00:22:02,070 --> 00:22:05,574
And in the end, when we found out
337
00:22:05,657 --> 00:22:10,954
what the sentence was,
how many years they were getting,
338
00:22:12,539 --> 00:22:15,751
there were a series of looks
that, to me, seemed to say,
339
00:22:16,376 --> 00:22:20,047
"Okay, now at least
this makes it a bit better."
340
00:22:20,130 --> 00:22:22,007
For being found guilty
341
00:22:22,090 --> 00:22:24,885
of the crime
of attempted aggravated kidnapping,
342
00:22:24,968 --> 00:22:28,930
you shall be sentenced according
to article 9, first section, paragraph A,
343
00:22:29,014 --> 00:22:32,184
and article 10, first section,
paragraphs A, B and C
344
00:22:32,267 --> 00:22:34,186
regarding kidnapping.
345
00:22:34,269 --> 00:22:37,856
Each of you will serve
three years and six months in prison,
346
00:22:37,939 --> 00:22:39,107
and 200 days as a fine,
347
00:22:39,191 --> 00:22:41,109
from the date this sentence
348
00:22:41,193 --> 00:22:43,945
is declared in force.
349
00:22:44,029 --> 00:22:49,576
However, the days you've been deprived
of your freedom pre-trial
350
00:22:49,659 --> 00:22:51,286
will be deducted.
351
00:22:53,205 --> 00:22:57,501
"Did I hear correctly?"
"Three years, six months?"
352
00:22:57,584 --> 00:23:00,837
I looked at the lawyers
and they were like, "You're free!"
353
00:23:02,130 --> 00:23:06,218
We had already been in prison
for three years and six months.
354
00:23:06,843 --> 00:23:10,430
The sentence was short,
as to say, "That's enough now."
355
00:23:11,223 --> 00:23:13,975
Three years, six months,
and see you later.
356
00:23:14,059 --> 00:23:17,270
I was happy, yes, but I was also thinking,
357
00:23:18,063 --> 00:23:21,441
"But now I'll have a criminal record."
358
00:23:25,278 --> 00:23:26,363
Please.
359
00:23:26,446 --> 00:23:27,781
Thank you, guys.
360
00:23:27,864 --> 00:23:29,199
Bye, thank you.
361
00:23:29,282 --> 00:23:31,451
-Sorry, I'm sweaty.
-Thank you.
362
00:23:31,535 --> 00:23:33,036
-Excuse me.
-See you!
363
00:23:33,662 --> 00:23:35,038
It wasn't all pure joy,
364
00:23:35,122 --> 00:23:38,250
because we were expecting them
to walk out immediately.
365
00:23:38,333 --> 00:23:44,172
But we were comforted
thinking it would only be months now.
366
00:23:44,256 --> 00:23:46,049
Or days, let's say.
367
00:23:46,133 --> 00:23:47,884
Mr. Juan Luis López García,
368
00:23:47,968 --> 00:23:50,762
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
369
00:23:50,846 --> 00:23:54,433
do you have anything to say?
Any questions?
370
00:23:54,516 --> 00:23:55,392
No.
371
00:23:55,475 --> 00:23:56,977
-Sir?
-No, nothing.
372
00:23:57,060 --> 00:23:57,894
Sir?
373
00:23:58,478 --> 00:24:00,647
Don't look down in shame!
374
00:24:01,314 --> 00:24:03,233
-Love you!
-They should be ashamed.
375
00:24:03,316 --> 00:24:05,402
-See you soon.
-Hold your head high.
376
00:24:17,873 --> 00:24:19,708
-Say bye.
-I love you.
377
00:24:19,791 --> 00:24:23,211
PRISON GUARD
378
00:24:31,261 --> 00:24:36,266
I think they saw that the evidence
was obviously in our favor,
379
00:24:36,349 --> 00:24:38,852
so their way of making it right was
380
00:24:38,935 --> 00:24:42,689
to sentence them,
and when the time to appeal is over,
381
00:24:42,772 --> 00:24:43,607
they can go.
382
00:24:44,191 --> 00:24:46,193
And that's what we did.
383
00:24:46,860 --> 00:24:48,403
Why fight,
384
00:24:48,487 --> 00:24:52,908
if the petition for appeal
will be a long process,
385
00:24:53,825 --> 00:24:56,995
when they are a couple of months
from being released?
