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VILLAHERMOSA-TEAPA FREEWAY, TABASCO
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What we do is delicate.
It's risky,
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and we wanted to take advantage
of this moment to share this with you,
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because we think
that's how things should be done,
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transparently and publicly.
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There was an event last Sunday,
where I, along with other people,
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including the forensic scientists
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who are involved in one of the cases
we're working on here.
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The one which Roberto has been filming.
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And in this situation,
the vehicle we were in suddenly died.
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It had an electrical, mechanical failure.
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We had to pull over and,
all of a sudden, it burst into flames.
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Smoke started coming out
of the engine.
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I thought,
"This is weird. It's breaking down."
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I felt the steering was stuck.
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I couldn't move it, which isn't normal,
even with hydraulic steering.
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You can always move it.
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I couldn't move it, which makes us think
it was another situation.
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So we, being good experts,
started forming our hypotheses
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about what it could have been,
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and the most probable was
that someone had altered something.
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We will inform
the corresponding legal authorities,
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we will exhaust all
of the appropriate investigative measures
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to determine the cause of this.
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But we would appreciate
that the media not jump to conclusions,
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because we have seen some outlets saying
this was a short circuit.
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In my opinion and that of the experts,
that wasn't the case.
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TRUCK BURNS IN MAJAHUA
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The truck was locked up
so we couldn't get out,
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but, thank God, we were able
to force the doors open.
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I was in the front,
we forced the doors open.
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Everyone got out,
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and in an instant, the truck was on fire.
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When you shine a light on the shadows,
the shadows disappear, right?
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So making what happened to us
public knowledge
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should keep it from happening again.
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For a moment, we thought,
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"They're gone."
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"They've abandoned the case, and now,
all this will be more complicated."
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A NETFLIX DOCUMENTARY SERIES
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I think that ACP
is the indirect victim of a crime.
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He's from a community where, at that time,
there were lots of kidnappings.
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It's possible that he felt at risk
of suffering the same fate.
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You have a person
whose brother, days earlier,
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was the victim of attempted kidnapping.
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GLP was kidnapped.
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So Mr. ACP… You have to understand
his emotional state.
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If you're in a position where you've been
the victim of this type of crime,
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and you see someone get out of their car
and approach yours,
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you might be thinking
that they're trying to kidnap
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or kill you or something.
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So it's understandable.
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And when you understand that,
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you understand that events
could have happened
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the way we described 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 your truck's window?
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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 that exist
in the investigation file
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show that the passenger window
was shattered, which means it was closed,
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and shattered after being hit by a bullet
fired from within the car.
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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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Isn't it so
that you don't have a permit
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to carry that particular .22 pistol
that your friend gave you?
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Hmm…
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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 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, registered or not,
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without a permit to carry firearms,
is a crime.
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In the end there is nothing
that could legally justify him
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carrying a firearm
and shooting an unarmed person.
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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 a crime, yes.
-Yes or no, sir.
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Honorable court,
may I make a request?
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Yes?
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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.
-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 happening to 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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I was in bad health 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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You're in good condition to continue?
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Yes, I'd like to get it over with.
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Isn't it that you never showed
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 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?
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September 7th, at 8:15.
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So, in a month.
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This keeps happening
during the public hearings.
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The operators don't change,
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they don't change their way
of acting and thinking.
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They don't have social sensitivity.
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The prosecution asks for a month
and thinks it's fine.
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And we told them, calmly,
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"One month is fine for you
since you're outside,
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but being in prison for three years,
one day, one hour, one month is a lot."
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Time feels different
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depending on which side
of the bathroom door you're standing.
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Please, enter your resident ID number.
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Please, wait while your call is connected.
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The only people who've really
helped us here have been our parents.
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Aside from them… no one.
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You already took it? How long has it been?
It's been a while, hasn't it?
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We brought them in December.
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Right. Since December…
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December, January, February, March.
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-Yeah, it's been a while.
-Yeah, it has.
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-It's almost December again.
-Your time is up.
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Damn!
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The first nine months,
everyone was helping.
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But after that,
after the first year, they're gone.
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Day by day, they forget you.
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All the friends I had, where are they now?
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None of them are here.
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-Muñoz Muñoz, Héctor.
-Here!
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I never thought
anyone would visit me here.
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I didn't think that I'd make it this long.
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Honestly.
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We can't visit very often,
because I have my two daughters.
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I have school expenses.
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And my parents are far away.
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For my dad to visit him,
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he spends almost a thousand pesos
just in travel expenses.
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And if they both go, it's double.
And my mom takes care of my three nephews.
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I told my mom not to come,
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but that motherly love…
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She always wants to be with me,
to visit me,
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00:14:06,887 --> 00:14:09,515
because I know
she can't stand seeing me here.
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00:14:20,526 --> 00:14:25,614
1,233 DAYS IN PRISON
THE VERDICT
199
00:14:34,790 --> 00:14:36,584
I think what's complicated here
200
00:14:36,667 --> 00:14:39,003
is the period of time
between when we started
201
00:14:39,086 --> 00:14:43,465
in February, which was then deferred
to March, and now it's September.
202
00:14:43,549 --> 00:14:45,926
So it's been six months of public trials.
203
00:14:46,677 --> 00:14:49,013
With long pauses between hearings,
204
00:14:49,096 --> 00:14:51,599
which causes them to lose sight
of the immediacy,
205
00:14:51,682 --> 00:14:55,185
the judges lose the feelings,
the emotions from our arguments,
206
00:14:55,269 --> 00:14:56,395
from the witnesses.
