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Peruvian Judge Schedules Interrogation of Joran Van Der Sloot

By Jeralyn

Judge Carlos Morales Cordova of the 4th Criminal Court in Lima, who is conducting the inquiry into the charges of simple murder and theft filed against Joran Van der Sloot, has scheduled an interrogation of Joran at Miguel Castro Castro Prison for 10:00 am Monday Morning. [Google translation here. Another version is here, translation here.)

Judge Cordova is also requesting psychiatric and other expert evaluations, and the autopsy findings, to assist him in deciding whether Joran should stand trial on these charges. He also plans to schedule a reconstruction of the crime scene and will interrogate the three taxi drivers charged with failing to report the crime.

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I think the second article linked above says Judge Carlos Morales Cordova also mentioned today he wants to protect Joran's rights by keeping the Aruba and Peru cases separate. (At least I hope that's what the Spanish version says, I can't tell from the Google translation.)

Reports are conflicting as to whether Joran's lawyer actually quit (a report from the Netherlands today says he changed his mind and will continue to represent him) and if he did, whether he will have a new attorney by Monday.

Also today, Peru approved the formal request of Aruban authorities to question Joran in Peru.

Aruban authorities say they don't think they will get there before August, as they don't want to interfere with the Peruvian investigation. They don't hold out much hope for a transfer, at least before Joran is convicted and sentenced in Peru, but it's also not ruled out.

The Flores family continues to make the TV rounds, and tonight will be on Larry King Live. (Last night it was Nancy Grace and before that Greta.) They continue to say they want closure for the Holloways, and as long as Joran is locked up, they don't care whether it's in Peru or Aruba or elsewhere.

I hope he is able to retain Cesar Nakasaki, the attorney for former President Fujimoro, as he sounds more than capable of arranging a global agreement between all jurisdictions and competently representing Joran.

Joran's mother was supposed to be going to Peru this week, with a media rep from the TV station that is paying for her travel, but I haven't seen any reports that she has arrived. It doesn't sound like she has sufficient funds to hire a top-notch lawyer.

Last night I read the Peru statutes (translated into English) on "honest confession" (Section 136, amended by Article 1 inc. b) Law No. 28 760, published on June 14, 2006)and the penalties for murder. Here's my initial assessment, which I may revise when I have more time to review them.

It seems if the Judge finds Joran's confession meets the requirements of the statute (only extortion and kidnapping are excepted), he can sentence him either to 1/3 below the minimum or to 1/3 of the minimum -- the English translation on this isn't clear which one it is and while I've seen both reported, I suspect it's the former.

Article 161. Effect of sincere confession confession .- If, additionally, is sincere and spontaneous....the court, specifying reasons make it necessary, may reduce the penalty to prudently in a third below the legal minimum.

A Peruvian lawyer argues here (English translation here) that since former President Fujimori got a reduction for his honest confession, Joran, assuming he's being truthful, should receive one as well. Here's a 2006 Law Review article on Peru's honest confession law.

Also, the penalties for various types of murder were revised in 2006, as was much of Peru's criminal code, and trying to figure out which is the current version has not been easy. Simple murder (Article 106) carries either two to six years or six to twenty years, depending on which is the original provision and which is the amendment, and murder with aggravated circumstances (Committed with ferocity; for profit or pleasure; to facilitate or conceal another crime; with great cruelty or premeditation; or for fire, explosion, poison or any other medium capable of endangering the life or health of others) carries a minimum of 15 years. (Article 108,amended by Article 1 of Law No. 28,878, published on August 17, 2006.)

One thing I haven't been able to find is a copy of the Prosecutor's criminal complaint specifying the charges. Some news reports say "simple murder" and others say murder with ferocity. I assume it's the latter, but I'm not sure. In any event, it will be Judge Carlos Morales Cordova's job to decide if the prosecutor's charges are sustainable, and if so, he will order a trial. The trial takes place before a panel of three judges (no jury.) But if he finds an honest confession (which he will begin to evaluate on Monday when he questions Joran, after which he will compare it to the prosecutor/police report), it seems he can terrminate proceedings and proceed to sentencing. From Article 136, Effects of Confession:

The defendant's confession corroborated with evidence, relieve the judge to practice the steps that are not essential and can terminate the investigation if this does not affect other defendants or not to seek impunity for another, for which there is a suspicion of guilt.

In Spanish:

“La confesión del inculpado corroborada con prueba, releva al juez de practicar las diligencias que no sean  indispensables, pudiendo dar por concluida la investigación siempre que ello no perjudique a otros inculpados...

Full post as published by TalkLeft on June 16, 2010 (boomark / email).