Selgado’s Mitigation Partially Done Because of Health Issues  

The mitigation pleas for convicted attorney, Oscar Selgado started today, but his medical condition was so fragile that the proceeding was adjourned until Friday. Today, two persons spoke on Selgado’s behalf: former Chief Magistrate, Sharon Fraser, who is a diabetic like Selgado and who can attest to some of the challenges that diabetics endure. The second person, Frank Selgado, is the attorney’s brother, who shared information about their humble upbringing that his brother had to work hard to become an attorney, and that he made a mistake in life. But the matter could not proceed further because Selgado experienced a fainting spell and Justice Nigel Pilgrim, adjourned it until Friday. Before the adjournment, Selgado asked for permission to speak and told the court that the prison penalized him by putting him in solitary confinement without proper ventilation for making a phone call to the courthouse last Thursday to inquire if the documents for his temporary release for his appearance in court today were made out. He said he made the call because he heard from an employee at the prison that there were no documents for his appearance in court. Selgado, fighting back tears, apologized to the court and said his purpose for making the call was not to undermine any system, but simply to ensure that the papers were prepared in order that he could be brought down to the court today. He said that his experience in the poorly ventilated cell played havoc on his already fragile health condition and that the person who was sent to examine him was a fellow prisoner who could only check his glucose level, which at the time was acutely low.  The judge said he’d have the matter investigated as it pertains to how Selgado’s health condition is being treated at the facility. Following the adjournment, one of Selgado’s attorney, Arthur Saldivar told reporters that he thinks the prison was too harsh on Selgado for calling and inquiring about his release papers.

 

Arthur Saldivar

Arthur Saldivar, Attorney for Oscar Selgado

“There is always this belief that there’s special treatment and he’s not going to be treated the same way ordinary people or other persons would be treated.  He is an ordinary person. There is nothing superhuman about an attorney. And he is an ordinary person with serious medical frailties and conditions. And certainly there’s no special treatment being given to him. He’s been convicted of a serious offence, we know this, and like any person would, he has to go through this process. I do believe that the prison for what he is said to have done, acted extreme, to say the least. A phone call does not warrant a trip to solitary confinement. He was not threatening anybody. He was not making himself a menace. He was simply querying as to whether or not his removal order was properly processed for him to be here today. So I am urging the prison and the prison authorities who I understand have a job to do, to at least be a little bit more reasonable and rational with all their inmates but in particular with those who have conditions like Mr. Selgado. We had the situation of Jahan Abadi not too long ago – a person, Mr. Selgado, with Mrs. Salgado’s particular medical condition, diabetes. He himself was put in solitary confinement on a number of occasions for very minor things, wound up dying in less than a year. We do not want that to repeat itself. I believe that the management at Kolby were given that privilege to manage and earn monies off inmates with a view to having conditions made better for all inmates, not to make remand time and short-term sentences a death penalty. The court may not be apprised fully and understand fully, so we are in the process of bringing a doctor to give the court the benefit of expert testimony as to what could be expected, and why it is that the facility at Kolby is not adequate for a person in Mr. Selgado’s condition.”

 

Selgado’s Attorney Says State Should Utilize Client’s Training as Part of  Punishment  

Former Chief Magistrate Sharon Fraser, in her testimony as a diabetic, spoke to the challenges that diabetics such as Selgado endure, and how prison life adds to those challenges. Saldivar said that in a case like this, where the convicted is a trained expert in a field of study, the state should use their training to the benefit of others as a part of their punishment, rather than to tolerate jeopardizing their lives.

 

                                Arthur Saldivar

Arthur Saldivar, Attorney for Oscar Selgado

“She spoke as only she can, about the challenges of diabetes and why it is from her expert and knowledgeable point of view, the prison would not be the best place for Oscar Selgado. We must remember, apart from being the former chief magistrate of this country, Ms. Fraser sat on the Parole Board at Kolby for quite a number of years, so she is intimately in tune and knowledgeable about the conditions of the prison and its capabilities. A part of sentencing has to do with rehabilitation and reformation. Mr. Selgado has the real prospect of losing his livelihood, which is a very grave punishment in itself. What he also has, by virtue of the expertise that he has and the training that he has, is the ability to help a lot of poor people out here, not by coming to court for them, but by providing advice for them. So there should be other ways that we look at to punish him appropriately for this offense that has been committed, but without compromising his life and losing a resource that could otherwise be put to good use for the public at large.”

 

The proceeding was adjourned until nine-thirty Friday morning.

Man Walks from Murder Charge

Twenty-one-year-old Jahstar Wassani Gonguez is free of the November first, 2021, murder of Shawn Robert Palacio, also known as “Ras Shawn “. The case ended in a nolle prosequi when the main witness was too afraid and asked if the state can protect her. But when she was informed that there is no witness protection system in Belize, she chose not to testify in the matter. Gonguez spent two years, six months on remand. He was arrested and charged with Palacio ‘s murder on November eighteenth, 2021, seventeen days after the fatal shooting. On November first, 2021, forty-year-old Shawn Robert Palacio was gunned down while walking on Mudd Street on the Jane Usher Boulevard area of Belize City. In 2021, Palacio ‘s murder came as a shock to his community as he was not known to be involved in any violent activities.

