Today, I received a letter from Rebecca that tells how her sentence was applied and the ramifications going forward. Read her letter below:
For the blog... "Rebecca Roth... Prisoner in Paradise"... an open letter from Rebecca Roth
In Mexico crimes are separated into two categories…Common and Federal. Common crimes include robbery, rape or murder. One is eligible for consideration of early release with a Common crime after 30% of the crime is served. For example, a murder sentence of 30 years with the 30% rule applied would be reduced to 9 years like this: 30 x .30 = 9.
Now a Federal crime such as drug trafficking or arms possession has a factor applied of 60%. So a sentence of 15 years could have a release date of 9 years or 15 x .60 = 9. There are also benefits for 1st time offenders, which according to the papers in my case have already been applied, thus “lenient” minimum sentences of 5 years (400 bis) and 4 yeas (Art 13). However due to the political climate and the rhetoric regarding organized crime Article 13 carries with a provision that there can be no benefits. In addition, the stacking of the sentences is an irregularity: first the 5 year charge…Operations of resources from illegal sources. With a 5 year minimum Federal sentence, this could be paid with bail. However, since it is stacked (paired) with the unpardonable crime one loses the benefit of paying 60% of the time on that charge also. Meanwhile, people charged with 2,3,4 crimes are paying their time simultaneously.
For example, a 4 year sentence and a 5 year sentence of different charges would be paid (without benefits) in 5 years maximum. So instead of falling into the normal guidelines of parole eligibility at 60% for Federal and 30% for Common, this crime falls outside of the guidelines. Added to that the stacking effect and this minimum sentence of 9 years becomes equivalent of a 15 year sentence (Federal) or a 30 year sentence (Common).
This analysis is based upon the charges and sentences only and is done without regard to the question of innocence or guilt. Now having done this analysis, I can also tell you that the SubDirector of the prison told me that the institution was going to write to Mexico City to find out what benefits could be granted in this case. The Judicial department here at the institution calculated a date two years from now in which I was told that I would be eligible for benefits to be released.
According to my attorney, these dates and promised correspondences are “feel good” lies that will not change the imposition of the 9 year sentence.
So based upon this information, the remaining options are Amparo, and the prisoner transfer program, both time consumers. The Amparo one year or maybe a little less.
Monday, August 31, 2009
Sunday, August 23, 2009
Letters, Stories and Justice... Oh My!
It has been a while since I have posted anything. While waiting for Rebecca's Amparo (next stage in the appeals process) to be submitted, many of us have been writing letters to Senators, Congressmen and to the Consulate in Mexico. As usual, these letters have fallen on deaf ears and eyes and attitudes. The rhetoric and insensitivity are running rampant. Senators continue to reply to individual letters with copy and paste responses and new Consulate representatives replying with the usual canned lines, their heads in the clouds and hopes that if they simply make a statement that it will be true. When called upon to back up the claims made, no response is made. Maybe they think we'll just go away.
So, the point is that the same ol' same ol' continues in spite of our reaching out to those in a position to help.
In the dark ocean of indifference, there is a shining star, however. Margie Boule of The Oregonian, has been given the go ahead to do some front page articles that go beyond her column limitations. Margie has her nose deep in research and is conducting interviews right now, so we will see a much greater expose' coming soon!
Several of us have written to the Mexican President, as well. Those letters are being translated and will be presented to him in both the original English version and the translation, as well. Our hope is that he will see the need for his intervention and oversight as the Amparo is reviewed.
Today, I am proud to present a short story, written by Rebecca from her Mexican prison cell. In it, she gives us an idea of how our dreams are a part of our reality.
SHORT STORY by
Rebecca Roth
August 11, 2009
Two full-grown Bengal Tigers were at my front door. I felt safe from my vantage point, a small balcony on the second floor, because I had a gate of iron bars in front of the front door for security. I felt safe that is, until one of the tigers used his great paw as a can-opener and folded the iron door with little effort.
Now as I watched from my second story perch, I was terrified! I backed into the second floor bedroom, turned and immediately began to round up my two children and our pets, a cocker spaniel (Scooter I), a squirrel (where did he come from?!?), my beloved Obie Juan Kanobe, his wife Scooter II (who seemed more nervous than normal under the pending circumstances), and their tremendous accomplishment, the so-called freak-of-nature Don Juan, my family of 3 mini Rat Terriers. It was boundless chaotic fear as this menagerie and I tried to climb to safety.
Now I could hear that these two magnificent specimens of giant felines were inside my house. Why my house? I felt that they had come for me, to destroy me and my family. But Why? Why do they want to destroy me?
I thought with self-criticism, “Why don’t I have better, stronger defenses? I should have seen this coming.” But the crisis had arrived – literally at my door and I must deal with it NOW!
I could hear them down on the first floor breaking the breakable along with the unbreakable. I fabricated a courageous face and urged my children, toddlers clad only in diapers, up the stairs. My children seemed even more vulnerable due to their state of attire. I tried to blot out the image of them, cast in the role of just two mouths full for these voracious carnivores. Of course tigers don’t mind if you are fully dressed – naked, raw or well-done.
Then as I scrambled from one hiding place to another, evaluating first one, then another and find them wanting, my panic rose like magma surfacing in a dormant volcano. “Don’t cry!” I commanded myself sternly, yet hot tears sprung and stung my eyes disconnected from any emotion. Unruly and disobedient! This is not the time to feel!
I was snapped back to the impossible scenario, from the mental philosophies to the here and now, by the barking frenzy coming from my valiant Scooter. I realized this barking was coming from downstairs and that she was not with us. She fought bravely to protect us, but of course she was no match for these giant beasts. Although I didn’t witness her end with my eyes, her sacrifice will remain with me as vivid and real as her sweet motherly nature was.
“GET YOUR SHIT TOGETHER.” I MENTALLY DEMANDED TO MYSELF. This won’t do. With everyone in front of me we climbed to the third floor, aided by time granted by the distraction Scooter I gave us with her death and subsequent fight over her remains.
I placed everyone (including that damned squirrel) upon a narrow ledge above my closet. One of the tigers began to climb the stairs. Probably lost the coin-toss for the cocker-spaniel meal. We had little time left and I was not convinced at all that the height of the narrow ledge we were on was sufficiently out of the range of those demonic claws of this devil to protect us…
The birds! He (or she) was now tearing up the second floor and we wouldn’t have long to wait for the answer. The squawking was now focusing its attention on them. They’re on their own I thought, unable to contemplate their fate or my role in it.
I looked at my children Aaron and Evan who were silently screaming, eyes wide and a thought came to me. The spiral stairway! That narrow – too narrow, to tightly wound annoying staircase to the roof terrace; our savior, our escape, our hope! I remembered the terrible time the dogs had getting used to the open treaded, treacherous looking, impossibly steep and twisting stairs of this often maligned staircase. I told the boys, “we have one chance, but we must get down from here, go out into the hall and climb the spiral stair case.” Evan holding the nameless squirrel close to his chest and sucking his thumb shook his head. I knew that what I said next had to change his mind. “Honey, we won’t make it out alive if we stay here, and I insist that we, all of us, get out alive and beat these – demons.” My gaze had purpose and this was said with more confidence and authority than I felt within my liquefied body. His shaking head turned into a silent nod.
I heard the bird cages on the 2nd floor being batted around and realized this was our opportunity to move.
“All right.” I said quietly, “Aaron you grab Obie Juan, Evan had his squirrel. “I’ll take Scooter and Don Juan. We must be very quiet.” I actually thought I saw Scooter nod. I lowered myself from the ledge and Aaron handed me the dogs. Lastly Evan and Aaron were helped down by me.” So far so good.” I mused. I paused to locate the two tigers with my ears. The one was still on the first floor and the second seemed to be growing frustrated with its game of cat and bird.
