Wednesday, May 16, 2018

Por Amar Sin Ley, 5/16/18 Chapter 52 Miercoles: Spoiled Rotten


Chapter 52:  Spoiled Rotten
I'm Christopher Mason. It's often been said that children of the rich are spoiled We have already seen that this leads to an exaggerated sense of entitlement. Money can buy anything, including justice. In our story we will soon see how justice is often perverted to suit the demands of parents of children who are Spoiled Rotten.
  • Ricardo drove Alejandra home and thanked her for helping with Alexa. He declined her invitation to come inside because he had to prepare for court the next day. She was sure they had what it would take to win the case. He asked if she would like to go out to eat after cout and she said she would love to. He kissed her on the cheek and she laughed flirtatiously before going inside.

  • Juan came home after trying to see Fernanda, whose mother said she was asleep. Juan was sure she was avoiding him because she was not answering her cell phone. Susanna told him he had to talk to her. She knew that he was worried about Tatiana. She told him that women don't like not knowing where they stand with men and he should tell her he loved her.
  • The following morning Alexa was worried on her way into court. Hugo, Ricardo, and Leonardo tried to reassure her that all would be well. Alejandra joined them for moral support and they entered the courtroom together.
  • Carlos and Alan talked about the money that would be coming in from El Ciego. Carlos decided that since he needed someone with expertise in financial law, he was going to hire Benjamín Acosta. Alan objected but Carlos so wanted to stick it to Alonso Vega and thought that he may as well take advantage of Benjamín's worst trait, his greed. If anything went wrong, it would be solely Benjamín's responsibility in the eyes of the law.
  • Alexa took her seat between Leonardo and Ricardo. Hugo and Alejandra sat in the row directly behind them. The three defendants were escorted in by their lawyers and police. Their parents followed behind.
    Francisco stopped just long enough to stare at Alexa, most likely in the hope that she would either cry or run away. One of the lawyers guided the defendants to their bench against the wall. Francisco's father was right behind him. Hugo could not control himself and got out of his seat. If not for Ricardo he would have sprung at his brother like a lion on a boar.
    “Despite that he is my nephew I won't rest until he pays for what he did to my daughter! Do you hear me, you miserable wretch?”
    Ricardo pulled Hugo back, telling him to calm down. Genaro, Hugo's brother, looked at him as though he had just crawled out from under a rock, then took his seat next to his wife.
    Judge Marrufo entered, officially opened the trial, and had Leonardo make his opening statement. Leonardo stated that the three accused rapists left the area and that one had to be retrieved with the assistance of Interpol. Their parents were sufficiently affluent to aid their escape so they could hide from the law; their flight pointed to their guilt. Ornelas, Francisco's attorney, acted as lead counsel and announced that their clients were innocent. He claimed there was proof that the alleged victim's father was in financial straits which was what motivated the accusation.
    This was the bait set for Hugo to object out of order. The judge rapped the gavel for order, telling Hugo that he was to resume his seat or be removed from the courtroom. Alejandra and Ricardo tried to calm him down.
    Genaro rolled his eyes and looked away from Hugo. His wife looked profoundly embarrassed.
  • Leticia walked into Benjamín's office, noting that he didn't call her the day before. He told her about his new client, another client outside the firm. She reminded him that Alonso should know about this and he replied that Alonso would not have approved. He accused Alonso of lacking vision. Of course Leticia wanted to know more.
  • Leonardo stood up and stated that the counter-accusation was absurd, that they were in court because the accused had raped a minor. He presented medical reports showing evidence of their semen in Alexa's vagina. He wanted to question Francisco and the judge allowed it. Francisco made sure to pass closely by the victim's table on his way to the witness stand.
    Leonardo questioned him, first getting him to state that Alexa was his cousin. Further he said they had gotten along and sometimes hung out together. Leonardo then asked what had happened on the night in question. Francisco admitted that they were all drinking. He said that Alexa had been very drunk and that she told him and his friends that she was a virgin and wanted to lose her virginity to all three of them. He also said that she asked for it.
    Alexa shouted that this wasn't true. She called Francisco a liar, then became unintelligible as she cried. Ricardo restrained her gently, Alejandra did the same with Hugo, and the judge used his gavel and requested silence.
  • Leticia would not give up. After some teasing Benjamín told her that Carlos was the client. He needed a financial expert and he (himself) was the best in the country. She said she liked the idea and he said it would mean so much money he could buy her anything she wanted.
  • He may have become intelligent enough by then to know that Leticia's greatest aphrodisiac wasn't hot sex so much as cold, hard cash.
  • Leonardo reminded Francisco that lying under oath could add more time to his sentence. Ornelas objected, saying that opposing counsel was threatening his client. The judge told Leonardo to go by the book. Francisco claimed to be teling the truth. Leonardo asked – rhetorically – that if this was the truth, why was this heard as a threat. He took his seat. Ornelas got up and said that his client and his friends left the city out of fear of being extorted. Ricardo rose from his seat, reached into his pocket, and took out the SIM card with the recording of Francisco's phone call, saying he had proof of the crime when Francisco called Alexa to apologise. He put the card on the desk.
    Judge Marrufo said that phone calls and recordings can be evidence but for the moment he is not accepting it. Francisco looked relieved. Leonardo and Ricardo were outraged.
    Ornelas then stated that his client's father had spoken with the fathers of his son's friends and explained that his brother always had financial problems and was using this opportunity to attempt to extort money from them. The other two rapists looked slyly at each other. Genaro had a superior look on his face as his lawyer delivered this accusation against his brother while looking straight at Hugo. Who took the bait.
    Hugo rose from his seat and seized Genaro by the lapels. Alejandra was right behind Hugo, but wasn't fast enough to stop him. The police took him out of the courtroom\ despite the protests of Alejandra and her colleagues.
    Leonardo protested that the accuseds' lawyers had no grounds for this accusation only for Ornelas to say they did. For which reason he requested permission to question Alexa. Francisco looked surprised at first, then reverted to looking as though he couldn't care less about what his lawyer was likely to do to her.