386
00:24:57,078 --> 00:24:58,747
When it comes to my freedom,
387
00:24:58,830 --> 00:25:01,249
I want to be with my family, my son, now.
388
00:25:01,333 --> 00:25:02,250
So much time…
389
00:25:03,877 --> 00:25:06,546
they took away from me,
kept me away from him.
390
00:25:07,255 --> 00:25:09,132
I missed his childhood.
391
00:25:09,216 --> 00:25:11,134
Let's not appeal, let's just go.
392
00:25:11,218 --> 00:25:16,306
When they were sentenced
to three and a half years in prison,
393
00:25:17,182 --> 00:25:19,935
everyone was relieved and cheerful.
394
00:25:20,018 --> 00:25:22,145
"We won! They'll be out soon."
395
00:25:23,730 --> 00:25:26,816
But we saw the authorities
had malicious intentions.
396
00:25:26,900 --> 00:25:29,069
What worried me a lot
397
00:25:29,152 --> 00:25:33,156
{\an8}was that I had personally approached
the State General Attorney of Tabasco,
398
00:25:33,240 --> 00:25:34,407
{\an8}Fernando Valenzuela,
399
00:25:34,491 --> 00:25:37,410
{\an8}to talk about the incident
with Andrés' van,
400
00:25:37,494 --> 00:25:38,870
{\an8}and he hadn't investigated.
401
00:25:38,954 --> 00:25:41,164
He didn't investigate the incident.
402
00:25:41,248 --> 00:25:42,541
Nothing was done.
403
00:25:42,624 --> 00:25:44,918
The van disappeared.
404
00:25:45,001 --> 00:25:47,337
So I had a bad feeling about it.
405
00:25:47,420 --> 00:25:49,923
I think Andrés felt the same way.
406
00:25:50,006 --> 00:25:53,593
So both of us ended up leaving Tabasco.
407
00:25:53,677 --> 00:25:56,429
And the guys were left alone.
408
00:25:56,513 --> 00:26:02,519
Alberto Magaña continued working
on the case.
409
00:26:02,602 --> 00:26:05,480
Anyone would have left,
even if they meant well.
410
00:26:05,564 --> 00:26:07,524
"Fuck it, these bastards…"
411
00:26:07,607 --> 00:26:10,110
"I won't stay around
waiting to be killed."
412
00:26:10,193 --> 00:26:11,903
It's complicated, because…
413
00:26:13,989 --> 00:26:19,327
you try to detach yourself from emotions,
414
00:26:19,828 --> 00:26:21,454
because they affect you.
415
00:26:22,872 --> 00:26:24,082
But in the end…
416
00:26:24,916 --> 00:26:28,795
That day, that moment, was very tough.
417
00:26:28,878 --> 00:26:32,424
My four-year-old daughter
was desperately screaming,
418
00:26:32,507 --> 00:26:34,551
because she thought I was on fire.
419
00:26:35,468 --> 00:26:36,928
That was…
420
00:26:43,018 --> 00:26:45,145
And why did you stay for so long?
421
00:26:45,228 --> 00:26:48,898
Because someone has to act
to change this fucking country.
422
00:27:10,629 --> 00:27:12,339
We were one day away,
423
00:27:12,422 --> 00:27:15,967
and we thought, "That's it,
they won't appeal, we're free."
424
00:27:16,551 --> 00:27:18,428
We were so close to leaving.
425
00:27:19,638 --> 00:27:23,808
But on the very final day to appeal,
426
00:27:23,892 --> 00:27:25,560
the prosecution appealed.
427
00:27:25,644 --> 00:27:29,064
And one minute before time was up,
428
00:27:29,147 --> 00:27:33,026
and the time may already have been up,
429
00:27:33,109 --> 00:27:34,611
they appealed.
430
00:27:35,111 --> 00:27:38,490
By then,
Alberto Magaña and Andrés couldn't appeal.
431
00:27:39,074 --> 00:27:41,409
We were shocked. "Why?"
432
00:27:42,118 --> 00:27:43,662
"Why the prosecution?"
433
00:27:43,745 --> 00:27:46,748
It wasn't even the victim
that had accused them.
434
00:27:47,624 --> 00:27:51,294
It was the prosecution
presenting the appeal.
