Case Against Andrew Tahmooressi Expected to Close Today

Written closing arguments and a ruling from Judge should follow soon after

TIJUANA.- The Federal Judge presiding in the case against a former marine who is detained in Baja California for entering Mexico with three weapons and over 400 rounds of ammunition has issued an order for Tahmooressi to personally confirm whether or not he agrees with his defense counsel's motion to close the evidentiary portion of the trial. After that, written closing arguments from the Prosecution and Defense will be submitted.

It is not normal protocol for a defendant to have to sign off on closing the evidentiary phase, but Fernando Benitez believe that this is an extra measure that the judge is taking in light of previous issues Tahmooressi has experienced with the way his defense was handled previously. The current defense team is the third for Tahmooressi, who widely criticized his first Attorney, Alejandro Osuna, for supposedly making him lie and say that he had never been to Mexico before this incident.

After the evidentiary phase of the trial is closed, both sides will have to submit written formal arguments. The defense team for Tahmooressi will be ready to file written closing arguments immediately, and will push for prosecution to also file closing arguments immediately. At that point, the judge would have 15 business days to render a definitive ruling.

Benitez anticipates that the Prosecutor will continue a hard stance, but believes that they have been left with little options to argue the case based on facts and will likely be left with arguments mostly based on legal grounds. Benitez believes that the prosecution's case has been tempered based upon recent evidence. Based on this, he would hope that they would ask for a minimum sentence of around eight years. In a recent interview on Fox News, Benitez stated that even the minimum sentence would still be unacceptable.

Attorney Benitez has stated that there are many grounds on which an acquittal could be based on. However, in the unlikely event that Tahmooressi is found guilty, defense would move to appeal to get the sentence revoked.

Photo: Twitter feed of Attorney Fernando Benitez
Photo: Twitter feed of Attorney Fernando Benitez

Recent evidence entered into the case includes psychiatric exams of Andrew Tahmooressi performed by both sides, which conclude that Tahmooressi suffers from Post Traumatic Stress Disorder. The analysis includes an opinion that Mexico would not be able to provide adequate rehabilitative treatment in incarceration.

A House Resolution Bill in the United States Congress "expressing the sense of the House of Representatives that the Government of Mexico should immediately release United States Marine Sgt. Andrew Tahmooressi and provide for his swift return to the United States so that Sgt. Tahmooressi can receive the appropriate medical assistance for his medical condition" has yet to pass the House.

Another similar resolution with the additional language that the "President of the United States should take actions to impose sanctions on Mexico" until Tahmooressi is released, has also yet to pass the House.

After many rumors circulated the internet that Andrew Tahmooressi was on the verge of being released, the family published a statement on its official Facebook site asking supporters to, "not repost or share reports of Andrew's imminent release or reports that he has been released. If and when Andrew is released, the family, or an authorized representative of the family will make an appropriate announcement. Right now, the focus must be on continuing to press for additional co-sponsors and passage of H.Res. 620."

Comments

  • Facebook

  • SanDiegoRed

 
 
  • New

  • Best

    Recent News more

    Subir
    Advertising