 

Chinese Businessman Charged with Obtaining Property by Deception  

A Chinese businessman is in trouble with the law after a fellow comrade alleged that he was conned out of almost a quarter million dollars’ worth of drinks. Owner of Ritchie’s Supermarket Limited, and Island City Supermarket Limited, thirty-seven-year-old Wen Yuen Zhen pleaded not guilty to the charge today and was offered bail of ten thousand dollars. The Court Prosecutor, Corporal Humbert Ayala had heavy objections to bail, including that he is a flight risk since he is just a naturalized Belizean and not a born Belizean. Furthermore, Ayala argued that there are no documents before the court to substantiate that Zhen has ties to Belize, but Zhen’s attorney, Immanuel Williams, submitted to the court that Zhen is a businessman with several properties in Belize and has no problem surrendering all his travel documents to the court with any necessary company documents to show his ties Belize. According to Williams, Zhen has been doing business in Belize for over seventeen years and that he has brought a civil suit against the virtual complainant. The magistrate offered Zhen bail of ten thousand dollars, plus one surety of the same, or two sureties of five thousand dollars each. It is alleged that Wen dishonestly obtained an assortment of drinks belonging to Caribbean International Brewery, all to a total of just under a quarter of a million dollars. According to police reports, on December second, 2022, the other Chinese businessman, sixty-two-year-old Kevin Xin of Carmelita Village, Orange Walk and Director of the Caribbean International Brewery Limited, (C.I.B.) reported to them that between April sixth, 2022 and August fifth, 2022, he sold an assortment of alcoholic drinks to Zhen. He said that Zhen paid with two Atlantic Bank cheques, which the bank later informed him could not be processed because a stop order had been made by another person. He said Zhen told him he would check on it, but he has not heard from him and has stopped answering his calls. But Zhen’s attorney, Immanuel Williams says Zhen is suing the brewery and Xin in a civil matter that is already before the court. In that suit, Zhen is asking for the removal of the beers and for the brewery to pay for warehouse storage fees. Williams shared some details on how the two businessmen ended up in court.

 

Emmanuel Williams

Emmanuel Williams, Attorney for Wen Yuen Zhen

“The matter is still in its infancy, so there’s not much I can state about the matter at this time. However, there is an agreement between the complainant and Mr. Zhen, and pursuant to that agreement, there was some bad faith between the parties, and the complaint was lodged, and subsequently my client was charged with the offence of obtaining property by deception. He is not to interfere with the witness and they encourage him not to be within a hundred feet of the witness and to visit the court every Friday until the conclusion of the matter.”

 

Zhen must appear again in court on July tenth.

OJ Elrington’s Case Adjourned to End of May  

Attorney Orson ‘OJ’ Elrington returned to court on Wednesday for a matter in which he is accused of sexual assault, stemming from an incident that occurred back in January.  When the matter was called up at nine a.m., Elrington was absent, despite the fact that his attorneys, Senior Counsel Hubert Elrington and Norman Rodriguez were present.  When he arrived half an hour later, Elrington apologized to the court.  DPP Cheryl Lynn Vidal appeared on behalf of the crown and informed the court that she was seeking an adjournment for May thirtieth.  Following the adjournment, attorney Rodriguez spoke with the court reporter.

 

                        Norman Rodriguez

Norman Rodriguez, Attorney-at-law

“Well today was set for the service of disclosure.  The prosecution is not ready with that so Madam DPP requested a short adjournment to the thirtieth of May when the disclosure will be served on us and our client.  That’s basically what happened today in court.  There was no indication but Madam is chief when it comes to prosecution, so she can appear at any time and that is part of the process that we must abide by.  …It’s eight weeks or two months, pursuant to the criminal procedures rules.”

Inspector Walton Banner Goes Before Lower Court

Thirty-six-year-old Walton Banner, a police inspector, appeared before the court today in the presence of attorney Ronell Gonzalez, to answer to a charge of obstruction.  It is the second time he is appearing before the lower court on a similar offense.  On April first, it was alleged that Banner intervened when Corporal Shane Cabral attempted to arrest Julian Reynolds at the Castleton Race Track in Burrell Boom Village.  When he subsequently appeared before a Senior Magistrate, Banner pleaded not guilty and was offered bail in the sum of one thousand dollars, plus one surety of the same amount.  Earlier today, he sought an adjournment which the magistrate granted.  He is due back in court on June seventh.