435
00:28:03,556 --> 00:28:07,185
APPEAL COURT
436
00:28:07,268 --> 00:28:09,020
They took us to court
437
00:28:10,563 --> 00:28:13,358
and the prosecution showed up immediately,
438
00:28:13,441 --> 00:28:17,237
and our lawyer, Juan Alberto Magaña.
439
00:28:17,320 --> 00:28:19,072
Andrés didn't come,
440
00:28:20,073 --> 00:28:22,158
because too much had happened here.
441
00:28:22,701 --> 00:28:24,202
They'd tried to kill him.
442
00:28:24,744 --> 00:28:28,873
So that day,
his colleague, Magaña, was there.
443
00:28:29,499 --> 00:28:34,254
So, without any real possibility
of defending them,
444
00:28:34,337 --> 00:28:36,840
Alberto Magaña went to the appeal hearing.
445
00:28:36,923 --> 00:28:38,550
He had to go to court
446
00:28:38,633 --> 00:28:42,095
and say that the sentence
was correct in the first place.
447
00:28:42,721 --> 00:28:45,765
What happened there is atrocious.
448
00:28:45,849 --> 00:28:50,562
The defense considers
that the sentence was appropriate.
449
00:28:50,645 --> 00:28:54,983
The sentencing court correctly applied
450
00:28:55,066 --> 00:28:57,485
article 63.
451
00:28:57,569 --> 00:29:02,532
The prosecution didn't give any evidence
to support the sentence they wanted.
452
00:29:02,615 --> 00:29:06,244
This hearing is now over. Okay?
453
00:29:06,327 --> 00:29:08,371
And all parties,
454
00:29:08,455 --> 00:29:12,584
following what article 63 establishes,
455
00:29:12,667 --> 00:29:14,544
are now notified.
456
00:29:14,627 --> 00:29:18,798
We all went home
and carried on with our lives.
457
00:29:18,882 --> 00:29:20,800
I thought, "This is on track."
458
00:29:20,884 --> 00:29:24,554
"We did our part,
we gave it our best effort."
459
00:29:24,637 --> 00:29:27,265
"These guys will be released
460
00:29:27,348 --> 00:29:30,018
in a couple of months."
461
00:29:30,101 --> 00:29:32,520
They brought us here again.
462
00:29:33,855 --> 00:29:36,649
Three days later,
we received a notification.
463
00:29:37,817 --> 00:29:41,112
"They're here to notify you
that you'll be out in days."
464
00:29:41,696 --> 00:29:42,989
God, the excitement.
465
00:29:43,573 --> 00:29:44,657
We were leaving!
466
00:29:51,623 --> 00:29:54,167
Juan Luis López García!
467
00:29:54,250 --> 00:29:56,419
Gonzalo García Hernández!
468
00:29:56,503 --> 00:29:58,296
Héctor Muñoz Muñoz!
469
00:29:58,379 --> 00:29:59,672
Come on, Leo!
470
00:30:00,673 --> 00:30:03,384
-Go, Leo!
-Come on!
471
00:30:05,136 --> 00:30:07,639
Gonzalo García Hernández!
472
00:30:07,722 --> 00:30:09,057
Nice, Villa!
473
00:30:14,270 --> 00:30:16,731
-Gonzalo!
-Juan Luis López García!
474
00:30:22,070 --> 00:30:23,822
We came down, excited.
475
00:30:23,905 --> 00:30:27,534
We were told, "You had a sentence
of three years, six months."
476
00:30:29,410 --> 00:30:31,830
"Your sentence now is 50 years."
477
00:30:33,498 --> 00:30:34,624
"What?"
478
00:30:36,417 --> 00:30:37,252
It…
479
00:30:39,420 --> 00:30:41,673
was just unbelievable.
480
00:30:42,465 --> 00:30:44,384
"What do you mean 50 years?"
481
00:30:52,350 --> 00:30:54,561
I pretty much froze.
482
00:30:55,144 --> 00:30:56,896
I was completely shocked.
483
00:30:58,565 --> 00:31:00,441
"What will I do here for 50 years?"
484
00:31:03,194 --> 00:31:07,407
We were being told,
"You are going to serve 50 years."
485
00:31:13,663 --> 00:31:17,750
At this point, I took it as…
486
00:31:17,834 --> 00:31:21,045
I didn't take it like…
487
00:31:21,588 --> 00:31:24,048
I told him "I just can't believe it."