With pets in hand we opened my bedroom door (a squeak?) “That damned hinge. Too late! Get moving!” I shouted with my eyes. Maybe he/she/it hadn’t heard. Evan made it to the accursed/blessed stairway and with squirrel on chest began to climb. Next went Aaron with Obie Juan. I took up the rear with two wriggling mini dogs in my hands. I remember thinking Scooter isn’t barking – why she’s as silent as the tomb. Apparently the second floor tiger did hear the squeaky hinge or perhaps it simply smelled the scent of fear emanating from us, like scared prey. As I heard a growl and realized there was a giant tiger looking up at us from the base of the stairs. With a reverberating growl I was almost knocked off of the stairs, but shakily I stumbled up higher and shouted, “Go!” Evan had reached the top and was opening the metal door. Thank God it wasn’t locked, I though with relief! Then the tiger extended his paw and slammed it into the far side of the stairwell cage. Aaron let out a wail, but he held onto the catatonic Obie Juan and God bless him, he didn’t give up. He kept climbing and somehow so did I. We made it to the top, to the terrace, through the door and I shut it firmly behind me. The tiger now had thoroughly lost its temper and was pummeling the staircase with its enormous paws and roaring with anger. I heard the staircase come loose from its aging solder and fall upon the tiger. As near of a sound to a whimper came from the tiger and apparently after considering his options, he retreated back down the stairs to join his companion.
As we huddled together in stunned silence, traumatized and soaked in sweat, tears and blood, my parrot flew through the door to the roof terrace lit briefly on a make-shift perch, considering us, and then took off into the sky heading first west toward the sea, then east toward the mountains. I examined Aaron’s leg which had sustained a nasty wound from sharp talons that had breached the caracole stair, but we would all survive…
Yesterday, August 9, 2009, the President of the United States, Barack Obama, the President of Mexico Felipe Calderon, and the Prime Minister of Canada, Stephen Harper met in an attempt to project renewed solidarity in Guadalajara, the city nearest to where I’ve been held captive for over 3.5 years. As I listened to the press conference, the dream I had of the two tigers came to mind and I realized my two tigers are the governments of the United States and Mexico. Prime Minister Harper and the Canadian Government by extension are not and have not bee a threat to me or my family which explains why there weren’t 3 tigers. Canada seems the very face of neutrality while tiger 1, who stayed back and did nothing, is the US government, and tiger 2, the aggressor Mexico tries to destroy me. This dream represents for me my struggle for acquittal and freedom, as well as the damage that has been done to my home, business and family. I heard President Calderon inviting proof of Human Rights violations to be brought to his attention, while I sit in one of his overcrowded jails with people whose basic Mexican Human, Constitutional and Legal rights have been ignored and violated. Hopefully, Presidente Calderon, we will be bringing you an example of injustice soon.
I heard Barack Obama reacting to criticism he called hypocritical regarding his weak approach in helping the Honduran President return as that country’s President. He called it ironic that the same critics who attack U.S. political priorities for meddling in the affairs of sovereign nations are now criticizing him for not taking a stronger position with regards to Honduras. Mr. President, criticism such as this occurs when 1) the problem isn’t fully understood, or 2) when political priorities are mixed-up, or 3) lack of communication between the ones criticizing and the ones being criticized.
Whatever the source, this statement made by Barack Obama, sums up the origins of the inaction, impotence, defensiveness and overall lack of help offered by the US government, including the State, Department, Secretaries of State, Politicians from the President, Senators, Governors, Congressmen on down, in regards to my imprisonment.
It may also represent the apathy and disinterest by most members of the press, in my case, which if fired-up, would have forced the U.S. Government Officials to action, as has happened recently in several cases similar to mine.
Finally, the statement made by President Calderon regarding the Ministereos Publica, in which he declared that they – the MP – do not go after innocent people with a vengeance is simply not true.
The MP or district attorneys in Mexico are a reign of terror, who even threatens Judges. This cancer is comparable to Robespierre and the guillotine wielders of the French Revolution with their spread of fear and the destruction of the lives of most all who come in contact with them. Only they do not attack the rich bourgeois, they go after the poor, ignorant and defenseless masses. Why? They want to appear to be great crime-fighters, while their own peers infiltrated by the real members of Organized Crime for generations continue with their impunity, intricately woven into the social fabric of Mexico. How can President Calderon or any President defeat this kind of social disease? This is the question?
Rebecca Roth
August 11, 2009
Two full-grown Bengal Tigers were at my front door. I felt safe from my vantage point, a small balcony on the second floor, because I had a gate of iron bars in front of the front door for security. I felt safe that is, until one of the tigers used his great paw as a can-opener and folded the iron door with little effort.
Now as I watched from my second story perch, I was terrified! I backed into the second floor bedroom, turned and immediately began to round up my two children and our pets, a cocker spaniel (Scooter I), a squirrel (where did he come from?!?), my beloved Obie Juan Kanobe, his wife Scooter II (who seemed more nervous than normal under the pending circumstances), and their tremendous accomplishment, the so-called freak-of-nature Don Juan, my family of 3 mini Rat Terriers. It was boundless chaotic fear as this menagerie and I tried to climb to safety.
Now I could hear that these two magnificent specimens of giant felines were inside my house. Why my house? I felt that they had come for me, to destroy me and my family. But Why? Why do they want to destroy me?
I thought with self-criticism, “Why don’t I have better, stronger defenses? I should have seen this coming.” But the crisis had arrived – literally at my door and I must deal with it NOW!
I could hear them down on the first floor breaking the breakable along with the unbreakable. I fabricated a courageous face and urged my children, toddlers clad only in diapers, up the stairs. My children seemed even more vulnerable due to their state of attire. I tried to blot out the image of them, cast in the role of just two mouths full for these voracious carnivores. Of course tigers don’t mind if you are fully dressed – naked, raw or well-done.
Then as I scrambled from one hiding place to another, evaluating first one, then another and find them wanting, my panic rose like magma surfacing in a dormant volcano. “Don’t cry!” I commanded myself sternly, yet hot tears sprung and stung my eyes disconnected from any emotion. Unruly and disobedient! This is not the time to feel!
I was snapped back to the impossible scenario, from the mental philosophies to the here and now, by the barking frenzy coming from my valiant Scooter. I realized this barking was coming from downstairs and that she was not with us. She fought bravely to protect us, but of course she was no match for these giant beasts. Although I didn’t witness her end with my eyes, her sacrifice will remain with me as vivid and real as her sweet motherly nature was.
“GET YOUR SHIT TOGETHER.” I MENTALLY DEMANDED TO MYSELF. This won’t do. With everyone in front of me we climbed to the third floor, aided by time granted by the distraction Scooter I gave us with her death and subsequent fight over her remains.
I placed everyone (including that damned squirrel) upon a narrow ledge above my closet. One of the tigers began to climb the stairs. Probably lost the coin-toss for the cocker-spaniel meal. We had little time left and I was not convinced at all that the height of the narrow ledge we were on was sufficiently out of the range of those demonic claws of this devil to protect us…
The birds! He (or she) was now tearing up the second floor and we wouldn’t have long to wait for the answer. The squawking was now focusing its attention on them. They’re on their own I thought, unable to contemplate their fate or my role in it.
