Appeal To The Mexican Supreme Court
In August 2010, Florence Cassez's lawyers filed an appeal to the Mexican Supreme Court, arguing that the arrest of Cassez is unconstitutional and that the rights of their client were violated.
Initiated on 30 August 2010 by Florence Cassez's lawyers, the appeal en amparo is the equivalent for the court of last resort. The verdict pronounced soon by the Seventh Collegiate Tribunal in the penal case covers formal points rather than the charge, which remains the same. The court of last resort covers points on form. The request is directly addressed at the authority that pronounced the judgment, which transfers it to a district collegial tribunal of three magistrates.
The three magistrates who deliberated on the Cassez case are: Ricardo Ojeda Bohorquez, President of the Collegiate Tribunal. Having received a doctorate of law of the National Autonomous University of Mexico (UNAM), he is a federal judge since 1992 and a circuit judge since 1997; Carlos Hugo Luna Ramos, judge rapporteur. He has been a judge of a circuit tribunal since 1987; Manuel Barcena Villanueava is a specialist in penal and constitutional law, who was appointed circuit judge in 2000 through an opposition competition.
For Florence Cassez, there were could be three possible scenarios: (1) The Seventh Circuit Tribunal could proclaim Florence Cassez innocent overturning the judgment of the court of appeals. This would result in her immediate release from prison and could return to France. This decision would have confirmed the suspicions of the defense concerning the faults in the form, but it would not affect the charges held against her; (2) The tribunal could have recognized some of the irregularities underlined in the court of last resort. In this case, new proceedings would be launched and the case would be re-examined while Cassez remained in custody; (3) The verdict could be reconfirmed; Florence Cassez would have to serve her sentence. In this case, the defense's arguments concerning the faults in the form would be judged not pertinent by the magistrates.
On 10 February 2011, an appeals court upheld her conviction (scenario 3) for kidnapping, The court said in a statement that her conviction and 60-year-sentence would stand. The court said prosecutors had proven Cassez's guilt in four 2005 kidnappings, and that irregularities alleged by her defense attorney had not hindered the case.
7 March 2012. The Mexican Supreme Court reporter proposes freeing Florence Cassez based on the following reasons; The non respect of the presumption of innocence, the non respect of consular rights and the delay in presentation before the justice. A decision by five judges to whom the request was delivered is expected for 21 March, according to the Cassez' lawyer.
On 21 March 2012, The Mexican Supreme Court rejected the appeal and proposal of freeing Cassez by a 3-2 decision. The court accepted there was police misconduct and violations of Ms Cassez's rights after her detention. "Four Supreme Court judges say that my client had a truncated trial, she had her rights violated, that evidence was fabricated, so today we are angry and ashamed," said her lawyer Frank Berton. The court asked Judge Olga Sanchez to review the case, which could lead to a re-trial.
Read more about this topic: Florence Cassez
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