207
00:14:57,771 --> 00:14:59,440
Do you feel good about it?
208
00:14:59,523 --> 00:15:03,861
Yeah, we feel good.
We're confident in what we've presented.
209
00:15:04,445 --> 00:15:07,656
If this is resolved lawfully,
there's no way they'll be found guilty.
210
00:15:09,074 --> 00:15:13,454
I'm prepared, I guess,
emotionally and mentally
211
00:15:13,537 --> 00:15:15,039
to see him go free.
212
00:15:15,748 --> 00:15:18,125
But not the opposite, honestly, no.
213
00:15:19,585 --> 00:15:22,463
I thought if they say we're free,
what will I do?
214
00:15:22,546 --> 00:15:25,799
Run to hug my family,
jump for joy, but I thought,
215
00:15:26,592 --> 00:15:28,260
"First, I want to hear it."
216
00:15:29,094 --> 00:15:30,763
I got up earlier than usual.
217
00:15:32,598 --> 00:15:34,767
I took a shower, brushed my hair.
218
00:15:36,560 --> 00:15:38,604
We prepared for the public trial.
219
00:15:51,700 --> 00:15:53,911
But when we sat down
and saw the judges come in,
220
00:15:54,620 --> 00:15:57,581
all three of them
have these looks on their faces,
221
00:15:58,374 --> 00:15:59,750
like they were annoyed…
222
00:16:02,503 --> 00:16:04,088
Like they were angry.
223
00:16:07,341 --> 00:16:09,593
The process had stops and starts,
224
00:16:09,677 --> 00:16:11,387
the hearings were interrupted.
225
00:16:11,470 --> 00:16:15,641
But what was most worrisome was that
when the verdict was going to be decided,
226
00:16:15,724 --> 00:16:19,645
one of the three judges
had been substituted by another judge.
227
00:16:21,397 --> 00:16:22,982
It wasn't the same court.
228
00:16:23,065 --> 00:16:24,650
One court heard the evidence,
229
00:16:24,733 --> 00:16:26,986
and a different court
would decide the sentence.
230
00:16:28,487 --> 00:16:31,115
Yes, I remember how the judges looked.
231
00:16:31,907 --> 00:16:35,244
It was a tribunal
that didn't look comfortable.
232
00:16:35,327 --> 00:16:37,830
They weren't convinced
of what they were saying.
233
00:16:40,958 --> 00:16:42,751
Okay. Having debated
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within the time frame
established by our legislation,
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I will now give the floor
to my fellow judge
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to read out the ruling
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00:16:53,429 --> 00:16:57,808
this court of prosecution has,
uh… decided on.
238
00:16:59,309 --> 00:17:00,436
I felt something…
239
00:17:02,312 --> 00:17:03,272
and thought…
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00:17:04,565 --> 00:17:05,941
"They won't let us go."
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00:17:06,025 --> 00:17:08,235
This court has unanimously decided
242
00:17:08,318 --> 00:17:10,779
to rule against Juan Luis López García,
243
00:17:10,863 --> 00:17:13,782
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
244
00:17:13,866 --> 00:17:17,453
based on the accusation
made by the public prosecutor's office
245
00:17:17,536 --> 00:17:20,456
in the criminal case 33, from 2015,
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00:17:20,539 --> 00:17:23,584
of attempted aggravated kidnapping
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of ACP.
248
00:17:26,712 --> 00:17:28,589
I was cold. I had goosebumps.
249
00:17:29,465 --> 00:17:32,342
But when I heard that,
I forgot about being cold.
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00:17:33,719 --> 00:17:35,054
I forgot about everything.
251
00:17:39,141 --> 00:17:41,268
Because I had made a resolution…
252
00:17:43,687 --> 00:17:45,189
that as soon as I got out,
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00:17:46,356 --> 00:17:49,109
I would find work, for my kids.
254
00:17:49,193 --> 00:17:51,403
Regarding the criminal responsibility
255
00:17:51,487 --> 00:17:54,990
of the accused, Héctor Muñoz Muñoz,
Gonzalo García Hernández
256
00:17:55,074 --> 00:17:56,742
and Juan Luis López García,
257
00:17:56,825 --> 00:17:59,328
we believe it was proved beyond doubt
258
00:17:59,411 --> 00:18:03,832
through the logical and legal correlation
of the evidence provided.
259
00:18:05,209 --> 00:18:07,211
I remember we were upset because,
260
00:18:07,294 --> 00:18:10,547
to start, they considered the event
proven to have happened.
261
00:18:11,548 --> 00:18:12,758
We were stunned.
262
00:18:13,759 --> 00:18:16,345
We didn't think the events
were proven to have happened,
263
00:18:17,012 --> 00:18:19,181
much less the criminal responsibility,
264
00:18:19,264 --> 00:18:23,352
so we knew things weren't looking good
when they were explaining the sentence.
265
00:18:23,435 --> 00:18:27,606
Against the accused,
we have the testimony of ACP, the victim,
266
00:18:27,689 --> 00:18:30,067
and of the eyewitness, ACC.
267
00:18:30,150 --> 00:18:33,821
With their spontaneous,
chronological and detailed statements,
268
00:18:33,904 --> 00:18:36,031
they demonstrated before this court
269
00:18:36,615 --> 00:18:40,202
the behavior of each of the accused men.
