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 News Around the Republic of Mexico | February 2007 
Chapmans Receive Official Ruling From Mexican Court
 Mona K. Wood - Hawaii Reporter
| | The amparo presented to the federal court by Chapman's lawyers last October challenged the arrest warrant issued by a Puerto Vallarta judge against the Chapmans. |
The Federal Court for the Second District in Guadalajara, Mexico has issued a formal ruling in the constitutional challenge (known as an amparo) presented by attorneys for Duane "Dog the Bounty Hunter" Chapman, Leland Chapman and Timothy Chapman.
Contrary to prior unofficial reports of a ruling from the Second District, the court's action does not "clear the way for the Chapmans to be extradited to Mexico," explained the Chapmans’ lawyer, William C. Bollard.
"There have been several misstatements made to the press over the past several days," stated Bollard. "For example, we have never argued to the court that the Chapmans would not be guaranteed a fair trial in Mexico."
Also, since the story broke last Thursday (2/15/07), media sources around the world, citing an Associated Press article out of Guadalajara, have quoted someone named Jorge Huerta, who purportedly identified himself as the Chapmans' "Mexican lawyer." "We have never heard of Jorge Huerta. He certainly does not represent the Chapmans, and his statements to the press were misguided and reflect little understanding of the circumstances of this case," Bollard added.
The Associated Press has since released a statement to correct this information.
The amparo presented to the federal court by Chapman's lawyers last October challenged the arrest warrant issued by a Puerto Vallarta judge against the Chapmans. The warrant alleged they had unlawfully deprived the freedom of international fugitive and convicted serial rapist, Andrew Luster, who is now serving a 124 year sentence in California.
At the time the arrest warrant was issued, a second charge of conspiracy was dropped by the local judge in Puerto Vallarta. The prosecution immediately filed an appeal to that ruling which is still pending.
Bollard, who has now reviewed the recent ruling by the federal district judge, explains, "The judge for the Second District decided to not consider the merits of our constitutional challenge on the grounds of a technicality."
The Second District cited a Mexican law which holds that an amparo should not be considered while another appeal which could modify the underlying warrant is pending.
The other appeal referred to by the federal court is the pending appeal brought by the prosecution in Puerto Vallarta.
"But that law applies only to simultaneous appeals filed by the accused and not to our circumstances where the pending appeal was filed by the prosecution," stated Bollard.
Bollard commented that the federal court should have considered the merits of the amparo. "We intend to file an appeal with the federal circuit court next Tuesday," said Bollard.
Pending a ruling by the circuit court, the injunction previously issued staying all extradition activity will continue in effect.
"Nobody is going anywhere right now. We continue to have complete confidence that a full consideration of the merits of our amparo will result in justice being done and our clients’ exoneration." |
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