Witnesses who could change the Ibar case

Witnesses who could change the Ibar case


Pablo Ibar "is absolutely crushed. Shattered by the sentence. He has barely eaten or slept, he has some dark circles under his eyes, "explains Andrés Krakenberger, spokesperson for the family and president of the Association Against the Death Penalty Pablo Ibar. It is not for less. Ibar is 46 years old. He has been in jail since 1994 stating that he is innocent. However, a new jury has returned to plead guilty to a triple crime. Although his case almost turned around two members of the people's court, the judge decided to hold a hearing on February 4, in which the parties will be present, with the aim of preparing the second session of the trial, which will begin on 25 of the aforementioned month. Then the sentence will be pronounced, a ruling that in any case will be condemnatory: death penalty or life imprisonment. The defense will fight for life imprisonment, which Ibar dismissed "during the first trial before it was declared null," Krakenberger explains. Hence, "there will not be a definitive sentence until approximately 2024". By then, Ibar will have been behind bars for 30 years. While he tries to deal with the new legal setback, the Defense has already set to work on how it will face this second part of the trial and the appeal of the ruling of this case which, due to the numerous anomalies, seems to be a film: traces that do not match with theirs, identifications of experts who are less important in front of face-to-face testimonies or even deleted tapes. The last turns of this case have been carried out by two members of the popular jury: Mr. Black and Collins. But who are its protagonists? As this newspaper has learned, it is Mathew Black and Kurt Collins. The first works as a clerk of the court. The second is a technical writer by profession. Mathew Black heard a conversation that should not be outside the room, since the members of the jury must be isolated at all times from any information that may come from outside the room. I had heard a lawyer and a judge speak. The justice administrator assured Judge Bailey that he had only heard what the defendant's family was suffering. I mean, nothing about Ibar's background. Despite this, the magistrate decided to remove him, especially in the case of a substitute jury. In addition, the judge rejected the defense request to annul the verdict and that the jury should meet again to continue deliberating. He also refused to allow the defense to interview Kurt Collins, the jury member (the latter official) who called to retract his verdict: guilty. It is the same as the aforementioned association said in a statement days ago that "the defense of Pablo Ibar has learned that at 08:35 on the morning of January 22, a member of the jury, whose identity is unknown, was put in contact with Judge Bayley's court and communicated his decision to retract his decision to support Ibar's guilty verdict. " Without that guilty verdict, there would have been no unanimity, which is what is required in Florida for a popular jury to pass judgment, and therefore the jury should have continued to deliberate. In this way, once the substitute of the jury is removed, the process also continues with Collins, who remains an active member of the jury. «Every day there were one or two amazing things. It looks like a black film, but it's dodgy, "says Krakenberger. It is not for less. Ibar, a citizen of Basque origin, has been imprisoned for 24 years, 16 of them in the corridor of death. He was convicted in 2000; that is, almost three years after the Supreme Court of Florida annulled the death sentence. He has lived through four legal proceedings and, as the defense alleges, numerous irregularities. The most significant are these:

Effective defense?

After a first trial, against him and Seth Peñalver, which was declared null because there was no unanimous vote in his verdict, in January 1999 a second was opened against the two. It had to be postponed at Ibar's request after his then lawyer was arrested for assaulting a pregnant woman. Peñalver's trial, on the other hand, continued. Although he was sentenced to death, in 2012 he was released. However, Ibar was found guilty by the same court despite Peñalver's exoneration. The same lawyer at the time, Kayo Morgan, acknowledged that he had committed "serious errors" in the process due to personal problems. Ibar's new team of lawyers appealed given the alleged irregularities both by the lawyer and the evidence and the Supreme Court of Florida annulled the sentence in 2016. In fact, in the translated transcript of the oral hearing before the High Court, the judge R. Fred Lewis states that "I do not think I have seen any lawyer behave like this lawyer did; Mr. Morgan, it seems, gets out of the records ». Despite this, prosecutor Leslie Campbell affirms that "this is not a case where ineffective legal assistance has been proven".

Footprints and height

The perpetrator of the brutal crime was "between 2 and a half and 3.5 inches shorter than Mr. Ibar, as well as that the stick with which this individual entered the house had two tracks that do not match Ibar's.

Identifications

Another unusual argument is that the Prosecutor's Office defends that "all those who know a defendant, or know a person, can determine that the person in the photo is the one they know. More than an expert who is required much more level ». And that the mistaken identification by eyewitnesses is the main cause of wrongful convictions in Florida. Another unusual issue is the video: due to the poor quality, the identification expert stated that this test would never have been admitted in the UK.

But the DNA …

Despite all the anomalies described, there is one thing true: the DNA detected on the shirt with which one of the perpetrators of the savage crime cleansed his face was key in this last trial to sentence Ibar. However, Huma Nasir, technician of the laboratory used by the Office of the Prosecutor about the analysis of the DNA found on the shirt, said that, when in 2010 they received the garment, the paper bag where he was kept had loose the adhesive tape that closed it. The laboratory analyzed five points on the shirt: one of them contained DNA that matched Ibar's. Although Nasir also recognized that when arriving open, one can suspect a possible contamination by transfer. In addition, it is striking that the jury did not hear the transcript made on December 18 by a DNA expert presented by the defense, geneticist Allan Jamieson, in which he explained that according to how the program is used, analyze the same trace of DNA They may yield different results.

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