270
00:18:40,285 --> 00:18:41,829
We deem irrelevant
271
00:18:41,912 --> 00:18:45,707
the statement of Dr. Edward Charles
Alexander Worrall González
272
00:18:45,791 --> 00:18:50,045
about the reconstruction of the events
of September 9th, 2017.
273
00:18:52,422 --> 00:18:53,924
You have a public trial,
274
00:18:54,007 --> 00:18:57,845
in which they are trying to discredit
the experts' opinion
275
00:18:57,928 --> 00:18:59,555
on the physics of the events,
276
00:18:59,638 --> 00:19:02,224
because they didn't use
the exact same vehicle
277
00:19:02,307 --> 00:19:05,144
on the exact same day,
at the exact same time,
278
00:19:05,894 --> 00:19:07,146
when that's meaningless.
279
00:19:08,063 --> 00:19:11,775
We're studying the trajectory
of a bullet shot from a firearm,
280
00:19:11,859 --> 00:19:15,696
and the wound that it caused
and if that is consistent with the events.
281
00:19:17,281 --> 00:19:20,576
When, in context, the ones
who have the fucking responsibility
282
00:19:20,659 --> 00:19:23,328
to prove guilt is them,
not us prove innocence.
283
00:19:28,709 --> 00:19:30,669
Andrés will tell you
what will happen next,
284
00:19:31,420 --> 00:19:32,629
but this isn't the end.
285
00:19:33,255 --> 00:19:34,840
This sentence has no basis.
286
00:19:35,674 --> 00:19:36,592
I'm so sorry.
287
00:19:37,176 --> 00:19:43,223
NEW CRIMINAL JUSTICE SYSTEM IN TABASCO
288
00:19:45,767 --> 00:19:47,311
I just can't right now.
289
00:19:49,855 --> 00:19:51,648
They said we'd be released.
290
00:19:54,735 --> 00:19:57,654
To hell with that. I can't believe it.
291
00:19:58,697 --> 00:20:00,824
I can't believe what they are doing.
292
00:20:01,742 --> 00:20:05,329
No. I think if we had lied,
we'd be free by now.
293
00:20:07,748 --> 00:20:10,375
This is a mockery.
Why did they take so long?
294
00:20:11,168 --> 00:20:12,211
We don't know.
295
00:20:13,587 --> 00:20:16,590
As we said, to try to justify
finding them guilty.
296
00:20:17,674 --> 00:20:20,636
Just closing the book
on everything we've shown,
297
00:20:20,719 --> 00:20:24,473
and honestly, it's impossible to think
that this will generate a conviction
298
00:20:24,556 --> 00:20:26,183
beyond a reasonable doubt.
299
00:20:42,908 --> 00:20:44,618
STATE POLICE
300
00:21:04,680 --> 00:21:07,766
Afterwards, there will be
an individual sentencing hearing,
301
00:21:07,849 --> 00:21:08,892
which means that,
302
00:21:08,976 --> 00:21:12,521
at the next hearing, they'll tell you
how long the sentences are.
303
00:21:14,106 --> 00:21:16,191
Yeah, we were pissed off that day.
We were mad.
304
00:21:18,485 --> 00:21:19,528
We came back…
305
00:21:21,947 --> 00:21:25,701
and we were down. Just thinking,
"It could be a long sentence."
306
00:21:29,621 --> 00:21:36,586
SENTENCE
SEPTEMBER 17TH, 2018
307
00:21:59,484 --> 00:22:02,696
I saw them looking,
I'd say, ashamed, embarrassed.
308
00:22:05,741 --> 00:22:07,159
And, at the end of the day,
309
00:22:07,242 --> 00:22:10,037
when they handed down
the individual sentences,
310
00:22:10,120 --> 00:22:11,663
and laid out the prison time,
311
00:22:12,664 --> 00:22:14,374
everyone was looking around like,
312
00:22:15,125 --> 00:22:18,086
"Let's at least do this,
so it isn't so bad."
313
00:22:20,172 --> 00:22:22,049
For being found guilty
314
00:22:22,132 --> 00:22:24,926
of the crime
of attempted aggravated kidnapping,
315
00:22:25,010 --> 00:22:28,972
you shall be sentenced according
to article 9, first section, paragraph A,
316
00:22:29,056 --> 00:22:32,225
and article 10, first section,
paragraphs A, B and C
317
00:22:32,309 --> 00:22:34,227
regarding kidnapping.
318
00:22:34,311 --> 00:22:37,898
Each of you will serve
three years and six months in prison,
319
00:22:37,981 --> 00:22:39,149
and 200 days as a fine,
320
00:22:39,232 --> 00:22:41,151
from the date this sentence
321
00:22:41,234 --> 00:22:43,987
is declared in force.
322
00:22:44,071 --> 00:22:49,618
However, the days you've been deprived
from your freedom pre-trial
323
00:22:49,701 --> 00:22:51,328
will be deducted.
324
00:22:53,246 --> 00:22:55,874
I was like, "My God,
did I hear that right?"
325
00:22:57,626 --> 00:22:58,794
"Three years, six months?"
326
00:22:59,378 --> 00:23:02,089
I looked at the lawyers
and they were like, "You're out."
327
00:23:03,215 --> 00:23:05,634
We'd already been in prison
for three years, six months.
328
00:23:06,885 --> 00:23:07,803
The sentence was short,
329
00:23:07,886 --> 00:23:10,639
because they were pretty much saying,
"This was over, that's it."
330
00:23:11,264 --> 00:23:14,017
"Give me the three years, six months
and we're out of here."