    Alexa took the stand and Ornelas asked whether her father had financial problems.
    Leonardo objected that this was irrelevant; his opponent said it was, and Marrufo allowed the question. She said he had lost his job two months previously and Leonardo asked what this had to do with the statutory rape charge. Marrufo ordered Leonardo to sit back down. Ornelas said “You will see” and continued questioning Alexa, asking whether her father gave permission for her to attend the party with Francisco. She answered he had. The lawyer asked whether she was expected to be home at a certain hour or whether she was allowed to spend the night there. She answered that this had not been discussed. He asked if her father was going to pick her up and she said she was to call him if she wanted him to. He took this as a gateway question and commented “How convenient” before asking how she had been dressed. Leonardo objected on grounds of irrelevancy. His opponent said that this was to determine whether she had been dressed provocatively, leading to the alleged rape.
  • Had Hugo been in the courtroom at that moment he would have been arrested for murder.
  • Marrufo asked Alexa if she wanted to answer and Leonardo jumped in to answer for her, stating that a woman's attire is irrelevant to such charges. His opponent said he was merely looking to establish that Hugo was too liberal a parent, allowing his daughter to attend a party with young adults who were “experimenting” with life and the world and the girl was experimenting sexually. Alexa stood and denied this. Ricardo restrained himself from getting up as Marrufo rapped for silence. Ornelas said that his client said that Alexa had consented to be a sex toy for him and his friends.
    Ricardo got up and Leonardo motioned for him to not come closer.
    One of the other lawyers said that his client and his friends are innocent and have nothing to hide. Leonardo then asked therefore why was Interpol's intervention necessary? This was a cynical defense that was laughing at the judicial process.
    Marrufa allowed Alexa to step down, then asked for closing arguments.
    Leonardo stated that they possessed the evidence of the crime and demanded justice for his client.
    Ornelas said that the accused were all young and experimenting with life and sex and that they did not rape their accuser. They had cooperated with the authorities. They only asked for justice.
    Marrufo declared a recess so he could review and render a decision.
    The three rapists smirked to each other while Alexa slumped down onto the table.
  • Roberto and Juan worked on the Ibarra case and Roberto realized that Juan wasn't quite himself. Upon hearing that it was a problem with his girlfriend, Roberto recommended flowers and chocolates, which he considered to be infallible. Juan wasn't so sure, but Roberto said that he had to talk to her but to start out with flowers and chocolate. He then excused himself becase he had to visit his father.
  • Gustavo asked Olivia's help in the dog custody case. She sensed he didn't quite understand it and explained that for some people a dog is like a child. She looked over his proposed schedule and said it was alright. She asked how things were going with his visitation with his own son and he said it was complicated. She pointed out that it would get easier over time, that he was not a bad person, just someone who had made a very big mistake. This would all take time.
  • Genaro faced his son while Alexa worried about her father.
    Alejandra was concerned about the outcome because too many inappropriate questions had been permitted. They tried to reassure Alexa that her life would get better when this was all over. She did not agree.
  • Carlos was visited by El Ciego's flunky El Gato, who brought in six large travel bags all filled with cash. He told him that if he passed the test this was only a small part of what his boss was sending. Carlos told him he had everything ready. He smiled as he looked at the money.
  • Judge Marrufo – who had once sent a rape victim to prison for killing her rapist in self-defense – returned with his decision, which would make for shameful history in Mexican jurisprudence.
  • The three accused rapists were declared innocent on grounds that the context of their actions involved much alcohol consumption and therefore an assumption of consent. He gave the order that the three accused were to be freed immediately. He closed the case; the court clerk announced that the proceedings had been recorded. Leonardo and Ricardo were outraged. Leonardo called Marrufo corrupt to his face before he left the courtroom.
    Alexa cried in disbelief. Leonardo told Orenelas that he would be appealing the decision and Ornelas sarcastically wished him luck.
    Genaro had the gall to say to Alexa that he couldn't believe she would do this to his son. “What a pity.” Ricardo went up to him and ordered him to stay away from his client.
    As they filed out of the courtroom the three rapists smirked at Ricardo. Alejandra and Alexa watched in disbelief.
  • The fact that the proceedings had been recorded may or may not matter to the situation. Any judge who would so pervert such a case is likely to make them disappear.
  • Alan got a little nervous at the sight of all that money on Carlos' desk. Carlos talked about getting a safe deposit box for the time being until he could get the money to Benjamín. Alan was worried at the prospect of being caught, especially when Carlos told him that this was only the beginning.
  • Ricardo tried to stop Leonardo from going after Murrafo, but could not. Hugo caught up with them in the corridor and was incredulous at the outcome. Alejandra said she was sure the judge was bought off and that the judge permitted many irregularities. Ricardo said they had never expected the judge to behave in this way.
    To add more insult to injury Genaro caught up with Hugo and said “Do you think you have the means to win this?”
    “You miserable – ”
    “You're better off forgetting all about this.” This earned him a right cross.
    Ricardo grabbed Hugo to hold him back as the police arrived. He turned to Genaro and told him that he was mistaken if he thought he had won.
    Genaro only laughed as a policeman put his hand on his shoulder blade and encouraged him to leave.
    Leonardo followed Marrufo into his chambers where he let him have it with both barrels.
    Marrufo was as arrogant as usual, saying his decision was firm. He seemed to laugh when Leonardo pointed out the irrelevancy of the defendants' counsel's questions. He challenged Leonardo to prove impropriety.
    “You are corrupt! Thanks to people like you nobody in this country believes in justice!”
    “If you won't leave, I will have someone remove you by force.”
    Again, Marrufo almost laughed but Leonardo was not intimidated.
    “You do not deserve to be a judge.”
    “That would happen only by a higher authority. Think very well what you are doing.”

