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May 30, 2008

I would like to write MY POINT OF VIEW of Mexican News for people going to my website: If this is possible, please use the following information for my first installment. Thank you, Rebecca Roth

NEWS FROM MEXICO.....May 29, 2008

The news this week has been more alarming than usual. There is a silent civil war occurring in Mexico. There are at least two armed groups, one of them is the Popular Freedom Army. It has been negotiating with the Mexican government. This point has been hotly debated in the press over the Mexican government's recognition of the group by having a dialog with them.

There have been many assassinations of high level police officials and the MP (Ministerio Publico) Mexico's version of prosecutors. These are occurring in many parts of the country. Last night in Zapopan - a city that has grown into the City of Guadalajara - one of the top law enforcement officials was shot 11 times and pronounced dead when he arrived at the hospital. This is separate from the news of armed battles between Narco Traficantes and Law enforcement which is occurring in the states of Guerra, Chiapa, Sinaloa, Chihuaha, Michoacan and Oaxaca, etc. 

More dirty, corrupt police have been located and arrested. These are law enforcement employees who are on the payroll of the Narcos and provide them with information and tip offs to keep them out of harm's way.

MERIDA INITIATIVE:

The first phase of the Merida Initiative was funded by the U.S. Congress. $500 Million dollars will be sent to Mexico in 2008 with little or no accountability, as usual. The US intends this money to be used to battle organized crime and drug trafficking. One reporter from Mexico city wondered how quick the money will disappear? And a politician from Mexico scoffed that the amount was "crumbs". I guess he doesn't believe 500 Million dollars is a lot of money.

I personally would like to know what the funding of the Merida Initiative actually covers and who will be monitoring the proper use of this money?

AMNESTY INTERNATIONAL:

Finally, Amnesty International has just released a report on Mexico's progress in the area of Human Rights. (Reported May 28, 2008) It states that Mexico continues to regularly ignore and deny the Rights and Guarantees of people, granted under Mexico's own constitution. The U.S. is fully aware and they continue to walk on eggshells instead of frankly discussing and insisting on immediate changes necessary. 

The Mexican Congress has passed a reform law to restructure how legal cases are tried. I believe they will actually have courtrooms, trials, juries, etc. Unfortunately, they are estimating approximately 8 years for these changes to be implemented and it wouldn't surprise me if the existing power structure who likes the status Quo successfully buries these changes over time.

NOTES ABOUT ONE OF THE CHARGES AGAINST ME:

After being charged and sentenced for Organized Crime, I was able to get the Mexican Law recently and read it for myself. The Mexican Law states that there must be 3 or more persons involved in the same illegal crime to qualify as Organized Crime. Since they tie me to Alyn Waage and the accusations against him, I would like you to know the following:

1. Alyn Waage was never charged in Mexico with Organized Crime. There were 2 charges against him. Smuggling (the 1073 cashiers checks he was carrying when arrested in 2001) and Money Laundering (Illicit use of money). He was acquitted (and it was upheld) of the Illicit use of Money. He was allowed out of jail on bail for the Smuggling charge. None of his other "Canadian" friends and associates were charged with O. C.

2. Brenda Martin (same case number as A. Waage and me) was charged with Organized Crime, but her attorney got that charge dropped early in her incarceration.

3. That leaves me. I was charged with Organized Crime and sentenced.  Yet, the law says there has to have been at least 2 other persons party to the crime to qualify.

On another occasion, I will talk about the other charge, Illicit use of Money. 

I am in the Appeal process praying that I will be acquitted and set free as there is no evidence against me. The hearing for the appeal is June 19th.

May 17, 2008

On Wednesday the 14th of May 2008, I was again hopeful that the US Consulate was finally going to get in gear and do something for me.

Especially since Brenda Martin also convicted on the same day – April 22, 2008 and on the same Case #63/2001- had been taken by the Canadian government just 8 days after sentencing to Canada. (On a private jet no less!) Then just 8 days later she was released, May 8th, Friday, so that she could be reunited with her mother before Mother’s Day. Meanwhile, my 85-year-old mother celebrated her birthday, May 13th alone with a daughter in jail, and checked herself into a nursing home as she’s finding it harder and harder to take care of herself.

We had discussed my return to help her after my release, but it seems she has rightfully so given up on that happening anytime soon. 

The day I was sentenced, my Mexican attorney advised me to Appeal the decision. 

The Canadian and I did not share the same attorneys and for whatever reason, I believe because she started out with a Private Defender and I with the Public Defender, her private defender got the charge of Organized Crime ART 13 dropped. So she faced only the money laundering charge. When I finally got a Private Defender, 4.5 months after I was arrested, there were many movements that he could no longer do because of the legal system. Our communications have been difficult as he only speaks Spanish and I had next to no Spanish, so I stumbled through communicating with him and failed to ask why he didn’t try to eliminate the Organize Crime charge.

Anyway, the final sentence dictated for Brenda Martin was 5 years, the minimum for the one charge, and for the two charges the minimum sentence was 4 years Organized Crime and 5 years for the money laundering charge. A total of 9 years for a minimum sentence.

I cannot request the Prisoner Transfer unless there are no pending legal actions such as an Appeal pending. Yet, my only hope of reducing the sentence or having the sentence completely overturned is the Appeal here in Mexico and I only had 5 days to make the decision to appeal or I would have lost the opportunity forever.