331
00:23:16,103 --> 00:23:17,312
I was happy,
332
00:23:18,105 --> 00:23:20,732
but I also knew I'd be getting out
with a criminal record.
333
00:23:25,320 --> 00:23:26,863
-Thank you.
-No, it's okay.
334
00:23:27,906 --> 00:23:29,241
Goodbye, thank you.
335
00:23:29,324 --> 00:23:31,493
-See you later.
-Thank you.
336
00:23:31,576 --> 00:23:33,078
-Excuse me.
-See you.
337
00:23:35,497 --> 00:23:39,251
It wasn't all happiness because
we wanted them to be free right then.
338
00:23:40,085 --> 00:23:44,214
But we knew it wouldn't be long.
Just months, or days.
339
00:23:46,174 --> 00:23:47,926
Mr. Juan Luis López García,
340
00:23:48,009 --> 00:23:50,804
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
341
00:23:50,887 --> 00:23:54,474
do you have anything to say?
Any questions?
342
00:23:54,558 --> 00:23:55,434
No.
343
00:23:55,517 --> 00:23:57,018
-Sir?
-No, nothing.
344
00:23:57,102 --> 00:23:57,936
Sir?
345
00:23:58,520 --> 00:24:01,148
You have nothing
to hang your heads about, got it?
346
00:24:01,231 --> 00:24:03,024
Take care, Uncle, I love you.
347
00:24:03,108 --> 00:24:05,444
They do,
but not you guys, got it?
348
00:24:17,914 --> 00:24:19,749
{\an8}-Say hi.
-I love you.
349
00:24:19,833 --> 00:24:23,253
{\an8}PRISON GUARD
350
00:24:32,137 --> 00:24:36,558
Well, I think that seeing the evidence
that was obviously in our favor,
351
00:24:36,641 --> 00:24:38,894
this was their way of apologizing.
352
00:24:38,977 --> 00:24:42,731
As soon as the window to appeal runs out,
they can go.
353
00:24:44,608 --> 00:24:46,234
And that's what we did.
354
00:24:49,029 --> 00:24:50,197
Why would we keep fighting?
355
00:24:50,280 --> 00:24:53,492
Take more time appealing the matter
while they remain in prison?
356
00:24:54,451 --> 00:24:56,453
They're a couple of months
away from freedom.
357
00:24:58,246 --> 00:25:00,999
It's about freedom
and I want to be with my family.
358
00:25:01,082 --> 00:25:02,375
I want to be with my son.
359
00:25:04,377 --> 00:25:06,588
They've robbed me
of so much time with him.
360
00:25:07,297 --> 00:25:09,174
His childhood. Everything.
361
00:25:09,257 --> 00:25:11,176
Don't appeal, let's just go.
362
00:25:13,094 --> 00:25:16,348
So when they were sentenced
to three years, six months in prison,
363
00:25:17,349 --> 00:25:20,477
we were relieved,
celebrating because we won.
364
00:25:20,560 --> 00:25:22,479
They'll be out in a matter of months.
365
00:25:23,772 --> 00:25:26,858
But we realized there was malicious intent
from the authorities.
366
00:25:27,609 --> 00:25:30,737
{\an8}I was very worried,
and I had personally sought out
367
00:25:30,820 --> 00:25:33,198
{\an8}the State General Attorney of Tabasco,
368
00:25:33,281 --> 00:25:34,950
{\an8}Fernando Valenzuela,
369
00:25:35,033 --> 00:25:37,577
{\an8}to express my fears about Andrés's truck.
370
00:25:38,078 --> 00:25:41,206
{\an8}He hadn't done anything about it.
He didn't investigate the event.
371
00:25:41,790 --> 00:25:44,960
He didn't do anything.
The truck disappeared.
372
00:25:46,336 --> 00:25:49,130
And I had a bad feeling.
I think Andrés did too…
373
00:25:52,175 --> 00:25:53,635
and we left Tabasco.
374
00:25:54,469 --> 00:25:56,221
The guys were left alone.
375
00:25:57,514 --> 00:26:00,892
And Alberto Magaña is left
in charge of the case.
376
00:26:03,478 --> 00:26:06,106
Anyone who wants to help,
they end up leaving.
377
00:26:06,189 --> 00:26:08,358
They look at us like,
"What is there to gain?"
378
00:26:08,441 --> 00:26:10,151
They could end up getting killed.
379
00:26:12,195 --> 00:26:13,363
It's tricky, because…
380
00:26:14,239 --> 00:26:18,326
you try not to think about the emotions,
but they affect you.
381
00:26:20,537 --> 00:26:22,289
It was a really tough day for me.
382
00:26:22,914 --> 00:26:24,124
It was a hard topic.
383
00:26:26,001 --> 00:26:28,837
Because my daughter was
four and a half years old,
384
00:26:30,171 --> 00:26:32,632
and shouting because
she thought I was on fire.
385
00:26:35,510 --> 00:26:36,511
That's tough.
386
00:26:43,351 --> 00:26:45,186
Why did you stay
for so long then?
387
00:26:45,270 --> 00:26:46,855
Because someone has to do it.
388
00:26:46,938 --> 00:26:48,940
Someone has to help change
this damn country.
389
00:27:11,880 --> 00:27:13,673
When there was just one day left,
390
00:27:13,757 --> 00:27:14,924
we thought we had it.
391
00:27:15,508 --> 00:27:18,386
We were ready to get out.
We were almost out.