    I don't have to think. I know exactly how I have to proceed.” He left.
  • Carlos told Alan to go over to Vega to speak to Alejandra on foundation business. He decided to change his strategy in his dealings with her so he needed to upset its routine. He was determined to beat Ricardo to the prize.
  • Fernanda stopped at Juan's house to talk to Susanna.She did not like what looked like an obsesssion with Tatiana. Susanna gave the same advice to her that Roberto gave to Juan and in Talk to Him.
  • Leonardo returned saying that the situation is worse than he thought. They were going to be in for a big fight. Hugo didn't know if they could take any more. Alejandra told him that they had many recourses they could take. Leonardo remembered that the day he had gone to see Marrufo he had seen Ornelas outside of his office. Hugo was sure that his brother would do something like this. The issue was now to appeal the case and prove corruption. Alexa protested that she didn't want to go through all this again. She had no faith in the law and felt that justice did not exist. She ran out of the courthouse and Hugo ran after her.
  • Juan caught Fernanda as she was leaving his home. He admitted he had been foolish and wanted to talk to her. They made a date for that evening.
  • Alejandra, Ricardo, and Leonardo went into Alonso's office and told him what happened in the courtroom. He almost didn't believe it, saying that all their evidence and arguments pointed to guilt. They told him they believed that Marrufo had been bought. They had promised justice and all Alexa got were insults. She had also refused to appear in court again. They had to act quickly. Alonso was outraged and told them he would personally take this on.
  • Gustavo's male client was in his office. He was impatient about the custody settlement as they waited for his soon-to-be-ex to arrive. He kept asking Gustavo about what if they couldn't come to an agreement and Gustavo said they would have to keep trying. Finally she arrived, carrying Chiquita. Gustavo watched the man hold and kiss the dog.
  • Victoria and Olivia joined the others in the discussion about the appeal. Alejandra said that Alexa needed therapy and immediately. They all agreed to help in whatever way they could.
  • Chiquita's parents talked about how she had been depressed after her father had moved out. Gustavo proposed that Chiquita spend alternate weeks with each, but her mama thought that was too long. They finally settled on every three days. Gustavo said he would draw up the agreement for their signatures. He looked somewhat bewildered by it all.
  • Leonardo filled Roberto and Juan in on Marrufo, neither of whom was particularly surprised. Juan had never seen Alonso in court, but Roberto said he was brilliant. Juan then told them that he wold be able to ge the telephone records the next day. Leonardo was relieved at getting some good news after the nightmarish day in court.
  • Alejandra and Victoria went into the former's office to find Alan waiting for them. He explained that he was there to discuss foundation business with them as Carlos was busy on other cases at the firm. He had a tablet with him showing properties they could rent and displayed some of them for their review. Olivia came in and Alan quickly noticed her. And she him. Alejandra introduced them and Alan made a comment that this firm had lawyers who were not only talented but beautiful.
  • Alonso was not going to sit by and watch any more injustice in the Arteaga case. When a lion decides to take on a hyena nothing is going to stop him.
  • Marrufo tried to avoid Alonso but that was not possible. Alonso entered his office and Marrufo shooed his secretary out. He tried taunting Alonso about his lawyers losing the case but Alonso didn't let that bother him. He pointed out “My employees have a better understanding of the law than you do for all that you are a judge.” Marrufo said that he made his decision on the basis of the evidence and the testimony and dared them to appeal. Alonso told him in no uncertain terms that he would be bringing the appeal himself. He would make sure that the rapists end up in prison. “Along with you, too.”
When wealthy parents spoil their children they often rot like overripe fruit fallen from the tree. We will soon see whether the lion can defeat the hyena. Until next we meet Behind Mansion Walls, I'm Christopher Mason.

