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VILLAHERMOSA-TEAPA FREEWAY, TABASCO
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[sirens blaring]
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[ominous music playing]
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[camera shutters clicking]
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[Andrés] 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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[Edward] 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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[ominous music playing]
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A NETFLIX DOCUMENTARY SERIES
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[theme music playing]
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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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[Andrés] 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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[indistinct conversation]
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-[judge] You may continue.
-[attorney] 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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[ACP] No… yes.
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There…
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[microphone static] 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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[ACP] No, could you repeat that?
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Are you aware
that lying in court is a crime?
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[ACP] Yes, I am.
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[Andrés] 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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[ACP] Well, yes and no,
because he didn't manage to--
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[Andrés] Yes or no, please, sir.
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[ACP] Yes.
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He reached
through the passenger window, right?
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[ACP] 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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[ACP] 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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[ACP] 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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[ACP] Yes, your Honor. I have a permit
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for a .22 caliber.
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[Andrés] 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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[ACP] Hmm…
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Yes, I think so… I guess.
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[Andrés] You guess.
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[ACP] 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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-[ACP] I have various--
-[Andrés] Sir, yes or no?
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-[ACP] Carrying it is a crime, yes.
-[Andrés] Yes or no, sir.
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[woman] Honorable court,
may I make a request?
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Yes?
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[woman] Can the victim take five minutes?
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He's getting unsettled.
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-Just so he calms down.
-[judge 1 whispers] Does he qualify?
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[woman] 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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[judge 2] 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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[judge 2] Very well. Defense?
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[Andrés] 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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[ACP] I was in bad health in November. I--
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I mean about right now.
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[ACP] Well…
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Let's continue.
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You're in good condition to continue?
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[ACP] 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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[ACP] I showed it to the DA.
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So you showed the permit
to the DA. Correct?
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[tense music playing]
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Mr. ACP, I'm asking you a question.
Please, answer.
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[ACP] No.
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[Andrés, surprised] No?
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[ACP] 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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[ACP] No. [sighs]
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[Andrés] Nothing further.
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[Roberto] When is the hearing?
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September 7th, at 8:15.
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[Roberto] 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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[melancholic music playing]
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[indistinct chatter]
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[recorded message]
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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[Marina] We brought them in December.
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Right. Since December…
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December, January, February, March.
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-[Marina] Yeah, it's been a while.
-Yeah, it has.
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-It's almost December again.
-[operator] Your time is up.
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[Juan Luis] 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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-[guard] Muñoz Muñoz, Héctor.
-Here!
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[Héctor] 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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[Gonzalo] 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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because I know
she can't stand seeing me here.
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1,233 DAYS IN PRISON
THE VERDICT
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[intriguing music playing]
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[inaudible]
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I think what's complicated here
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is the period of time
between when we started
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in February, which was then deferred
to March, and now it's September.
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So it's been six months of public trials.
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With long pauses between hearings,
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which causes them to lose sight
of the immediacy,
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the judges lose the feelings,
the emotions from our arguments,
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from the witnesses.
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Do you feel good about it?
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Yeah, we feel good.
We're confident in what we've presented.
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If this is resolved lawfully,
there's no way they'll be found guilty.
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I'm prepared, I guess,
emotionally and mentally
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to see him go free.
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But not the opposite, honestly, no.
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I thought if they say we're free,
what will I do?
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Run to hug my family,
jump for joy, but I thought,
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"First, I want to hear it."
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I got up earlier than usual.
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I took a shower, brushed my hair.
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We prepared for the public trial.
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But when we sat down
and saw the judges come in,
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all three of them
have these looks on their faces,
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like they were annoyed…
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Like they were angry.
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[Roberto]
The process had stops and starts,
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the hearings were interrupted.
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But what was most worrisome was that
when the verdict was going to be decided,
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one of the three judges
had been substituted by another judge.
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It wasn't the same court.
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One court heard the evidence,
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and a different court
would decide the sentence.
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Yes, I remember how the judges looked.
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It was a tribunal
that didn't look comfortable.
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They weren't convinced
of what they were saying.
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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
248
00:16:53,387 --> 00:16:57,766
this court of prosecution has,
uh… decided on.
249
00:16:59,268 --> 00:17:00,394
I felt something…
250
00:17:02,271 --> 00:17:03,230
and thought…
251
00:17:04,523 --> 00:17:05,899
"They won't let us go."
252
00:17:05,983 --> 00:17:08,193
This court has unanimously decided
253
00:17:08,277 --> 00:17:10,738
to rule against Juan Luis López García,
254
00:17:10,821 --> 00:17:13,741
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
255
00:17:13,824 --> 00:17:17,411
based on the accusation
made by the public prosecutor's office
256
00:17:17,494 --> 00:17:20,414
in the criminal case 33, from 2015,
257
00:17:20,497 --> 00:17:23,542
of attempted aggravated kidnapping
258
00:17:23,625 --> 00:17:24,960
of ACP.
259
00:17:26,670 --> 00:17:28,547
I was cold. I had goosebumps.
260
00:17:29,423 --> 00:17:32,301
But when I heard that,
I forgot about being cold.
261
00:17:33,677 --> 00:17:35,012
I forgot about everything.
