Tuesday, April 24, 2018
Por Amar Sin Ley, 4/22/18 Chapter 35: Deceptive Appearances Now Perceived By The Truly Bereaved
• While Rob is busy winning Alberto’s freedom for an accidental shooting, Elena and Leticia have a chat about Ricardo. Ric the Brick is still staunchly rejecting Exlena to her dismay. She is checking up on him ahead of time to see if he and Alejandra are still “keeping company.” Leti says not that she can determine. Both are pretty much keeping to themselves. In fact she’s getting on well it would seem with Carlos as just recently in a firm meeting she stated he wants her to set up a Women’s Shelter and supportive foundation.
Hope springs eternal for Exlena who is thrilled to hear it, as it means that she’s got a chance at getting him to concede and return to her. He’s too good a man and father for her and her kids, aka topnotch husband material, to let go of. She believes that Ric The Brick is capable of doing anything for her children, even forgiving her and giving her a second chance….eventually. Leti, though, wonders why, with all the available proverbial finned finned and gilled vertebrates in the sea, why be obsessed with Ric? Family picture or something more? “--You only see him as father material.” Well, if Leti had kids she’d understand, ok? In fact, Exlena figures not only to get him to love her like before, but even more than what he felt before! Hmmmmm.
•
• The finding of the court is to free Alberto, aka, Soccer Buddy, since the judge decrees the death as involuntary manslaughter. Alberto tells Rob he’ll never be able to repay all he’s done for him. SB turns to Widow Fanny and tells her he’d like to give her a part of the business. She doesn’t have the head or the heart to discuss this now. Anyway, she believes he murdered her hubby and only God might forgive him because she never will. He should be spending the rest of his life behind bars, y punto! The doctor buddy and Berenice turn their backs on him and march out behind Fanny in a sign of Widow Of Gun Violence Solidarity.
•
• Exlena stops in with a flier to remind Ric about Natalia’s ? X ? event on Friday and she’s hoping they can go as a family. Besides Nati will feel more secure with him there. He’s not forgotten, natch and will accede. Exlena says she also wants to apologize for what she told him the other night and knows it was out of place. Please forget it. Sure, he says. All forgotten. He’s embarrassed she even had to bring it up again. He’s busy so she finally takes the hint.
•
• Benjamin comes in for a serious chat with Leti. He wants to know why she’s been avoiding him. She’s been avoiding him. She tells him she’s free to do whatever she wants with her life and he is a persona non grata…..Besides, she’s been going out. He goes BSC and can hardly control himself with this. Who is she seeing? Who’s she dating now? “--As long as I’m not the only woman in your life, you don’t have the right to complain to me about a thing.”
•
• Ric pays a visit to Joel who is now deep in the dumpers. He’s going to be forced to move soon but refuses to go. This is his house and the center/core of his being. It’s full of history and he’s spent his whole adult life there. He will not leave, even though Ric has offered him and Marcia the option of moving in with him. When the conversation changes to Ale, Ric admits he’s hurting big time; he wants to give her the space she needs; he is certain since she and Carlos were about to be married that she will go back to Carlos in the end and he does want her to be happy even if it kills him emotionally. (FOOL!)
•
• Carlos, meanwhile, informs Alan that he’s giving him a new case to handle. It’s a friend of the Chief Con and Bottle Basher. It’s an injury/bodily harm case. Some definitely serious injuries [lesion]. It won’t be enough to settle. Alan’s got to get the guy off Scott free. He’ll be handling these on a regular basis by the way. (Ok. Now, if Alan is such a crap lawyer, then why would he put him on these kinds of cases--hoping that it’s a death sentence for Alan if he loses?)
•
• Paula and Ale discuss her choice of clothes—she should down dress, I guess, for success in the lower class, unsophisticated parts of the country. Ale admits she’s having a difficult time concentrating on work—never been that way before. Hmmm.
•
• Soccer Buddy and Berenice return to the manse which he tells her he’s now going to sell. She is angry that he’s not more broken up over the tragic loss of his friend. He wonders why she’s not instead more grateful that he’s been given back his freedom (and this corner of Viewerville is as well. Something is fishy in D.F.) All Berenice can do is complain. Alberto seems to sense something isn’t right with his wife’s response and recriminations. “--What’s going on, Berenice?” (Yeah, Viewerville and other inquiring minds want to know.)
•
• Benji takes on a new case from a CPA or stock broker….not sure. Anyway, she tried to hide forty something million pesos for a dude and he got audited and they found it out; now he’s being prosecuted. Benji will take the case but tells her he’s going to charge her less by doing this outside the firm. She says fine with that.
We suddenly wonder why he and Carlos have gotten together professionally yet.
•
• Berenice is totally incomprehensible. It is supposed that she’s still complaining to Alberto that he’s an unfeeling slob who in the end really did murder his best friend and business partner. This is unforgivable and she’s leaving him. He’s as shocked as Viewerville 'twould seem.
•
• Juanito goes back to the strip club and finds out that Tatiana’s taken off a few days. The waiter doesn’t know why or when she’ll be coming back. He refuses to let Juan know when she returns to the club. Juan returns to Leo empty handed. He’s told he must find out where she is hiding out, for they both agree that if she’s suddenly gone after being told why Juan has been looking for her then somebody is probably hiding something.