392
00:27:20,138 --> 00:27:21,890
But on the final day to appeal,
393
00:27:22,766 --> 00:27:24,934
the prosecutor's office appealed.
394
00:27:28,438 --> 00:27:33,068
So, one minute before the clock struck,
if not after the clock struck,
395
00:27:33,151 --> 00:27:34,653
{\an8}they appealed.
396
00:27:35,153 --> 00:27:38,531
{\an8}And neither Alberto Magaña
nor Andrés could appeal.
397
00:27:41,284 --> 00:27:44,537
We didn't understand.
"Why the prosecutors?"
398
00:27:44,621 --> 00:27:46,373
It wasn't even the victim.
399
00:27:47,248 --> 00:27:49,793
It was the prosecutor's office appealing.
400
00:28:03,598 --> 00:28:07,227
APPEAL COURT
401
00:28:10,105 --> 00:28:14,067
They took us in and…
it was just the prosecution.
402
00:28:15,235 --> 00:28:19,114
The attorney, Alberto Magaña,
came alone because…
403
00:28:19,739 --> 00:28:21,658
so much was going on with Andrés.
404
00:28:22,409 --> 00:28:24,244
There were threats against his life.
405
00:28:24,786 --> 00:28:26,246
So his colleague came.
406
00:28:27,372 --> 00:28:28,289
Magaña.
407
00:28:31,751 --> 00:28:34,295
Honestly, there was no way to defend them.
408
00:28:34,379 --> 00:28:36,339
Alberto Magaña went to the appeal hearing
409
00:28:36,423 --> 00:28:40,343
because he had to go to the court
to say the original sentence was adequate.
410
00:28:42,762 --> 00:28:44,848
What happened next was terrible.
411
00:28:45,890 --> 00:28:50,770
The defense considers
that the sentence was appropriate.
412
00:28:50,854 --> 00:28:55,024
The sentencing court correctly applied
413
00:28:55,108 --> 00:28:57,527
article 63.
414
00:28:57,610 --> 00:28:59,821
The prosecution didn't provide
any evidence
415
00:28:59,904 --> 00:29:02,574
to call for the maximum sentence,
which is what they requested.
416
00:29:02,657 --> 00:29:05,702
This hearing is now over.
417
00:29:06,369 --> 00:29:08,413
And all parties,
418
00:29:08,496 --> 00:29:12,625
following what article 63 establishes,
419
00:29:12,709 --> 00:29:14,586
are now notified.
420
00:29:16,296 --> 00:29:18,840
We all went home.
We went back to our lives,
421
00:29:18,923 --> 00:29:21,134
and I thought, "Everything was in motion."
422
00:29:21,217 --> 00:29:24,137
I thought, "Thank God, we did our part."
423
00:29:24,220 --> 00:29:25,513
"We did everything we could."
424
00:29:26,055 --> 00:29:27,891
"These guys have one foot out the door."
425
00:29:28,475 --> 00:29:30,059
"Just a couple more months."
426
00:29:31,728 --> 00:29:33,188
They brought us back here…
427
00:29:33,897 --> 00:29:36,191
and three days later,
the notification came.
428
00:29:38,610 --> 00:29:41,654
They said, "Guys, you're getting out.
They're coming with your releases."
429
00:29:41,738 --> 00:29:43,031
I was so excited.
430
00:29:51,664 --> 00:29:54,209
Juan Luis López García!
431
00:29:54,292 --> 00:29:56,461
Gonzalo García Hernández!
432
00:29:56,544 --> 00:29:58,338
Héctor Muñoz Muñoz!
433
00:30:05,178 --> 00:30:07,680
Gonzalo García Hernández!
434
00:30:14,312 --> 00:30:16,773
-Gonzalo!
-Juan Luis López García!
435
00:30:22,612 --> 00:30:23,863
We were so excited.
436
00:30:25,156 --> 00:30:27,617
They said we had
a three-and-a-half-year sentence…
437
00:30:29,452 --> 00:30:32,622
but still had 50 years left in prison.
438
00:30:33,957 --> 00:30:34,874
"What?"
439
00:30:40,547 --> 00:30:41,840
I couldn't believe it.
440
00:30:42,507 --> 00:30:43,800
Fifty years in prison?
441
00:30:52,725 --> 00:30:54,602
I pretty much just froze.
442
00:30:55,186 --> 00:30:56,938
I had a mental block.
443
00:30:58,106 --> 00:31:00,483
What am I going to do here for 50 years?
444
00:31:04,529 --> 00:31:07,156
They said
we now had a fifty-year sentence.
445
00:31:16,916 --> 00:31:19,586
I looked at it like…
I couldn't believe it.
446
00:31:21,379 --> 00:31:23,256
I told him I didn't believe it.
447
00:31:27,510 --> 00:31:29,304
It was really sad because…
448
00:31:34,809 --> 00:31:35,727
I mean…
449
00:31:38,771 --> 00:31:42,066
I can't even say I tried to put myself
in my brother's place.
450
00:31:43,902 --> 00:31:45,612
I know I'm not there.
451
00:31:46,571 --> 00:31:48,323
It must be so hard for him.
452
00:31:48,907 --> 00:31:49,991
It's so sad.
453
00:31:54,037 --> 00:31:57,081
We got it, signed it,
and went inside.
454
00:31:59,292 --> 00:32:02,545
We went to our cells, read,
talked for a while.
455
00:32:04,631 --> 00:32:05,840
Fifty more years.
456
00:32:26,486 --> 00:32:28,947
The one standing up
grabbed my head and hit me.
