Man serves 900 days in jail, though he didn't commit a crime

[Judi Lynn]

Source: Associated Press

Man serves 900 days in jail, though he didn't commit a crime
| March 12, 2015

PORTLAND, Ore. (AP) — A man waiting to testify in an Oregon murder case has been held in jail as a material witness for nearly 900 days, though he has committed no crime.

Legal experts tell The Oregonian (http://is.gd/2MEwiu ) that it's exceptionally rare to be held as long as Benito Vasquez-Hernandez.
The 59-year-old man has been incarcerated at the Washington County Jail for 897 days, or just shy of two and half years. His bail was set at $500,000.

Prosecutors say Vasquez-Hernandez's testimony is essential to their case, and he probably wouldn't show up to court if released. His elder son, Eloy Vasquez-Santiago, is suspected of killing Maria Bolanos-Rivera of Hillsboro in 2012.

Civil rights advocates say Vasquez-Hernandez should be released because he is poor, has no formal education and appears to have very low mental competency. He's also an immigrant who doesn't speak English and doesn't understand the American justice system.


Read more: http://www.chron.com/news/us/article/Man-serves-900-days-in-jail-though-he-didn-t-6130960.php

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(Short article, no more at link.)

[christx30]

1. He doesn't understand the American justice system?

That makes two of us. How can they treat an innocent person like that?

[First Speaker]

8. I suspect that by now, he understands it all too well...

[christx30]

9. Guy needs to try to find himself a good lawyer,

and file a writ of Habeas Corpus. Force the prosecution to explain why they have been holding him without charge for 2 years. Or why they couldn't get his testimony against his son 850 days ago.
In a just world, this kind of activity by the prosecution would be very costly to them. Does this guy have a home? A job? Are his houseplants still alive? Is he being paid for his time?

[tclambert]

16. It's easy to understand. If you're poor, you get treated like crap.

If you're rich, well, never mind, the police are just there to keep the poor people from spoiling your view.

[christx30]

23. Agreed.

We need this guy to prosecute his son. We're just going to throw him into a hole until we need him. Like when I get my coat out of the closet once autumn sets in. It's not like he's a human being. He's an object to be put away until he's needed.

[Elmer S. E. Dump]

31. The least they could do would be lock him in a luxury hotel room - with all the free room service

[christx30]

32. They probably reserve that kind of treatment

for people with lawyers. This guy either has none, or has a really crappy one that is pushed around easily. Probably worse than none at all.

[olddad56]

42. Nobody understands the American Justice system.

not even the judges.

[Thor_MN]

2. WTF!!! 2 and a half years in jail as a material witness???

Oregon is going to owe him some money...

[Thor_MN]

6. If it takes 2 and a half years to make thier case, they don't have one.

It is beyond ridiculous that they could hold someone who has committed no crime for so long, just because they believe they need his testimony. Half a million dollars bail, because he may have seen something.

The entire prosecution team (including any judges) responsible for this need to fired, and their collective last 2.5 years of wages turned over to this man.

[cstanleytech]

11. Actually it could be taking that long not because they dont have a case but

it could be because the prosecution is having to deal with appeals being filed by the defendants lawyers and if thats the case then its not the prosecutor fault for the delay.

[Thor_MN]

12. It's not the prosecutor's fault for jailing a man who has done nothing?

The only reason that he is in jail is the prosecutors feel they need his testimony. He has committed no crime, yet he has had two and a half years stolen from him.

[cstanleytech]

13. Reread it, I said why the case could be taking so long I didnt say shit about

them holding this guy for so long.

[Thor_MN]

17. "then its not the prosecutor fault"

Your words, not mine.

Maybe you should be the one re-reading.

Haven't these assholes heard of video camera's?

[cstanleytech]

18. Ya that the "case" could be taking. I mean god stop injecting something I never or implied.

[Thor_MN]

20. The prosecutors are not continuing to hold the man for the sole reason of his testimony?

Each day this man is in jail is a conscious decision by the prosecutors. They do not get a pass because of a possibility of delays that neither of us know about.

They are using him as a pawn and there are no excuses for what they are doing, despite your hypothetical cover for them.

[cstanleytech]

21. I dont know what they are doing or why all I know is you made the following statement

"If it takes 2 and a half years to make thier case, they don't have one." and I just pointed out that it could be due to the defenses filing stuff with the courts (as is their right) and that is what could be delaying the case and if thats the reason then the delay for the trial itself isnt the fault of the prosecutor and I didnt say jack shit about them holding a guy for over 2 years.

[Thor_MN]

22. So, to you, "then its not the prosecutor fault" isn't making excuses for them...

Sorry, I guess you were making a "cheeky" comment.

[cstanleytech]

24. Nope not making any excuses for them but nor am I accusing them of doing something

to delay the case on purpose like you were by saying it was because they didnt have a case.
Of course you could be right and thats the reason but I am willing wager that the more likely reason is that its a combination of filings from the defense and some from the prosecutor because the fact is court cases usually takes time and its just something thats "bam" done in under an hour like an episode of Law & Order.