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Comments:
Urban you hit it out of the ballpark again. OMG what amess of vomit this episode was, and you worked wonders with it.You didn't feel like throwin
Up did you? Would not have blamed you one bit. Ok I could wait until the sunrise, But OMG!I'll say this, Irene you don't Have to explain, unless you just want too. I'm not lawyer, but I get it. They didn't just puke all over the law.They went
And had a bout of diarrhea all over
It and they wiped themselves with the Mexican constitution. Hey I call
It the way I see it.

Now I'm going to bed, more tomorrow.
Thank you Urban.
 

When Leonardo found out who the judge was going to be I knew nothing good would come of it.

I know at least half of what Irene will say about this but I do have questions.

For the writers: I wonder why Leo wasn't more worried about this in view of what Marrufo did to that poor girl who killed her rapist in self-defense.

For Irene: Is it possible in Mexico to request that a judge recuse himself from a case in such a situation? The original verdict is something I think that Alonso should bring up in his appeal and his effort to get Marrufo removed from the bench. During that trial -- which was a travesty for a number of the same reasons as this -- Marrufo threatened to remove Alan from the case. Why didn't he?

Of course we know that Sonia should have been prosecuting the case, which could or should have been followed by Hugo suing his brother for damages to pay for Alexa's medical bills and therapy.

Cyber-bullying as a by-product of the rape is probably nothing unusual. I don't recall any mention of whether the rapists posted that garbage or whether others did (perhaps at their instigation) but the lies told in the courtroom make that a serious possibility.

The fact that there is no jury is no guarantee that judges always get away with this crap. His refusal to accept the recording of the phone call would never have been accepted by a jury in the US (at least not one in my area). Also, Ornelas wouldn't have gotten away with his questioning or his accusations about Hugo looking to cash in.

As to the disgusting verdict, Alexa was underage, which makes consent legally irrelevant. That was already sufficient for conviction, particularly since the ringleader of all this was her own first cousin who certainly should have been expected to know better. Since this case wasn't heard in juvenile court he was not underage. I am also assuming his accomplices were also mayor de edad.
 

What deserves its own post is what a piece of filth Hugo's brother is. For me that was the most chilling element in this episode.

That he laughed at Hugo over this speaks of long-term resentment about something that has nothing to do with this situation and that's bad enough. It took three attempts to get the screenshot of him laughing, but I felt it was needed to make that point.

That he had the gall to reproach Alexa for reporting the rape makes him the lowest of the low. I can only imagine what he taught his worthless son about women and how he treats his wife.

This is beginning to feel like the writers want to take the criminal injustice system to task and I'd be all for that if they would get their facts straight about the law.

One more thing: That these creeps actually ejaculated into Alexa's body puts her at risk of pregnancy. This has not yet been addressed. If she ends up pregnant I can see her committing suicide, which will probably kill Hugo. And Genaro will laugh again.
 

Oh my word, haven't seen this yet but just reading the recap has me in a swivet. What an outrage. The behavior of the rapists and Genaro and the judge was like another gang rape. I am utterly sickened. And while I know this is just a story, it is a scenario that is played out again and again all over the world. Ugh. So cruel and so unjust.

Better to focus on some of the skill of your recap, UA. Of course the screen shots were wonderful but the language was as well. Christopher's intros are always great:

I'm Christopher Mason. It's often been said that children of the rich are spoiled We have already seen that this leads to an exaggerated sense of entitlement. Money can buy anything, including justice. In our story we will soon see how justice is often perverted to suit the demands of parents of children who are Spoiled Rotten.

