Showing posts with label Accused. Show all posts
Showing posts with label Accused. Show all posts

July 29, 2016

Court Dismisses OverZealot Prosecution of Alleged Chandra Levy Killer

Image result for Ingmar Guandique, chandra levy







Image result for Ingmar Guandique, chandra levy


                                                                 



                                 



A judge dismissed the indictment Thursday against the man charged with killing intern Chandra Levy, after prosecutors asked to drop the case that drew national interest and embroiled a lawmaker in scandal.

Above those are the pictures of Ingmar just before he was arrested for as a suspect of Chandra’s death and now as he is being released. Imagine the bitterness against this nation he most have. At the end,  he is being deported for not killing her.

Ingmar Guandique, who lived in Washington, was found guilty in 2010 of killing Levy, who disappeared in 2001. Guandique, who has protested his innocence from the start, was granted a new trial last year based on questions about the credibility of a jailhouse informant. Prosecutors now say he will be deported.

Superior Court Judge Robert Morin ordered the case dismissed, based on the request from U.S. Attorney Channing Phillips.

"Mr. Guandique has maintained since the beginning, when he passed an FBI administered lie detector test, that he did not kill Ms. Levy. This dismissal vindicates Mr. Guandique," Lauren Hankins, general counsel for the public defender service that represented him, said in a statement. "Finally, the government has had to concede the flaws in its ill-gotten conviction."

The disappearance of Levy, 24, of Modesto, Calif., while she worked as an intern at the federal Bureau of Prisons, made headlines after she was linked romantically to then-Rep. Gary Condit, D-Calif. Condit was later ruled out as a suspect.

A man walking his dog found Levy’s remains in Rock Creek Park in 2002. Police said she used to run through the park.

Prosecutors argued in an earlier trial that Levy's death fit a pattern of attacks Guandique committed on female runners. When he was charged, he already was in prison for attacks that occurred around the same time 

The illegal immigrant from El Salvador was convicted of first-degree murder in 2010 and sentenced to 60 years in prison, despite protesting his innocence. Guandique's lawyers pursued a retrial for the past two years, citing new evidence that a former cellmate and key witness, Fresno gang member Armando Morales, lied during the initial trial.

A new trial was scheduled for Oct. 16. But Phillips filed a motion Thursday asking Morin to dismiss the indictment based on new information received by the government within the last week. Those new details weren't provided in the filing.

“After investigating this information and reviewing all of the evidence in the case, the government now believes it is in the interests of justice for the court to dismiss the case without prejudice,” Phillips said in the filing.

Prosecutors determined they could no longer prove the murder case against Guandique beyond a reasonable doubt, the U.S. attorney's office said in a statement. One of Guandique's public defenders didn't immediately respond to a request for comment.

Guandique's request for a new trial focused on Morales, who testified at trial that Guandique confided in him that he was responsible for Levy's death. Because there was no physical evidence linking Guandique to Levy's death, Morales provided some of the trial's most powerful testimony.

However, Guandique's attorneys suggested in a court filing that Morales lied several times at trial, including testifying he had not asked for anything in exchange when he had asked to be put in a witness protection program, the lawyers said.

"In 2010 the trial prosecutors convinced a jury to convict by deliberately hiding evidence that would have exposed the false testimony of their star witness," said Hankins of the public defender service. "It is now clear that the jailhouse informant, who was central to the government’s case, was a perjurer who too easily manipulated the prosecutors."

Defense lawyers only learned of the informant's identity "just before trial" and it took years of investigation to uncover the extent of flaws in the case — and to force the government to reexamine its own case, she said.

"Justice would have been better and more timely served had the government provided open file discovery to the defense before the trial and if the government had fully investigated its own witnesses," Hankins said.

Guandique has been incarcerated while awaiting retrial. Prosecutors said after the judge’s dismissal Guandique would be released to the custody of Immigration and Customs Enforcement.
Chandra Levy, a 24-year-old intern who disappeared April 30, 2001 without leaving any hint as to her whereabouts. 

, USA TODAY


May 23, 2014

Accused of Having Gay sex Denied Bail (sodomy bail refused)

  
Refused bail ... Sydney Chirombe
 
RELATED STORIES
MDC-T Cllr held for ‘car sex’ with man



A HARARE Magistrate Wednesday denied bail to the MDC-T councillor charged with sodomy citing President Robert Mugabe anti-gay rants adding that the official and his alleged partner would likely “reunite and commit the abominable act” if freed.
MDC-T Ward 33 Budiriro councillor Sydney Chirombe, 49, is languishing in jail after allegedly being found in a compromising position with a male colleague last week. Chirombe is being charged with his suspected partner, Joseph Muchena, 23.
Magistrate Milton Serima said sodomy is a felony that “The Highest office in the land has denounced hence the accused could not be admitted to bail. The offense is very serious, and has even got condemnation from President Robert Mugabe.
“At one stage the President said that a person involved in such an act is worse than pigs and dogs. The first accused is a Councillor whose reputation and esteem is expected to be held without any contempt,” Serima said.
The magistrate also argued that Chirombe could abscond from court because the nature of his crime is embarrassing.
“The first accused is likely to skip trial if given bail considering his status in the community. The nature of crime might induce him to take flight and throw the State case into disarray,” the magistrate said.
On the councillor’s alleged partner Muchena, the magistrate accused him of giving conflicting addresses to court officials thereby raising suspicion on his credibility.
“The second accused person is of no fixed board, so he is most likely to flee the jurisdiction of the court. The propensity to commit similar offense upon release is highly likely. The pair will most likely reunite and commit the abominable act,” Serima said.
Prosecutor Sharon Mashavire argued against bail because “the duo was caught in the act hence the presumption of innocence falls away”.
“Accused persons were actually arrested whilst committing the offense, therefore their presumptions of innocence until proven guilty falls away at face value,” Mashavire said.
“There is a high likely hood of a stiff sentence if convicted, thus there is a high risk the two might abscond trial”.
Mashavire added that the public needed to be protected “from such perpetrators”.
Mugabe is a vocal critic of homosexuality and has come out openly to support anti-gay laws in Uganda and other countries.
In his independence speech last month, the veteran Zimbabwean leader said gay-rights are not human rights because they are based on immoral and unnatural activities.

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