262
00:17:39,099 --> 00:17:41,226
Because I had made a resolution…
263
00:17:43,645 --> 00:17:45,147
that as soon as I got out,
264
00:17:46,315 --> 00:17:49,068
I would find work, for my kids.
265
00:17:49,151 --> 00:17:51,361
Regarding the criminal responsibility
266
00:17:51,445 --> 00:17:54,948
of the accused, Héctor Muñoz Muñoz,
Gonzalo García Hernández
267
00:17:55,032 --> 00:17:56,700
and Juan Luis López García,
268
00:17:56,784 --> 00:17:59,286
we believe it was proved beyond doubt
269
00:17:59,369 --> 00:18:03,791
through the logical and legal correlation
of the evidence provided.
270
00:18:05,167 --> 00:18:07,169
I remember we were upset because,
271
00:18:07,252 --> 00:18:10,506
to start, they considered the event
proven to have happened.
272
00:18:11,507 --> 00:18:12,716
We were stunned.
273
00:18:13,717 --> 00:18:16,303
We didn't think the events
were proven to have happened,
274
00:18:16,970 --> 00:18:19,139
much less the criminal responsibility,
275
00:18:19,223 --> 00:18:23,310
so we knew things weren't looking good
when they were explaining the sentence.
276
00:18:23,393 --> 00:18:27,564
Against the accused,
we have the testimony of ACP, the victim,
277
00:18:27,648 --> 00:18:30,025
and of the eyewitness, ACC.
278
00:18:30,109 --> 00:18:33,779
With their spontaneous,
chronological and detailed statements,
279
00:18:33,862 --> 00:18:35,989
they demonstrated before this court
280
00:18:36,573 --> 00:18:40,160
the behavior of each of the accused men.
281
00:18:40,244 --> 00:18:41,787
We deem irrelevant
282
00:18:41,870 --> 00:18:45,666
the statement of Dr. Edward Charles
Alexander Worrall González
283
00:18:45,749 --> 00:18:50,003
about the reconstruction of the events
of September 9th, 2017.
284
00:18:52,381 --> 00:18:53,882
You have a public trial,
285
00:18:53,966 --> 00:18:57,803
in which they are trying to discredit
the experts' opinion
286
00:18:57,886 --> 00:18:59,513
on the physics of the events,
287
00:18:59,596 --> 00:19:02,182
because they didn't use
the exact same vehicle
288
00:19:02,266 --> 00:19:05,102
on the exact same day,
at the exact same time,
289
00:19:05,853 --> 00:19:07,104
when that's meaningless.
290
00:19:08,021 --> 00:19:11,733
We're studying the trajectory
of a bullet shot from a firearm,
291
00:19:11,817 --> 00:19:15,654
and the wound that it caused
and if that is consistent with the events.
292
00:19:17,239 --> 00:19:20,534
When, in context, the ones
who have the fucking responsibility
293
00:19:20,617 --> 00:19:23,287
to prove guilt is them,
not us prove innocence.
294
00:19:28,667 --> 00:19:30,627
Andrés will tell you
what will happen next,
295
00:19:31,378 --> 00:19:32,588
but this isn't the end.
296
00:19:33,213 --> 00:19:34,798
This sentence has no basis.
297
00:19:35,632 --> 00:19:36,550
I'm so sorry.
298
00:19:37,134 --> 00:19:43,182
NEW CRIMINAL JUSTICE SYSTEM IN TABASCO
299
00:19:45,726 --> 00:19:47,269
I just can't right now.
300
00:19:47,352 --> 00:19:48,896
[sobbing]
301
00:19:49,813 --> 00:19:51,607
[Juan Luis] They said we'd be released.
302
00:19:54,693 --> 00:19:57,613
To hell with that. I can't believe it.
303
00:19:58,655 --> 00:20:00,782
I can't believe what they are doing.
304
00:20:01,700 --> 00:20:05,287
No. I think if we had lied,
we'd be free by now.
305
00:20:07,706 --> 00:20:10,334
This is a mockery.
Why did they take so long?
306
00:20:11,126 --> 00:20:12,169
We don't know.
307
00:20:13,545 --> 00:20:16,548
As we said, to try to justify
finding them guilty.
308
00:20:17,633 --> 00:20:20,594
Just closing the book
on everything we've shown,
309
00:20:20,677 --> 00:20:24,431
and honestly, it's impossible to think
that this will generate a conviction
310
00:20:24,514 --> 00:20:26,141
beyond a reasonable doubt.
311
00:20:33,523 --> 00:20:34,942
[engine starts]
312
00:20:39,154 --> 00:20:40,656
[siren blares]
313
00:20:42,866 --> 00:20:44,576
STATE POLICE
314
00:20:52,584 --> 00:20:55,254
[indistinct male voices]
315
00:21:04,638 --> 00:21:07,724
Afterwards, there will be
an individual sentencing hearing,
316
00:21:07,808 --> 00:21:08,850
which means that,
317
00:21:08,934 --> 00:21:12,479
at the next hearing, they'll tell you
how long the sentences are.
318
00:21:14,064 --> 00:21:16,149
Yeah, we were pissed off that day.
We were mad.
319
00:21:18,443 --> 00:21:19,486
We came back…
320
00:21:21,905 --> 00:21:25,659
and we were down. Just thinking,
"It could be a long sentence."