457
00:32:29,030 --> 00:32:32,158
"Don't even fucking move!"
458
00:32:32,241 --> 00:32:35,370
I told him, "I can't breathe. I can't."
459
00:32:35,453 --> 00:32:39,374
But they wanted me to say
something that wasn't true.
460
00:32:40,583 --> 00:32:45,004
It is your right to be detained
for 48 hours before you're sentenced.
461
00:32:45,088 --> 00:32:47,006
That's how it reads in the Constitution.
462
00:32:47,090 --> 00:32:52,512
The fact that those are our rights,
I think is absurd. It's ridiculous.
463
00:32:53,805 --> 00:32:56,140
I think there were a few of them,
464
00:32:57,684 --> 00:33:00,853
because one held my hands,
like this, subdued.
465
00:33:00,937 --> 00:33:02,397
One had his…
466
00:33:03,314 --> 00:33:05,733
his knee on my chest.
467
00:33:06,317 --> 00:33:08,695
They use that time
to obtain illegal evidence
468
00:33:08,778 --> 00:33:10,029
from another case.
469
00:33:10,113 --> 00:33:13,366
And in those 48 hours,
they torture and mistreat you.
470
00:33:13,950 --> 00:33:16,369
There was a row of bikes, and more above.
471
00:33:16,452 --> 00:33:19,497
They left me there, on my knees,
kind of hanging.
472
00:33:19,998 --> 00:33:24,002
Since I was taken there
until about five in the morning,
473
00:33:24,711 --> 00:33:26,087
I was kept there.
474
00:33:26,796 --> 00:33:27,714
On my knees.
475
00:33:27,797 --> 00:33:30,383
I didn't sleep, didn't drink any water.
476
00:33:31,926 --> 00:33:34,053
When we put public trials at the center,
477
00:33:34,595 --> 00:33:39,434
we thought that just by
the methodology of having a public trial
478
00:33:40,226 --> 00:33:43,438
where the public prosecutor
has to provide evidence
479
00:33:43,521 --> 00:33:46,190
for everyone to see,
including the defense,
480
00:33:46,816 --> 00:33:50,445
{\an8}where the judges have to figure out
the sentences in front of us,
481
00:33:50,528 --> 00:33:52,363
that it would end.
482
00:33:53,781 --> 00:33:55,992
And what is heartbreaking is realizing
483
00:33:56,075 --> 00:33:59,871
that the authoritarian inertia
of the system does not stop,
484
00:33:59,954 --> 00:34:01,456
even with public trials.
485
00:34:02,832 --> 00:34:05,752
It's not that the public trial reform
is a bad reform,
486
00:34:05,835 --> 00:34:07,170
it's just incomplete.
487
00:34:09,964 --> 00:34:13,426
What's missing is for the ideas
at the peak of the pyramid of justice
488
00:34:13,509 --> 00:34:15,636
to descend to the base of the pyramid.
489
00:34:16,220 --> 00:34:18,931
{\an8}So there are video recordings
of police interrogations,
490
00:34:19,015 --> 00:34:20,975
{\an8}video recordings of operations.
491
00:34:21,517 --> 00:34:23,311
{\an8}Video recordings of arrests.
492
00:34:25,063 --> 00:34:29,025
{\an8}With that, we could end torture
as a method of criminal investigation,
493
00:34:29,609 --> 00:34:33,738
and change the incentive structure
for agents in Mexico, for prosecutors,
494
00:34:34,280 --> 00:34:35,156
right?
495
00:34:36,866 --> 00:34:39,535
People would rather
have innocent people in prison
496
00:34:39,619 --> 00:34:41,996
as long as some are also guilty.
497
00:34:43,039 --> 00:34:44,957
When I think it should be the opposite.
498
00:34:45,041 --> 00:34:47,418
We should be afraid as a society
499
00:34:47,502 --> 00:34:51,297
that we're considering allowing
even one innocent person to be locked up
500
00:34:51,380 --> 00:34:53,549
in order to get
some guilty people as well.
501
00:34:53,633 --> 00:34:55,176
It just isn't worth it.
502
00:34:55,259 --> 00:34:59,639
Because at the end of the day,
if everyone understood what's going on,
503
00:34:59,722 --> 00:35:01,974
they would be afraid to leave their homes.
504
00:35:02,725 --> 00:35:06,229
You don't know if, on your way
to the store to pick up some cigarettes,
505
00:35:06,312 --> 00:35:11,442
the police might mistake you
for a drug dealer, a kidnapper, whatever.
506
00:35:13,236 --> 00:35:18,324
Let us remember that the original
Mexican criminal prosecution system
507
00:35:18,866 --> 00:35:20,743
was a political control system.
508
00:35:21,577 --> 00:35:25,498
A political control system
isn't designed to uncover the truth.
509
00:35:25,581 --> 00:35:29,961
And that political control system
was never uprooted.
510
00:35:30,044 --> 00:35:32,547
We just changed some rules
and the public hearings.
511
00:35:33,214 --> 00:35:35,925
There never was a fundamental,
political agreement
512
00:35:36,008 --> 00:35:38,594
to get politicians
out of the system, first,
513
00:35:38,678 --> 00:35:42,056
and second, for the system
to produce the truth.
514
00:35:42,849 --> 00:35:45,017
After a while, they came back.
515
00:35:45,101 --> 00:35:47,562
Again, they put the bag on my head.
516
00:35:49,480 --> 00:35:52,024
I kept telling them
I didn't know those men
517
00:35:52,108 --> 00:35:54,443
they wanted me to accuse.