•
• Berenice goes over to Fanny’s home and says she’s as upset at her hubby’s death as Fanny. (Perhaps there’s a deeper, hidden reason here methinks.) She wants to stay and show her support. It’s a cry fest and I am already bored with it because, if nothing else, Bernie is totally incomprehensible as an actress—and a very bad one, at that.
•
• Later that evening, Bernie must have gone back home. Fanny is alone and decides to open up Ramon’s computer. It just happens to be on stopped on a seductive video mail message from Bernie. Well, waddayaknow! Horror of horrors! Hubby and Bernie were having an affair! Also she begins searching for more insightful leave-behinds and stumbles upon a letter stating that Alberto had been legally removed as co-partner and Hubby was now sole owner of the business. (Bernie seems to have been involved in that as well I believe.)
•
• Meanwhile, Carlos stops by Ale’s home to wish her luck. He mentions he rented the apartment they’d chosen before the wedding (something about it hadn’t been sold?). She is cold and a bit distant but still refuses to kick his pushy ass to the curb and once and for all tell him it is O.V.E.R. They discuss her latest case. (FF>>FF>> This is one star struck couple I am soooo done with!)
• Ric returns home and has another sniff of Ale’s wedding garter.
• At the same time, Ale’s wondering why he’s been so cold and stares forlornly out the window while remembering their first kiss.
•
• Next day, Fanny has gone to the law firm to seek out Rob. She tells him that she’s found photos and emails that prove Ramon was planning to steal Alberto’s business away from him; not only that but Ramon and Berenice were longtime lovers!
•
• Across the hall, Victoria lectures Olivia on once and for all forgetting about Leonardo. He doesn’t and never will see her as anything but a friend and professional cohort. Oli says she’s now more in love with him than ever.
•
• Fannty asks Rob to dissolve the partnership ASAP. Berenice was Ramon’s lover and
Alberto killed him. Please look into this further? He does.
• In Queretaro, Ale reminds Sr. Perez he still could have his wife sent to prison for kidnapping his son. He again refuses to go that far.
•
• Rob gets the ME’s report that says Ramon was shot right in the heart. Oh, and there’s a document proving that Alberto did take a training course for guns. (Still, the gun was flat in his hand and it looked like an unlucky shot to go straight to the heart like that.)
•
• Later that morning, Fanny comes to see Bernie. Once she’s inside the house she slaps Bernie, grabs her arm and throws her around. “--Your damned whore! How dare you get involved with my husband???!!!”
Hope springs eternal for Exlena who is thrilled to hear it, as it means that she’s got a chance at getting him to concede and return to her. He’s too good a man and father for her and her kids, aka topnotch husband material, to let go of. She believes that Ric The Brick is capable of doing anything for her children, even forgiving her and giving her a second chance….eventually. Leti, though, wonders why, with all the available proverbial finned finned and gilled vertebrates in the sea, why be obsessed with Ric? Family picture or something more? “--You only see him as father material.” Well, if Leti had kids she’d understand, ok? In fact, Exlena figures not only to get him to love her like before, but even more than what he felt before! Hmmmmm.
•
• The finding of the court is to free Alberto, aka, Soccer Buddy, since the judge decrees the death as involuntary manslaughter. Alberto tells Rob he’ll never be able to repay all he’s done for him. SB turns to Widow Fanny and tells her he’d like to give her a part of the business. She doesn’t have the head or the heart to discuss this now. Anyway, she believes he murdered her hubby and only God might forgive him because she never will. He should be spending the rest of his life behind bars, y punto! The doctor buddy and Berenice turn their backs on him and march out behind Fanny in a sign of Widow Of Gun Violence Solidarity.
•
• Exlena stops in with a flier to remind Ric about Natalia’s ? X ? event on Friday and she’s hoping they can go as a family. Besides Nati will feel more secure with him there. He’s not forgotten, natch and will accede. Exlena says she also wants to apologize for what she told him the other night and knows it was out of place. Please forget it. Sure, he says. All forgotten. He’s embarrassed she even had to bring it up again. He’s busy so she finally takes the hint.
•
• Benjamin comes in for a serious chat with Leti. He wants to know why she’s been avoiding him. She’s been avoiding him. She tells him she’s free to do whatever she wants with her life and he is a persona non grata…..Besides, she’s been going out. He goes BSC and can hardly control himself with this. Who is she seeing? Who’s she dating now? “--As long as I’m not the only woman in your life, you don’t have the right to complain to me about a thing.”
•
• Ric pays a visit to Joel who is now deep in the dumpers. He’s going to be forced to move soon but refuses to go. This is his house and the center/core of his being. It’s full of history and he’s spent his whole adult life there. He will not leave, even though Ric has offered him and Marcia the option of moving in with him. When the conversation changes to Ale, Ric admits he’s hurting big time; he wants to give her the space she needs; he is certain since she and Carlos were about to be married that she will go back to Carlos in the end and he does want her to be happy even if it kills him emotionally. (FOOL!)