I looked at my children Aaron and Evan who were silently screaming, eyes wide and a thought came to me. The spiral stairway! That narrow – too narrow, to tightly wound annoying staircase to the roof terrace; our savior, our escape, our hope! I remembered the terrible time the dogs had getting used to the open treaded, treacherous looking, impossibly steep and twisting stairs of this often maligned staircase. I told the boys, “we have one chance, but we must get down from here, go out into the hall and climb the spiral stair case.” Evan holding the nameless squirrel close to his chest and sucking his thumb shook his head. I knew that what I said next had to change his mind. “Honey, we won’t make it out alive if we stay here, and I insist that we, all of us, get out alive and beat these – demons.” My gaze had purpose and this was said with more confidence and authority than I felt within my liquefied body. His shaking head turned into a silent nod.
I heard the bird cages on the 2nd floor being batted around and realized this was our opportunity to move.
“All right.” I said quietly, “Aaron you grab Obie Juan, Evan had his squirrel. “I’ll take Scooter and Don Juan. We must be very quiet.” I actually thought I saw Scooter nod. I lowered myself from the ledge and Aaron handed me the dogs. Lastly Evan and Aaron were helped down by me.” So far so good.” I mused. I paused to locate the two tigers with my ears. The one was still on the first floor and the second seemed to be growing frustrated with its game of cat and bird.
With pets in hand we opened my bedroom door (a squeak?) “That damned hinge. Too late! Get moving!” I shouted with my eyes. Maybe he/she/it hadn’t heard. Evan made it to the accursed/blessed stairway and with squirrel on chest began to climb. Next went Aaron with Obie Juan. I took up the rear with two wriggling mini dogs in my hands. I remember thinking Scooter isn’t barking – why she’s as silent as the tomb. Apparently the second floor tiger did hear the squeaky hinge or perhaps it simply smelled the scent of fear emanating from us, like scared prey. As I heard a growl and realized there was a giant tiger looking up at us from the base of the stairs. With a reverberating growl I was almost knocked off of the stairs, but shakily I stumbled up higher and shouted, “Go!” Evan had reached the top and was opening the metal door. Thank God it wasn’t locked, I though with relief! Then the tiger extended his paw and slammed it into the far side of the stairwell cage. Aaron let out a wail, but he held onto the catatonic Obie Juan and God bless him, he didn’t give up. He kept climbing and somehow so did I. We made it to the top, to the terrace, through the door and I shut it firmly behind me. The tiger now had thoroughly lost its temper and was pummeling the staircase with its enormous paws and roaring with anger. I heard the staircase come loose from its aging solder and fall upon the tiger. As near of a sound to a whimper came from the tiger and apparently after considering his options, he retreated back down the stairs to join his companion.
As we huddled together in stunned silence, traumatized and soaked in sweat, tears and blood, my parrot flew through the door to the roof terrace lit briefly on a make-shift perch, considering us, and then took off into the sky heading first west toward the sea, then east toward the mountains. I examined Aaron’s leg which had sustained a nasty wound from sharp talons that had breached the caracole stair, but we would all survive…
Yesterday, August 9, 2009, the President of the United States, Barack Obama, the President of Mexico Felipe Calderon, and the Prime Minister of Canada, Stephen Harper met in an attempt to project renewed solidarity in Guadalajara, the city nearest to where I’ve been held captive for over 3.5 years. As I listened to the press conference, the dream I had of the two tigers came to mind and I realized my two tigers are the governments of the United States and Mexico. Prime Minister Harper and the Canadian Government by extension are not and have not bee a threat to me or my family which explains why there weren’t 3 tigers. Canada seems the very face of neutrality while tiger 1, who stayed back and did nothing, is the US government, and tiger 2, the aggressor Mexico tries to destroy me. This dream represents for me my struggle for acquittal and freedom, as well as the damage that has been done to my home, business and family. I heard President Calderon inviting proof of Human Rights violations to be brought to his attention, while I sit in one of his overcrowded jails with people whose basic Mexican Human, Constitutional and Legal rights have been ignored and violated. Hopefully, Presidente Calderon, we will be bringing you an example of injustice soon.
I heard Barack Obama reacting to criticism he called hypocritical regarding his weak approach in helping the Honduran President return as that country’s President. He called it ironic that the same critics who attack U.S. political priorities for meddling in the affairs of sovereign nations are now criticizing him for not taking a stronger position with regards to Honduras. Mr. President, criticism such as this occurs when 1) the problem isn’t fully understood, or 2) when political priorities are mixed-up, or 3) lack of communication between the ones criticizing and the ones being criticized.
Whatever the source, this statement made by Barack Obama, sums up the origins of the inaction, impotence, defensiveness and overall lack of help offered by the US government, including the State, Department, Secretaries of State, Politicians from the President, Senators, Governors, Congressmen on down, in regards to my imprisonment.
It may also represent the apathy and disinterest by most members of the press, in my case, which if fired-up, would have forced the U.S. Government Officials to action, as has happened recently in several cases similar to mine.
Finally, the statement made by President Calderon regarding the Ministereos Publica, in which he declared that they – the MP – do not go after innocent people with a vengeance is simply not true.
The MP or district attorneys in Mexico are a reign of terror, who even threatens Judges. This cancer is comparable to Robespierre and the guillotine wielders of the French Revolution with their spread of fear and the destruction of the lives of most all who come in contact with them. Only they do not attack the rich bourgeois, they go after the poor, ignorant and defenseless masses. Why? They want to appear to be great crime-fighters, while their own peers infiltrated by the real members of Organized Crime for generations continue with their impunity, intricately woven into the social fabric of Mexico. How can President Calderon or any President defeat this kind of social disease? This is the question?
Sunday, July 5, 2009
Can a US Senator help Rebecca Roth?
The following letter has been sent to Oregon State's US Senator Jeff Merkley today. It will be interesting to see if I receive the same standard, cookie cutter reply as a concerned Oregonian, Deb Baller, did recently.
------------------------------------------------------------------------------
This is a personal letter for Senator Jeff Merkley. Any Constituent Service Representative that receives this is instructed to ensure that he personally receives it.
Sen. Merkley,
I would like to address some issues contained in a response from your Constituent Service Representative Whitney Walter to Debbie Baller regarding Oregon citizen Rebecca Roth, locked up in a Mexican prison. Ms. Walter was gracious enough to reply to Ms. Baller's recent request for information regarding your actions on behalf of Ms Roth.
I will not go into great details about the case in this letter as it has already been brought to your attention and you have been represented as having been made aware of the facts. If this is not the case, I would be happy to provide details.
As the ex-husband of Rebecca Roth (still a close friend) and the father of her two sons, I would like to see you take a proactive interest in this issue, because the response to Ms Baller contained inaccuracies, as well as some smoke and mirrors from the State Department/Consulate.
I know you have important things on your plate in your new position as Senator, but what is more important than looking out for the best interests of one of your constituents?
The State Department, through the Consulate, has not done a very good job of staying in contact with Rebecca Roth and an even worse job of looking out for her welfare.
Most recently, she was taken to the infirmary with blue fingernails, gasping for breath, as there are far too many people in the same cell that she is assigned. The room was literally filled with carbon dioxide.
From the onset of this debacle, the Consulate has been infrequent in their visits, unreliable in providing basic services and meeting commitments that they have made. Quite frankly, they have proven more part of the problem than being part of the solution. It has been very frustrating and has been detrimental to the efforts of Rebecca Roth's case. Consulate officials are moved around on a regular basis and so there is not consistency in providing services or following up on commitments.
A standard line from the consulate has been that they cannot discuss the case or their actions due to privacy issues. There exists a form for Rebecca to sign that will allow communication with others, but the consulate has yet to produce the form at every turn. It is not right. They are failing to provide the services that they are paid to do and it is at the expense of a US citizen.