488
00:31:26,926 --> 00:31:29,012
To me, it was devastating, because…
489
00:31:34,017 --> 00:31:35,393
seeing him…
490
00:31:38,229 --> 00:31:40,231
I can't even say anything,
491
00:31:41,524 --> 00:31:44,736
because although I try
to put myself in my brother's shoes,
492
00:31:45,236 --> 00:31:46,946
I'm not the one there.
493
00:31:47,780 --> 00:31:49,657
It was very tough for him.
494
00:31:49,741 --> 00:31:50,700
Very sad.
495
00:31:52,952 --> 00:31:54,829
So we signed the notice
496
00:31:55,788 --> 00:31:57,040
and went back inside.
497
00:31:59,250 --> 00:32:02,253
Each one to their cell.
We read, we talked for a while.
498
00:32:04,589 --> 00:32:05,798
Fifty years.
499
00:32:26,444 --> 00:32:29,489
The one standing up
grabbed my head and hit me.
500
00:32:29,572 --> 00:32:32,116
"Don't even fucking move!"
501
00:32:32,200 --> 00:32:35,328
I told him, "I can't breathe. I can't."
502
00:32:35,411 --> 00:32:39,332
But they wanted me to say
something that wasn't true.
503
00:32:39,415 --> 00:32:42,835
You have the right
to be detained before your executioner
504
00:32:42,919 --> 00:32:44,337
for 48 hours.
505
00:32:44,420 --> 00:32:46,422
That's what the Constitution says.
506
00:32:46,506 --> 00:32:51,344
That being detained for 48 hours
is our "right" is the most ridiculous trap
507
00:32:51,427 --> 00:32:53,680
you can ever think of.
508
00:32:53,763 --> 00:32:56,099
I think there were a few of them,
509
00:32:57,642 --> 00:33:00,812
because one held my hands,
like this, subdued.
510
00:33:00,895 --> 00:33:02,355
One had his…
511
00:33:03,272 --> 00:33:05,692
his knee on my chest.
512
00:33:05,775 --> 00:33:08,653
Within that time frame,
they get illegal evidence
513
00:33:09,445 --> 00:33:10,571
about another case.
514
00:33:10,655 --> 00:33:13,324
During those 48 hours, they torture you.
515
00:33:13,908 --> 00:33:16,327
There was a row of bikes, and more above.
516
00:33:16,411 --> 00:33:19,455
They left me there, on my knees,
kind of hanging.
517
00:33:19,956 --> 00:33:23,960
Since I was taken there
until about five in the morning,
518
00:33:24,669 --> 00:33:26,045
I was kept there.
519
00:33:26,754 --> 00:33:27,672
On my knees.
520
00:33:27,755 --> 00:33:30,341
I didn't sleep, didn't drink any water.
521
00:33:30,425 --> 00:33:33,302
When we put the public trial
as the main focus,
522
00:33:33,386 --> 00:33:38,433
we thought that just by carrying out
that methodology, a public trial,
523
00:33:38,516 --> 00:33:43,855
where the prosecutor's office
had to provide their evidence
524
00:33:43,938 --> 00:33:46,149
in a hearing that everyone could see,
525
00:33:46,232 --> 00:33:47,608
same as the defense,
526
00:33:47,692 --> 00:33:52,447
and where the judges had to decide
sentences right in front of us
527
00:33:52,530 --> 00:33:53,656
would change it all.
528
00:33:53,740 --> 00:33:58,911
But it's devastating to see
that the authoritarianism of the system
529
00:33:58,995 --> 00:34:01,414
is not reduced by having a public trial.
530
00:34:01,497 --> 00:34:04,751
It's not that the public trial reform
is a bad reform,
531
00:34:04,834 --> 00:34:07,628
it's just an incomplete reform.
532
00:34:08,254 --> 00:34:10,590
Now we need those ideas
533
00:34:10,673 --> 00:34:13,384
at the peak of the pyramid of justice
534
00:34:13,468 --> 00:34:14,927
to descend to the base.
535
00:34:15,011 --> 00:34:18,890
We need the police interviews
to be video recorded.
536
00:34:18,973 --> 00:34:21,392
Police operations should be recorded too.
537
00:34:21,476 --> 00:34:24,020
And we need to video record arrests.
538
00:34:24,103 --> 00:34:29,484
That will put an end to torture
as a method of criminal investigation.
539
00:34:29,567 --> 00:34:33,696
It would change the incentive structure
of the law enforcement officers
540
00:34:33,780 --> 00:34:35,114
and DAs, right?