•
• Carlos, meanwhile, informs Alan that he’s giving him a new case to handle. It’s a friend of the Chief Con and Bottle Basher. It’s an injury/bodily harm case. Some definitely serious injuries [lesion]. It won’t be enough to settle. Alan’s got to get the guy off Scott free. He’ll be handling these on a regular basis by the way. (Ok. Now, if Alan is such a crap lawyer, then why would he put him on these kinds of cases--hoping that it’s a death sentence for Alan if he loses?)
•
• Paula and Ale discuss her choice of clothes—she should down dress, I guess, for success in the lower class, unsophisticated parts of the country. Ale admits she’s having a difficult time concentrating on work—never been that way before. Hmmm.
•
• Soccer Buddy and Berenice return to the manse which he tells her he’s now going to sell. She is angry that he’s not more broken up over the tragic loss of his friend. He wonders why she’s not instead more grateful that he’s been given back his freedom (and this corner of Viewerville is as well. Something is fishy in D.F.) All Berenice can do is complain. Alberto seems to sense something isn’t right with his wife’s response and recriminations. “--What’s going on, Berenice?” (Yeah, Viewerville and other inquiring minds want to know.)
•
• Benji takes on a new case from a CPA or stock broker….not sure. Anyway, she tried to hide forty something million pesos for a dude and he got audited and they found it out; now he’s being prosecuted. Benji will take the case but tells her he’s going to charge her less by doing this outside the firm. She says fine with that.
We suddenly wonder why he and Carlos have gotten together professionally yet.
•
• Berenice is totally incomprehensible. It is supposed that she’s still complaining to Alberto that he’s an unfeeling slob who in the end really did murder his best friend and business partner. This is unforgivable and she’s leaving him. He’s as shocked as Viewerville 'twould seem.
•
• Juanito goes back to the strip club and finds out that Tatiana’s taken off a few days. The waiter doesn’t know why or when she’ll be coming back. He refuses to let Juan know when she returns to the club. Juan returns to Leo empty handed. He’s told he must find out where she is hiding out, for they both agree that if she’s suddenly gone after being told why Juan has been looking for her then somebody is probably hiding something.
•
• Berenice goes over to Fanny’s home and says she’s as upset at her hubby’s death as Fanny. (Perhaps there’s a deeper, hidden reason here methinks.) She wants to stay and show her support. It’s a cry fest and I am already bored with it because, if nothing else, Bernie is totally incomprehensible as an actress—and a very bad one, at that.
•
• Later that evening, Bernie must have gone back home. Fanny is alone and decides to open up Ramon’s computer. It just happens to be on stopped on a seductive video mail message from Bernie. Well, waddayaknow! Horror of horrors! Hubby and Bernie were having an affair! Also she begins searching for more insightful leave-behinds and stumbles upon a letter stating that Alberto had been legally removed as co-partner and Hubby was now sole owner of the business. (Bernie seems to have been involved in that as well I believe.)
•
• Meanwhile, Carlos stops by Ale’s home to wish her luck. He mentions he rented the apartment they’d chosen before the wedding (something about it hadn’t been sold?). She is cold and a bit distant but still refuses to kick his pushy ass to the curb and once and for all tell him it is O.V.E.R. They discuss her latest case. (FF>>FF>> This is one star struck couple I am soooo done with!)
• Ric returns home and has another sniff of Ale’s wedding garter.
• At the same time, Ale’s wondering why he’s been so cold and stares forlornly out the window while remembering their first kiss.
•
• Next day, Fanny has gone to the law firm to seek out Rob. She tells him that she’s found photos and emails that prove Ramon was planning to steal Alberto’s business away from him; not only that but Ramon and Berenice were longtime lovers!
•
• Across the hall, Victoria lectures Olivia on once and for all forgetting about Leonardo. He doesn’t and never will see her as anything but a friend and professional cohort. Oli says she’s now more in love with him than ever.
•
• Fannty asks Rob to dissolve the partnership ASAP. Berenice was Ramon’s lover and
Alberto killed him. Please look into this further? He does.
• In Queretaro, Ale reminds Sr. Perez he still could have his wife sent to prison for kidnapping his son. He again refuses to go that far.
•
• Rob gets the ME’s report that says Ramon was shot right in the heart. Oh, and there’s a document proving that Alberto did take a training course for guns. (Still, the gun was flat in his hand and it looked like an unlucky shot to go straight to the heart like that.)
•
• Later that morning, Fanny comes to see Bernie. Once she’s inside the house she slaps Bernie, grabs her arm and throws her around. “--Your damned whore! How dare you get involved with my husband???!!!”
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Gracias, Jardinera. This was great.
We all smelled the five-day old fish on this one. Alberto is a stone-cold killer. Roberto will lose it over this.
BTW, there was a case on L.A. Law back in the day when Anne discovered that her client committed the murder. Does Mexico have a rule against double jeopardy?
I am furious with Alejandra for not telling Carlos off completely over the apartment he's still looking to buy for them. If she can get tough at work she should be able to straighten her spine with him. In fact, if she doesn't she could end up running to that shelter herself.
We all smelled the five-day old fish on this one. Alberto is a stone-cold killer. Roberto will lose it over this.
BTW, there was a case on L.A. Law back in the day when Anne discovered that her client committed the murder. Does Mexico have a rule against double jeopardy?