321
00:21:29,579 --> 00:21:36,545
SENTENCE
SEPTEMBER 17TH, 2018
322
00:21:59,443 --> 00:22:02,654
I saw them looking,
I'd say, ashamed, embarrassed.
323
00:22:05,699 --> 00:22:07,117
And, at the end of the day,
324
00:22:07,200 --> 00:22:09,995
when they handed down
the individual sentences,
325
00:22:10,078 --> 00:22:11,621
and laid out the prison time,
326
00:22:12,622 --> 00:22:14,333
everyone was looking around like,
327
00:22:15,083 --> 00:22:18,045
"Let's at least do this,
so it isn't so bad."
328
00:22:20,130 --> 00:22:22,007
For being found guilty
329
00:22:22,090 --> 00:22:24,885
of the crime
of attempted aggravated kidnapping,
330
00:22:24,968 --> 00:22:28,930
you shall be sentenced according
to article 9, first section, paragraph A,
331
00:22:29,014 --> 00:22:32,184
and article 10, first section,
paragraphs A, B and C
332
00:22:32,267 --> 00:22:34,186
regarding kidnapping.
333
00:22:34,269 --> 00:22:37,856
Each of you will serve
three years and six months in prison,
334
00:22:37,939 --> 00:22:39,107
and 200 days as a fine,
335
00:22:39,191 --> 00:22:41,109
from the date this sentence
336
00:22:41,193 --> 00:22:43,945
is declared in force.
337
00:22:44,029 --> 00:22:49,576
However, the days you've been deprived
from your freedom pre-trial
338
00:22:49,659 --> 00:22:51,286
will be deducted.
339
00:22:53,205 --> 00:22:55,832
I was like, "My God,
did I hear that right?"
340
00:22:57,584 --> 00:22:58,752
"Three years, six months?"
341
00:22:59,336 --> 00:23:02,047
I looked at the lawyers
and they were like, "You're out."
342
00:23:03,173 --> 00:23:05,592
We'd already been in prison
for three years, six months.
343
00:23:06,843 --> 00:23:07,761
The sentence was short,
344
00:23:07,844 --> 00:23:10,597
because they were pretty much saying,
"This was over, that's it."
345
00:23:11,223 --> 00:23:13,975
"Give me the three years, six months
and we're out of here."
346
00:23:16,061 --> 00:23:17,270
I was happy,
347
00:23:18,063 --> 00:23:20,690
but I also knew I'd be getting out
with a criminal record.
348
00:23:22,192 --> 00:23:24,152
-[applause]
-[inaudible women's voices]
349
00:23:25,278 --> 00:23:26,822
-[man] Thank you.
-No, it's okay.
350
00:23:26,905 --> 00:23:27,781
[inaudible]
351
00:23:27,864 --> 00:23:29,199
Goodbye, thank you.
352
00:23:29,282 --> 00:23:31,451
-See you later.
-[Eva] Thank you.
353
00:23:31,535 --> 00:23:33,036
-[Andrés] Excuse me.
-[Eva] See you.
354
00:23:35,455 --> 00:23:39,209
It wasn't all happiness because
we wanted them to be free right then.
355
00:23:40,043 --> 00:23:44,172
But we knew it wouldn't be long.
Just months, or days.
356
00:23:46,133 --> 00:23:47,884
[judge] Mr. Juan Luis López García,
357
00:23:47,968 --> 00:23:50,762
Héctor Muñoz Muñoz
and Gonzalo García Hernández,
358
00:23:50,846 --> 00:23:54,433
do you have anything to say?
Any questions?
359
00:23:54,516 --> 00:23:55,392
No.
360
00:23:55,475 --> 00:23:56,977
-[judge] Sir?
-[Gonzalo] No, nothing.
361
00:23:57,060 --> 00:23:57,894
Sir?
362
00:23:58,478 --> 00:24:01,106
[woman 1 ] You have nothing
to hang your heads about, got it?
363
00:24:01,189 --> 00:24:02,983
[woman 2] Take care, Uncle, I love you.
364
00:24:03,066 --> 00:24:05,402
[woman 1] They do,
but not you guys, got it?
365
00:24:17,873 --> 00:24:19,708
{\an8}-[man] Say hi.
-[woman 1] I love you.
366
00:24:19,791 --> 00:24:23,211
{\an8}PRISON GUARD
367
00:24:32,095 --> 00:24:36,516
Well, I think that seeing the evidence
that was obviously in our favor,
368
00:24:36,600 --> 00:24:38,852
this was their way of apologizing.
369
00:24:38,935 --> 00:24:42,689
As soon as the window to appeal runs out,
they can go.
370
00:24:44,566 --> 00:24:46,193
And that's what we did.
371
00:24:48,987 --> 00:24:50,155
Why would we keep fighting?
372
00:24:50,238 --> 00:24:53,450
Take more time appealing the matter
while they remain in prison?
373
00:24:54,409 --> 00:24:56,411
They're a couple of months
away from freedom.
374
00:24:58,205 --> 00:25:00,957
It's about freedom
and I want to be with my family.
375
00:25:01,041 --> 00:25:02,334
I want to be with my son.
376
00:25:04,336 --> 00:25:06,546
They've robbed me
of so much time with him.
377
00:25:07,255 --> 00:25:09,132
His childhood. Everything.
