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Man to get new trial on meth, marijuana charges

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An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.

Efren Mendoza-Vargas was charged and convicted of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of marijuana. The Elkhart County Interdiction and Covert Enforcement team executed a warrant at the home where Mendoza-Vargas lived. He was handcuffed while police searched the home. They found large amounts of money, methamphetamine and marijuana.

ICE employee Jennifer Gomez, who is fluent in English and Spanish, read Mendoza-Vargas his Miranda rights in Spanish. He said he understood these rights. He shook his head “no” as to whether he wanted to answer questions. But police kept asking him questions, even one about rubber bands found in the house. He was given a few minutes to decide whether he wanted to answer questions.

After 10 minutes, an officer asked Mendoza-Vargas if he could ask a question, then asked if his “contact” was in Indiana. Mendoza-Vargas then explained he got the drugs from Mexico.

Instead of immediately ceasing any questions after Mendoza-Vargas indicated he didn’t want to talk, police kept questioning him. And officers never re-read Mendoza-Vargas his Miranda rights again after he began answering questions, Judge Paul Mathias wrote.

The trial court abused its discretion when it admitted his statements to police into evidence because police “failed to scrupulously honor Mendoza-Vargas’s right to remain silent,” the judges held in Efren Mendoza-Vargas v. State of Indiana, 20A03-1201-CR-27.

This was not a harmless error, but he may be retired without the admittance of the statements to police.

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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