I am furious with Alejandra for not telling Carlos off completely over the apartment he's still looking to buy for them. If she can get tough at work she should be able to straighten her spine with him. In fact, if she doesn't she could end up running to that shelter herself.
Thank you Jardinera for a concise yet humorous recap. I actually stayed awake during the entire episode.
I agree with Urban that Ale is being spineless with Carlos. And he is over the top sticky sweet and makes me want to hurl. Didn't be flat out tell Al that they would do whatever it takes, even lie and cheat, to get this newish client cleared of charges? Has he always been a shady lawyer?
As for Oli, she is just as pathetic. Talk about FF>>FF>>
It is beginning to look to me like Leti, of all people, is the only one with any common sense.
Oh and I almost forgot ... Sr. Perez is HOT!
I agree with Urban that Ale is being spineless with Carlos. And he is over the top sticky sweet and makes me want to hurl. Didn't be flat out tell Al that they would do whatever it takes, even lie and cheat, to get this newish client cleared of charges? Has he always been a shady lawyer?
As for Oli, she is just as pathetic. Talk about FF>>FF>>
It is beginning to look to me like Leti, of all people, is the only one with any common sense.
Oh and I almost forgot ... Sr. Perez is HOT!
The minute Berenice used the word “convivir,” I immediately thought that she gave herself away as Ramon’s lover. The way she was speaking sounded off.
Fanny’s hands were weird to look at. So sad she ended up seeing who her husband really was, in such an ugly way.
That prosecutor really didn’t do anything to prepare for his case. Everything that’s come out now should have been researched earlier. Even Juan seemed skeptical of the accident, just by reading bits and pieces from the file. Shouldn’t all lawyers be attentive to details? I’ve met a few that said they suck at it. What?
They really need to stop wasting screen time on Olivia. She is the most annoying, unflattering character ever. The other role the actress has played was similar to this one too. She plays the desperate, smitten woman so well. Can they just take her out completely? You can tell she just drains Victoria.
Is Alejandra really going to be like this throughout the whole series?
Anon1146
Fanny’s hands were weird to look at. So sad she ended up seeing who her husband really was, in such an ugly way.
That prosecutor really didn’t do anything to prepare for his case. Everything that’s come out now should have been researched earlier. Even Juan seemed skeptical of the accident, just by reading bits and pieces from the file. Shouldn’t all lawyers be attentive to details? I’ve met a few that said they suck at it. What?
They really need to stop wasting screen time on Olivia. She is the most annoying, unflattering character ever. The other role the actress has played was similar to this one too. She plays the desperate, smitten woman so well. Can they just take her out completely? You can tell she just drains Victoria.
Is Alejandra really going to be like this throughout the whole series?
Anon1146
Permalink posted by 
: Tuesday, April 24, 2018 at 10:25:00 AM EDT
: Tuesday, April 24, 2018 at 10:25:00 AM EDT
I haven't stopped to read the most excellent recap yet in order to say, Yikes! What a Twist. Not the one we were expecting! Ok, on to the recap and all the comments.
Jardinera, thank you very much for another fantastic recap. My corner of Viewerville totally agrees with yours about
I had a very strong feeling that the shooting was not accidental (way too many things were wrong with that party, including the fact that Roberto the criminal defense attorney happened to be invited to it after not seeing the host since high school and the total absence of the promised soccer team) and was losing my mind over how absurdly incompetent the prosecutor was. In real life, of course, the prosecutor would have charged Alberto only after having the necessary evidence upon which to base the charges and this evidence would have included Roberto's witness testimony.
I find it very sad that the prosecution is consistently portrayed as utterly incompetent in every single case, since generally prosecutors are actually very honest and competent attorneys, that work very hard in a very stressful working environment and deserve to be portrayed better than they are in this telenovela.
Irene
I had a very strong feeling that the shooting was not accidental (way too many things were wrong with that party, including the fact that Roberto the criminal defense attorney happened to be invited to it after not seeing the host since high school and the total absence of the promised soccer team) and was losing my mind over how absurdly incompetent the prosecutor was. In real life, of course, the prosecutor would have charged Alberto only after having the necessary evidence upon which to base the charges and this evidence would have included Roberto's witness testimony.
I find it very sad that the prosecution is consistently portrayed as utterly incompetent in every single case, since generally prosecutors are actually very honest and competent attorneys, that work very hard in a very stressful working environment and deserve to be portrayed better than they are in this telenovela.
Irene
Permalink posted by : Tuesday, April 24, 2018 at 10:50:00 AM EDT
: Tuesday, April 24, 2018 at 10:50:00 AM EDT
Not to mention that doesn't it take a while to get a trial date? Even in the US trials don't happen within weeks of charges being brought.
Jardinera--What a romp through the mucky swamp of this near-legal story. Most entertaining. I'm also tired of Wishy-Washy Ale. It just isn't propelling the story forward and robbing us of any likeability. Neither is the Exlena (good one Jar) line trying to recatch Ric in her snare (I was going to say net, but that was too kind).
Irene--I hope you can loosen up a bit and enjoy this as the comedy PASL is turning out to be. The two Mujeres de Negro are a pitiful example. No need to gnash teeth or lose sleep. OTOH, I can't wait to see what Rob can do for Fanny (or to Fanny).