518
00:35:54,527 --> 00:35:57,405
I said, "How can I accuse someone
I don't know?"
519
00:36:00,449 --> 00:36:05,079
1,914 DAYS IN PRISON
SEPTEMBER 22ND, 2020
520
00:36:06,873 --> 00:36:09,083
Two years went by
after the sentencing.
521
00:36:09,167 --> 00:36:12,295
In that time,
Tabasco elected a new government.
522
00:36:12,378 --> 00:36:15,673
Andrés Manuel López Obrador
won the presidential election…
523
00:36:17,258 --> 00:36:18,968
and COVID-19 hit the world.
524
00:36:23,014 --> 00:36:26,726
This pandemic suddenly sweeping in
has complicated things a great deal,
525
00:36:28,394 --> 00:36:29,979
because the courts were closed,
526
00:36:30,897 --> 00:36:32,356
and when they finally opened again,
527
00:36:34,108 --> 00:36:37,570
they had a vacation period,
and everyone went on vacation.
528
00:36:38,237 --> 00:36:39,780
There's no continuity.
529
00:36:43,242 --> 00:36:44,535
No awareness, I think,
530
00:36:45,203 --> 00:36:47,038
by the people who make these decisions.
531
00:36:47,121 --> 00:36:49,123
That there are three people…
532
00:36:50,458 --> 00:36:52,168
and many more who are innocent,
533
00:36:52,668 --> 00:36:55,379
who are waiting for a court
to make a decision
534
00:36:55,463 --> 00:36:56,923
so that they can go home.
535
00:37:00,509 --> 00:37:03,304
When someone tells you
who they are, believe them.
536
00:37:03,387 --> 00:37:05,681
The State General Attorney of Tabasco
has told us
537
00:37:05,765 --> 00:37:07,266
who they are from the beginning.
538
00:37:08,809 --> 00:37:11,312
They act like they'll let you go,
then arrest you.
539
00:37:11,896 --> 00:37:14,440
You're going to be exonerated?
They arrest you again.
540
00:37:14,523 --> 00:37:16,901
They aren't going to appeal
and then they do.
541
00:37:17,693 --> 00:37:19,278
They aren't playing fair.
542
00:37:20,363 --> 00:37:23,908
And like I've told you, letting someone
accused of kidnapping go free
543
00:37:23,991 --> 00:37:26,369
has a huge political cost in Mexico.
544
00:37:26,452 --> 00:37:27,703
Even if they're innocent.
545
00:37:30,248 --> 00:37:33,167
All we have left is the legal protection
of a constitutional appeal.
546
00:37:38,464 --> 00:37:39,757
It's complicated.
547
00:37:46,180 --> 00:37:47,932
How much time would that take?
548
00:37:53,437 --> 00:37:56,399
All I can guarantee is less than 50 years.
549
00:37:58,442 --> 00:38:00,403
For sure. That's it.
550
00:38:10,788 --> 00:38:11,622
Let's go.
551
00:38:12,581 --> 00:38:13,416
Thanks.
552
00:38:16,210 --> 00:38:17,044
Thanks.
553
00:38:18,629 --> 00:38:22,550
I promise you, really,
I'm going to do everything I can
554
00:38:22,633 --> 00:38:23,884
to speed this up.
555
00:38:34,729 --> 00:38:37,857
Mexico has a very clear
and logical rule:
556
00:38:37,940 --> 00:38:41,027
the State has to demonstrate
that you committed a crime.
557
00:38:41,652 --> 00:38:43,112
You, as the defendant,
558
00:38:43,195 --> 00:38:44,488
or as a defense attorney,
559
00:38:44,572 --> 00:38:47,199
all you have to prove
is a reasonable doubt.
560
00:38:47,283 --> 00:38:49,243
You don't even have to prove innocence.
561
00:38:50,036 --> 00:38:51,078
Despite that,
562
00:38:51,162 --> 00:38:55,207
you see courts operating
under a standard of presumed guilt.
563
00:38:57,877 --> 00:39:00,338
Because only when you assume
people are guilty,
564
00:39:00,421 --> 00:39:03,049
do you look for explanations
to help the prosecutors
565
00:39:03,132 --> 00:39:04,467
get their sentences.
566
00:39:05,801 --> 00:39:07,136
It's really frustrating for me
567
00:39:07,219 --> 00:39:09,764
that the prosecutors
don't understand their role,
568
00:39:09,847 --> 00:39:11,349
the police don't understand their role,
569
00:39:11,432 --> 00:39:13,434
the judges don't understand their role.
570
00:39:19,148 --> 00:39:22,943
When I got out, I was ashamed.
People called me a kidnapper.
571
00:39:23,027 --> 00:39:24,111
ABSOLVED
572
00:39:24,195 --> 00:39:25,571
That's why I left.
573
00:39:27,573 --> 00:39:30,117
That's when I decided to start a new life,
574
00:39:30,201 --> 00:39:32,953
where no one's looking for me,
no one knows me.
575
00:39:34,789 --> 00:39:36,707
I couldn't sleep in my house.
576
00:39:36,791 --> 00:39:39,418
Whenever I saw police, I would hide,
577
00:39:39,502 --> 00:39:42,380
because I was afraid
they'd arrest me again.
578
00:39:44,590 --> 00:39:48,010
I don't know why I'm tainted
if I was declared innocent.