If you knew all of the details of the case (or lack of a case), I am certain you would be appalled. In the past, we have seen Senators do extraordinary things to help US citizens and I am hoping you will make this an occasion to rise above and help Rebecca Roth. The evidence against her is non existent, the case has been tagged as difficult and judges have followed the lead of prosecutors, etc. Our own FBI, in their investigation of the criminal mastermind of the TriWest Investment scam, had no interest in even interviewing Rebecca Roth, yet the Mexicans have railroaded her and tagged her as one of the key individuals.
In her appeal, the eleventh hour denial came moments prior to the deadline and appeared to be a review of the sentencing document rather than any review of the case itself. The judge acknowledged putting it to the bottom of the pile because he had been told of its complexity. A tragic miscarriage of justice that would not be tolerated in the US.
While you can not do anything about her case, Senator Merkley, you can bring this to the attention of Sec of State Clinton or someone close to that level in State. This is vital. I can not believe that if someone capable of making a difference knew what was going on, the US would remain so ineffective in protecting one of our own.
Canada did much more to help a fellow employee of TriWest that was convicted in the same miscarriage of justice.
Please take the time to look into this. The privacy form for you to discuss this with me can be signed by Rebecca and the family has an avenue to expedite it quickly.
Should you have any questions, I can be reached at 206-354-8347. Should you choose, you can catch up on the case at my blog for Rebecca at http://rebeccarothprisonerinparadise.blogspot.com/
Respectfully,
David Dickinson
Seattle, WA
------------------------------------------------------------------------------
This is a personal letter for Senator Jeff Merkley. Any Constituent Service Representative that receives this is instructed to ensure that he personally receives it.
Sen. Merkley,
I would like to address some issues contained in a response from your Constituent Service Representative Whitney Walter to Debbie Baller regarding Oregon citizen Rebecca Roth, locked up in a Mexican prison. Ms. Walter was gracious enough to reply to Ms. Baller's recent request for information regarding your actions on behalf of Ms Roth.
I will not go into great details about the case in this letter as it has already been brought to your attention and you have been represented as having been made aware of the facts. If this is not the case, I would be happy to provide details.
As the ex-husband of Rebecca Roth (still a close friend) and the father of her two sons, I would like to see you take a proactive interest in this issue, because the response to Ms Baller contained inaccuracies, as well as some smoke and mirrors from the State Department/Consulate.
I know you have important things on your plate in your new position as Senator, but what is more important than looking out for the best interests of one of your constituents?
The State Department, through the Consulate, has not done a very good job of staying in contact with Rebecca Roth and an even worse job of looking out for her welfare.
Most recently, she was taken to the infirmary with blue fingernails, gasping for breath, as there are far too many people in the same cell that she is assigned. The room was literally filled with carbon dioxide.
From the onset of this debacle, the Consulate has been infrequent in their visits, unreliable in providing basic services and meeting commitments that they have made. Quite frankly, they have proven more part of the problem than being part of the solution. It has been very frustrating and has been detrimental to the efforts of Rebecca Roth's case. Consulate officials are moved around on a regular basis and so there is not consistency in providing services or following up on commitments.
A standard line from the consulate has been that they cannot discuss the case or their actions due to privacy issues. There exists a form for Rebecca to sign that will allow communication with others, but the consulate has yet to produce the form at every turn. It is not right. They are failing to provide the services that they are paid to do and it is at the expense of a US citizen.
If you knew all of the details of the case (or lack of a case), I am certain you would be appalled. In the past, we have seen Senators do extraordinary things to help US citizens and I am hoping you will make this an occasion to rise above and help Rebecca Roth. The evidence against her is non existent, the case has been tagged as difficult and judges have followed the lead of prosecutors, etc. Our own FBI, in their investigation of the criminal mastermind of the TriWest Investment scam, had no interest in even interviewing Rebecca Roth, yet the Mexicans have railroaded her and tagged her as one of the key individuals.
In her appeal, the eleventh hour denial came moments prior to the deadline and appeared to be a review of the sentencing document rather than any review of the case itself. The judge acknowledged putting it to the bottom of the pile because he had been told of its complexity. A tragic miscarriage of justice that would not be tolerated in the US.
While you can not do anything about her case, Senator Merkley, you can bring this to the attention of Sec of State Clinton or someone close to that level in State. This is vital. I can not believe that if someone capable of making a difference knew what was going on, the US would remain so ineffective in protecting one of our own.
Canada did much more to help a fellow employee of TriWest that was convicted in the same miscarriage of justice.
Please take the time to look into this. The privacy form for you to discuss this with me can be signed by Rebecca and the family has an avenue to expedite it quickly.
Should you have any questions, I can be reached at 206-354-8347. Should you choose, you can catch up on the case at my blog for Rebecca at http://rebeccarothprisonerinparadise.blogspot.com/
Respectfully,
David Dickinson
Seattle, WA
Friday, June 5, 2009
Two articles by Margie Boule on how to help Rebecca NOW
Margie Boule has written two more articles for her column in The Oregonian. One on June 2 and another on June 4, 2009, following her article of May 28, 2009. These two new articles appear below, just as they were published in The Oregonian. Rebecca, her family and friends, would like to express their warmest thanks to Margie and The Oregonian for using their platform to help a US citizen and former Oregon resident.
If you are new to this blog, I hope that as you read these articles you will take some time to read more of the blog to get even more background information on this travesty of justice and consider what you might do if it was you or a loved one locked away unjustly in a foreign country.
(begin article)
Contact info to help Rebecca Roth, prisoner in Mexico
by Margie Boule, The Oregonian
Tuesday June 02, 2009, 3:54 PM
This is a list of American leaders and politicians you can write to, on behalf of Rebecca Roth, an Oregonian imprisoned unjustly in Mexico. For more information about her case, see links at the end of the column, "Former Oregonian still sits in Mexican prison," published May 28, 2009. Also see the column that will run Thursday of this week, June 4, 2009, for more suggestions of things you can do to help Rebecca Roth.