I'm also getting interested in how Letty is going to "manage" Benji. Does she really want him or just wants to put one over on him. She doesn't NEED him, she's already probably taken a few lessons from Rob and is quite ready to boogie. After all, she has asked Exlena to join her on her evening excursions and was with her when Exlena was introduced to her one-night stand.
Weeks, Urban? It was more like days, or even hours. That surprised me, if it were not that this is a telenovela and some things have to be propelled forward quickly.
Rob should have also had knowledge of Al's prowess with a gun and that should have raised suspicion when on the stand, under oath, said he didn't know how to use a gun. Good for Juanito to catch that.
Irene--I hope you can loosen up a bit and enjoy this as the comedy PASL is turning out to be. The two Mujeres de Negro are a pitiful example. No need to gnash teeth or lose sleep. OTOH, I can't wait to see what Rob can do for Fanny (or to Fanny).
I'm also getting interested in how Letty is going to "manage" Benji. Does she really want him or just wants to put one over on him. She doesn't NEED him, she's already probably taken a few lessons from Rob and is quite ready to boogie. After all, she has asked Exlena to join her on her evening excursions and was with her when Exlena was introduced to her one-night stand.
Weeks, Urban? It was more like days, or even hours. That surprised me, if it were not that this is a telenovela and some things have to be propelled forward quickly.
Rob should have also had knowledge of Al's prowess with a gun and that should have raised suspicion when on the stand, under oath, said he didn't know how to use a gun. Good for Juanito to catch that.
Anita, I am trying not to take it too seriously, but sometimes (o.k, almost always) i can't help but rant about the absurdity of it all.
Now, about what Roberto can do for Fanny, the answer is almost nothing as far as criminal case is concerned. It is the prosecution's role to ask for a retrial and the only thing Roberto can do is tip the prosecutor anonymously about the evidence that was uncovered and pray that no one will ever discover that the tip came from him. As Alberto's lawyer, he owns him a duty of loyalty, which includes not acting against his interests. Moreover, there is a lawyer-client confidentiality issue which will surely come up (even though it was Fanny that actually uncovered the incriminating information) if it is discovered that Roberto tipped the prosecution.
And then, there is the most important question of whether Alberto can be tried again after being acquitted.
Both United States and Mexico have a procedural defense that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
In United States this defense is called double jeopardy and it is a constitutional protection, stemming from the Fifth amendment to the Constitution, which states the following:"...nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb..".
Double jeopardy is a very vast and complicated topic that often confounds even us lawyers, so I am not going to go into the details, but in very broad lines the law regarding retrial after acquittal is the following:
The valid acquittal is absolute, save for cases of bribery of the judge or retrial of members of the military by a court martial after being acquitted in a civilian court.
Mistrials of course do not count as acquittals and there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial at the behest of the prosecutor (and obviously they is no bar to retrial if the mistrial was granted at the behest of the defendant.
In Mexico, this principle is called "non bis in idem" and is found both in Constitution and in Codigo Penal Federal.
Article 23 of the Constitution states the following:
"Ningún juicio criminal deberá tener más de tres instancias. Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene".
It means that no criminal trial shall have more than three instances. No one can be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
Article 118 of the Codigo Penal Federal states the following:"Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene. .." -No one shall be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
From restrictive reading of the texts, it seems that it is impossible to retry after an acquittal. However, if one looks at article 23 of the Constitution, it says that no trial shall have more than three instances immediately before stating that no one shall be tried twice. Thus, some scholars find a link between these two paragraphs and conclude that a retrial is possible as long as there is still a possibility to appeal, though searching online I couldn't find a definitive answer as to whether a retrial is possible in such circumstances.
Thus, my conclusion is that in case of a definitive sentence (one that cannot be appealed anymore), the principle of non bis in idem definitely prevents a possibility of a retrial and in case of a sentence that can still be appealed, according to some scholars a retrial is possible (but I have no information as to whether the courts agree with the scholars on this interpretation)
But whatever the law is, it is not up to Roberto to do anything about the situation. It is up to the prosecutor who might be able to request a retrial if the sentence is not definitive yet.
Irene
Now, about what Roberto can do for Fanny, the answer is almost nothing as far as criminal case is concerned. It is the prosecution's role to ask for a retrial and the only thing Roberto can do is tip the prosecutor anonymously about the evidence that was uncovered and pray that no one will ever discover that the tip came from him. As Alberto's lawyer, he owns him a duty of loyalty, which includes not acting against his interests. Moreover, there is a lawyer-client confidentiality issue which will surely come up (even though it was Fanny that actually uncovered the incriminating information) if it is discovered that Roberto tipped the prosecution.
And then, there is the most important question of whether Alberto can be tried again after being acquitted.
Both United States and Mexico have a procedural defense that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
In United States this defense is called double jeopardy and it is a constitutional protection, stemming from the Fifth amendment to the Constitution, which states the following:"...nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb..".
Double jeopardy is a very vast and complicated topic that often confounds even us lawyers, so I am not going to go into the details, but in very broad lines the law regarding retrial after acquittal is the following:
The valid acquittal is absolute, save for cases of bribery of the judge or retrial of members of the military by a court martial after being acquitted in a civilian court.
