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Illegal immigrant fails to sway judge in sex case
Atlanta Journal-Constitution ^ | 06/14/07 | Kathy Jefcoats

Posted on 06/14/2007 1:15:22 PM PDT by madprof98

A judge refused Wednesday to drop child molestation charges against an illegal Mexican immigrant who argued Clayton County police violated diplomatic law during the arrest.

Eligio Chia-Duran, 30, alleged a violation of the 1963 Vienna Convention on Consular Relations, an international treaty adopted by the United States, because arresting officers failed to tell Chia-Duran he had the right to contact the Mexican embassy in Atlanta.

Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.

Defense lawyer Stephen Mackie said after the hearing, "A diplomat from his own country could have explained his rights to him in Spanish, emphasizing his right to remain silent and not make a statement, which is a right not all countries have."

But Clayton deputy chief assistant District Attorney John Turner said Chia-Duran didn't identify himself as a foreign national when he was arrested in December and even presented a North Carolina driver's license as proof of identity.

"To argue this point, you first have to prove that the officer knew the suspect to be a foreign national," he said. "And he's had a privately retained attorney from Day 1 and he hasn't made an effort to contact the embassy on his behalf."

Mackie said Chia-Duran does not speak English. He has required an English-Spanish interpreter at every court hearing.

Clayton County Superior Court Judge Matthew O. Simmons rejected the defense motion, but Mackie said he may appeal.

University College London professor Eileen Denza, who teaches classes on the Vienna Convention, said the treaty is usually invoked during murder or death penalty cases.

Turner said he is familiar with its use in arrests on the Mexican-U.S. border but Georgia police officers just aren't trained to advise suspects of that particular right. Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.

"It would be a simple thing to add a line to the Miranda warning and advise everybody of that right," he said. "A foreign national doesn't have to be a Mexican who doesn't speak English, it could be a Canadian who talks just like us."


TOPICS: Crime/Corruption
KEYWORDS: aliens; illegal; immigrantlist
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I'm amazed this article made its way into this morning's Journal-Constitution. They must have had to drop one of the (many) "Free Saint Genarlow Wilson" articles to squeeze it in.
1 posted on 06/14/2007 1:15:24 PM PDT by madprof98
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To: madprof98

Just trying to claim the rights that Americans can’t claim...


2 posted on 06/14/2007 1:16:56 PM PDT by oblomov
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To: madprof98
Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.

One of the most appalling paragraphs I've ever read.

3 posted on 06/14/2007 1:19:39 PM PDT by Sherman Logan (Diversity in theory is the enemy of diversity in practice.)
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To: madprof98

They come here illegally and then suddenly they are citizens of Mexico.

I wish we had a President with acorns. He’d tell them all to go take a flying leap at a rolling donut.


4 posted on 06/14/2007 1:20:49 PM PDT by samtheman
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To: madprof98
Mackie said the problem could be resolved with an addition to the already mandated Miranda warning.
The problem could be resolved with a .45 caliber or .357 caliber slug. Or, for that matter, even a .38 caliber.
5 posted on 06/14/2007 1:25:20 PM PDT by samtheman
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To: madprof98
aggravated battery and aggravated child molestation involving the then-8-month-old
Never mind. The caliber isn't important. Just keep shooting till he doesn't move anymore. Then dump his stinking carcass at the doorstep of the Mexican consulate.
6 posted on 06/14/2007 1:27:14 PM PDT by samtheman
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To: madprof98
Ignorance is not an excuse.
If he didn't know, he should have asked.
7 posted on 06/14/2007 1:28:48 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: madprof98
Defense lawyer Stephen Mackie said after the hearing, "A diplomat from his own country could have explained his rights to him in Spanish, emphasizing his right to remain silent and not make a statement, which is a right not all countries have."
The lawyer might require a reload.
8 posted on 06/14/2007 1:29:48 PM PDT by samtheman
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To: madprof98

Beyond that, just skin the b***ard, roll him in salt, wash it off with lemon juice, and repeat until he doesn’t scream anymore.


9 posted on 06/14/2007 1:30:19 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: madprof98; Sherman Logan
And he's had a privately retained attorney from Day 1

Who the H#!! is paying for this private attorney???

10 posted on 06/14/2007 1:32:13 PM PDT by GovernmentShrinker
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To: madprof98
What a slimeball! Defense lawyer Stephen Mackie

What about the 8-month old that is paralyzed for life by your F'n client? Jerk.

11 posted on 06/14/2007 1:32:56 PM PDT by TexasCajun
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To: madprof98
Mexican Embassy in Atlanta??

Perhaps he means Consulate?

12 posted on 06/14/2007 1:33:16 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: madprof98

Google: “Stephen Mackie atlanta”


13 posted on 06/14/2007 1:34:53 PM PDT by TexasCajun
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To: samtheman
the lawyer would require silver bullets dipped in holy water
14 posted on 06/14/2007 1:34:58 PM PDT by sticker
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To: madprof98

“The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.”

He should pay with his life.


15 posted on 06/14/2007 1:36:03 PM PDT by Old Grumpy
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To: sticker
the lawyer would require silver bullets dipped in holy water
That's right! Otherwise he'd rise again!
16 posted on 06/14/2007 1:37:07 PM PDT by samtheman
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To: samtheman

>The problem could be resolved with a .45 caliber or .357 caliber slug. Or, for that matter, even a .38 caliber.<

WAAAAAYYYYYY too quick and painless. I’m thinking about a couple of things that would take a few days.


17 posted on 06/14/2007 1:40:15 PM PDT by highnoon (Stop global whining)
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To: GovernmentShrinker

Good point.


18 posted on 06/14/2007 1:41:55 PM PDT by Sherman Logan (Diversity in theory is the enemy of diversity in practice.)
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To: Sherman Logan

In Mexico they would have just killed him for what he did and gotten it over with. I cannot believe we are going to be offering people like that citizenship in our country. I hope something very unpleasant happens to him in jail before he comes to trial.


19 posted on 06/14/2007 1:48:12 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: madprof98

“It would be a simple thing to add a line to the Miranda warning and advise everybody of that right,” he said. Our police are now just supposed to assume that whoever they stop is an illegal alien? Yet in many municipalities they can’t ask them if they are illegal. It twould be nice if someone put Mackie out of his misery too.


20 posted on 06/14/2007 1:52:32 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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