And you wrapped it up beautifully at the end when you concluded:

When wealthy parents spoil their children they often rot like overripe fruit fallen from the tree.

Also loved the recurring lion/hyena theme. We need to see a judicial triumph by Alonso (even if our expert Irene points out the absurd legality of it) just to get this horrible episode out of our system. So Disturbing!

On another segment of the episode, loved this:

He may have become intelligent enough by then to know that Leticia's greatest aphrodisiac wasn't hot sex so much as cold, hard cash.

Yes, I guess that is Leticia's bottom line (no pun intended). But at least she is working hard for her money.

And you, my friend, turn out this wonderful, artful recaps for free. Aren't we lucky? Thanks as always.
 

Urban, I have no words to describe how amazing you are at capturing so precisely all the sordid, the horrible and the absurd that we saw in yesterday's episode and packaging all that into such a superb and comprehensive recap. I loved the screen grabs too, they captured so precisely the defining traits of character of both the villains and the protagonists.
And your insightful observations are spot on. I especially loved "He may have become intelligent enough by then to know that Leticia's greatest aphrodisiac wasn't hot sex so much as cold, hard cash." and "When a lion decides to take on a hyena nothing is going to stop him." That Marufo really is a hyena, he even looks like one and has that annoying barking voice.

Irene

 

Judy, they say that an apple never falls far from the tree and I'm willing to bet that such is the case here. That Genaro is also a lawyer -- and a successful one -- is also disturbing.

BTW, I took those screen grabs of Christopher Mason from the episode called "Spoiled Rotten." He always uses the title in his intros and exit comments.

I have never read any John Grisham but I wonder what he would make of this series.

Irene, there are lion images in the title sequence and I wondered whether GGC is a Leo, but I just checked and he isn't. It just seemed appropriate for this situation because Marrufo is a another predator.

The dog custody case ws definitely meant to be comic relief.
 

UA: Genaro will keep WINNING.

Bold Prediction: Alexa commits suicide.
 

Now to the worst episode in the history of PASL ever. Nina, one definitely doesn't need to be a lawyer to understand that what we saw yesterday is an indescribably absurd bull-it. I can understand not needing to get all the boring details of the law precisely right, but mangling the law the way they did is unforgivable.
All the way through the most absurd trial in telenovela history, I was suffocating from the fumes emanating from my beanie and asking telenovela Gods to put me out of my misery.

What the hell happened to that prosecutor that, as per Sonya, was handling this case? Did he decide that a lawyer from Vega and Associates would do a better job and begged Leo to take over the case for him? I suppose I should be grateful that he didn't cede his place to Brick, although maybe Brick would have done a better job than Leo.

Leo's opening statement, which is supposed to outline his arguments and give a summary of the evidence by the way of which he is going to prove that the defendants raped Alexa consisted in "they fled so they are guilty". This is just one, very minor argument that should be presented somewhere in the end of the closing statement and after a thorough cross examination of the three rapists. Leonardo didn't even mention the crime (rape) in the opening statement! He should have at least said something like " we are going to prove that a minor child was cruelly raped by the three defendant". Worst opening statement ever!

Even the defense did a better job with an opening statement, although since there are three defendants and each defendant has his own lawyer, all three of the defense lawyers should have made opening statements.

Irene

 

Now, if Leo's opening statement is a disaster, his trial strategy is such an absolute catastrophe. His first witness should have been the victim, Alexa. She is his most important witness and this trial is about what was done to her, so how on earth doesn't Leo put her on the witness stand? Asking her to describe the horror that she had to live through? Establishing that the sex was not consensual? Making her identify her rapists? Anticipating in advance the arguments of the defense and making and getting her to address them before the defense gets the opportunity to ask them?
And why would Leo simply present the pathologist's report instead of bringing him in as a witness and actually interrogating him? In real cases, you cannot just submit an expert's report, you have to put him on the stand. But even if it wasn't obligatory, Leo still should have brought the pathologist, because this is the only way he had to prove that the injuries to the vaginal canal are consistent with rape. He should have anticipated the defense presenting the consensual sex argument and asked the pathologists whether such injuries are consistent with consensual sex, and the answer would have been that they are not.

He should have brought and put on the stand every nurse, doctor and psychologist that treated Alexa after the rape to establish her state of mind.

He should have brought her classmates that were worried because she didn't go to school to prove her state of mind.

He should have put Alexa's father on the stand to both establish her state of mind after the rape and to try and address every possible arguments that the defense is going to raise before they are raised.

And we have to understand something, Francisco and the other accused are not Leo's witnesses, so he can't call them to the stand the way he did. It's the defense that is supposed to call the accused to the stand and Leo is supposed to cross examine them afterwards.

