Legal Commentary

Joran Van der Sloot Sues Peruvian Attorney For Misrepresentation at Confession

By Jeralyn

Joran Van der Sloot has filed a lawsuit against the mysterious Peruvian lawyer who represented him during his murder confession to Peruvian police.

Maximo Altez told The Associated Press he filed suit Friday charging attorney Luz Romero Chinchay with misrepresentation, abuse of authority and conspiracy to commit a crime. Altez said the initial lawyer "pretended to be a public advocate when he is actually a private attorney."

"We have searched the name of Luz Romero Chinchay in the list of public defenders provided by the Ministry of Justice and his name was not on that list. We do not know why the police called this lawyer. We want to know who paid for him because my client did not," Altez said.

Also sued: Col. Miguel Canlla, chief of the police homicide squad, who conducted Joran's interrogation. [More...]

As I noted here and here, the public defender appointed for Van der Sloot was Carla Odrio who said she told police Joran would not be making a statement. The next day, Joran is brought to Drinchi (police headquarters), Chinchay is there instead of Odrio and advises him to confess.

So who hired Chinchay? The same person who hired the translator? (I thought Chinchay was a female, but perhaps not. According to the confession, the full name is Luz Marina Romero Chinchay, but some media outlets are referring to Chinchay as a male. Here's another Luz Marina Romero (Chitiva not Chinchay) who is female. )

In 2004, Chinchay was a prosecutor.

I also found a list of nominations from 2004 that appears to say Chinchay is among five people nominated for prosecutor.

Listado de Postulantes por Plaza Específica
Secretaría Técnica de Selección y Nombramiento CONSEJO NACIONAL DE LA MAGISTRATURA
Nº Orden Apellidos y Nombres Condicio acute; Distrito Judicial: A NACIONAL (Google translates as "List of Candidates for Specific Plaza, Technical Secretariat for Selection and Appointment NATIONAL COUNCIL OF THE JUDICIARY")

....Nivel/Plaza: 40 FISCALIA PROVINCIAL PENAL Postulantes: 5

1 ALIAGA GAMARRA, JOSEFA LUCILA MAGISTRADO
2 ASTOCONDOR ARMAS, RUBEN MAGISTRADO
3 CERVANTES TEODORO, MAXIMILIANA FELICITA ABOGADO
4 CUBA VALDEIGLESIAS, HAYNEE OLIVIA ABOGADO
5 ROMERO CHINCHAY, LUZ MARINA ABOGADO

Chinchay's position as a prosecutor was terminated in 2005:

S E R E S U E L V E : Art i culo Primero.- Dar por concluido el nombramiento de la doctora Luz Marina Romero Chinchay, como Fiscal Adjunta Provincial Provisional de la Fiscal i a Provincial Mixta de Y un g ay, Distrito Judicial de Ancash... (my emphasis)

The resolution is dated 27 de octubre de 2005.

Full post as published by TalkLeft on July 04, 2010 (boomark / email).