378
00:25:09,216 --> 00:25:11,134
Don't appeal, let's just go.
379
00:25:13,053 --> 00:25:16,306
So when they were sentenced
to three years, six months in prison,
380
00:25:17,307 --> 00:25:20,435
we were relieved,
celebrating because we won.
381
00:25:20,519 --> 00:25:22,437
They'll be out in a matter of months.
382
00:25:23,730 --> 00:25:26,816
But we realized there was malicious intent
from the authorities.
383
00:25:27,567 --> 00:25:30,695
{\an8}I was very worried,
and I had personally sought out
384
00:25:30,779 --> 00:25:33,156
{\an8}the State General Attorney of Tabasco,
385
00:25:33,240 --> 00:25:34,908
{\an8}Fernando Valenzuela,
386
00:25:34,991 --> 00:25:37,536
{\an8}to express my fears about Andrés's truck.
387
00:25:38,036 --> 00:25:41,164
{\an8}He hadn't done anything about it.
He didn't investigate the event.
388
00:25:41,748 --> 00:25:44,918
He didn't do anything.
The truck disappeared.
389
00:25:46,294 --> 00:25:49,089
And I had a bad feeling.
I think Andrés did too…
390
00:25:52,133 --> 00:25:53,593
and we left Tabasco.
391
00:25:54,427 --> 00:25:56,179
The guys were left alone.
392
00:25:57,472 --> 00:26:00,850
And Alberto Magaña is left
in charge of the case.
393
00:26:03,436 --> 00:26:06,064
Anyone who wants to help,
they end up leaving.
394
00:26:06,147 --> 00:26:08,316
They look at us like,
"What is there to gain?"
395
00:26:08,400 --> 00:26:10,110
They could end up getting killed.
396
00:26:12,153 --> 00:26:13,321
It's tricky, because…
397
00:26:14,197 --> 00:26:18,285
you try not to think about the emotions,
but they affect you.
398
00:26:20,495 --> 00:26:22,247
It was a really tough day for me.
399
00:26:22,872 --> 00:26:24,082
It was a hard topic.
400
00:26:25,959 --> 00:26:28,795
Because my daughter was
four and a half years old,
401
00:26:30,130 --> 00:26:32,591
and shouting because
she thought I was on fire.
402
00:26:35,468 --> 00:26:36,469
That's tough.
403
00:26:43,310 --> 00:26:45,145
[Roberto] Why did you stay
for so long then?
404
00:26:45,228 --> 00:26:46,813
Because someone has to do it.
405
00:26:46,896 --> 00:26:48,898
Someone has to help change
this damn country.
406
00:27:11,838 --> 00:27:13,632
[Juan Luis]
When there was just one day left,
407
00:27:13,715 --> 00:27:14,883
we thought we had it.
408
00:27:15,467 --> 00:27:18,345
We were ready to get out.
We were almost out.
409
00:27:20,096 --> 00:27:21,848
But on the final day to appeal,
410
00:27:22,724 --> 00:27:24,893
the prosecutor's office appealed.
411
00:27:28,396 --> 00:27:33,026
So, one minute before the clock struck,
if not after the clock struck,
412
00:27:33,109 --> 00:27:34,611
{\an8}they appealed.
413
00:27:35,111 --> 00:27:38,490
{\an8}And neither Alberto Magaña
nor Andrés could appeal.
414
00:27:41,242 --> 00:27:44,496
We didn't understand.
"Why the prosecutors?"
415
00:27:44,579 --> 00:27:46,331
It wasn't even the victim.
416
00:27:47,207 --> 00:27:49,751
It was the prosecutor's office appealing.
417
00:28:03,556 --> 00:28:07,185
APPEAL COURT
418
00:28:10,063 --> 00:28:14,025
They took us in and…
it was just the prosecution.
419
00:28:15,193 --> 00:28:19,072
The attorney, Alberto Magaña,
came alone because…
420
00:28:19,698 --> 00:28:21,616
so much was going on with Andrés.
421
00:28:22,367 --> 00:28:24,202
There were threats against his life.
422
00:28:24,744 --> 00:28:26,204
So his colleague came.
423
00:28:27,330 --> 00:28:28,248
Magaña.
424
00:28:31,710 --> 00:28:34,254
Honestly, there was no way to defend them.
425
00:28:34,337 --> 00:28:36,297
Alberto Magaña went to the appeal hearing
426
00:28:36,381 --> 00:28:40,301
because he had to go to the court
to say the original sentence was adequate.
427
00:28:42,721 --> 00:28:44,806
What happened next was terrible.
428
00:28:45,849 --> 00:28:50,729
The defense considers
that the sentence was appropriate.
429
00:28:50,812 --> 00:28:54,983
The sentencing court correctly applied
430
00:28:55,066 --> 00:28:57,485
article 63.
431
00:28:57,569 --> 00:28:59,779
The prosecution didn't provide
any evidence
432
00:28:59,863 --> 00:29:02,532
to call for the maximum sentence,
which is what they requested.
433
00:29:02,615 --> 00:29:05,660
This hearing is now over.
434
00:29:06,327 --> 00:29:08,371
And all parties,
435
00:29:08,455 --> 00:29:12,584
following what article 63 establishes,
436
00:29:12,667 --> 00:29:14,544
are now notified.
437
00:29:16,254 --> 00:29:18,798
We all went home.