U.S. politicians:
President Barack Obama:
via the Internet at: http://www.whitehouse.gov/CONTACT/
or by mail at:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
U.S. Secretary of State Hillary R. Clinton:
via the Internet at: http://www.state.gov/secretary/
or by mail at:
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Sen. Ron Wyden:
Washington, D.C. Office:
223 Dirksen Senate Office Building
District of Columbia 20510-3703
Phone: (202) 224-5244
Fax: (202) 228-2717
via the Web: http://wyden.senate.gov/contact/
Website: wyden.senate.gov
Portland Office:
1220 SW 3rd Avenue, Suite 585
Portland, OR 97204
Phone: (503) 326-7525
Fax: (503) 326-7528
Eugene Office:
405 East 8th Ave., Suite 2020
Eugene, Oregon 97401
Phone: (541) 431-0229
Fax: (541) 431-0610
Bend Office:
131 NW Hawthorne Avenue, Suite 107
Bend, Oregon 97701
Phone: (541) 330-9142
Fax: (541) 330-6266
LaGrande Office:
SAC Annex Building, 105 Fir Street, Suite 201
LaGrande, Oregon 97850
Phone: (541) 962-7691
Medford Office:
310 West 6th Street, Room 118
Medford, Oregon 97501
Phone: (541) 858-5122
Fax: (541) 858-5126
Salem Office:
707 13th Street, SE, Suite 285
Salem, Oregon 97301
Phone: (503) 589-4555
Fax: (503) 589-4749
Sen. Jeff Merkley:
via the Internet: http://merkley.senate.gov/contact/
Washington, D.C. Office:
107 Russell Senate Office Building,
District of Columbia 20510-3704
Phone: (202) 224-3753
Fax: (202) 228-3997
Portland Office:
121 SW Salmon Street, #1250
Portland, Oregon 97204
Phone: (503) 326-3386
Fax: (503) 326-2900
Eugene Office:
405 East 8th Avenue, Suite 2010
Eugene, Oregon 97401
Phone: (541) 465-6750
Medford Office:
10 South Bartlett Street, Suite 201
Medford, Oregon 97501
Phone: (541) 608-9102
Salem Office:
495 State Street, Suite 330
Salem, Oregon 97301
Phone: (503) 362-8102
Bend Office:
131 NW Hawthorne Avenue, Suite 208
Bend, Oregon 97701
Phone: (541) 318-1298
Congressman David Wu:
Via the Internet: http://www.house.gov/wu/email.shtml
Washington, D.C. Office:
2338 Rayburn House Office Building,
District of Columbia 20515-3701
Phone: (202) 225-0855
Fax: (202) 225-9497
Portland Office:
620 SW Main, Suite 606
Portland, Oregon 97205
Phone: (503) 326-2901
Fax: (503) 326-5066
Congressman Greg Walden:
via the Internet: http://walden.house.gov/ContactGreg.Home.shtml
Washington, D.C. Office:
2352 Rayburn House Office Building,
District of Columbia 20515-3702
Phone: (202) 225-6730
Fax: (202) 225-5774
Medford Office:
843 East Main Street, Suite 400
Medford, Oregon 97504
Phone: (541) 776-4646
Fax: (541) 779-0204
Bend Office:
1051 NW Bond Street, Suite 400
Bend, Oregon 97701
Phone: (541) 389-4408
Fax: (541) 389-4452
La Grande Office:
1211 Washington Avenue
La Grande, Oregon 97850
Phone: (541) 624-2400
Fax: (541) 624-2402
Congressman Earl Blumenauer:
Via the Internet: http://blumenauer.house.gov/
Washington, D.C. Office:
2267 Rayburn House Office Building,
District of Columbia 20515-3703
Phone: (202) 225-4811
Fax: (202) 225-8941
Portland Office:
729 NE Oregon Street, Suite 115
Portland, Oregon 97232
Phone: (503) 231-2300
Fax: (503) 230-5413
Congressman Peter DeFazio:
Via the Internet: http://www.house.gov/formdefazio/contact.html
Washington, D.C. Office:
2134 Rayburn House Office Building,
District of Columbia 20515-3704
Phone: (202) 225-6416
Fax: (202) 225-0032
Eugene Office: (more district offices)
405 East 8th Avenue, #2030
Eugene, Oregon 97401
Phone: (541) 465-6732
Fax: (541) 465-6458
Coos Bay Office:
125 Central, #350
Coos Bay, Oregon 97420
Phone: (541) 269-2609
Roseburg Office:
612 SE Jackson Street, #9
Roseburg, Oregon 97470
Phone: (541) 440-3523
Congressman Kurt Schrader:
Via the Internet: http://schrader.house.gov/?sectionid=7§iontree=4,7
Washington, D.C. Office:
1419 Longworth House Office Building,
District of Columbia 20515-3705
Phone: (202) 225-5711
Fax: (202) 225-5699
Salem Office:
494 State Street, Suite 210
Salem, Oregon 97301
Phone: (503) 588-9100
Fax: (503) 588-5517
Oregon City Office:
112 8th Street
Oregon City, Oregon 97045
Phone: (503) 557-1324
Fax: (503) 557-1981
Mexican Consulate, Portland:
1234 SW Morrison St.
Portland, OR 97205
Phone: (503) 274-1442
Fax: (503) 274-1540
E-mail: portland@sre.gob.mx
Mexican President Felipe Calderon:
Via the Internet:http://www.presidencia.gob.mx/
Click "In English," then click "Contact President's office."
PALACIO NACIONAL
Tunel de la Mortadela, Planta baja,
Col. Centro, Deleg. Cuauhtemoc.
C.P. 06067. Mexico, Distrito Federal.
Phone:
Atencion Telefonica.
01-800-080-1127
FAX
(55) 5093-4901
-- Margie Boule; marboule@aol.com
(end of article)
The second article, published on June 4, 2009 in The Oregonian, tells how to use the contact info above, as well as how to make differences in other ways. Thanks again, Margie, from all of us that care about Rebecca, but do not have a platform like The Oregonian to get this information out to a large readership.
(begin article)
How you can help Rebecca Roth, imprisoned in Mexico
by Margie Boule, The Oregonian
Thursday June 04, 2009, 6:01 AM
Last week I wrote an update on the outrageously unfair plight of Oregonian Rebecca Roth, jailed in Mexico for a crime she did not commit.
Unlike Americans who've been jailed elsewhere, who have benefited from national media coverage and our government's intervention, Rebecca never became a poster child for the travesties of justice that can occur to Americans abroad.
For a number of years, a man named Alyn Waage ran an Internet Ponzi scheme from headquarters in Mexico. He's admitted stealing at least $60 million.
Waage was apprehended in Costa Rica, convicted in the U.S. and sits in a federal prison.
Five years after his arrest, Rebecca Roth was arrested in Mexico. She'd worked for Waage for 18 weeks in 2001, standing in lines to pay Waage's utility bills.
Mexican authorities also arrested Waage's former cook, a Canadian. Canada went to bat for the cook. The prime minister even flew to Mexico to protest her arrest.
Both women were convicted of organized crime. Days later the Canadian was flown home at Canada's expense and released.
The American woman, Rebecca Roth, still sits in a filthy, hot, overcrowded Mexican prison. No member of the U.S. government has ever lifted a finger to help her, in spite of the fact Waage swears she knew nothing about his scam. His son, Cary Waage, gave U.S. investigators the names of everyone involved; Rebecca's name was not on the list.
Rebecca has proof of her innocence in the utility receipts she kept. The prosecutor's case against her was little more than a translation from English to Spanish of the U.S. case against Waage; Rebecca's name was mentioned just a few times in 12 boxes of papers submitted.
Many readers responded to last week's column, asking what could be done to help Rebecca.
Several suggested a fund be set up to raise money to bribe Mexican officials. The Oregonian is not endorsing that plan.
But here's a list of things you can do, and should do, to help a fellow Oregonian:
1. Write your political representatives. In the past, Oregon's senators and congressional representatives have responded by claiming they were "watching" her case, and that there was nothing they could do.
That's not true. American citizens in foreign prisons are assisted all the time by politicians. Just last week an American was released from an Iranian prison, after being convicted of espionage. Mexico is supposed to be our ally.
Urge politicians to give speeches on the floor of the Senate and House. Urge them to ask the State Department to become involved.
2. Write President Obama and Secretary of State Hillary Clinton. Ask them to intervene.
3. Write the president of Mexico, Felipe Calderon. Tell him you will not travel to Mexico or buy Mexican products until justice is served.
4. Contact the local Mexican consulate and urge Rebecca be released.
5. Do not travel to Mexico. This could be a wise decision even if Rebecca is not considered. The U.S. State Department has issued a travel alert for Mexico, warning of "imminent risk to the security of U.S. citizens."
6. Stop buying products from Mexico.
7. If you know people in Mexico, contact them and ask them to put pressure on their leaders for Rebecca's exoneration and release.
8. Start or sign an online petition of support for Rebecca.
9. Read the Web site run by Rebecca's ex-husband.
10. If you know anyone working in the national media, contact them and forward copies of my columns about Rebecca. Urge them to cover her plight. A national TV news program was interested in her story, but the warden of Alyn Waage's U.S. prison would not allow him to be interviewed on camera, and the news program declined to do a report.