Mistrials of course do not count as acquittals and there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial at the behest of the prosecutor (and obviously they is no bar to retrial if the mistrial was granted at the behest of the defendant.
In Mexico, this principle is called "non bis in idem" and is found both in Constitution and in Codigo Penal Federal.
Article 23 of the Constitution states the following:
"Ningún juicio criminal deberá tener más de tres instancias. Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene".
It means that no criminal trial shall have more than three instances. No one can be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
Article 118 of the Codigo Penal Federal states the following:"Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene. .." -No one shall be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
From restrictive reading of the texts, it seems that it is impossible to retry after an acquittal. However, if one looks at article 23 of the Constitution, it says that no trial shall have more than three instances immediately before stating that no one shall be tried twice. Thus, some scholars find a link between these two paragraphs and conclude that a retrial is possible as long as there is still a possibility to appeal, though searching online I couldn't find a definitive answer as to whether a retrial is possible in such circumstances.
Thus, my conclusion is that in case of a definitive sentence (one that cannot be appealed anymore), the principle of non bis in idem definitely prevents a possibility of a retrial and in case of a sentence that can still be appealed, according to some scholars a retrial is possible (but I have no information as to whether the courts agree with the scholars on this interpretation)
But whatever the law is, it is not up to Roberto to do anything about the situation. It is up to the prosecutor who might be able to request a retrial if the sentence is not definitive yet.
Irene
Permalink posted by : Tuesday, April 24, 2018 at 12:12:00 PM EDT
: Tuesday, April 24, 2018 at 12:12:00 PM EDT
Irene--I'm sure that was what Al was counting on--getting away with it and then not being retried if found out. But first he had to get the best of the best to defend him and hope the D.A. was unprepared, in this turn about of who-charges-whom theatrical.
Anita, with his luck of getting the most incompetent prosecutor in D.F, Alberto should go and buy a lottery ticket now. I just hope that they get a better prosecutor to handle the retrial (if they go there). I am still waiting for Fernando Colunga to show up. He already played a lawyer on STUD, I am sure he would be great as a brilliant and charming prosecutor.
In any case, they really need to give us more galans. So far, I only find Roberto and (sometimes) Leonardo appealing. Brick is too obtuse, sugary sweet and bland, and his defeatist attitude is extremely annoying and Juan is a way too naïve mama's boy.
Irene
In any case, they really need to give us more galans. So far, I only find Roberto and (sometimes) Leonardo appealing. Brick is too obtuse, sugary sweet and bland, and his defeatist attitude is extremely annoying and Juan is a way too naïve mama's boy.
Irene
Permalink posted by : Tuesday, April 24, 2018 at 12:53:00 PM EDT
: Tuesday, April 24, 2018 at 12:53:00 PM EDT
FC would be a (sigh) welcome addition, but regrettably he seems to have disappeared from the small screen. I wouldn't mind seeing Alonso take a case now and then. He seems quite able and not bad to look at.
Irene said:
"Now, about what Roberto can do for Fanny, the answer is almost nothing as far as criminal case is concerned. It is the prosecution's role to ask for a retrial and the only thing Roberto can do is tip the prosecutor anonymously about the evidence that was uncovered and pray that no one will ever discover that the tip came from him. As Alberto's lawyer, he owns him a duty of loyalty, which includes not acting against his interests. Moreover, there is a lawyer-client confidentiality issue which will surely come up (even though it was Fanny that actually uncovered the incriminating information) if it is discovered that Roberto tipped the prosecution.
And then, there is the most important question of whether Alberto can be tried again after being acquitted.
Both United States and Mexico have a procedural defense that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
In United States this defense is called double jeopardy and it is a constitutional protection, stemming from the Fifth amendment to the Constitution, which states the following:"...nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb..".
Double jeopardy is a very vast and complicated topic that often confounds even us lawyers, so I am not going to go into the details, but in very broad lines the law regarding retrial after acquittal is the following:
The valid acquittal is absolute, save for cases of bribery of the judge or retrial of members of the military by a court martial after being acquitted in a civilian court.
Mistrials of course do not count as acquittals and there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial at the behest of the prosecutor (and obviously they is no bar to retrial if the mistrial was granted at the behest of the defendant.
In Mexico, this principle is called "non bis in idem" and is found both in Constitution and in Codigo Penal Federal.
Article 23 of the Constitution states the following:
"Ningún juicio criminal deberá tener más de tres instancias. Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene".
It means that no criminal trial shall have more than three instances. No one can be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
Article 118 of the Codigo Penal Federal states the following:"Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene. .." -No one shall be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
From restrictive reading of the texts, it seems that it is impossible to retry after an acquittal. However, if one looks at article 23 of the Constitution, it says that no trial shall have more than three instances immediately before stating that no one shall be tried twice. Thus, some scholars find a link between these two paragraphs and conclude that a retrial is possible as long as there is still a possibility to appeal, though searching online I couldn't find a definitive answer as to whether a retrial is possible in such circumstances.
