Presumed Guilty: The Injustices of Mexico’s Justice System
July 27, 2010 47 Comments
IN DECEMBER 2005 Antonio “Toño” Zúñiga, a young man who worked as a street vendor in Mexico City, was abducted by police and accused of a murder he didn’t commit. He was held without charge, and there was no physical evidence connecting him to the crime. He had no link to the victim, and no motive. Witnesses could testify he was working at the market and provide an airtight alibi for the time of the murder.
Despite this, Toño was found guilty and sentenced to 20 years in prison.
Presumed Guilty, which airs tonight on PBS, is his story, as well as the story of Roberto Hernández and Layda Negrete, two self-described “lawyers with cameras” who are determined to expose a deeply flawed Mexican legal system which has no presumption of innocence.
Hernandez and Negrete gained unprecedented access to the prison where Toño is held, as well as to the “courtrooms” where justice is meted out. It’s not surprising to learn that the prison and justice rooms are part of the same building complex. The film will be shocking to anyone who is unfamiliar with the way the criminal justice system works (or doesn’t work) in Mexico.
According to the film, the majority of the accused never see an arrest warrant. They are not brought before a judge, or a jury of peers. The conviction rate in Mexico City is 95 percent, with 92 percent of those verdicts lacking physical evidence.
Arrest-to-prison is a lightning-fast process, but ironically, this process generates reams and reams of paperwork. One of the film’s lasting images is of a room of wall-to-wall metal shelving, overflowing with bound books of “evidence.”
The filmmakers’ unrelenting research into Toño’s case earns them a retrial. And, in the film’s real coup, they are then allowed to film the proceedings. The retrial lasts from November 2007 to February 2008, and these scenes in the “courtroom,” which more or less resembles an American-style DMW, are riveting.
This is because Toño must mount his own defense, standing behind a small window blocked by iron bars. With coaching and support from Hernandez and Negrete, Toño faces the judge who originally sentenced him, Hector Palomares; he cross-examines the only “eyewitness,” a gang member; and tries to break down the arresting detectives, who stick to their wall of silence by answering every question with “I don’t remember.”
These scenes are also very effective for the actions of a savvy and charismatic defense lawyer, Rafael Heredia, who pokes, prods and challenges the judge, detectives and especially a by-the-numbers prosecutor who sits looking bored and amused throughout the whole ordeal.
The film is a tour-de-force for constitutional law junkies. And for those who like David vs. Goliath stories. It is a very human story as well. It exposes the weaknesses in large systems and questions the motives of those in authority. It challenges viewers to ask why. It will make you angry at the injustice that goes on today for so many people like Toño. It is honest, and moving.
Presumed Guilty airs on PBS stations Tuesday, July 27th.
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This is wrong
Very powerful stuff. I couldn’t imagine living without the basic presumption that you are “innocent until proven guilty.” I will be sure to watch this. Thanks for the post!
I didn’t want to give away too much in the review, because it is as you say a very powerful story. What especially good is how well we get to know Antonio and even the filmmakers. You are rooting for him to get his freedom back throughout the film.
Thanks for your comments!
That really opened my eyes to the degree of injustice in the Judicial system. I knew it happened but the fact 92% of the cases lack physical evidence is just astonishing and disgusting. I believe in such a system people can do little to appose the situation in fear that they too will be arrested without charge and a court hearing. Where is the rest of world, especially America, which prides itself to bring “democracy’ and “justice”?
Hi Mahfooz,
When you hear statistics like that, it’s incredible. We take our judicial system for granted here in the United States. At the screening I attended, the filmmakers said many people have the same reaction when the learn about how things operate in Mexico. Watching this film makes one immediately want to take action. I hope many people see the film and are motivated to do something, even if it just to learn more about the justice system in Mexico.
Thanks for reading.
Will definitely have to check this out…although I know it will upset me
http://www.wutevs.wordpress.com
I hope you will watch–the work the lawyers did is astonishing, considering the obstacles put up by the state. It’s a wonderful story and I highly recommend it!
Thanks for stopping by and for your comment.
its a wonderful post! congrat!! i´ve wrote another one if u want to read it
http://lashistoriasdealo.wordpress.com/2010/07/27/no-leas-este-post/
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Thanks for linking to your site. Appreciated!
This is a great story and I can appreciate the compassion for humanity involved. Or, lack there of, initially. I’m familiar with the story and it is definitely moving.
But…every justice system in the world acts the same way. Though in America you are innocent until proven guilty, try telling that to someone who’s been charged and acquitted of a crime that he/she was “innocent of until proven guilty.” See what they have to say. Also, this post is filed under ‘human rights.’ This isn’t an issue of human rights, it’s an issue of legalities and legal rights within Mexico. Again, I’m not entirely cold-hearted and uncompassionate, I do feel for people this happens to on a daily basis in countries and justice systems everywhere. But, America has its own problems, specifically similar judicial system problems, and rather than focusing on them and attempting to fix them, we shell out our compassion to persons in other countries. Why?
