Crime Beat
of Mexican authorities.
Before the Los Angeles foreign prosecution unit was formed in April 1985, the LAPD, like most U.S. police agencies, did not have formal procedures for cutting through the diplomatic red tape to pursue cases in Mexico. Few detectives even knew it was possible.
Today, a U.S. Justice Department international law specialist said, the Los Angeles unit is in “the forefront of using this tactic.”
Operating under the fugitive division headed by Ross, the foreign prosecution unit is led by two homicide squad veterans, Detectives Zorrilla and Gilberto Moya.
Both see their jobs as equal parts detective work and diplomacy.
The Murder Book
To file cases in Mexico, the unit, whose members are bilingual, compiles a written record of the case in Spanish. Affidavits, witness statements, photographs and descriptions of evidence are put into a report they call the “murder book.”
This consolidation and translation is often the longest part of the procedure, usually lasting several weeks. The Lisa Ann Rosales case filled four thick files.
The district attorney’s office must then formally relinquish jurisdiction of a case, an action that is not taken lightly. Prosecutors acknowledge that because of the U.S. Constitution’s protection against double jeopardy, if they seek trial of a case in Mexico and do not get a guilty verdict, any attempt to refile the charges in the United States would be quickly challenged.
Norman Shapiro, a deputy district attorney who handles the foreign cases, said the decision depends mainly on the prospects for prosecution in the United States and a certainty that the suspect will not return from Mexico.
‘We Have Been Satisfied’
“We have to have solid information that the suspect is down there,” Shapiro said. “When we have that, we have been quite willing to let Mexico prosecute. We have been satisfied with the results.”
Of the 26 Los Angeles cases that have made it through the Mexican justice system, according to the foreign prosecution unit, all have resulted in convictions. And although Mexico does not have the death penalty, officers familiar with U.S. cases tried there said prison sentences seem to be slightly longer. Because of differences in laws, making exact comparisons is impossible.
Before the case travels to Mexico, the Mexican Consulate in Los Angeles must certify the authenticity of the investigative documents. In practice, this usually means confirming that a crime was committed and that the investigating officers are legitimate.
Then, once officers have determined through informants and other detective work where a suspect is in Mexico, the unit moves.
Checked Weapons at Border
This year, the detectives have checked their weapons at the border and crossed into Mexico an average of twice a month.
Occasionally they travel with Mexican police to observe the arrests, but most often they wait at police stations or hotels until a suspect is in custody or local police determine that he or she cannot be found. Moya said the officers go to Mexico to streamline the filing process, strengthen relations with authorities there and be available to offer additional case details or even question suspects themselves.
The officers make no secret of the value of the social side of the visits.
“Diplomacy and image are important,” Moya said. “You make concessions, courtesies to their protocol. You pay your respects. We don’t want to meddle in the internal workings of the law enforcement of another country. We work within their customs.”
Protocol Observed
On a recent trip to Mexicali to present evidence in connection with an East Los Angeles murder, Moya and José Herrera, the case detective, did not go directly to the prosecutor who would handle the case.
They first went to see the director of the state police, whose men had caught the suspect a week earlier based on leads Moya and Herrera had provided. Then there were several meetings with Mexican detectives and police administrators to shake hands and pay respects.
The Los Angeles officers offered the Mexicans small gifts of basic equipment not provided by their own department: flashlights, handcuffs, notepads, even bullets. The Californians had purchased the items in the United States with their own money.
When the detectives finally got to the office of Angel Saad, attorney general of the state of Baja, their stay in Mexico was nearly over. Saad looked over the file, grimaced at
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