541
00:34:35,198 --> 00:34:38,076
People would rather
have innocent people in jail
542
00:34:38,159 --> 00:34:42,580
as long as there are
some real criminals in there as well.
543
00:34:42,663 --> 00:34:45,124
The logic should be the other way around.
544
00:34:45,208 --> 00:34:47,251
It should scare us as a society.
545
00:34:47,335 --> 00:34:50,630
We should never accept
having innocent people in jail
546
00:34:50,713 --> 00:34:53,716
in order to catch guilty people,
no matter how many.
547
00:34:53,800 --> 00:34:55,259
It's not worth it. Why?
548
00:34:55,343 --> 00:34:59,722
Because if they understood
the dimension of this problem,
549
00:34:59,806 --> 00:35:01,933
they'd be afraid to leave their homes.
550
00:35:02,016 --> 00:35:05,269
You may be going to the shop
to get cigarettes,
551
00:35:05,353 --> 00:35:06,521
have an accident,
552
00:35:06,604 --> 00:35:10,983
and a police officer can charge you
with drug dealing, kidnapping,
553
00:35:11,067 --> 00:35:12,318
you name it.
554
00:35:12,401 --> 00:35:14,487
Don't forget that in the beginning,
555
00:35:14,570 --> 00:35:17,323
the Mexican criminal system
556
00:35:17,406 --> 00:35:20,701
was used
as a system for political control.
557
00:35:21,285 --> 00:35:25,081
A system for political control
is not designed to find the truth.
558
00:35:25,164 --> 00:35:29,919
And we never really changed
the roots of that original system.
559
00:35:30,002 --> 00:35:32,505
We modified rules, added the public trial,
560
00:35:32,588 --> 00:35:35,883
but there was never a political agreement
561
00:35:35,967 --> 00:35:39,053
to get politicians' hands
away from the system,
562
00:35:39,137 --> 00:35:42,306
and to use the system to find the truth.
563
00:35:42,807 --> 00:35:44,976
After a while, they came back.
564
00:35:45,059 --> 00:35:47,520
Again, they put the bag on my head.
565
00:35:49,438 --> 00:35:51,983
I kept telling them
I didn't know those men
566
00:35:52,066 --> 00:35:54,402
they wanted me to accuse.
567
00:35:54,485 --> 00:35:57,363
I said, "How can I accuse someone
I don't know?"
568
00:36:00,408 --> 00:36:05,037
1,914 DAYS IN PRISON
SEPTEMBER 22ND, 2020
569
00:36:05,705 --> 00:36:08,332
It had been two years since the sentence.
570
00:36:09,125 --> 00:36:12,712
In that time,
Tabasco elected a new government.
571
00:36:12,795 --> 00:36:16,174
Andrés Manuel López Obrador
won the presidential election.
572
00:36:16,257 --> 00:36:19,427
The world faced the COVID-19 pandemic.
573
00:36:21,262 --> 00:36:25,183
The pandemic we are going through
574
00:36:25,266 --> 00:36:28,060
has made everything more complicated.
575
00:36:28,144 --> 00:36:29,770
The courts were closed,
576
00:36:30,354 --> 00:36:33,107
and when they finally opened again,
577
00:36:33,733 --> 00:36:37,528
it was their usual vacation period,
and they took their vacations.
578
00:36:37,612 --> 00:36:39,739
There's no continuity.
579
00:36:40,573 --> 00:36:44,493
There's no coherence, I think,
580
00:36:44,577 --> 00:36:46,996
from the people who make these decisions.
581
00:36:47,079 --> 00:36:49,081
There are three people there,
582
00:36:49,999 --> 00:36:52,126
and, with them, many more innocents,
583
00:36:52,877 --> 00:36:55,338
that are waiting for the court to decide
584
00:36:55,421 --> 00:36:58,424
that they can finally go home.
585
00:36:59,091 --> 00:37:02,386
When someone shows you
who they are, believe them.
586
00:37:03,179 --> 00:37:07,808
And the prosecution office of Tabasco
has shown us who they are from the start.
587
00:37:08,309 --> 00:37:11,270
They act like they'll let you go,
then arrest you.
588
00:37:11,854 --> 00:37:14,398
"You'll be absolved soon,"
then you're not.
589
00:37:14,482 --> 00:37:16,859
I pretend I won't appeal, and I appeal.
