Please Help Ensure Brian a Fair Trial
$40 raised
0% of $40k goal
2 contributors
76 Weeks running
It is no surprise that the Mexican legal system is archaic and at times,corrupt.I have a story to share with you. My Love, Brian might be in jail for the rest of his life because of this crazy system.I need your help to ensure his fair trial and justice.

         My name is Tabitha and I live in Beautiful British Columbia, Canada. I am an artist, an animal lover and a nature enthusiast. I am a proud mom, a nana and a wife. I am educated and own a small business.

         My Love, Brian (a Canadian citizen) is in a Mexican prison because of a tragedy that occurred at his dad’s home in Mexico, last November (2016). What was supposed to be a fun vacation in between friends and coworkers turned into a horrific nightmare where one man, our friend died. There is no denying the tragic outcome of that night and we grieve each minute for everyone involved. Our hearts and prayers go out to his family and friends and we are devastated that there is so much suffering.

         Brian has been detained and is being charged with aggravated homicide. Currently, he is awaiting trial and if convicted, he could spend 20- 40 years in jail! Because this is an open investigation, I’m not permitted to discuss the case details. I would like to bring your attention to the fact that, in Mexico, a fair trial is imminently out of reach for anyone without the mental, emotional and financial resources to fight. In Mexico, you are guilty, until proven otherwise. If you would like to know more about how the corrupt and archaic the Mexican legal system could cause My Love to remain in prison for the rest of his life, I invite you to continue reading. It’s a really crazy story.

        The Judicial System has violated Mexican Law and Constitution, as well as Brain’s human and constitutional rights, legal security and freedom. They have also lost evidence, literally! Incompetence and negligence of this magnitude would not be permitted anywhere else in North America. It seems, every move they have made has been in careless, if not outright blatant, disregard for the rule of law wherever convenient.

        Brian was detained in flagrancy after another foreigner “witness” pointed him out in accusation. Both Brian and the “witness” speak only English. There is no record that an interpreter was present for Brian’s arrest and detention, though it is mandatory during a foreigner’s arrest, to have a Certified Interpreter present to ensure the arrestee’s human rights are preserved (as required by law). During detention, where he sat in his swim shorts with no food, water for 48 hrs, he was told to sign paperwork in Spanish, without document sight translation (as required by law). Brian’s human rights have been clearly violated. During early court proceedings, our Defense team revealed these violations to the Judge who promptly disregarded the facts, showing little regard for the law and Constitution. This is only the beginning of many violations facing Brian since his arrest.

          The most troubling of all the egregious violations is that the Investigating Prosecutors are not trained and certified as the “National Code of Criminal Proceedings” mandates (and according to the Mexican Constitution (Art. 21, 2008) & the General Law for the National System of Public Safety (Art. 50, 51)).They are in outright contempt of court. Even though their lack of certification is common knowledge, the judge they were permitted them to try this case (and others). He did not request proof of this mandatory certification, as he has been commissioned to do by law. The Judicial System’s lack of respect for the law and Constitution are reflective of the respect they have for their responsibilities to the people, to guarantee freedom and legal security.

          Defense took the DA to court for this contempt and have yet to hear the Judge’s decision. I am doubtful he will lay charges on the DA for their negligence. In the words of a wise woman close to the case, “the fruit of the poison tree are poison.” It seems they are all part of the “Old Boy’s Club” and there is corruption every way we turn. Brian’s freedom and legal security have been seriously violated by the poison tree and its fruit.

          Not only does the DA display overt disregard for the law, the Constitution and the People; they are negligent and disorganized. Evidence vital to Brian’s fair trial is missing at the hands of the DA’s office. Specifically, all digital photos from the scene have been lost/ deleted (one might speculate the digital photos have been lost purposefully and are being withheld from Defense). I’m not sure if this is convenient or inconvenient for the DA. It would be inconvenient for them if they worked within a law abiding system, but this is Mexico. Again, Defense took the DA to court for this unbelievable “loss of evidence” and they were given a slap on the wrist and small fine. There should be further reprimand for the loss of digital evidence, but the system favors an “Old Boys Club” rife with disregard for rules.

           When the English speaking witness testified before the Judge, the certified interpreter clearly did not know how to do his job and the judge had to scold him, yet let him finish interpreting. Unfortunately, interpreters are not recorded so there is no way to prove his lack of knowledge, technique or level of English. The witness was not credible. He confused events, timelines and details; details that conflict with what little evidence we have ascertained. He was released from custody and allowed to return to Canada after giving his testimony. He is not required to return for trial.

           We need to hire our own private experts to challenge the Prosecutor’s evidence (eg. Forensic Scientist) and there is no cap on what they can charge for their services. Because we are Canadians, their asking prices have been astronomic (up to HALF A MILLION pesos ($30,000 CAD))!! We need at least two experts and four would be ideal. If we can afford to hire experts, we have a good chance to minimize the charge; otherwise, Brian may face up to 40 years in jail. The experts need at least two months to study, investigate and write a report.

           We need to collect critical evidence from Canada that is extremely relevant to the defense case. This must be done by a Canadian Attorney and after petitioning a Canadian judge, everything must be legalized, and sent to Mexico where it must then be translated by a certified translator. The Judge has given the Prosecutor and Defense Team six months to investigate. They will be summoned back to court in the middle of May. TIME IS RUNNING OUT!!

         This corrupt, disorganized and negligent legal system has been VERY expensive. Our amazing Mexican Defense team has been to court many times because the of DA’s lack of respect for the law, the Constitution and human rights. In addition to the cost of the legal defense we must pay a certified interpreter through every step of the process. The court does not provide this service.

         We need to raise funds to keep up with the expenses associated with protecting Brian’s legal interests. We have exhausted our savings and assets and are now fundraising to cover these expenses, Brian’s day to day detention costs and to allow me to travel and visit Brian during this lengthy process.

       When one is detained in the Mexican prison system the community and family are expected to take care of the inmate’s basic needs, not the State. You must pay for everything in a Mexican prison; your fan rental, your drinking water, edible food, toilet paper etc. What is a foreigner to do when he has no local community or family? Food supply is minimal and at times, inedible. Brian’s lawyer and a human rights activist bring him food and toiletries weekly. I do not know what we would do without the help of these beautiful people. Still, the necessities they buy and the gas used to travel to the prison are expenses that must be paid.

        I was able to travel to see My Love once, since his detention and I am relieved he is doing OK, considering the circumstances. However, I would like to go visit Brian again and meet in person with his Attorney, however, this is an expensive trip. I am still trying to keep up with the cost of living here in Canada, along with sending funds to Mexico to assist Brian in every way that I can.

       Once again, we do grieve immensely for the loss of our friend. That tragic November night has left an empty hole in the hearts of many people and it has been a tough winter for everyone involved. It has been touching to see how much people really love Brian. The outpouring of love, prayers and generosity has touched me deeply and motivates me to remain inspired and positive through the sadness. We will be hosting fundraisers and benefit concerts and are running an ongoing bottle drive to raise funds for Brian’s a chance at a fair trial in this corrupt and archaic judicial system. Please consider being a part of this movement for My Love’s fair trial. This is an ongoing saga and I assure you, I will keep you posted. Thank you for your consideration.

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