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Aug 26, 1999

Simeon Sampson calls for Commissioner Brooks’ resignation

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On Tuesday August twenty-fourth, Police Commissioner Ornel Brooks held a press conference to state he believed the police did have strong evidence in the murders of Jackie Malic and Samantha Gordon and criticized the Director of Public Prosecutions Adolph Lucas for ordering that charges be dropped against the men accused of the murders. Today Simeon Sampson, the Attorney for Melvin Young, one of the men who had been arrested for the death of Samantha Gordon, told News Five he reviewed the case file. He says he and two other defense attorneys Ellis Arnold and Lutchman Sooknandan all agreed that there was no real evidence against their clients and immediately approached the D.P.P. to ask that the charges be withdrawn. He stressed that according to the Constitution it is up to the D.P.P., not the police, as Commissioner Brooks has stated, to decide whether or not to prosecute. He says these two cases, the recent case dismissed against Selwyn Grey accused of a double murder on the Northern Highway, as well as that of the two men accused of the Hummingbird Highway hold-up due to a similar lack of evidence, signals that there is a real problem in the Police Department. Sampson says unless there is a change in the police command and better training for the officers, cases will continue to be dismissed and innocent people will languish in jail. He also told us about the contents of the Samantha Gordon case file.

Simeon Sampson, Attorney for Melvin Young

“Given the abundance of ignorance manifested by the head of the police force, he has to be removed, because he is perpetuating this sort of ignorance and it has permeated the police force. And it’s a military institution! The poor subordinate cannot resist the command of the arresting officer, even at the extent of going before the public in the courts and look ridiculous. But that’s the sad part.

I don’t want to be considered as making a lot of noise only for Melvin Young because he has a few bucks. There must have been other poorer prisoners, marginalized prisoners because of impecuniousity are languishing in jail in Hattieville, because of arbitrary arrests similar to this kind.

As I understand the word contract in law, it has elements. There has to be an offer, there has to be an acceptance of the offer and there has to be valuable consideration. The statement in this file coming from Hubert Velasquez that Mr. Brooks was relying upon, Velasquez is alleged to have said that he met Melvin Young at a gas station and that Melvin Young approached him saying that he would like Samantha dead. That’s what he said in his statement. When Velasquez asked why he is alleged to have said because she got me sick. That’s all. Because she get me sick. That’s all. Velasquez went on to say that during the conversation Young showed him a point three eight zero handgun, that’s all. And Young allegedly invited Velasquez to the party. End of conversation.

There is nothing else because Mr. Brooks went on to say that in a statement that his co-accused Warren Cabral, gave to Salazar at the Pomona Valley Police Station, Warren Cabral said in this statement that he, Warren Cabral held a party at his house and that that party was sponsored by Melvin Young. Mr. Brooks sees upon that to say well look that is evidence against Melvin Young while any law student beginning studies knows that a written statement given by an accused person to a policeman against his co-accused and in the absence of that co-accused is only evidence against the maker of the statement. It is not evidence against any other person mentioned in the statement. So that when Cabral told Salazar in this written statement Melvin Young was absent. So even if having a party was a criminal invite, the fact that Melvin Young was not present when Cabral gave this statement to Salazar is not evidence against Melvin Young. The law, that’s the law we practice in the courts of Belize.”

Sampson says although police inspector Eli Salazar publicly stated that their evidence suggested that the motive for Samantha’s murder was because she had given HIV to one of the men, none of the four suspects were ever tested for HIV, nor were any samples taken from Gordon’s body. In addition, the cause of her death was never determined, which he says is a serious “vacuum in the evidence.” The Police Department today issued a release saying that “if what is needed is more evidence, we will find more evidence.” They pledged that these cases will not go unsolved. The D.P.P. told News Five that since the matter was never tried, the person being accused can be re-arrested and tried if sufficient evidence linking that person to the crime is found. For Adolph Lucas’ views on the Samantha Gordon and Jackie Malic cases, tune in tonight to “One on One” with Dickie Bradley at eight. Chief Magistrate Herbert Lord will also be on the show.


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