And why did Leo allow Francisco's lawyer to actually answer a question directed to his client ? Doesn't he understand the concept of objection? All he had to do was say "Objection, Your Honor, the counsel is testifying" and any judge would allow the objection. Marufo probably wouldn't but it would be noted in the protocol and presented on appeal. Now, it's as if Leo agreed for Francisco's lawyer to testify for him.

Irene
 

Great point.

I wonder whether Mexicans are accustomed to courtroom dramas. In my experience they're an English-language thing because the relevant countries have trial by jury and lawyers in these shows always play to the jury. I know that Law & Order has been shown in Mexico but how about other lawyer-centric programs?

While the pacing of this series is good I have to wonder whether judges usually make decisions on the day of the trial. US juries often deliberate for a few days.
 

And why Brick, the family law attorney, actually presented evidence (the recording) during a criminal trial? What, Leo couldn't handle it on his own and needed Brick to remind him to present a crucial piece of evidence?
The editing of the phone call is actually a valid argument since there are means of doing it, but that's why in normal criminal trials the evidence is not presented on it's own but by means of the person that came into possession of that evidence (thus, for example, the police officer that found the drugs is questioned on the stand about how he found them and the person that found a gun used in a robbery is questioned about the circumstances of finding it). In a trial that is conducted correctly, the prosecutor would have put Leo on the stand and interrogated him about how the recording came to be and whether he altered anything. Then, the prosecutor would have produced a technical expert that would have testified that the recording is not altered in any way.
But since the person prosecuting the rapists is also the person that recorded the conversation, Leo is up to his ears in manure (I am borrowing this word from Jardinera) here and we can't even blame this hyena of a judge too much, because there is something to what he says.

Irene

 

Urban: Loved the Christopher Mason/Behind Mansion Walls touch!

"He may have become intelligent enough by then to know that Leticia's greatest aphrodisiac wasn't hot sex so much as cold, hard cash." - LOL funny!
 

Also, somehow no one on PASL writing team understands that a trial is not a ping pong match. First the prosecution is supposed to present all the witnesses and the evidence and only after the prosecution is finished it's turn for the defense.

And don't get me started on Alexa's testimony. Even though Leo didn't call Alexa, his witness, to the stand, Francisco's lawyer cross-examined her.
Leo didn't object once to Francicso's lawyer constantly testifying during the cross (or whatever it is).
And instead of asking for a redirect after Francisco's lawyer stopped torturing Alexa, Leo actually moved on to the issue of Octavio providing information to the prosecution while Alexa is still on the stand !!?
And why was it done in the form of two lawyers going back and forth about why Octavio provided the information instead of in the correct form of Octavio's lawyer calling him to the stand and then Leo cross examining him?
And why Leo didn't object when Octavio's lawyer was testifying for him?
And why the other two defendants didn't testify (and more importantly, why Leo didn't say a word about them not testifying)

And Leo will forgive me, but his closing arguments majorly sucked. "It's obvious they are guilty" is a joke, not a closing argument. He has to prove they are guilty first and then, in the closing arguments explain how he proved that they are guilty (and here include the fact that they fled, made apologetic phone calls etc..).

And finally, the most horribly absurd part of this "trial": the fact that the hyena judge qualified the acts as " attempted rape" and yet declared the defendants innocent. An attempted rape is a crime punishable by law so he can't at the same sentence say that the defendants committed a crime but are innocent!

Irene

 

Urban I truly love and admire your writing, thanks for that razor sharp conclusion.

Very much agree this is the worst episode in this TN. You've said it all Irene. It beats me how I was able to sit through all this mess.

I agree that Alexa's case was poorly handled and
 

Ava: Francisco & his cronies are now emboldened to continue raping more girls & escalate to murder.
 

Urban, a lawyer certainly can ask a judge to recuse himself, however it's up to the judge himself whether to recuse himself or not. Generally, a judge should recuse himself if he thinks that he can't be objective in judging the case (because of previous knowledge of the plaintiff or the defendant, a prejudice towards a certain issue etc..).If he considers himself objective, then there is nothing the lawyer can do at this stage, but it's an argument that he will use on appeal. He will present the protocol where it is stated that he asked the judge to recuse himself for such and such reason and will argue that the judge ruled the way he did because of his prejudice.

However, in Marufo's case, I doubt the argument would have been accepted ,since Marufo ruled against Nora because "the incorrect law was applied by the defense" (according to protocol) and there is no way to prove that he ruled the way he did because he is a misogynistic pig.

Irene
 

Steve, and the same unscrupulous judge would set them free after they were brought to trial again.
 

Ava: The judge was dirty & it was obvious Francisco & his cronies were going to get off.
 