We went back to our lives,
438
00:29:18,882 --> 00:29:21,092
and I thought, "Everything was in motion."
439
00:29:21,176 --> 00:29:24,095
I thought, "Thank God, we did our part."
440
00:29:24,179 --> 00:29:25,472
"We did everything we could."
441
00:29:26,014 --> 00:29:27,849
"These guys have one foot out the door."
442
00:29:28,433 --> 00:29:30,018
"Just a couple more months."
443
00:29:31,686 --> 00:29:33,146
They brought us back here…
444
00:29:33,855 --> 00:29:36,149
and three days later,
the notification came.
445
00:29:38,568 --> 00:29:41,613
They said, "Guys, you're getting out.
They're coming with your releases."
446
00:29:41,696 --> 00:29:42,989
I was so excited.
447
00:29:47,619 --> 00:29:48,578
[metal clanging]
448
00:29:51,623 --> 00:29:54,167
[yells] Juan Luis López García!
449
00:29:54,250 --> 00:29:56,419
Gonzalo García Hernández!
450
00:29:56,503 --> 00:29:58,296
Héctor Muñoz Muñoz!
451
00:29:58,379 --> 00:29:59,672
[indistinct cheering]
452
00:30:00,673 --> 00:30:03,384
[indistinct cheering]
453
00:30:05,136 --> 00:30:07,639
[inmate 1] Gonzalo García Hernández!
454
00:30:07,722 --> 00:30:09,057
[indistinct cheering]
455
00:30:14,270 --> 00:30:16,731
-[inmate 2] Gonzalo!
-[inmate 1] Juan Luis López García!
456
00:30:22,570 --> 00:30:23,822
[Gonzalo] We were so excited.
457
00:30:25,114 --> 00:30:27,575
They said we had
a three-and-a-half-year sentence…
458
00:30:29,410 --> 00:30:32,580
but still had 50 years left in prison.
459
00:30:33,915 --> 00:30:34,833
"What?"
460
00:30:40,505 --> 00:30:41,798
I couldn't believe it.
461
00:30:42,465 --> 00:30:43,758
Fifty years in prison?
462
00:30:44,467 --> 00:30:45,677
[dramatic sting]
463
00:30:45,760 --> 00:30:49,055
[ominous music playing]
464
00:30:52,684 --> 00:30:54,561
[Juan Luis] I pretty much just froze.
465
00:30:55,144 --> 00:30:56,896
I had a mental block.
466
00:30:58,064 --> 00:31:00,441
What am I going to do here for 50 years?
467
00:31:04,487 --> 00:31:07,115
[Héctor] They said
we now had a fifty-year sentence.
468
00:31:16,875 --> 00:31:19,544
I looked at it like…
I couldn't believe it.
469
00:31:21,337 --> 00:31:23,214
I told him I didn't believe it.
470
00:31:27,468 --> 00:31:29,262
[Eva] It was really sad because…
471
00:31:34,767 --> 00:31:35,685
I mean…
472
00:31:38,730 --> 00:31:42,025
I can't even say I tried to put myself
in my brother's place.
473
00:31:43,860 --> 00:31:45,570
I know I'm not there.
474
00:31:46,529 --> 00:31:48,281
It must be so hard for him.
475
00:31:48,865 --> 00:31:49,949
It's so sad.
476
00:31:53,995 --> 00:31:57,040
[Héctor] We got it, signed it,
and went inside.
477
00:31:59,250 --> 00:32:02,503
We went to our cells, read,
talked for a while.
478
00:32:04,589 --> 00:32:05,798
Fifty more years.
479
00:32:11,012 --> 00:32:12,889
[dramatic sting]
480
00:32:21,230 --> 00:32:23,191
[dramatic sting]
481
00:32:26,444 --> 00:32:28,905
[Héctor] The one standing up
grabbed my head and hit me.
482
00:32:28,988 --> 00:32:32,116
"Don't even fucking move!"
483
00:32:32,200 --> 00:32:35,328
I told him, "I can't breathe. I can't."
484
00:32:35,411 --> 00:32:39,332
But they wanted me to say
something that wasn't true.
485
00:32:40,541 --> 00:32:44,963
It is your right to be detained
for 48 hours before you're sentenced.
486
00:32:45,046 --> 00:32:46,965
That's how it reads in the Constitution.
487
00:32:47,048 --> 00:32:52,470
The fact that those are our rights,
I think is absurd. It's ridiculous.
488
00:32:53,763 --> 00:32:56,099
I think there were a few of them,
489
00:32:57,642 --> 00:33:00,812
because one held my hands,
like this, subdued.
490
00:33:00,895 --> 00:33:02,355
One had his…
491
00:33:03,272 --> 00:33:05,692
his knee on my chest.
492
00:33:06,275 --> 00:33:08,653
They use that time
to obtain illegal evidence
493
00:33:08,736 --> 00:33:09,988
from another case.
494
00:33:10,071 --> 00:33:13,324
And in those 48 hours,
they torture and mistreat you.
495
00:33:13,908 --> 00:33:16,327
There was a row of bikes, and more above.
496
00:33:16,411 --> 00:33:19,455
They left me there, on my knees,
kind of hanging.
497
00:33:19,956 --> 00:33:23,960
Since I was taken there
until about five in the morning,
498
00:33:24,669 --> 00:33:26,045
I was kept there.