Thus, my conclusion is that in case of a definitive sentence (one that cannot be appealed anymore), the principle of non bis in idem definitely prevents a possibility of a retrial and in case of a sentence that can still be appealed, according to some scholars a retrial is possible (but I have no information as to whether the courts agree with the scholars on this interpretation)
But whatever the law is, it is not up to Roberto to do anything about the situation. It is up to the prosecutor who might be able to request a retrial if the sentence is not definitive yet."
Yeah, did you notice Ric wears the same belt with every suit?
"Now, about what Roberto can do for Fanny, the answer is almost nothing as far as criminal case is concerned. It is the prosecution's role to ask for a retrial and the only thing Roberto can do is tip the prosecutor anonymously about the evidence that was uncovered and pray that no one will ever discover that the tip came from him. As Alberto's lawyer, he owns him a duty of loyalty, which includes not acting against his interests. Moreover, there is a lawyer-client confidentiality issue which will surely come up (even though it was Fanny that actually uncovered the incriminating information) if it is discovered that Roberto tipped the prosecution.
And then, there is the most important question of whether Alberto can be tried again after being acquitted.
Both United States and Mexico have a procedural defense that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
In United States this defense is called double jeopardy and it is a constitutional protection, stemming from the Fifth amendment to the Constitution, which states the following:"...nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb..".
Double jeopardy is a very vast and complicated topic that often confounds even us lawyers, so I am not going to go into the details, but in very broad lines the law regarding retrial after acquittal is the following:
The valid acquittal is absolute, save for cases of bribery of the judge or retrial of members of the military by a court martial after being acquitted in a civilian court.
Mistrials of course do not count as acquittals and there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial at the behest of the prosecutor (and obviously they is no bar to retrial if the mistrial was granted at the behest of the defendant.
In Mexico, this principle is called "non bis in idem" and is found both in Constitution and in Codigo Penal Federal.
Article 23 of the Constitution states the following:
"Ningún juicio criminal deberá tener más de tres instancias. Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene".
It means that no criminal trial shall have more than three instances. No one can be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
Article 118 of the Codigo Penal Federal states the following:"Nadie puede ser juzgado dos veces por el mismo delito, ya sea que en el juicio se le absuelva o se le condene. .." -No one shall be tried twice for the same offense, whether he was acquitted or convicted in the previous trial.
From restrictive reading of the texts, it seems that it is impossible to retry after an acquittal. However, if one looks at article 23 of the Constitution, it says that no trial shall have more than three instances immediately before stating that no one shall be tried twice. Thus, some scholars find a link between these two paragraphs and conclude that a retrial is possible as long as there is still a possibility to appeal, though searching online I couldn't find a definitive answer as to whether a retrial is possible in such circumstances.
Thus, my conclusion is that in case of a definitive sentence (one that cannot be appealed anymore), the principle of non bis in idem definitely prevents a possibility of a retrial and in case of a sentence that can still be appealed, according to some scholars a retrial is possible (but I have no information as to whether the courts agree with the scholars on this interpretation)
But whatever the law is, it is not up to Roberto to do anything about the situation. It is up to the prosecutor who might be able to request a retrial if the sentence is not definitive yet."
Yeah, did you notice Ric wears the same belt with every suit?
Leti, though, wonders why, with all the available proverbial finned finned and gilled vertebrates in the sea, why be obsessed with Ric?
Ah, what's not to love when my Jardinera gets on a verbal roll?!
However I disagree with Leticia. Certainly Elena is right in attempting to re-snare Ric the Brick. The kids adore him, he adores them (to a sickening degree, but whatever...)and the guys one meets in bars seldom turn out to be good mates or stepfathers. Ric's only fault before was he was too busy making a living to pay attention to her. So good provider, good father, of course she wants him back. Those other "fish" probably aren't that great. Plus she's no longer a fancy free 20 year old.
That being said, The Brick and The Wishy Washy are end game. So...moving on.
I'm still enjoying this in spite of the unreality of it. Or perhaps because of the unreality. Plus the patio is great. Happy Tuesday (rainy and gray here)
Ah, what's not to love when my Jardinera gets on a verbal roll?!
However I disagree with Leticia. Certainly Elena is right in attempting to re-snare Ric the Brick. The kids adore him, he adores them (to a sickening degree, but whatever...)and the guys one meets in bars seldom turn out to be good mates or stepfathers. Ric's only fault before was he was too busy making a living to pay attention to her. So good provider, good father, of course she wants him back. Those other "fish" probably aren't that great. Plus she's no longer a fancy free 20 year old.
That being said, The Brick and The Wishy Washy are end game. So...moving on.
I'm still enjoying this in spite of the unreality of it. Or perhaps because of the unreality. Plus the patio is great. Happy Tuesday (rainy and gray here)
Anon1146: Alejandra is going to be like this for the foreseeable future because:
1.) She's too damn naïve.
2.) Doesn't think well in terms of NOT getting rid of bad seeds (You Know Who, who will not stop stalking)
3.) Her actions so far have me questioning whether she's just in it for the long-haul or not.
1.) She's too damn naïve.
2.) Doesn't think well in terms of NOT getting rid of bad seeds (You Know Who, who will not stop stalking)
3.) Her actions so far have me questioning whether she's just in it for the long-haul or not.