I disagree that this film’s subject matter does not touch on human rights. It absolutely does. The right to a fair trial is proclaimed under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, both of which establish this basic human right.
And feeling compassion for some people, but not others, goes against the very essence of compassion itself. All people, regardless of nationality, ethnicity, religious belief, gender, etc., deserve to be treated compassionately.
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This seems like a very powerful story. I would like to see the movie. From the description above, it almost makes you wonder if this kind of stuff is not far from home. Is this kind of corrupt government what America is heading for? If we keep up the kinds of things are system partakes in now, we will be. And the next movie made like this will feature America. Sad thought huh? To be completly blunt, its not like movies like this haven’t already been made about our country. Our justice system and any part of our “system” for that matter is soooo messed up its unbelievable, and if looked into, the foundations of our justice system are still taught to be laid on “innocent until proven guilty” but I can tell you as a Criminal Justice major that most definatly is not the case when it comes to real “justice” in action. Our government has so many things complicating it and so many people who have no checks and balances. Its insane…
It has made me think very deeply about our system of justice. That’s what the best films do, taking a specific experience or event and raising questions that are universal. I’d be very interested in hearing about your experiences in studying criminal justice. What do you think are the most important challenges facing our system today?
Thanks for your comments.
I agree! As Mexican I’ve have heard of this storys many times. Am 25 and raised in Arizona since I was 3. And this situations and others are why many cross the border.
And we hear everyday in the news this happens over and over. It’s sad and embarrassing.
Sadly that history happens many times here in México, suposley in our constitution the law have to be immediately and free for all, but the justice its diferent than in the E.U. its more burocratic and you can be proceced a year in jail in wait of you judgment in the time of judges and lawyers are recolecting evidences and wittness testimony for you judgment, and that burocratic issue its one of the problem because have happens also that the police release thrue criminals because x notification take to long in be recive to the jugde, also the corruption have influence in the sentence, but México not is the only country with that problems in his justice system, abu graib?
Thank you so much for posting this. We will certainly watch it. No country on earth is immune to human rights violations. Bravo to all the people out there who call attention to it.
It’s true no one is immune, Renee. What’s especially incredible about this film is the filmmakers, who are lawyers, and could have continued to sit back and do nothing. Instead they made a choice to act, and used their knowledge and training to help someone. It’s a very inspiring story.
One too many of these stories out there. Seems as the gangs run the police down there so they get a great cover up by putting innocent people in jail. This way, the people of the city feel the murdered was caught and they are safe.
In a Q &A session with the filmmakers after the screening, they also said the police were given monetary rewards for the amount of arrests they made–so, more arrests equals more money in their pockets. This was out in the open, the filmmakers said, and was put into place because the state wanted the police to have an incentive to do their jobs. But the result was instances of what happened to Antonio.
…What do you think a quota is? You don’t think American police officers have an arrest/citation quota? They most definitely do. ALL police officers have incentive, it is no different. I do agree that this case is a tad out of the norm, but it is being overdramatized.
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Thanks Denise for the link.
wow. i will definitely go watch this now.
It’s an exceptionally well-done documentary film. You can tell the lawyers doing the film were so committed and their passion is right up there on the screen.
Thanks for reading, Claire.
It’s such a shame to see how this kind of cases are very common in my country, I can say that most of the population has been a victim of the law sistem, not at the point of this guy… however this is something totally annoying, specially cause Mexico says: “we can say anything, we have freedom to say all kind of things”, but the reality is that some journalist or intelectual people doesn’t have much freedom. It’s shameful to be part of a country like this, where goverments are proud of an independence that we don’t even have.
Most people who travel to Mexico on vacation don’t realize the inequalities that go on in the country. I lived in Mexico for a few months and a story like this doesn’t surprise me. Although it’s a great country, filled with lots of culture, it’s still considered a developing country for a reason… because of stories like these. It’s sad but true.
I love things like this. We get the commericalized version of Mexico. But let’s be real – people are leaving that place for a REASON. And it’s not always because they are scammers – it’s because they are just trying to survive. It’s sad that for so long, we live in our bubble, and think it’s not that bad out there. But it is. The liberties and rights that we have laws and hoards of people fighting for in various ways don’t even exist in other places – some next to us. Thank you so much for this!
I have been in a Mexican prison and helped bring food to a young woman who was in for possession of marijuana (two joints). She’d been in two years already and was expected to be in even longer. Some of the things I saw still haunt me. The Brenda Martin case was very disturbing, too.
I don’t doubt there are good people in the Mexican government and legal system, and it must be difficult for them, too. Theirs is not the only country suffering corruption–we have plenty of our own here in Canada, but I am grateful that we still have so many rights denied in other countries.
Thanks for bringing this up, I missed the broadcast, but see it will be available on the 28th.