[Thor_MN]

25. Two and a half freaking years

Would you be making excuses for the prosecutors if one of your relatives committed a crime and they sat your ass in jail for two and a half years?

By finding reasons "its not the prosecutor fault" you are making excuses for them.

[cstanleytech]

26. Here we go again Thor, I never said that at all. I am simply replying to why

the case against the guy accused of murder has taken so long and I have only pointed some reasons why the "case" itself probably hasnt gone forward instead of your reason which is that they dont have a case.
Now if you have something to contribute to this topic other than the rehash of trying to say I have said something about the guy they are holding as a witness when I have not I welcome you to do so but if all you want to do is repeat your post again then you might as well save yourself some time and not bother because if thats the case then this so called conversation is done as I will not be responding to any such post like that from you.

[Thor_MN]

27. Fine by me. Justify however you want why the prosecutors are not at fault

for whatever you feel they should be excused for.

[christx30]

33. Thousands of murder cases go through

the court system every year. Hundreds of material witnesses give testimony every year about those cases. But innocent people are not routinely thrown in jail for 2 years to make our justice system work. Appeals by the defense are not the reason this is happening. What the prosecution is doing is unconstitutional as hell. Where is the ACLU on this one? If they won't take this case and help this man out, what friggin good are they?
Juries are sequestered. Sometimes witnesses are sequestered during trial. But this man is being treated, at best, as a tool you keep in a shed for when it's needed, or at worse, a criminal.
He's getting a good lesson in the American justice system: don't trust it.

[cstanleytech]

34. I agree with alot of your points but I was not talking the case of this

guy who is being held as witness but rather I was responding to the question raised regarding why the case against the guy who the government is trying to prosecute for murder has taken so long.
And the fact is cases can drag on for years especially if you have a good lawyer which considering how long this one has dragged on I would say that the guy the governments trying to prosecute probably has a good one but the guy being held as a witness is clearly getting the shaft I agree.

[christx30]

35. If I were the accused's defense team,

and if this guy is such a important witness, I'd make sure he got the best damned ACLU lawyer in the country, and I would do it yesterday. Let everything else happen naturally.

[cstanleytech]

36. Ya I already said that I wondered if someone had contacted ACLU over because it does a bit odd

to be holding someone this long in prison yet they have not been convicted of a crime.
I mean I could understand protective custody or witness protection but prison????

[tabasco]

41. "a bit odd" - your words

It's an outrageous injustice.

Change your shtick, Stanley. Getting stale.

[RufusTFirefly]

3. He should compare notes with some of the "folks" in Guantanamo

That's "folks," as in "We tortured some folks."

Former State Department Official: Team Bush Knew Many at Gitmo Were Innocent (The Atlantic)

At Guantánamo Bay, the guilty go free, the innocent remain (Al Jazeera America)
http://america.aljazeera.com/opinions/2014/6/guantanamo-detaineestalibanbergdahlswap.html

[diabeticman]

7. First off do they often put material witnesses in jail? Wouldn't he be in danger?

Can't imagine what he thinks of "our" justice system after this.

[cstanleytech]

28. I've never heard of them holding one in prison this long though the article said legally they can

do so.
As for this guy that they are holding I wonder if the ACLU has been contacted because if they have not been contacted maybe its time someone did.

[father founding]

10. perfect

Civil rights advocates say Vasquez-Hernandez should be reldased because he is poor, has no formal education and appears to have very low mental competency. This make him the ideal candidate for the PPS, the profit prison system.

[Faryn Balyncd]

14. Well, Sen. Cotton believes family members should be punished.

It's that "Corruption of Blood" thing that the fascists believe:

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=6354400

[DeSwiss]

15. Happens all the time in this Prison-Nation.....

- If you're black/brown......

K&R

[Man from Pickens]

19. they'll let him out

just as soon as he agrees to testify exactly as they tell him

howbout that Constitutional guarantee of a speedy trial?

[cstanleytech]

29. Thats only if your charged with a crime I think, has he been charged with one?

If not then that doesnt enter into it, now false imprisonment? Maybe.

[SoapBox]

30. Whatttt?

Such bullshit...

[realFedUp]

37. And Bush, Cheney and "Betrayus" still walking around free.

Nt

[Beaverhausen]

38. Gotta keep those prisons full one way or another

http://thinkprogress.org/justice/2013/09/20/2658701/private-prison-firms-quotas-cells-coffers/

[seveneyes]

39. "His elder son, Eloy Vasquez-Santiago, is suspected of killing Maria Bolanos-Rivera"

That may be contributing to the circumstances in this case. The situation needs more examination before jumping to any conclusions. Anyone who has been in such a situation can likely relate more than most.

[Liberal_in_LA]

40. kick