499
00:33:26,754 --> 00:33:27,672
On my knees.
500
00:33:27,755 --> 00:33:30,341
I didn't sleep, didn't drink any water.
501
00:33:31,884 --> 00:33:34,012
When we put public trials at the center,
502
00:33:34,554 --> 00:33:39,392
we thought that just by
the methodology of having a public trial
503
00:33:40,184 --> 00:33:43,396
where the public prosecutor
has to provide evidence
504
00:33:43,479 --> 00:33:46,149
for everyone to see,
including the defense,
505
00:33:46,774 --> 00:33:50,403
{\an8}where the judges have to figure out
the sentences in front of us,
506
00:33:50,486 --> 00:33:52,321
that it would end.
507
00:33:53,740 --> 00:33:55,950
And what is heartbreaking is realizing
508
00:33:56,034 --> 00:33:59,829
that the authoritarian inertia
of the system does not stop,
509
00:33:59,912 --> 00:34:01,414
even with public trials.
510
00:34:02,790 --> 00:34:05,710
It's not that the public trial reform
is a bad reform,
511
00:34:05,793 --> 00:34:07,128
it's just incomplete.
512
00:34:09,922 --> 00:34:13,384
What's missing is for the ideas
at the peak of the pyramid of justice
513
00:34:13,468 --> 00:34:15,595
to descend to the base of the pyramid.
514
00:34:16,179 --> 00:34:18,890
{\an8}So there are video recordings
of police interrogations,
515
00:34:18,973 --> 00:34:20,933
{\an8}video recordings of operations.
516
00:34:21,476 --> 00:34:23,269
{\an8}Video recordings of arrests.
517
00:34:25,021 --> 00:34:28,983
{\an8}With that, we could end torture
as a method of criminal investigation,
518
00:34:29,567 --> 00:34:33,696
and change the incentive structure
for agents in Mexico, for prosecutors,
519
00:34:34,238 --> 00:34:35,114
right?
520
00:34:36,824 --> 00:34:39,494
People would rather
have innocent people in prison
521
00:34:39,577 --> 00:34:41,954
as long as some are also guilty.
522
00:34:42,997 --> 00:34:44,916
When I think it should be the opposite.
523
00:34:44,999 --> 00:34:47,376
We should be afraid as a society
524
00:34:47,460 --> 00:34:51,255
that we're considering allowing
even one innocent person to be locked up
525
00:34:51,339 --> 00:34:53,508
in order to get
some guilty people as well.
526
00:34:53,591 --> 00:34:55,134
It just isn't worth it.
527
00:34:55,218 --> 00:34:59,597
Because at the end of the day,
if everyone understood what's going on,
528
00:34:59,680 --> 00:35:01,933
they would be afraid to leave their homes.
529
00:35:02,683 --> 00:35:06,187
You don't know if, on your way
to the store to pick up some cigarettes,
530
00:35:06,270 --> 00:35:11,400
the police might mistake you
for a drug dealer, a kidnapper, whatever.
531
00:35:13,194 --> 00:35:18,282
Let us remember that the original
Mexican criminal prosecution system
532
00:35:18,825 --> 00:35:20,701
was a political control system.
533
00:35:21,536 --> 00:35:25,456
A political control system
isn't designed to uncover the truth.
534
00:35:25,540 --> 00:35:29,919
And that political control system
was never uprooted.
535
00:35:30,002 --> 00:35:32,505
We just changed some rules
and the public hearings.
536
00:35:33,172 --> 00:35:35,883
There never was a fundamental,
political agreement
537
00:35:35,967 --> 00:35:38,553
to get politicians
out of the system, first,
538
00:35:38,636 --> 00:35:42,014
and second, for the system
to produce the truth.
539
00:35:42,807 --> 00:35:44,976
After a while, they came back.
540
00:35:45,059 --> 00:35:47,520
Again, they put the bag on my head.
541
00:35:47,603 --> 00:35:48,563
[sniffles]
542
00:35:49,438 --> 00:35:51,983
I kept telling them
I didn't know those men
543
00:35:52,066 --> 00:35:54,402
they wanted me to accuse.
544
00:35:54,485 --> 00:35:57,363
I said, "How can I accuse someone
I don't know?"
545
00:36:00,408 --> 00:36:05,037
1,914 DAYS IN PRISON
SEPTEMBER 22ND, 2020
546
00:36:06,831 --> 00:36:09,041
[Roberto] Two years went by
after the sentencing.
547
00:36:09,125 --> 00:36:12,253
In that time,
Tabasco elected a new government.
548
00:36:12,336 --> 00:36:15,631
Andrés Manuel López Obrador
won the presidential election…
549
00:36:17,216 --> 00:36:18,926
and COVID-19 hit the world.
550
00:36:22,972 --> 00:36:26,684
This pandemic suddenly sweeping in
has complicated things a great deal,
551
00:36:28,352 --> 00:36:29,937
because the courts were closed,
552
00:36:30,855 --> 00:36:32,315
and when they finally opened again,
553
00:36:34,066 --> 00:36:37,528
they had a vacation period,
and everyone went on vacation.
554
00:36:38,196 --> 00:36:39,739
There's no continuity.