Heather
Hi Heather, I understand your reaction. In the film some of the footage inside the prison is also haunting. I like that the lawyers included that as part of the story, it gave it a larger perspective. I hope you will be able to see it when it’s on again.
Thanks for stopping by.
Justice in the world’s silk.
its so awful, poor him. but wait until you hear about Indonesian Justice System .. its even worse
I’ll definitely read up on it!
When you hear about such injustices, strong person or not, you just want tto break down and cry. Utter defenselessness. But when people step up and do something about it, it gives you hope to move on and keep proding with your own fight.
And this story has a satisfying ending, but despite that, you are left with many things to consider. I know personally I want to find out more about the history of Mexico’s legal system now, and find out more about how it works today.
Thanks for stopping by.
Hello,
I must say this is very interesting and I am certainly interested in this kind of subject. I am certainly not an expert in the American legal system, let alone international law and relations.
But the thing is that obviously the Mexican legal system works so differently from our system and every country must have their own system of law regardless of how good or bad we think it is or the reality of that legal system. I remember in one of my high school Spanish classes, he said that drug laws are so strict that if you have a very small amount of illegal drugs, you’re automatically going to jail.
Luckily, in our great country, we have the constitution in which we are guaranteed things like warrents, trials, jury or bench trials, etc., but here is some food for thought. In our legal system, we may have a presumption of innocence. But the question is, do we really? What do you think when you hear stories of Warren Jeffs the Polygamist from Utah with the ranch in Texas? We automatically think that he is a vile, horrific man who is guilty especially by the gravity of the situation. What do you get when you think of Joran Van Der Sloot with him murdering the girl in the Philippines and in South America? The thoughts and presumption that he is guilty (although that is an international case).
But point remains, as much as we think we are as “innocent until proven guilty” the presumption is there and with that presumption to many people in jury trials, the burden of proof seems to be in the hands of the defense to prove innocence before guilty.
I understand what you’re saying, Steven. The key thing, as you say, is there is a presumption of innocence–in practice is where it becomes a grey area. That’s the starting point. And though the burden of proof is on the prosecution technically, yes, the defense has a hard job. We’re lucky to be able to discuss these points openly.
We’re also very used to seeing the law in our daily lives: we may be involved in it personally, we may see it on television as part of the news, and there’s certainly an entire part of the entertainment industries that thrive on “courtroom drama,” through films, TV, and novels. We’re called for jury duty as part of being a citizen of the U.S. So there’s a presence and awareness that we all share. The filmmakers want that awareness and openness to be available for all.
Thanks for reading and your thoughtful comments.
Yeah I do agree that the law is involved in our lives, whether its in a form of a DUI ticket or a fine for J-Walking to the Death Penalty (for some murder 1 or treason crimes). You do have a point that the media capitalized on it for many reasons for the ratings. On the news, its to A. show an example, B. To show this is right or wrong like the legality of something like lets say Prop. 8 in California, etc. On shows like Law and Order and NCIS (both of which I love) it’s used as entertainment and bring certain crimes, issues, etc. down to a digestible level for viewers. One thing I do notice is that my point has some validity. As I watch Law and Order (take your series) and NCIS (take either series), you see how the law enforcement personnel gathers evidence and after its analysis either exonerates a person or show their guilt. Its up to the defendant to show their innocence with evidence, alibi or something regardless because at the very minimum, you might be, at least, be suspected as being involved somehow.
Yes I see what you mean. You start to see how it is two sides coming together in a process: each side with its responsibilities to individual(s) or state. I think that’s one of the main themes of the film: how one-sided it is, with the authority of the judges and prosecutors having a disproportionate ability to control the outcome of a case. Which of course, is true in many countries, not just Mexico.
Wow sad story, its like in the Philippines but not as bad people arrested here are given the chance to see the warrant and have the chance to defend own self to the court. But the judiciary system is so slow that some ends up in jails before they would even be proven guilty. If innocent then one would had probably stayed in jail for years.
I agree Kevin, at least there is a good result in this one story, and it may help to open a path to review and reform. Thanks for your comment!
Thanks Diana, Its really an eye opener that in other countries we do struggle with the same problem. After all we are all human. Will keep on following your stories.
Is there a way to get a copy of this on DVD? I don’t have cable, but I would like to see this one.
I would check PBS’s website; this has just premiered on the network, so they may have plans to later on to release it. It’s part of their POV series.
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Thank you for posting this up! I hope justice is served for Tono! I agree with Steven on his points, and with CreatedSwell on this is probably the reason for a lot of Mexicans crossing the border illegally! I don’t agree with the laws that the US passed for immigration. It isn’t fare that the very people who’s ancestors were the first in the US forced off their lands to go down to Mexico and California, are now coming back up to settle and they have every right to but are being deported. I strongly believe that they have every right to this land than any other foreigner that come here.
But back to this article, this is a very interesting case! I don’t know much about the legal system there but if a person is thrown in prison without having a fair trial, is injustice.