590
00:37:17,652 --> 00:37:19,237
They play dirty.
591
00:37:20,071 --> 00:37:21,239
I've told you this.
592
00:37:21,322 --> 00:37:25,993
Releasing someone accused of kidnapping
has a huge political cost in Mexico.
593
00:37:26,077 --> 00:37:27,578
Even if they're innocent.
594
00:37:30,206 --> 00:37:33,125
All we have left
is a constitutional appeal.
595
00:37:37,088 --> 00:37:39,507
Yes. It's a difficult situation.
596
00:37:45,012 --> 00:37:48,307
I wonder how long that will take, though.
597
00:37:52,436 --> 00:37:56,357
All I can say for sure
is that it would take less than 50 years.
598
00:37:58,401 --> 00:38:00,152
That's for sure.
599
00:38:10,204 --> 00:38:11,205
Let's go.
600
00:38:12,123 --> 00:38:13,082
Thank you.
601
00:38:15,876 --> 00:38:17,003
Thanks.
602
00:38:18,129 --> 00:38:22,133
I promise you I will do everything I can
603
00:38:22,216 --> 00:38:23,592
to speed this up.
604
00:38:34,061 --> 00:38:37,231
Mexico has a very clear and logical rule:
605
00:38:37,315 --> 00:38:40,568
the State has to demonstrate
that you committed a crime.
606
00:38:41,068 --> 00:38:43,070
As a defense lawyer,
607
00:38:43,154 --> 00:38:46,324
you only have to prove
there's a reasonable doubt.
608
00:38:46,407 --> 00:38:49,493
You don't even
have to prove their innocence.
609
00:38:49,577 --> 00:38:52,288
However, it is clear and evident
610
00:38:52,371 --> 00:38:55,666
that courts operate
under the presumption of guilt.
611
00:38:55,750 --> 00:38:59,295
Because only when you assume
someone is guilty
612
00:38:59,378 --> 00:39:03,174
do you look for explanations
to help the prosecutors
613
00:39:03,257 --> 00:39:05,092
get their desired sentences.
614
00:39:05,176 --> 00:39:07,803
To me, it's extremely frustrating to see
615
00:39:08,387 --> 00:39:13,392
that district attorneys, police officers
and judges don't understand their roles.
616
00:39:17,813 --> 00:39:21,609
When I got out, I was ashamed,
because people would say,
617
00:39:21,692 --> 00:39:23,110
"That's the kidnapper."
618
00:39:23,944 --> 00:39:25,404
That's why I left.
619
00:39:26,906 --> 00:39:29,575
I decided to start a new life
620
00:39:29,658 --> 00:39:32,787
where I know nobody
is after me, nobody knows me.
621
00:39:33,579 --> 00:39:36,332
At home, I couldn't even sleep.
622
00:39:36,415 --> 00:39:39,710
When I saw the police, I hid from them.
623
00:39:39,794 --> 00:39:42,338
I was scared they would arrest me again.
624
00:39:44,548 --> 00:39:46,425
I don't know why I was stigmatized.
625
00:39:46,509 --> 00:39:47,968
I was declared innocent.
626
00:39:52,640 --> 00:39:55,643
We need a system
that is more sophisticated
627
00:39:56,519 --> 00:39:57,436
than this,
628
00:39:57,520 --> 00:40:01,482
where anyone can accuse you
of a crime, and you're sentenced.
629
00:40:02,108 --> 00:40:03,901
It's basic.
630
00:40:03,984 --> 00:40:06,070
We have the right to freedom.
631
00:40:06,737 --> 00:40:07,571
Don't we?
632
00:40:07,655 --> 00:40:10,741
In Mexico, that right is not guaranteed.
633
00:40:14,870 --> 00:40:17,706
This has affected me so much.
634
00:40:18,416 --> 00:40:21,293
Being away from my son, from my mom.
635
00:40:21,919 --> 00:40:23,504
And I'm scared that…
636
00:40:27,633 --> 00:40:30,553
when I finally have the chance
to get out of here,
637
00:40:31,137 --> 00:40:32,430
she will be gone.
638
00:40:33,139 --> 00:40:35,391
Everyone knows what really happened.
639
00:40:35,474 --> 00:40:39,478
And nobody wants to accept
that they are innocent.
640
00:40:39,562 --> 00:40:40,604
Why?
