Legal Commentary

Joran Van der Sloot Charged With Murder And Robbery

By Jeralyn

Joran Van der Sloot has been charged with aggravated murder in Peru, (Google translation here) with findings he intended to rob Stephany Flores, persuaded her to come to his hotel room and then brutally murdered her and tried to cover it up.

Another version here (Google translation here.)

Three cab drivers were also charged with failure to report a crime. The complaint alleges they knew of the crime when or after they drove Joran. Some reports say the maximum sentence for murder during the commission of a robbery with extreme violence is is 35 years, others say it's life.

As to the cover-up, it may have to do with his having pretended to have lost the key to his room. [More...]

Joran will now be handed over to the penal authorities to await trial. The National Penitentiary Institute (INPE) will decide which prison he will be held in.

Trials in Peru, which are to a panel of judges, not juries, can take up to two years.

His lawyer is attacking the confession and arguing he didn't have his counsel of choice present. His lawyer says he will present a manslaughter defense.

From what I've read, the maximum is life, but another source says while penal code allows for life in prison, the constitution of Peru does not.

Yesterday there were reports Joran told Peruvian authorities he would be willing to tell Aruba where Natalie's body is buried. Sounds like he is holding out for a transfer to Aruba. I still think that will be the ultimate outcome, if he lives that long. Peru knows the world is watching, so hopefully they will keep him safe.

Also, most reports are now acknowledging Joran first met Stephany a few days before they hooked up at 3 am at the casino that last night. As I said here where I posted the camera stills, it looks like they are greeting each other, not meeting each other.

Last word: Once again, this sends a message that when you are given the right to remain silent, use it. Prisons are filled with people who thought if they could only tell their side of the story, the police would see it their way. It rarely happens. Peru doesn't provide the right to remain silent. The threats regarding consequences for refusing to talk may have been too great. But here, where we do have that right, it's best to exercise it.

Full post as published by TalkLeft on June 11, 2010 (boomark / email).