The attempted rape conviction followed by the innocence declaration, followed by the consensual sex conclusion didn't make sense at all, unless the defendants were charged with multiple counts of varying degrees? Prior to the start of the episode, I sensed that to justify Alexa's fear of corrupted law, the rapists weren't going to pay for what they did to her. However, I expected that they were actually going to be convicted of a minor charge, and be given a lenient sentence followed by probation (a la Brock Turner). That would have made much more sense, as it's fairly common for sex crimes to receive rather lenient sentences (particularly first offenses). Sometimes the justice served isn't fair at all.

It's sad to think Alexa represents so many girls and women out there like her, all over the world. Why are they waiting so long to give her access to therapy? Hopefully Alonso gets the judge disbarred, and Genaro gets jailed for the bribing.

I wonder if the writers have a story waiting for Olivia and Alan. They seemed interested in each other, but she's in for some major disappointment if they get romantically involved.

Does anyone else think that Fernanda's jealousy of the stripper lady is a little overboard? Juan may be a little too defensive of Tatiana, but nothing else justifies Fer's jealousy in my opinion.

Anon1146
 

The toilet has ran over and flooded the whole house of justice.
Even tho all that you have explained to us Irene is true(Thank you for that by the way),it would not have made any kind Of a difference at all because(he does not deserve the title judge) the
Pig on The bench had already been bought off by Francisco's pig of a parent.
We don't know if the other pig parents have Donated money to that pigs club for the release of rapist, but you can bet The pig on the bench got paid a pretty Penny for the injustice he brought about In that courtroom last night.

There was no prosecutor. How is that possible? What the hell happened to
Sonia? she was so gungho when Leo told
Her about this case, or did he?. Whatever,its just amess.And that comic
Releaf About the dog custody case was not that releaving.It was kinda silly.
The look on Gustavo's face was like
"What the doggy doodoo is goin here?".

As for benji and Leticia and Carlos
They'll get what they'll get, alot of
Trouble.
And what the hell is wrong with Oli?
The girl attracts trouble like roadkil
Attracts flys. Why is she lookin at Alan Like he's a happy meal? From one
Mess to another.
 

Anon1146, these boys weren't gonna get charged with anything, their parents paid for no charges at all. And the charges you mentioned"convicted with a minor charge and given a sentence of leniency", not with this judge, his
Bribe was no conviction what-so-ever.
And thats what they got off scottfree.
That Scotty is going to bring them more trouble.
 

Since it's a telenovela after all, I think we can be pretty much sure that Alonso is going to save the day and that Marufo is going to very much regret going against Vega and Associates.

If it were a real case, then Marufo would indeed want to go the Brock Turner way to cover his tracks, since the proceedings are both recorded and transcribed, the appeal is a virtual certainty and standing trial for bribery is not very pleasant and is best avoided.

However, it would be really difficult if not impossible for him to come up with something plausible since rape is punished in Mexico by 8 years to 14 years in prison, as per article 265 of Codigo Penal Federal. "Al que por medio de la violencia física o moral realice cópula con persona de cualquier sexo, se le impondrá prisión de ocho a catorce años".

By the way, according to article 266 paragraph 2, sexual acts without violence with a person that has no capacity to understand what it means or for whatever reason can't resist it is equated to rape and is punished the same way, so Marufo wouldn't have been able to use the fact that Alexa was drunk and unconscious against her.

The fact that it was a gang rape makes the punishment event greater.
Article 266 Bis.of Codigo Penal Federal says the following :"Las penas previstas para el abuso sexual y la violación se aumentará hasta en una mitad en su mínimo y máximo, cuando:
I.- El delito fuere cometido con intervención directa o inmediata de dos o más personas"
It means that if a rape was committed by two or more persons, the punishment is incremented by half.

He could maybe use article 262 according to which whoever has a sexual act with a minor after getting his/her consent by the way of deception, will be punished by 3 months to 4 years in prison.
"Al que tenga cópula con persona mayor de doce años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, se le aplicará de tres meses a cuatro años de prisión.

However, even in this case he would have to sentence them to at least 6 months due to the aggravating factor of there being two or more offenders. And he would have to work really hard to twist the evidence to fit article 262.

In any case, I really don't understand why would he take a bribe knowing that the case is handled by Vega and associates, who are know to be the biggest justice crusaders in Mexico. Now he risks going to prison for years for bribery (cohecho).
According to article 222 of Codigo Penal Federal, "Cometen el delito de cohecho:
El servidor público que por sí, o por interpósita persona solicite o reciba indebidamente para sí o para otro, dinero o cualquiera otra dádiva, o acepte una promesa, para hacer o dejar de hacer algo justo o injusto relacionado con sus funciones".
Public servant commits a crime of bribery if he solicits or receives without due cause money or any other favor...in order to do or not to do something just or unjust related to his functions.
Punishment depends on how big was the bribe and ranges from 3 months to 14 years of imprisonment and, of course, includes removal from office.

Irene






 

Irene, the only courtroom scene I ever saw in a previous Televisa novela was in Salome and that one was worse than these.