555
00:36:43,201 --> 00:36:44,493
No awareness, I think,
556
00:36:45,161 --> 00:36:46,996
by the people who make these decisions.
557
00:36:47,079 --> 00:36:49,081
That there are three people…
558
00:36:50,416 --> 00:36:52,126
and many more who are innocent,
559
00:36:52,627 --> 00:36:55,338
who are waiting for a court
to make a decision
560
00:36:55,421 --> 00:36:56,881
so that they can go home.
561
00:37:00,468 --> 00:37:03,262
When someone tells you
who they are, believe them.
562
00:37:03,346 --> 00:37:05,640
The State General Attorney of Tabasco
has told us
563
00:37:05,723 --> 00:37:07,225
who they are from the beginning.
564
00:37:08,768 --> 00:37:11,270
They act like they'll let you go,
then arrest you.
565
00:37:11,854 --> 00:37:14,398
You're going to be exonerated?
They arrest you again.
566
00:37:14,482 --> 00:37:16,859
They aren't going to appeal
and then they do.
567
00:37:17,652 --> 00:37:19,237
They aren't playing fair.
568
00:37:20,321 --> 00:37:23,866
And like I've told you, letting someone
accused of kidnapping go free
569
00:37:23,950 --> 00:37:26,327
has a huge political cost in Mexico.
570
00:37:26,410 --> 00:37:27,662
Even if they're innocent.
571
00:37:30,206 --> 00:37:33,125
All we have left is the legal protection
of a constitutional appeal.
572
00:37:38,422 --> 00:37:39,715
It's complicated.
573
00:37:46,138 --> 00:37:47,890
[Héctor] How much time would that take?
574
00:37:53,396 --> 00:37:56,357
All I can guarantee is less than 50 years.
575
00:37:58,401 --> 00:38:00,361
For sure. That's it.
576
00:38:10,746 --> 00:38:11,580
Let's go.
577
00:38:12,540 --> 00:38:13,374
Thanks.
578
00:38:16,168 --> 00:38:17,003
Thanks.
579
00:38:18,587 --> 00:38:22,508
I promise you, really,
I'm going to do everything I can
580
00:38:22,591 --> 00:38:23,843
to speed this up.
581
00:38:25,219 --> 00:38:26,887
[thunder rumbling]
582
00:38:26,971 --> 00:38:30,516
[indistinct shouting]
583
00:38:34,687 --> 00:38:37,815
[Roberto] Mexico has a very clear
and logical rule:
584
00:38:37,898 --> 00:38:40,985
the State has to demonstrate
that you committed a crime.
585
00:38:41,610 --> 00:38:43,070
You, as the defendant,
586
00:38:43,154 --> 00:38:44,447
or as a defense attorney,
587
00:38:44,530 --> 00:38:47,158
all you have to prove
is a reasonable doubt.
588
00:38:47,241 --> 00:38:49,201
You don't even have to prove innocence.
589
00:38:49,994 --> 00:38:51,037
Despite that,
590
00:38:51,120 --> 00:38:55,166
you see courts operating
under a standard of presumed guilt.
591
00:38:57,835 --> 00:39:00,296
Because only when you assume
people are guilty,
592
00:39:00,379 --> 00:39:03,007
do you look for explanations
to help the prosecutors
593
00:39:03,090 --> 00:39:04,425
get their sentences.
594
00:39:05,760 --> 00:39:07,094
It's really frustrating for me
595
00:39:07,178 --> 00:39:09,722
that the prosecutors
don't understand their role,
596
00:39:09,805 --> 00:39:11,307
the police don't understand their role,
597
00:39:11,390 --> 00:39:13,392
the judges don't understand their role.
598
00:39:19,106 --> 00:39:22,902
[Darwin] When I got out, I was ashamed.
People called me a kidnapper.
599
00:39:22,985 --> 00:39:24,070
ABSOLVED
600
00:39:24,153 --> 00:39:25,529
[Darwin] That's why I left.
601
00:39:27,531 --> 00:39:30,076
That's when I decided to start a new life,
602
00:39:30,159 --> 00:39:32,912
where no one's looking for me,
no one knows me.
603
00:39:34,747 --> 00:39:36,665
I couldn't sleep in my house.
604
00:39:36,749 --> 00:39:39,377
Whenever I saw police, I would hide,
605
00:39:39,460 --> 00:39:42,338
because I was afraid
they'd arrest me again.
606
00:39:44,548 --> 00:39:47,968
I don't know why I'm tainted
if I was declared innocent.
607
00:39:53,224 --> 00:39:55,935
[Roberto] There must be something
more detailed and sophisticated…
608
00:39:56,477 --> 00:39:57,436
than that.
609
00:39:57,520 --> 00:40:00,898
That whenever someone accuses you
of a crime, that's your trial.
610
00:40:02,483 --> 00:40:03,526
It's fundamental.
611
00:40:04,360 --> 00:40:06,070
We have the right to freedom.
612
00:40:06,737 --> 00:40:07,571
Right?
613
00:40:07,655 --> 00:40:10,324
But in Mexico, you aren't guaranteed
your right to freedom.
614
00:40:15,579 --> 00:40:17,706
[Gonzalo] It has affected us a great deal.
615
00:40:18,707 --> 00:40:21,293
Being away from my son, from my mom.