The first thing that Ravi Candadai; the Consul here in Guadalajara told me is that I must forget about what the Canadians did for Brenda, because that is not going to happen for me. In all seriousness, I asked him how I go about resigning as an American and becoming a Canadian citizen. He said I didn’t want to do that and he wouldn’t help me with it anyway. Ironically enough, the Appeal papers show me as Canadian and I will have to prove to the Mexicans that I am an American to have that changed. 

Ravi told me that they could do nothing more until I dropped the Appeal. I told him that I could not drop the Appeal until I knew what the U.S. Courts, Administrative office of the Defense Services – Prisoner Transfer treaty matters in Washington D.C. were going to do. I don’t know whether my attorney in the U.S. – Andy Millar (a long time friend of my mother’s through their mutual activity in the American Legion organization) has gathered the 12 items he needs including the Sentencing Order, which was to be sent by the Consulate but had not been sent as late as May 15th. We were told it would not be sent Fed. Ex but would go to the US by currier and it could take another week for it to be delivered to Andy Millar who then would have to send the Sentencing Orders to Wash. D. C. 

But, according to the paperwork I was given, they only take into consideration the sentence and the charges and run them through the US equivalent sentencing guidelines. So, I’m no expert, but I believe Organized Crime and Money laundering are considered serious crimes in the US. According to the paperwork – after I wait 6-8 weeks for this “process” I will be given their best estimate of how much time I will serve as a convicted felon in the U.S.

I asked Ravi, “Can’t someone make a phone call and find out what they are going to do?

“Not the Consulate’s job,” was the answer. None of the 12 items requested for the PTP ask about the lack of evidence, witnesses, victims, etc. To that Ravi Candadai said, “This is no longer about the case, this is about the sentence. They refused to do anything about the case earlier and they don’t want to talk about the case now, even though they were present at the trial as witnesses and heard me speak for over one hour and saw me give 5 different charts to the judge (who ignored and disregarded all of it). My additional proof was taken from the Prosecution’s Conclusions against me and used to prove my innocence of the charges, all to no avail.

Ravi Candadai said that I must pay the fine of just under $5,000 USD. When I informed him that the Canadian Government paid B. Martin’s fine, his response, “It’s not going to happen.” Meaning the U.S. would not even consider doing this. 

He also informed me that the International Treaty between Mexico and the U.S. is number One – It must be upheld – even thought the Mexicans violated it in 17 ways against us (according to B. Martin’s attorneys). “The citizen is a lower priority (he said “is secondary.”) to the treaty. I thought treaties were made to protect the citizens in both countries. So, the Mexicans can trod all over the treaty while the Americans must uphold it to the letter. (What about Canada – Does Canada follow the ‘rule of law’? I think so!)

To me the U.S. Consulate’s help is the equivalent of their being accomplices in my victimization by a government that pretends to follow the ‘rule of law’ while publicly operating in a corrupt and abusive manner. What’s more, the Consulate is fully aware of this and allows it to continue.  

I tried to get the U.S. Consulate to give me a phone number for the 2+ years of my incarceration so that I could reach them without having to go through their prerecorded messages from our public telephones. This was not given to me, yet this past week; quite by accident I overheard Ravi giving out his cell phone number to the Prison Director. I asked him if I could have that number and he said, “Sure, it is your right to have it.” Why was it never offered to me in the past?

Now they say they are “sorry about what has happened to me.” But, I don’t want their sympathy; I want action and real help. 

Please note: THE MERIDA INITIATIVE

The U.S. Congress has approved 400 million dollars for 2008. The 1st step is to give it to Mexico for them to use to battle drug organizations.

Ana Maria Salazar, a radio commentator in Guadalajara, commented on 5/15/08, “How long will it take them (?) to spend it?”

Whose pockets will this money end up in? Yet, the U.S. Government can’t interfere with Mexico’s corrupt legal system. So we just hand them a check and let them spend the money as they want and they continue their corruption right in front of witnesses and without any recourse. Is there any accountability from the Mexican Government to the U.S? Why would we give them hard earned taxpayer’s money at all? This too is a travesty of justice.

Feb. 12, 2008

Rebecca and Rebecca's sister Barbara Moodhe's letter to the U.S. Consulate:

Ravi and or Anna Kling:
I still haven't heard back from you or anyone else at the Consulate about the issues that I informed you of at Puente Grande. 

I am still awaiting a response to those issues.

In addition, you should know that I have been bringing food to Rebecca for 2 years now. The food they serve in the prison is not fit to eat most of the time. Up until a couple of months ago, the inmates were allowed to have a small one-burner hot plate in their room. Recently they have started taking the hotplates away from the rooms so that they cannot be used for cooking in the evening meal. 

The latest with the hotplates is that they bring them to the rooms in the morning, but they turn off the electricity to the rooms (no lights)therefore they cannot use the hotplate without electricity,  so that maybe one day a week they get both electricity and hot plate to use. This means that Rebecca is unable to prepare the food I bring to her each week. There are 14 women in this room plus one baby who has to drink cold bottles to the dismay of its mother.

Keep in mind, Rebecca has been kept in these conditions for 2 years now and she is innocent of the charges against her. There has been no sentence and yet she has been treated as if she were guilty. 

I am now aware of International law that says that she should not have been housed with criminals all this time. What do you say about this?

Please do something!!!

Barbara Roth/Rebecca Roth