Judge’s safety concern in drug and ammunition case

Zurisaday Villasenor Mendez

Twenty-two year old Zurisaday Villasenor Mendez, a Mexican from Quintana Roo, was at the Las Vegas Hotel at the Corozal Free Zone when he was arrested by the police.  Inside the hotel room, officers reportedly found two firearms with ammunition, a plastic bag which contained twenty eight grams of suspected cocaine; cannabis and an assortment of electronic communication devices including: antennas, cell phones and a mask. They also found keys to a Mazda car, a Chevy pick-up, and a Ford pick-up and inside the vehicles they found two AK-47’s with live rounds as well as other firearms. After a search of the hotel and casino compound, the officers netted seven guns, twelve magazines and one hundred and forty four bullets. Villasenor Mendez’s appearances at the Corozal court have been marked by members of the Belize law enforcement. At the beginning of the trial, his attorneys opposed the assignment of a Magistrate from Cayo to the proceedings in Corozal Magistrate Court. And now that the prosecution’s case is over, Arthur Saldivar the attorney for Villasenor Mendez, says a mistrial should be declared because the Magistrate, who allegedly told him, that she is fearful for her family’s security, has now moved the case to Belize City.

Jose Sanchez

“The court has acted; your client is no longer being tried in Corozal. Is that not true?”

Arthur Saldivar, Attorney

“Well this morning, I got a call from the magistrate, Miss Morgan, personally and she was indicating to me that she had gotten information from the police that there is a threat. Now we must bear in mind that the police has been saying this from the beginning of this case; that this man is a member of the cartel and they were making all manners of accusations—none of which appeared in the case for the prosecution and none of which they can prove. Certainly, Zurisday Villasenor Mendez has provided documentation to show that he is a student; no criminal record in Mexico. And certainly in relation to the incident in question, there is nothing connecting him to any of the items that were found. Now what the magistrate told me is that she has a family and at this point she is fearful for her family. The magistrate is saying, now at this late stage; that she is so fearful that she cannot go and do her job. It basically puts in my mind that there is some pressure now acting on that magistrate for her to call me. Before now I did not have her number, but I can tell you right now I do have her number and she called me and I had to send her a text to explain to her that it is ominous what she is telling the defense at this late stage.”

Jose Sanchez

“But is your case affected by it being in Corozal versus Belize City?”

Arthur Saldivar

Arthur Saldivar

“Yes it is affected on two counts. First it is affected because on the last occasion, two of the prosecution witnesses that were included in their information and complaint were not brought to court before the case being brought by the prosecution had ended. When the case for the prosecution ended, the defense made a motion to have these witnesses be made available. Those witnesses are the only persons who work at the Las Vegas Casino that were included in the prosecution’s case; that had actually given statements. The statements from those persons disclosed that at no time did they ever see Zurisday Villasenor Mendez holding any gun or throwing any gun in any garbage or running away from the scene at the early hours when the police got there. These are not people who would be able now at this late stage to change their schedule to come all the way to Belize City; they were brought into these things by subpoena at the request of the defense. They weren’t defense witnesses, the defense have not spoken to them. All the defense relies on is the statement that they gave the police; that the prosecution gave in its disclosure. But to have this matter moved now in its late stage, would prevent these people from coming to court. The magistrate by doing this, by even suggesting it, has disclosed to us that she is no longer of an objective or unbiased mind given that she is now declaring that she has concern for her own safety and the safety of her own family. I don’t think that anybody with those kinds of concerns could be said to be acting independently. So it would taint a decision either way.”

Jose Sanchez

“So are you going to request that the judge recuses herself or ask the matter to be thrown out? What’s your next move?”

Arthur Saldivar

“Well at this point we have to ask that the matter be thrown out on the basis of a mistrial because the prosecution’s case is now over and the judge herself is showing that she has something other than the law influencing whatever decision she makes. Whether it be an acquittal or a conviction, the decision would not able to be trusted.”

Although the case will be heard in Belize City, Saldivar says he will return to Corozal on behalf of his client.