11. Start or contribute to a fund to raise money to pay Rebecca's legal fees. Her sister and elderly mother have contributed $20,000 for inadequate legal representation; they cannot give more.
12. Contact organizations such as Amnesty International and make them aware of Rebecca's situation. Her rights, guaranteed by international treaties, were violated at and after her arrest. The U.S. consulate in Mexico did little to ensure these rights were observed.
13. Finally, send e-mails of support to Rebecca via my address, at the bottom of this column. I will forward them to her.
She is ill and living in unsanitary conditions. She is innocent and has six years left to serve in Mexico.
Alyn Waage will be freed before she is.
-- Margie Boule; marboule@aol.com
(end of article)
As the author of this blog, I would like to thank Margie again for all that she is doing to report the facts of this case and the important steps that private citizens can take to help.
If you are new to this blog, I hope that as you read these articles you will take some time to read more of the blog to get even more background information on this travesty of justice and consider what you might do if it was you or a loved one locked away unjustly in a foreign country.
(begin article)
Contact info to help Rebecca Roth, prisoner in Mexico
by Margie Boule, The Oregonian
Tuesday June 02, 2009, 3:54 PM
This is a list of American leaders and politicians you can write to, on behalf of Rebecca Roth, an Oregonian imprisoned unjustly in Mexico. For more information about her case, see links at the end of the column, "Former Oregonian still sits in Mexican prison," published May 28, 2009. Also see the column that will run Thursday of this week, June 4, 2009, for more suggestions of things you can do to help Rebecca Roth.
U.S. politicians:
President Barack Obama:
via the Internet at: http://www.whitehouse.gov/CONTACT/
or by mail at:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
U.S. Secretary of State Hillary R. Clinton:
via the Internet at: http://www.state.gov/secretary/
or by mail at:
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Sen. Ron Wyden:
Washington, D.C. Office:
223 Dirksen Senate Office Building
District of Columbia 20510-3703
Phone: (202) 224-5244
Fax: (202) 228-2717
via the Web: http://wyden.senate.gov/contact/
Website: wyden.senate.gov
Portland Office:
1220 SW 3rd Avenue, Suite 585
Portland, OR 97204
Phone: (503) 326-7525
Fax: (503) 326-7528
Eugene Office:
405 East 8th Ave., Suite 2020
Eugene, Oregon 97401
Phone: (541) 431-0229
Fax: (541) 431-0610
Bend Office:
131 NW Hawthorne Avenue, Suite 107
Bend, Oregon 97701
Phone: (541) 330-9142
Fax: (541) 330-6266
LaGrande Office:
SAC Annex Building, 105 Fir Street, Suite 201
LaGrande, Oregon 97850
Phone: (541) 962-7691
Medford Office:
310 West 6th Street, Room 118
Medford, Oregon 97501
Phone: (541) 858-5122
Fax: (541) 858-5126
Salem Office:
707 13th Street, SE, Suite 285
Salem, Oregon 97301
Phone: (503) 589-4555
Fax: (503) 589-4749
Sen. Jeff Merkley:
via the Internet: http://merkley.senate.gov/contact/
Washington, D.C. Office:
107 Russell Senate Office Building,
District of Columbia 20510-3704
Phone: (202) 224-3753
Fax: (202) 228-3997
Portland Office:
121 SW Salmon Street, #1250
Portland, Oregon 97204
Phone: (503) 326-3386
Fax: (503) 326-2900
Eugene Office:
405 East 8th Avenue, Suite 2010
Eugene, Oregon 97401
Phone: (541) 465-6750
Medford Office:
10 South Bartlett Street, Suite 201
Medford, Oregon 97501
Phone: (541) 608-9102
Salem Office:
495 State Street, Suite 330
Salem, Oregon 97301
Phone: (503) 362-8102
Bend Office:
131 NW Hawthorne Avenue, Suite 208
Bend, Oregon 97701
Phone: (541) 318-1298
Congressman David Wu:
Via the Internet: http://www.house.gov/wu/email.shtml
Washington, D.C. Office:
2338 Rayburn House Office Building,
District of Columbia 20515-3701
Phone: (202) 225-0855
Fax: (202) 225-9497
Portland Office:
620 SW Main, Suite 606
Portland, Oregon 97205
Phone: (503) 326-2901
Fax: (503) 326-5066
Congressman Greg Walden:
via the Internet: http://walden.house.gov/ContactGreg.Home.shtml
Washington, D.C. Office:
2352 Rayburn House Office Building,
District of Columbia 20515-3702
Phone: (202) 225-6730
Fax: (202) 225-5774
Medford Office:
843 East Main Street, Suite 400
Medford, Oregon 97504
Phone: (541) 776-4646
Fax: (541) 779-0204
Bend Office:
1051 NW Bond Street, Suite 400
Bend, Oregon 97701
Phone: (541) 389-4408
Fax: (541) 389-4452
La Grande Office:
1211 Washington Avenue
La Grande, Oregon 97850
Phone: (541) 624-2400
Fax: (541) 624-2402
Congressman Earl Blumenauer:
Via the Internet: http://blumenauer.house.gov/
Washington, D.C. Office:
2267 Rayburn House Office Building,
District of Columbia 20515-3703
Phone: (202) 225-4811
Fax: (202) 225-8941
Portland Office:
729 NE Oregon Street, Suite 115
Portland, Oregon 97232
Phone: (503) 231-2300
Fax: (503) 230-5413
Congressman Peter DeFazio:
Via the Internet: http://www.house.gov/formdefazio/contact.html
Washington, D.C. Office:
2134 Rayburn House Office Building,
District of Columbia 20515-3704
Phone: (202) 225-6416
Fax: (202) 225-0032
Eugene Office: (more district offices)
405 East 8th Avenue, #2030
Eugene, Oregon 97401
Phone: (541) 465-6732
Fax: (541) 465-6458
Coos Bay Office:
125 Central, #350
Coos Bay, Oregon 97420
Phone: (541) 269-2609
Roseburg Office:
612 SE Jackson Street, #9
Roseburg, Oregon 97470
Phone: (541) 440-3523
Congressman Kurt Schrader:
Via the Internet: http://schrader.house.gov/?sectionid=7§iontree=4,7
Washington, D.C. Office:
1419 Longworth House Office Building,
District of Columbia 20515-3705
Phone: (202) 225-5711
Fax: (202) 225-5699
Salem Office:
494 State Street, Suite 210
Salem, Oregon 97301
Phone: (503) 588-9100
Fax: (503) 588-5517
Oregon City Office:
112 8th Street
Oregon City, Oregon 97045
Phone: (503) 557-1324
Fax: (503) 557-1981
Mexican Consulate, Portland:
1234 SW Morrison St.
Portland, OR 97205
Phone: (503) 274-1442
Fax: (503) 274-1540
E-mail: portland@sre.gob.mx
Mexican President Felipe Calderon:
Via the Internet:http://www.presidencia.gob.mx/
Click "In English," then click "Contact President's office."
PALACIO NACIONAL
Tunel de la Mortadela, Planta baja,
Col. Centro, Deleg. Cuauhtemoc.
C.P. 06067. Mexico, Distrito Federal.
Phone:
Atencion Telefonica.
01-800-080-1127
FAX
(55) 5093-4901
-- Margie Boule; marboule@aol.com
(end of article)
The second article, published on June 4, 2009 in The Oregonian, tells how to use the contact info above, as well as how to make differences in other ways. Thanks again, Margie, from all of us that care about Rebecca, but do not have a platform like The Oregonian to get this information out to a large readership.