Trio Arraigned for Illegally Logging in Monkey Bay

A trio of loggers, including a Guatemalan national, was arraigned earlier today for illegally felling trees within the Monkey Bay National Park back in January.  The men were charged jointly for four offenses, including unlawful cutting of forest produce, unlawful possession of forest produce, unlawful conversion of Mahogany using a chainsaw and unlawful collection of forest produce.  Forty-two-year-old Tyrell Banner, a truck driver of Camalote Village, his son, nineteen-year-old Kaylon Gabourel, and Guatemalan national David Morales Sandoval, a resident of Salvapan, appeared before a senior magistrate this morning where they were read the four charges.  They pleaded not guilty to the offense and were offered bail in the sum of eight thousand dollars, or two sureties of four thousand dollars.  During the arraignment, the senior magistrate inquired about the length of time that it took for the men to be brought up on charges.  According to a representative of the Forestry Department, they had to seek legal advice on how to proceed with the charges.  The matter was adjourned to July tenth, 2024.

Fisherman Arrested for Attempted Murder

Tonight, a Los Lagos fisherman, is on remand at the Belize Central Prison after he was arraigned for abetment to murder and attempted murder charges. He is thirty-three-year-old Ludrick Andrew Usher, who was brought in for the attempted murder of twenty-year-old Jahshiel Cervantes. On Saturday, around ten fifteen p.m., Cervantes had been socializing in Majestic Alley with a group of men when he was approached by an SUV and fired at. Using surveillance footage from the area, police were able to locate the vehicle and suspect. Usher, who was unrepresented, appeared before a Senior Magistrate in Court at around two thirty p.m. today where he was read two indictable offenses. Allegations being made against Usher are that on Saturday he purposely aided an unidentified individual in the commission of murder. Due to the nature of the offenses, no plea taken from Usher and Usher was remanded to the Belize Central Prison until August seventh, 2024, where he is pending bail.

 

 

Did Jasmine Hartin Complete Court Ordered Community Service?

The family of slain police officer, Superintendent Henry Jemmott has written to Chief Justice Louise Blenman inquiring about the three hundred hours of community service that Jasmine Hartin was ordered to serve.  On May thirty-first, 2023, Hartin was convicted of manslaughter by negligence, but was not sentenced to prison.  Instead, she was fined seventy-five thousand dollars, ordered to complete three hundred hours of community service, and take part in producing a public service announcement.  While Hartin met the fine and subsequently left the country, Jemmott’s sibling is asking the head of the Senior Courts what happened to the service hours and the PSA.  In the letter to Chief Justice Blenman, Marie Jemmott writes, “The Jemmott family is deeply, deeply hurt and disturbed that the criminal justice system could so fail and dishonor the memory of one of its own law enforcement officers by allowing Ms. Hartin to simply ignore that part of her sentence.  Is this all our brother’s life is worth?”.

Selgado Asks Court to Intervene on Prison’s Dosage of Insulin

Attorney Oscar Selgado returned to the High Court today, where his new attorneys, Arthur Saldivar and Darrell Bradley, were given time to review their client’s reports prior to mitigation. Bradley appeared virtually, while Saldivar had another court matter to attend to and was absent from the proceedings. There are three reports that have been furnished to them for perusal: a prison report, a social inquiry report and a psychological report that have all been prepared by people who have had a chance to analyze the defendant over the past few weeks. Selgado, convicted of abetment to murder upon Marilyn Barnes in 2019, was ordered to return to the court on May thirteenth, when his attorneys will present a mitigation plea on his behalf, asking for the court’s leniency in sentencing him. But Selgado, who has already filed for an appeal of his conviction laid down by Justice Nigel Pilgrim, had other concerns as he appeared in court today. He asked the court’s indulgence to investigate the dosage of insulin that the prison system has been administering to him. He said that he had erroneously informed the prison of the amount of insulin he should be receiving, but that he had corrected the error. Now he says the prison is still administering double the dosage that he should be receiving, and it is now resulting in a dangerously low glucose level for him. He also said that he asked his family to provide a physician for him this morning.  The doctor revealed that upon administering a test, Selgado’s glucose level was far lower than it ought to have been. Justice Pilgrim said he would do what he can to have the matter addressed. But when we checked with the C.E.O. of Kolbe Foundation, Virgilio Murillo following Selgado’s complaint, Murillo responded saying “Doctor Novelo told me he just got that clarification from him on Friday last … his glucose is tested regularly and the doctor has not raised any concerns about him whatsoever,”. Selgado asked permission to meet with his family before he was escorted back to the Belize Central Prison, and he was granted that opportunity. After speaking with him, his attorney, Arthur Saldivar, told reporters about the process ahead for Selgado.

 

Marion Ali

“The judge asked the other attorney for Mr. Selgado about three reports that I think you must review in order to prepare for mitigation: a prison report, a psychological report, and I think a social assessment report. Can, you speak to those? Have you been able to review those reports?”

 

                          Arthur Saldivar

Arthur Saldivar, Attorney for Oscar Selgado

“No, I have not. Those are standard reports whenever a person who has been accused is convicted of an offense. Those reports are normally antecedents to the sentencing process. In so far as they exist, I believe they have been forwarded to the attorney with conduct of the mitigation. A Notice of Appeal has been filed. This has nothing to do with that. This is the natural termination of the trial process. So he was convicted. Now he has to be sentenced for this trial to be fully concluded. And once the trial is fully concluded, then and only then would he be able to go to the court of appeal. But he has made his application already for this matter to be appealed.”

 

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