It seems to me that no novela writer has ever set foot in a courtroom. They need to start watching Law & Order and Rumpole of the Bailey.

If the recorded phone call was presented on the original phone would that have made a difference?

Anon1146, this was not attempted rape; it was aggravated rape:

-- The victim was under the age of consent
-- The victim was drunk
-- There were three perps
-- They prevented her from calling her father when she said she wanted to
-- They forced more alcohol on her than she wanted
-- They took her down to the basement where the other partiers couldn't hear what was happening

The only thing we didn't see was how she got home.

This crime looks seriously premeditated. Not to mention that Alexa was underage. That trumps anything here.
 

Didn't the judge say they were guilty of attempted rape, to throw out the aggravated charges? And then simply said they were innocent?

Turner didn't get attempted rape in the charges, from what I remember. But I know in the end he was convicted of sex assault and sexually penetrating an intoxicated person. Somehow that only amounted to six months? The circumstances in that case indicated rape too. The law can be way too open to interpretation at times.

Anon1146
 

Urban, whether it was presented on the original phone or not, the tampering with evidence claim can still come up. Now, generally it is up to the party that claims tampering to prove that the recording was tampered with, but a vigilant prosecutor would prevent any such claim even rising, by thoroughly questioning the person that made the recording to make the judge understand that it wasn't altered and there was no reason to alter it and by actually having an expert testify that it wasn't altered.
Of course, it's the defense attorneys that should have objected to the evidence and alleged tampering, not the judge himself (he should have just listened to their arguments and nodded, and then ruled in their favor).

Now, regarding Alexa being a minor, it is good to mention it in the opening and closing arguments however as far as rape is concerned, the age of the victim is not an aggravating factor! There are only four aggravating factors : group rape, rape in the family (parents, children, siblings, tutor, step parents), rape by public official using the powers that his function confers him to commit the crime and rape committed by a guardian or an educator taking advantage of the trust placed in him by the victim.

Of course, there is the statutory rape- a consensual sexual act with a minor under 12 years of age. Article 266 paragraph 1 states that "Se equipara a la violación y se sancionará con la misma pena al que sin violencia realice cópula con persona menor de doce años de edad".
And I mentioned above article 262 regarding punishment for obtaining through deception a consent to a sexual act from a minor older than 12 years old.

Irene



 

Anon 1146, what this judge said is a flux of random sentences with no logical link between them. He said that there was alcohol in the part, so it was just an attempted rape and then he said that it is not rape because there is a possibility!!! a possibility that it was consensual. And then he said that they are innocent.

Irene
 

Ok about this alcohol, he gave this girl something to drink and the way she was acting it looked like the date rape drug because she was sleepy and she was trying to get away she was sleepy not drunk from what I could see they purposely drugged her to get her in a position where she could not fight back. When he got her downstairs he put her on that bed and she was sleeping she wasn't drunk. Those pissy little demons knew exactly what they were doing. Now they may have given her alcohol after that first drink with the dope in it to make sure she couldn't Fighting back so they can do what they wanted with her. Bastards!
 

Any blood alcohol tests on Alexa? If she was drunk or drugged she would not have had any ability to judge the situation. That would not make it OK to use her. If I remember correctly rufinol disappears very quickly and was probably out of her system by the time she saw a doctor.

On another note, if Olivia gets involved with Alan she will be in for a whole world of hurt. I totally agree with "she attracts trouble like roadkill attracts flies."

I'm not sure how well Alejandra knows Alan but she should warn Olivia about him.
 

Thanks, Urban! Enjoyed the recap tremendously. I am glad to know the outcome of the trial so I can skip that part -- how many times do we have to see people lunge across tables and scream at each other in the courtroom, anyway? -- but I definitely need to tune in for Chiquita's star turn.
 

Gustavo was a bit weirded out by that; some of his facial expressions were hilarious. It would be interesting if Chiquita's parents get back together.
 

UA: Since the judge is dirty, I don't see him or any of the rapists getting anvils anytime soon.
 

Tons of appreciation to Urban. I love your presentation, especially the great pictures. You capture the actors at precise moment. My mom and I were laughing so much at Gustavo's faces when he was helping the young couple with Chiquita. They will probably stay together for the sake of Chiquita. I am still fuming thinking how Elena made tears stream down her cheeks telling her Rick was gonna forget about them!

We also love to watch Juan everytime he comes on. I can see how exaggerated his acting is and understand him grating someone's nerve. But I like I really enjoy.

Steve, the raping jerks will get theirs! We will need to wait awhile, but they will get their anvils.

Thank you everyone for participating and being so much fun, but most of all for being class act and treating everyone so respectfully, in view of recent disrespecting culture.

I sure missed tonight epi.

Goodnite,

 





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