616
00:40:22,461 --> 00:40:23,921
And I'm afraid that…
617
00:40:27,758 --> 00:40:30,553
when I finally have the opportunity
to get out of here,
618
00:40:31,137 --> 00:40:32,430
they won't be with me.
619
00:40:34,056 --> 00:40:36,267
Everyone knows what really happened,
620
00:40:36,350 --> 00:40:38,769
but no one wants to accept
that they're innocent.
621
00:40:39,395 --> 00:40:40,354
Why not?
622
00:40:40,438 --> 00:40:42,440
We don't get it. Why?
623
00:40:43,899 --> 00:40:45,443
Being here affects you.
624
00:40:46,402 --> 00:40:48,112
Unfortunately, but it's the truth.
625
00:40:49,029 --> 00:40:51,615
It affects you, it's very traumatic.
626
00:40:53,993 --> 00:40:56,745
It's 50 years. It's a lifetime.
627
00:41:00,249 --> 00:41:02,293
You have no future.
628
00:41:03,627 --> 00:41:06,505
Honestly, it's been really, really hard.
629
00:41:08,257 --> 00:41:10,676
Some days,
you just don't want to get out of bed.
630
00:41:11,427 --> 00:41:14,305
But you remember you have two kids
and you have to keep going.
631
00:41:15,014 --> 00:41:18,017
Whenever he talks to me,
I talk to him normally,
632
00:41:18,100 --> 00:41:19,810
so he feels like we're okay.
633
00:41:20,519 --> 00:41:22,730
But personally, I'm not okay.
634
00:41:23,898 --> 00:41:25,274
He thinks I'm fine.
635
00:41:25,357 --> 00:41:28,527
Sometimes he says
it must be easy for me to be outside.
636
00:41:29,028 --> 00:41:33,324
And I can't tell him it's the same.
It's as though I were the same.
637
00:41:34,200 --> 00:41:36,619
I'm trapped. I'm trapped in something.
638
00:41:36,702 --> 00:41:39,622
[delicate music playing]
639
00:41:40,789 --> 00:41:43,000
[Héctor] In prison, so many things
go through your mind.
640
00:41:46,629 --> 00:41:47,796
So many things.
641
00:41:49,131 --> 00:41:52,635
And the easiest way out is…
hanging yourself.
642
00:41:52,718 --> 00:41:55,638
I've thought about it.
I wanted to on that day.
643
00:42:00,017 --> 00:42:01,227
You feel useless.
644
00:42:05,606 --> 00:42:07,733
You want it all to be a dream.
645
00:42:07,816 --> 00:42:09,443
To wake up and realize…
646
00:42:11,779 --> 00:42:12,821
I'm in my house.
647
00:42:15,115 --> 00:42:16,659
With those I love the most.
648
00:42:18,494 --> 00:42:19,495
But no.
649
00:42:25,292 --> 00:42:26,710
They've ruined our lives.
650
00:42:28,128 --> 00:42:30,548
[ominous music builds]
651
00:42:33,551 --> 00:42:34,593
[sniffs]
652
00:42:36,470 --> 00:42:37,930
[music intensifies]
653
00:42:38,013 --> 00:42:41,684
[tense music playing]
654
00:42:41,767 --> 00:42:42,768
[thunder crashes]
655
00:42:42,851 --> 00:42:44,144
AS OF PRODUCTION,
656
00:42:44,228 --> 00:42:47,648
HÉCTOR, GONZALO AND JUAN LUIS
HAD SPENT 2,268 DAYS IN PRISON
657
00:42:47,731 --> 00:42:50,734
AND THE CONSTITUTIONAL APPEAL
THAT COULD GIVE THEM THEIR FREEDOM
658
00:42:50,818 --> 00:42:52,903
HAD NOT YET BEEN EVALUATED.
659
00:42:53,904 --> 00:42:56,824
NONE OF THE PUBLIC OFFICIALS
INVOLVED IN THE CASE
660
00:42:56,907 --> 00:42:58,701
HAVE BEEN INVESTIGATED FOR TORTURE.
661
00:42:58,784 --> 00:43:02,871
MOST OF THEM ARE STILL ACTIVE,
WITH GREATER POWER AND RESPONSIBILITIES.
662
00:43:03,914 --> 00:43:07,501
WE THANK THE FAMILIES OF DARWIN,
GONZALO, HÉCTOR AND JUAN LUIS.
663
00:43:07,585 --> 00:43:10,004
EVA, MAYRA, MARINA,
JUANA, MIGUELINA AND YAZMÍN.
664
00:43:10,087 --> 00:43:14,675
TO MIGUEL SANSORES
AND THE TABASCO INNOCENCE PROJECT.
665
00:43:14,758 --> 00:43:18,762
TO THE ATTORNEYS
ANDRÉS ANDRADE AND ALBERTO MAGAÑA.
666
00:43:18,846 --> 00:43:22,182
TO IKER IBARRECHE,
WHO TOOK OVER THE DEFENSE FROM 2020.
667
00:43:22,266 --> 00:43:26,979
TO THE AUTHORITIES, CUSTODIANS AND INMATES
WHO MADE FILMING POSSIBLE.
668
00:43:30,024 --> 00:43:33,694
[theme music playing]
669
00:45:34,189 --> 00:45:38,527
Subtitle translation by Julieta Gazzaniga