Friday, January 29, 2010

Absolutely Stunning

I had to read this several times to believe what I was reading.
An illegal immigrant drug dealer who fled to his native Mexico after orchestrating the murder of an Iowa teenager is free because his conviction was overturned by an appellate court that ruled he was denied a speedy trial while he was a fugitive from U.S. justice.

The astounding case dates back more than a decade, when the illegal alien (Juan Humberto Castillo-Alvarez) drug lord ordered the execution-style murder of a 15-year-old northwest Iowa boy over a drug debt. The teen, rumored to be a police informant, was kidnapped and severely beaten before getting shot.

Castillo-Alvarez evaded U.S. authorities for a decade, hiding out in his Mexican hometown until spring of 2008 when he was finally extradited, tried and convicted of kidnapping, conspiracy and second-degree murder. He was subsequently sentenced to five decades in prison for the atrocious crime, which was not his first.

Incredibly, the Iowa Court of Appeals overturned the conviction last September, ruling that the illegal immigrant murderer was not granted a speedy trial guaranteed by the Sixth Amendment to the U.S. Constitution. "The county attorney was well aware that defendant was a citizen of Mexico and that he was located there," the court wrote in its decision. The fact that the defendant went to Mexico in 1997 “does not shed light on why there was delay" between the time trial information was filed and the time he was arrested, the ruling says.

Announcing it would appeal to Iowa’s Supreme Court, the state’s Attorney General countered that the delay was attributable to Castillo’s flight from the United States to avoid prosecution. Furthermore, the Attorney General pointed out, prosecutors had no control over Mexico’s slow extradition process. Throughout the procedure, U.S. officials maintained regular contacts with Mexican authorities but had no jurisdiction to do more to ensure prompt location of the defendant and execution of the outstanding arrest warrant, the Attorney General said.

This week Iowa’s Supreme Court refused to review the overturned conviction, which essentially dismisses the case against the illegal alien murderer. Double jeopardy prohibits Castillo-Alvarez from being retried. The demoralized Clay County posecutor said: “It is disappointing that the justices in Des Moines don't understand and appreciate the difficulties in pursuing a murderer who flees to his home country of Mexico to avoid prosecution. It is also discouraging that those same justices didn't hold Castillo responsible for his own conduct in fleeing the state to avoid prosecution."

Where to begin? I'm so stunned that I'm nearly speechless! First things first...any of you who read me with any regularity know how I stand on illegal immigrants. I simply do NOT understand why they are getting rights under the United States Constitution when they are not a citizen of this country. And when those "rights" lead to a convicted murderer getting away with...well...murder, there is something seriously wrong with the system.

Secondly, WTF is with the justices in Iowa??? Let's review, shall we? You have a person who has committed a heinous crime - said person is in this country illegally, using a false name and false social security number. He then flees to Mexico to avoid prosecution. The Mexican authorities, in conjunction with the American authorities finally find, arrest and extradite him. He is convicted of the crime he has committed. And yet...YET...they have the audacity to overturn the conviction because he wasn't granted a speedy trial, pursuant to rights that he should not have in the first place??? Are you serious??? I have read the opinion, and quite frankly, it's a steaming pile of male bovine excrement (to quote a dear friend).

In essence, the only way you can get around the 90 day rule is (1) the defendant has waived speedy trial, (2) the delay is attributable to the defendant, or (3) other good cause explains the delay. I simply do NOT understand how a person fleeing the country to avoid prosecution does not fall into category (2) above!!!

Our justice system in this country is back-asswards, and I just don't know what we can do about it. Unbelievable.


  1. That's the same Iowa Supreme Court that wrote Iowa's gay marriage law. They don't give a [noun] about the law or the Constitution, just liberal pet projects.

    The justices are appointed by the governor; six of the seven were appointed by leftist govs. "what we can do about it" seems obvious, but I doubt Iowa will do it.

  2. Field of Screams?

    "Is this heaven?
    It's Iowa.
    Iowa? I could have sworn this was heaven.
    starts to walk away]
    Is there a heaven?
    yeah. It's the place where dreams come true.
    [Ray looks around, seeing his wife playing with their daughter on the porch]
    Ray Kinsella: Maybe this is heaven."

    Nope - not heaven. In heaven there is a greater Cosmic Justice.