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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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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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