Local Police seek witness who was deported
Cesar Ariel Jacquez, set to offer key testimony in a homicide case, was sent back to the Dominican Republic by the Federal Government or Homeland Security.
Local Police in Luzerne County, located in Northeastern Pennsylvania, will be in the Dominican Republic next week trying to find a key witness in a homicide case; a prosecutor said Friday. Luzerne County prosecutors learned three weeks ago that the witness, Cesar Ariel Jacquez, had been deported by the Federal Government as he was an illegal alien.
Every defense attorney and prosecutor knows that without the witness, whether his testimony is exculpatory tending to prove innocence or inculpatory tending to show guilt, the case becomes weak. Now the point of this article and blog is to demonstrate the power of the government. (andrewstine.com)
The awesome power of the government and the ability it has to spend our money is shown within this article. First, very few criminal defendants have the resources to compete with the government, when it comes to a criminal proceeding. Remember, each and every law enforcement personnel (cop sheriff), every secretary, every record custodian, every investigator, every vehicle, every machine, and every prosecutor is paid with unlimited resources; tax payers’ funds. Now, factor in what power the state has to bring back a witness, which the federal government has adjudicated as being illegal to our United States. (andrewstine.com)
If I went through ever step of how a regular citizen, like a criminal defendant, goes to get an illegal alien back into the United States, I would be able to build Jacob’s Ladder. I must tell all of up front, it very rarely happens. First, a criminal defense attorney cannot get an order from a State Judge telling the Federal Government what to do. Remember civics class, Separation of Powers. I throw the idea of civics class into the article because I am always at awe, when jurors cannot remember or under stand the Presumption of Innocence. That is for a different article. I mean a State Judge will not even entertain the idea of telling the Feds what to do. Secondly, try to go to a federal judge to get an order to Home Land Security to bring back an Illegal Alien because that person can set your client free. Yeah, that gets you far. (andrewstine.com) See the problem. The defendant without the resources and intergovernmental string-pulling cannot get the witness back in to testify without breaking his or her back.
Wow wish it was as easy as sending two investigators via airplane to a foreign country, renting them an automobile to drive around in, giving them spending money for hotels, food, and entertainment, providing them with a translator, and then allowing them to bring back the witness to testify. In a perfect world that is the way it occurs, unless you are the Government, then it is your world. (andrewstine.com) I am fully aware of this problem as The Law Office of Andrew D. Stine (andrewstine.com) represented a Human Trafficking Case in South Florida that began in the State courts and then went Federal. To fully appreciate what a criminal defense attorney goes through, the ones who care and give a shit, call my legal assistant or speak to my wife about the endless nights of trying to figure out a solution to this problem. I can tell you this, it was not as easy as making a telephone call to my supervisor, but I did pray a lot, and asking him or her to get a witness back into the United States for the benefit of the case. (andrewstine.com).