579
00:39:53,265 --> 00:39:55,976
There must be something
more detailed and sophisticated…
580
00:39:56,519 --> 00:39:57,478
than that.
581
00:39:57,561 --> 00:40:00,940
That whenever someone accuses you
of a crime, that's your trial.
582
00:40:02,525 --> 00:40:03,567
It's fundamental.
583
00:40:04,402 --> 00:40:06,112
We have the right to freedom.
584
00:40:06,779 --> 00:40:07,613
Right?
585
00:40:07,696 --> 00:40:10,366
But in Mexico, you aren't guaranteed
your right to freedom.
586
00:40:15,621 --> 00:40:17,748
It has affected us a great deal.
587
00:40:18,749 --> 00:40:21,335
Being away from my son, from my mom.
588
00:40:22,503 --> 00:40:23,963
And I'm afraid that…
589
00:40:27,800 --> 00:40:30,594
when I finally have the opportunity
to get out of here,
590
00:40:31,178 --> 00:40:32,471
they won't be with me.
591
00:40:34,098 --> 00:40:36,308
Everyone knows what really happened,
592
00:40:36,392 --> 00:40:38,811
but no one wants to accept
that they're innocent.
593
00:40:39,437 --> 00:40:40,396
Why not?
594
00:40:40,479 --> 00:40:42,481
We don't get it. Why?
595
00:40:43,941 --> 00:40:45,484
Being here affects you.
596
00:40:46,444 --> 00:40:48,154
Unfortunately, but it's the truth.
597
00:40:49,071 --> 00:40:51,657
It affects you, it's very traumatic.
598
00:40:54,034 --> 00:40:56,787
It's 50 years. It's a lifetime.
599
00:41:00,291 --> 00:41:02,334
You have no future.
600
00:41:03,669 --> 00:41:06,547
Honestly, it's been really, really hard.
601
00:41:08,299 --> 00:41:10,718
Some days,
you just don't want to get out of bed.
602
00:41:11,469 --> 00:41:14,346
But you remember you have two kids
and you have to keep going.
603
00:41:15,055 --> 00:41:18,058
Whenever he talks to me,
I talk to him normally,
604
00:41:18,142 --> 00:41:19,852
so he feels like we're okay.
605
00:41:20,561 --> 00:41:22,771
But personally, I'm not okay.
606
00:41:23,939 --> 00:41:25,316
He thinks I'm fine.
607
00:41:25,399 --> 00:41:28,569
Sometimes he says
it must be easy for me to be outside.
608
00:41:29,069 --> 00:41:33,365
And I can't tell him it's the same.
It's as though I were the same.
609
00:41:34,241 --> 00:41:36,660
I'm trapped. I'm trapped in something.
610
00:41:40,831 --> 00:41:43,042
In prison, so many things
go through your mind.
611
00:41:46,670 --> 00:41:47,838
So many things.
612
00:41:49,173 --> 00:41:52,676
And the easiest way out is…
hanging yourself.
613
00:41:52,760 --> 00:41:55,679
I've thought about it.
I wanted to on that day.
614
00:42:00,059 --> 00:42:01,268
You feel useless.
615
00:42:05,648 --> 00:42:07,775
You want it all to be a dream.
616
00:42:07,858 --> 00:42:09,485
To wake up and realize…
617
00:42:11,820 --> 00:42:12,863
I'm in my house.
618
00:42:15,157 --> 00:42:16,700
With those I love the most.
619
00:42:18,536 --> 00:42:19,537
But no.
620
00:42:25,334 --> 00:42:26,752
They've ruined our lives.
621
00:42:42,893 --> 00:42:44,186
AS OF PRODUCTION,
622
00:42:44,270 --> 00:42:47,690
HÉCTOR, GONZALO AND JUAN LUIS
HAD SPENT 2,268 DAYS IN PRISON
623
00:42:47,773 --> 00:42:50,776
AND THE CONSTITUTIONAL APPEAL
THAT COULD GIVE THEM THEIR FREEDOM
624
00:42:50,859 --> 00:42:52,945
HAD NOT YET BEEN EVALUATED.
625
00:42:53,946 --> 00:42:56,865
NONE OF THE PUBLIC OFFICIALS
INVOLVED IN THE CASE
626
00:42:56,949 --> 00:42:58,742
HAVE BEEN INVESTIGATED FOR TORTURE.
627
00:42:58,826 --> 00:43:02,913
MOST OF THEM ARE STILL ACTIVE,
WITH GREATER POWER AND RESPONSIBILITIES.
628
00:43:03,956 --> 00:43:07,543
WE THANK THE FAMILIES OF DARWIN,
GONZALO, HÉCTOR AND JUAN LUIS.
629
00:43:07,626 --> 00:43:10,045
EVA, MAYRA, MARINA,
JUANA, MIGUELINA AND YAZMÍN.
630
00:43:10,129 --> 00:43:14,717
TO MIGUEL SANSORES
AND THE TABASCO INNOCENCE PROJECT.
631
00:43:14,800 --> 00:43:18,804
TO THE ATTORNEYS
ANDRÉS ANDRADE AND ALBERTO MAGAÑA.
632
00:43:18,887 --> 00:43:22,224
TO IKER IBARRECHE,
WHO TOOK OVER THE DEFENSE FROM 2020.
633
00:43:22,308 --> 00:43:27,021
TO THE AUTHORITIES, CUSTODIANS AND INMATES
WHO MADE FILMING POSSIBLE.
634
00:45:34,231 --> 00:45:38,569
Subtitle translation by Julieta Gazzaniga