Tuesday, February 7, 2023

Pablo Ibar will request a new trial on February 28 and have his life sentence overturned

Date and time already in place. As Andres Krackenberger, spokesman for the Pablo Ibar-Juicio Justo association, told Republica.com last July, The appeal of the case against Pablo Ibar will be heard, The hearing will take place on February 28 at 2 pm in Florida. The Fourth District Court of the Court of Appeals has summoned Pablo Ibar’s attorney, Joe Nascimento, to a session for the day in which The lawyer will request for quashing of the life sentence as well as a new trial.This time in front of an impartial judge and as had not happened in the previous process, as Crackenberger defended, there is a new opportunity to demonstrate that “there is an injustice here and we must fix it”.

In this view – the costs amount to $ 200,000 – the prosecutor’s office will also be present to present the thesis opposite to that of Pablo and that he has been defending for more than 28 years, despite the inconsistency of the evidence.

Nascimento will have twenty minutes to develop the reasons why he requests Ibar to be tried again., At this hearing, the attorney will highlight the trial’s inconsistencies and point out that Magistrate Dennis Bailey, who directed the process that sentenced Ibar to life imprisonment, violated the defendant’s constitutional rights.

The new court will be composed of three justices and not seven like the Florida Supreme Court, but the operation will be similar to what happened in 2016. The defense will speak first and then the prosecution will follow. in twenty minutes, The defense “will emphasize the misconduct of the judge and prosecutors in the 2018 trial, but not only this trial, but what happened with the contamination of the evidence.”

the novelty of this call is The visit will not be face-to-face, as in this type of process, but the court has established that it must be done by videoconferencing.,

During the hearing of the appeal—which shall not include Ibar—, The panel of judges can interrupt Nascimento as many times as they want. For him to clarify, specify or deepen his argument, because it is not in person, the defendant is afraid of the difficulty of this “conversation”. The judges would also function in the same way with the prosecutor’s office.

Nascimento, who was already part of the team of lawyers defending Pablo Ibar in the 2019 process, based his request for a retrial on numerous irregularities and biased rulings, arguing that Broward County Trial Court “Abuses Its Discretion”and “made serious legal errors”.

In this sense, Nascimento assures that “he violated the defendant’s constitutional right to a fair and impartial jury, holds that the State referred in an “unacceptable” manner to the accused’s right to remain silent and implied that Pablo Ibar’s silence was a “confession of guilt”.which is “a clear violation of the Fifth Amendment to the Constitution.”

Similarly, Nascimento considers when the same judicial body has not acted impartially. Defense barred from questioning key witnesses for Pablo’s interestsOr when he accepted a statement about a photographic identification line-up from another witness who said he had seen Ibar on the day of the events aboard the Mercedes of one of the victims, Kasimir Sucharski.

The defense contends that the procedures employed by the agents who investigated the facts were “unnecessarily suggestive” and led the witness to “a substantial possibility of misidentification.” And he says the start of this test was “not innocuous.”

Joe Nascimento argues similarly The judge violated the constitutional right of a due process with all guarantees and his right to adversary, by barring the defense from questioning the state’s DNA expert about past cross-contaminations that occurred at the Broward County Sheriff’s crime lab.

It will criticize the “improper conduct” of the appeals commission Prosecutor Charles Morton, who denied Pablo Ibarr’s “constitutional right to a fair trial” in closing arguments, The lawyer believes that, once again, the judge abused his discretion when he overruled Pablo Ibar’s protest after the prosecutor ended his report with “provocative statements”. Morton even went so far as to tell the jurors that “this man is not allowed to get away with this;” Get away with committing a murder.

After this appeal, a deliberative period opens that could last for months and could even lead to an announcement in 2024. It is important to remember that if the appeal is not successful in this case, Defense will go to Florida Supreme Court The latter “go to two federal appeals courts and the last appeal will be the United States court,” Krakenberger went on in a conversation with Republic.com.

Meanwhile, Pablo Ibar is lodged in the Okeechobee (Florida) jail. Accused of a triple crime that ended the lives of Kasimir Sucharski, a nightclub owner and owner of the chalet where the crimes were committed, and that of young Sharon Anderson and Mary Rogers. Two people entered the house and killed all three.

However, in the final trial held in 2019, it was proved, including by prosecution experts, that The video did not have sufficient image quality To make an identity.

The Pablo Ibar Association – Just Judgment maintains a crowdfunding campaign so that anyone who is interested can contribute to meet the defense expenses.

Nation World News Desk
Nation World News Deskhttps://nationworldnews.com
Nation World News is the fastest emerging news website covering all the latest news, world’s top stories, science news entertainment sports cricket’s latest discoveries, new technology gadgets, politics news, and more.
Latest news
Related news