(begin article)
How you can help Rebecca Roth, imprisoned in Mexico
by Margie Boule, The Oregonian
Thursday June 04, 2009, 6:01 AM
Last week I wrote an update on the outrageously unfair plight of Oregonian Rebecca Roth, jailed in Mexico for a crime she did not commit.
Unlike Americans who've been jailed elsewhere, who have benefited from national media coverage and our government's intervention, Rebecca never became a poster child for the travesties of justice that can occur to Americans abroad.
For a number of years, a man named Alyn Waage ran an Internet Ponzi scheme from headquarters in Mexico. He's admitted stealing at least $60 million.
Waage was apprehended in Costa Rica, convicted in the U.S. and sits in a federal prison.
Five years after his arrest, Rebecca Roth was arrested in Mexico. She'd worked for Waage for 18 weeks in 2001, standing in lines to pay Waage's utility bills.
Mexican authorities also arrested Waage's former cook, a Canadian. Canada went to bat for the cook. The prime minister even flew to Mexico to protest her arrest.
Both women were convicted of organized crime. Days later the Canadian was flown home at Canada's expense and released.
The American woman, Rebecca Roth, still sits in a filthy, hot, overcrowded Mexican prison. No member of the U.S. government has ever lifted a finger to help her, in spite of the fact Waage swears she knew nothing about his scam. His son, Cary Waage, gave U.S. investigators the names of everyone involved; Rebecca's name was not on the list.
Rebecca has proof of her innocence in the utility receipts she kept. The prosecutor's case against her was little more than a translation from English to Spanish of the U.S. case against Waage; Rebecca's name was mentioned just a few times in 12 boxes of papers submitted.
Many readers responded to last week's column, asking what could be done to help Rebecca.
Several suggested a fund be set up to raise money to bribe Mexican officials. The Oregonian is not endorsing that plan.
But here's a list of things you can do, and should do, to help a fellow Oregonian:
1. Write your political representatives. In the past, Oregon's senators and congressional representatives have responded by claiming they were "watching" her case, and that there was nothing they could do.
That's not true. American citizens in foreign prisons are assisted all the time by politicians. Just last week an American was released from an Iranian prison, after being convicted of espionage. Mexico is supposed to be our ally.
Urge politicians to give speeches on the floor of the Senate and House. Urge them to ask the State Department to become involved.
2. Write President Obama and Secretary of State Hillary Clinton. Ask them to intervene.
3. Write the president of Mexico, Felipe Calderon. Tell him you will not travel to Mexico or buy Mexican products until justice is served.
4. Contact the local Mexican consulate and urge Rebecca be released.
5. Do not travel to Mexico. This could be a wise decision even if Rebecca is not considered. The U.S. State Department has issued a travel alert for Mexico, warning of "imminent risk to the security of U.S. citizens."
6. Stop buying products from Mexico.
7. If you know people in Mexico, contact them and ask them to put pressure on their leaders for Rebecca's exoneration and release.
8. Start or sign an online petition of support for Rebecca.
9. Read the Web site run by Rebecca's ex-husband.
10. If you know anyone working in the national media, contact them and forward copies of my columns about Rebecca. Urge them to cover her plight. A national TV news program was interested in her story, but the warden of Alyn Waage's U.S. prison would not allow him to be interviewed on camera, and the news program declined to do a report.
11. Start or contribute to a fund to raise money to pay Rebecca's legal fees. Her sister and elderly mother have contributed $20,000 for inadequate legal representation; they cannot give more.
12. Contact organizations such as Amnesty International and make them aware of Rebecca's situation. Her rights, guaranteed by international treaties, were violated at and after her arrest. The U.S. consulate in Mexico did little to ensure these rights were observed.
13. Finally, send e-mails of support to Rebecca via my address, at the bottom of this column. I will forward them to her.
She is ill and living in unsanitary conditions. She is innocent and has six years left to serve in Mexico.
Alyn Waage will be freed before she is.
-- Margie Boule; marboule@aol.com
(end of article)
As the author of this blog, I would like to thank Margie again for all that she is doing to report the facts of this case and the important steps that private citizens can take to help.
Thursday, May 28, 2009
Latest article from Margie Boule in The Oregonian
The family and friends of Rebecca Roth would like to thank and gratefully acknowledge Margie Boule and The Oregonian for their continued interest in and exposure of the plight of Rebecca Roth, truly a Prisoner in Paradise.
Click HERE to see the original posting of the article in Margie Boule's column
MARGIE BOULÉ
Living blog from the The Oregonian columnist
Former Oregonian still sits in Mexican prison
by Margie Boule, The Oregonian
Thursday May 28, 2009, 5:58 AM
Last week an American journalist, Roxana Saberi, was released from prison in Iran after her sentence for espionage was cut by the Iranian government.
Roxana, 31 and beautiful, was set free after a global outcry. Hillary Clinton negotiated for her release. President Barack Obama himself made an appeal.
Today Roxana is safely within the borders of the U.S.
Former Lake Oswego resident Rebecca Roth still sits in a filthy, overcrowded Mexican prison.
To date, no U.S. politicians have spoken out in defense of a woman whom almost everyone familiar with her case -- except two Mexican judges and a prosecutor -- believes is innocent.
The contrast is stark. It hurts Rebecca and her family. Roxana is free. Rebecca is incarcerated.
Roxana is celebrating and thanking journalists and U.S. leaders who spoke out on her behalf.
Rebecca's family has never even had a response to their appeals for help to the U.S. State Department. Oregon's senators and representatives have said only that they are "watching" her case; no one has intervened or made speeches or visited Mexico.
There is more than the quick release of Roxana Saberi to point to, in contrast to Rebecca's plight.
Rebecca was living in Mexico in 2001, when she took a part-time job paying utility bills for a Canadian man named Alyn Waage. Because the bills could not be paid by mail in that country,
Rebecca was hired to stand in lines and settle accounts for the multimillionaire's many properties. She also made travel reservations for Alyn and his family.
Rebecca says she had no idea Alyn was actually running a massive Internet-based Ponzi scheme from his home in Puerto Vallarta.
U.S. officials who later prosecuted Alyn knew Rebecca was not involved in the scheme. She wasn't charged with a crime. She wasn't even called to testify at his U.S. trial in 2005. Alyn is now in a U.S. prison.
But in 2006, Mexico suddenly arrested Rebecca and a Canadian woman and charged them with organized crime. The Canadian had been Alyn's cook in Mexico.
What followed was a sickening study in contrasts. Canadian politicians were outraged. The Canadian prime minister flew to Mexico. The Canadian media made their citizen a household heroine north of our border. The government hired three high-priced attorneys to defend her.
Rebecca waited for the U.S. to assist her. Nothing happened. Officials at the U.S. consulate did not even ensure her rights to have a translator, to not be put in prison cells with convicted murderers or to have a speedy trial.
Some suggest the 2006 arrests were made because Vicente Fox was about to step down as Mexico's president and he wanted to brag that his administration had apprehended the "ringleaders." Rebecca's supporters believe the fix was in, long before the women's day in court arrived.
Both were convicted last year. Rebecca's attorney said then that the prosecution's entire case was a translation of the U.S. case against Alyn Waage; the women's names were mentioned on just a few pages in 12 boxes of documents.
Rebecca had spent two years in prison, awaiting her trial. A year of that time was spent waiting for the Mexican government to get a statement from Alyn Waage. After Alyn said the women had no knowledge of his scam, the Mexican government would not admit his statements at trial.
Within days of her conviction, the cook was flown in a government jet to Canada. She was released and began negotiating book and movie rights.
Rebecca, with only the support of her ex-husband David Dickinson and her sister, Barbara Roth, remained in prison in Mexico. She appealed. After more than a year of delays, the appeal was denied last month.
