Trail Against PNP Rioters

[Ecuajey]

Judge Finds Cause For Trial Against The Four NPP Leaders

By Proviana Colon Diaz

August 30, 2002
Copyright © 2002 WOW News.
All Rights Reserved.

San Juan Superior Court Judge Lourdes Velasquez found probable cause for trial against four New Progressive Party (NPP) leaders, including party President Carlos Pesquera, on the charge of riot for their actions during the June 20 incident at the Women’s Advocate Office, while attempting to place an American Flag alongside a Puerto Rican flag.

The defense announced it's right to a speedy trial and Velasquez scheduled the reading of charges hearing for September 13 and the trial for November 12.

Immediately after the court proceedings had concluded Pesquera’s lead defense attorney Teodoro Mendez said he did not rule out soliciting a "reconsideration" to the court of its ruling with the intention of possibly filing a case before the Court of Appeals.

If convicted, defendants Pesquera, NPP Electoral Commissioner Thomas Rivera Schatz, former House Vice President Edwin Mundo and former NPP President Leo Diaz could face a minimum two-year prison sentence and a maximum of five years.

Following and extensive third day of probable cause hearing Velasquez issued her ruling around 7:15 p.m. noting that the prosecution had "presented effectively the weight of the evidence" that needs to be presented in such hearing. By law, during a probable cause hearing the judge must rule, based on the evidence presented, if there is a possibility that the defendant might have committed the crime.

Velasquez added that her ruling is "no cause for anyone to celebrate."

"We should not forget that these events began in response to a licit activity that is born out of the right of free speech, but a licit activity can conclude in the commission of a crime," Velazquez said.

The judge ruling was received with surprise by the defendants and their supporters, who filled the courtroom.

Silence overcame the courtroom and not a single expression was made by either the defendants or their families.

Outside the courtroom however Pesquera, accompanied by his wife and sister, said he respected Velazquez’ ruling but did not agree with it. He added that he was confident that in trial by jury the outcome would be in their favor.

Pesquera also disagreed with Velazquez in that the evidence presented by the prosecution was "poor", and it was "filed with lies."

"There were testimonies of people that one after the other lied and this will be proven in its given time," Pesquera said.

Mundo, who had earlier lashed out at the press after the judge admitted into evidence a video of Channel 6 newscast, said that the "sadly" ruling, such as the one made by Velazquez, help in having citizens who don't believe in their judicial system. Mundo could not say if Thursday’s ruling could have an adverse effect on his aspirations for an at-large-house post election to be held September 29.

Rivera Schatz for his part, urged the people not to loose faith on the judicial system despite, the fact that "the evidence presented was contrary to the facts."

While Diaz, said the ruling had been based on the minimum evidence needed for this stage of the proceedings and that he too was confident that a favorable ruling will be issued in trial.

The group then went outside the San Juan Judicial Center to meet with the followers who for the past three days have been waiting, marching, singing, dancing and praying in support of their leaders.

Pesquera thanked the crowd and urged them not to be saddened by Thursday’s ruling.

Contrary to what had been expected the over 30 defense attorneys declined to present any witness and submitted it case to the judge with their cross examination of the prosecution’s five witnesses. The defense also submitted a copy of a forensic test that concluded the Women’s Advocate Office glass door had been broken from the inside out.

Velasquez allowed the lead attorneys of each defendant to make a closing statement as well as the prosecution.

In his closing statement Assistant District Attorney Jose Capo said that the elements constituting the charge of riot had been presented in court including violence, threat and excessive force.

He argued that on the day of the event no one in that office was able to work, as a result of the defendants actions, who failed to make use of all resources available to them before engaging in violence.