641
00:40:40,688 --> 00:40:42,982
That's what we don't understand. Why?
642
00:40:43,065 --> 00:40:45,443
This place affects you.
643
00:40:46,193 --> 00:40:47,570
That's the truth.
644
00:40:48,612 --> 00:40:52,283
You will never be the same,
because this is traumatic.
645
00:40:53,993 --> 00:40:55,661
It's 50 years. A lifetime.
646
00:40:55,744 --> 00:40:56,996
When you get out…
647
00:40:58,998 --> 00:41:02,293
there is no future anymore.
648
00:41:03,377 --> 00:41:06,046
Yes, it's been really hard.
649
00:41:07,006 --> 00:41:10,551
Some days,
I don't even want to get out of bed.
650
00:41:11,343 --> 00:41:14,305
But I have to go on, for my two kids.
651
00:41:14,388 --> 00:41:17,766
I always talk to Héctor
like everything is normal.
652
00:41:17,850 --> 00:41:19,810
I want him to think we're fine.
653
00:41:19,894 --> 00:41:20,811
But we aren't.
654
00:41:20,895 --> 00:41:22,855
At least, I am not.
655
00:41:22,938 --> 00:41:26,942
He thinks I am, because he says,
"For you it's easy, you're free."
656
00:41:27,818 --> 00:41:30,946
And I don't tell him,
"I'm free, but it's the same."
657
00:41:31,030 --> 00:41:33,324
"It's like I am…
658
00:41:34,200 --> 00:41:36,911
trapped in something, just like you."
659
00:41:40,247 --> 00:41:43,000
In prison, many things
go through your mind.
660
00:41:46,170 --> 00:41:49,131
You have so many thoughts,
you end up thinking
661
00:41:49,215 --> 00:41:51,133
you should do the easiest thing,
662
00:41:51,217 --> 00:41:52,635
which is hang yourself.
663
00:41:52,718 --> 00:41:55,638
I've thought about it.
I wanted to do it that day.
664
00:41:59,475 --> 00:42:01,185
You feel powerless.
665
00:42:04,813 --> 00:42:07,399
You want it all to be a dream.
666
00:42:07,483 --> 00:42:09,652
You want to wake up and say,
667
00:42:11,445 --> 00:42:12,696
"I'm home."
668
00:42:14,740 --> 00:42:16,492
Close to the people you love.
669
00:42:18,118 --> 00:42:19,495
But it's not like that.
670
00:42:24,875 --> 00:42:26,544
They ruined our lives.
671
00:42:42,851 --> 00:42:44,353
ON CONCLUSION OF THIS PROGRAM,
672
00:42:44,436 --> 00:42:47,648
HÉCTOR, GONZALO AND JUAN LUIS
HAD SPENT OVER 3,000 DAYS IN PRISON
673
00:42:47,731 --> 00:42:52,903
AND THEIR CONSTITUTIONAL APPEAL
WAS STILL PENDING.
674
00:42:53,988 --> 00:42:56,824
NONE OF THE PUBLIC SERVANTS
INVOLVED IN THE CASE
675
00:42:56,907 --> 00:42:58,701
WERE INVESTIGATED FOR TORTURE.
676
00:42:58,784 --> 00:43:03,372
MOST OF THEM ARE STILL WORKING,
WITH MORE POWER AND RESPONSIBILITIES.
677
00:43:03,872 --> 00:43:07,042
THANKS TO THE FAMILIES
OF DARWIN, GONZALO, HÉCTOR AND JUAN LUIS.
678
00:43:07,126 --> 00:43:10,087
EVA, MAYRA, MARINA,
JUANA, MIGUELINA AND YAZMÍN.
679
00:43:10,170 --> 00:43:13,674
TO MIGUEL SANSORES
AND THE TABASCO INNOCENCE PROJECT.
680
00:43:13,757 --> 00:43:18,762
TO THE LAWYERS
ANDRÉS ANDRADE AND ALBERTO MAGAÑA.
681
00:43:18,846 --> 00:43:21,807
TO IKER IBARRECHE,
WHO TOOK OVER THE DEFENSE FROM 2020.
682
00:43:21,890 --> 00:43:27,104
TO THE AUTHORITIES, GUARDS AND INMATES
WHO COOPERATED WITH FILMING.
683
00:45:34,398 --> 00:45:39,403
Subtitle translation by: Julieta Gazzaniga