UA: Alejandra and Carlos had already bought the apartment before the wedding, the realtor called Carlos for the delivery, and he wants Ale to accompany him (they both put money)
Regarding Ale and Ricardo ... is one of those couples that does not transmit anything ... I do not like the characters, I usually enjoy more when they are not so "perfect".
Regarding Ale and Ricardo ... is one of those couples that does not transmit anything ... I do not like the characters, I usually enjoy more when they are not so "perfect".
Anita, I really miss FC, he really is the most good looking man on earth, though I kind of hated his character in Pasion y Poder.
Kirby,no, I actually didn't pay attention to Ric's belts, but kudos to you for having such a keen eye for the really important details.
I will make an effort (can't promise results) to limit my future comments to comparative analysis of shoes and belt buckles.
Irene
Kirby,no, I actually didn't pay attention to Ric's belts, but kudos to you for having such a keen eye for the really important details.
I will make an effort (can't promise results) to limit my future comments to comparative analysis of shoes and belt buckles.
Irene
Permalink posted by : Tuesday, April 24, 2018 at 3:36:00 PM EDT
: Tuesday, April 24, 2018 at 3:36:00 PM EDT
Thanks, Jardinera.
Leticia is becoming one of my favorites. She tells it like it is to Elena. I even get why she's into Benji. She's smart and ruthless and needs someone just as ruthless. But I don't think she wants him for life, even though she's (foolishly) asking him to leave his wife.
Ale should take Carlos back. If she still hasn't blown her stack with Carlos, it must be because she likes a helicopter novio.
We know how they resolve Alberto's murder will be jacked up legalwise, but I am looking forward to how Roberto will deal with being duped like this.
Leticia is becoming one of my favorites. She tells it like it is to Elena. I even get why she's into Benji. She's smart and ruthless and needs someone just as ruthless. But I don't think she wants him for life, even though she's (foolishly) asking him to leave his wife.
Ale should take Carlos back. If she still hasn't blown her stack with Carlos, it must be because she likes a helicopter novio.
We know how they resolve Alberto's murder will be jacked up legalwise, but I am looking forward to how Roberto will deal with being duped like this.
Niecie--A helicopter novio produces a lot of wind. I wonder if now she's a little scared of him and doesn't want to cut him off cold in case he becomes a real stalker with cameras and microphones, e-mails, flowers, cozy tete a tetes over the desk at the foundation......
Irene--Shoes and belt buckles may not be your thaang so we might get incorrect information and analyses therefrom. Stick to what you know! (That's said with my tongue in cheek.)
Irene, yes...Kirby is our sartorial expert. He notices fashion faux pas with the galanes on Padre a toda Madre. Details which the rest of us miss (in part because we're ogling those broad shoulders and bulging biceps). Very tough competition indeed.
Jardinera654 thank for this "now we're getting down to the nitty gritty of the accidental on purpose shooting of the so-called bff" recap. I knewed it.
He was aiming right at him. And He intended to shoot to kill The man who was bouncing on top of his wife. Now in this country you can't be Tried for the same crime 2x, but is it That way in Mexico?
And what really will piss off robby is
That he was used by a friend he hasn't
Seen in years. I really want to see how he handles this. With said friend.
Cause it was an accidenta. Right?
The brick and ale Are sad, down in the mouth. Well if she'd grow a pair and tell Carlos where to get off the sadness will go away. Then they'll just have to fight Carlos and The mob.
I agree with letti, why don't Exlena go And annoy some other poor/rich blind unsuspecting schmuck. I really
Hope They plan to introduce us to the kids bio daddy.Cuz theres a story here that Has been left and the patio people need a to know about. We just most that way.
So benji is workin off the grid huh?
Want to keep the money for himself.
Its good Alonso don't trust him,he's a
Crooked one he is.
Robby is in a Quarry he is.
I do think that ale is smart enough to
Say "stop kissing me carlos" be she just let's him slobber on Her cheek. I
Just don't like him.And she's annoying
Me to no end.
He was aiming right at him. And He intended to shoot to kill The man who was bouncing on top of his wife. Now in this country you can't be Tried for the same crime 2x, but is it That way in Mexico?
And what really will piss off robby is
That he was used by a friend he hasn't
Seen in years. I really want to see how he handles this. With said friend.
Cause it was an accidenta. Right?
The brick and ale Are sad, down in the mouth. Well if she'd grow a pair and tell Carlos where to get off the sadness will go away. Then they'll just have to fight Carlos and The mob.
I agree with letti, why don't Exlena go And annoy some other poor/rich blind unsuspecting schmuck. I really
Hope They plan to introduce us to the kids bio daddy.Cuz theres a story here that Has been left and the patio people need a to know about. We just most that way.
So benji is workin off the grid huh?
Want to keep the money for himself.
Its good Alonso don't trust him,he's a
Crooked one he is.
Robby is in a Quarry he is.
I do think that ale is smart enough to
Say "stop kissing me carlos" be she just let's him slobber on Her cheek. I
Just don't like him.And she's annoying
Me to no end.
Permalink posted by : Tuesday, April 24, 2018 at 8:05:00 PM EDT
: Tuesday, April 24, 2018 at 8:05:00 PM EDT
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