"She called me three hours after, after they'd tranquilized her," says Barbara by phone from Mexico. "She had let herself believe if it took this long, they surely were going to let her go.
"Her attorney was absolutely shocked. He said, 'She's completely innocent.' He even went so far as to say this is political."
Rebecca has three choices now: to sit in the Mexican prison for the remaining six years of her term; to arrange for a prisoner transfer to the U.S., sign a paper admitting guilt, perhaps serve many more years in prison (her crime has a longer sentence in the U.S.) and live the rest of her life as a convicted felon; or appeal to a higher court in Mexico.
Rebecca is 51 and in poor health. Unlike Roxana Saberi, Rebecca is not a former Miss America contestant, with connections and a front-page smile.
She lived in Oregon almost all her life until she moved to Mexico in 1999 for health reasons.
"She's an innocent American sitting in a Mexican prison," Barbara says. "And our government won't even acknowledge us. It just doesn't care."
Read Margie's previous columns about Rebecca Roth:
April 27, 2008: Why is a former Lake Oswego woman in a Mexican prison?
May 1, 2008: American still in squalid conditions in Mexican jail
June 1, 2008: She's spent two years in a Mexican prison -- now they want 23 more
Oct. 12, 2008: An ordinary Oregonian in paradise falls into the deep hole they call the Mexican justice system
-- Margie Boule: marboule@aol.com
Click HERE to see the original posting of the article in Margie Boule's column
MARGIE BOULÉ
Living blog from the The Oregonian columnist
Former Oregonian still sits in Mexican prison
by Margie Boule, The Oregonian
Thursday May 28, 2009, 5:58 AM
Last week an American journalist, Roxana Saberi, was released from prison in Iran after her sentence for espionage was cut by the Iranian government.
Roxana, 31 and beautiful, was set free after a global outcry. Hillary Clinton negotiated for her release. President Barack Obama himself made an appeal.
Today Roxana is safely within the borders of the U.S.
Former Lake Oswego resident Rebecca Roth still sits in a filthy, overcrowded Mexican prison.
To date, no U.S. politicians have spoken out in defense of a woman whom almost everyone familiar with her case -- except two Mexican judges and a prosecutor -- believes is innocent.
The contrast is stark. It hurts Rebecca and her family. Roxana is free. Rebecca is incarcerated.
Roxana is celebrating and thanking journalists and U.S. leaders who spoke out on her behalf.
Rebecca's family has never even had a response to their appeals for help to the U.S. State Department. Oregon's senators and representatives have said only that they are "watching" her case; no one has intervened or made speeches or visited Mexico.
There is more than the quick release of Roxana Saberi to point to, in contrast to Rebecca's plight.
Rebecca was living in Mexico in 2001, when she took a part-time job paying utility bills for a Canadian man named Alyn Waage. Because the bills could not be paid by mail in that country,
Rebecca was hired to stand in lines and settle accounts for the multimillionaire's many properties. She also made travel reservations for Alyn and his family.
Rebecca says she had no idea Alyn was actually running a massive Internet-based Ponzi scheme from his home in Puerto Vallarta.
U.S. officials who later prosecuted Alyn knew Rebecca was not involved in the scheme. She wasn't charged with a crime. She wasn't even called to testify at his U.S. trial in 2005. Alyn is now in a U.S. prison.
But in 2006, Mexico suddenly arrested Rebecca and a Canadian woman and charged them with organized crime. The Canadian had been Alyn's cook in Mexico.
What followed was a sickening study in contrasts. Canadian politicians were outraged. The Canadian prime minister flew to Mexico. The Canadian media made their citizen a household heroine north of our border. The government hired three high-priced attorneys to defend her.
Rebecca waited for the U.S. to assist her. Nothing happened. Officials at the U.S. consulate did not even ensure her rights to have a translator, to not be put in prison cells with convicted murderers or to have a speedy trial.
Some suggest the 2006 arrests were made because Vicente Fox was about to step down as Mexico's president and he wanted to brag that his administration had apprehended the "ringleaders." Rebecca's supporters believe the fix was in, long before the women's day in court arrived.
Both were convicted last year. Rebecca's attorney said then that the prosecution's entire case was a translation of the U.S. case against Alyn Waage; the women's names were mentioned on just a few pages in 12 boxes of documents.
Rebecca had spent two years in prison, awaiting her trial. A year of that time was spent waiting for the Mexican government to get a statement from Alyn Waage. After Alyn said the women had no knowledge of his scam, the Mexican government would not admit his statements at trial.
Within days of her conviction, the cook was flown in a government jet to Canada. She was released and began negotiating book and movie rights.
Rebecca, with only the support of her ex-husband David Dickinson and her sister, Barbara Roth, remained in prison in Mexico. She appealed. After more than a year of delays, the appeal was denied last month.
"She called me three hours after, after they'd tranquilized her," says Barbara by phone from Mexico. "She had let herself believe if it took this long, they surely were going to let her go.
"Her attorney was absolutely shocked. He said, 'She's completely innocent.' He even went so far as to say this is political."
Rebecca has three choices now: to sit in the Mexican prison for the remaining six years of her term; to arrange for a prisoner transfer to the U.S., sign a paper admitting guilt, perhaps serve many more years in prison (her crime has a longer sentence in the U.S.) and live the rest of her life as a convicted felon; or appeal to a higher court in Mexico.
Rebecca is 51 and in poor health. Unlike Roxana Saberi, Rebecca is not a former Miss America contestant, with connections and a front-page smile.
She lived in Oregon almost all her life until she moved to Mexico in 1999 for health reasons.
"She's an innocent American sitting in a Mexican prison," Barbara says. "And our government won't even acknowledge us. It just doesn't care."
Read Margie's previous columns about Rebecca Roth:
April 27, 2008: Why is a former Lake Oswego woman in a Mexican prison?
May 1, 2008: American still in squalid conditions in Mexican jail
June 1, 2008: She's spent two years in a Mexican prison -- now they want 23 more
Oct. 12, 2008: An ordinary Oregonian in paradise falls into the deep hole they call the Mexican justice system
-- Margie Boule: marboule@aol.com
Wednesday, May 27, 2009
APPEAL REJECTED
(If you are new to this blog, please take a moment to review previous entries to understand the context and implications of this blog post.)
After waiting for nearly a year, Rebecca Roth has heard about her appeal. As you can see by the title of this entry, it was not what she had hoped for. Her appeal has been rejected and conviction upheld. Absolutely mind boggling!
Of course, the purpose of an appeal is for the entire case to be reviewed with new eyes to determine if the initial conviction should be upheld and if the conclusions were just in the eyes of the law. In light of the fact that there was no real evidence of any wrongdoing by Rebecca Roth, one might think that surely a new set of eyes would see the case was not prosecuted in a fair and honest manner and that the conclusions would be different. Amazingly, the appeal judge came to the same conclusions that the initial judge did. From what I understand, it was pretty much verbatim. Rebecca feels that the appeal judge simply reviewed the sentencing document or was pressured from above. It's hard to say what the truth is.
It is still my contention that the Mexican judicial system is saving face. (See previous blog entries)
Rebecca was absolutely devastated at the outcome of her appeal and has just now come out of the darkness to a point where she can speak about it.
Nothing has changed about her guilt or innocence. She is innocent. No one involved in the crime ever implicated her. In fact, as stated in this blog previously, Alyn Waage, the mastermind behind the TriWest ponze scheme stated in writing to the court that Rebecca Roth was not a part of any wrong doing. She was quite simply an employee. Our own FBI that investigated the case and the Federal Prosecutor's office that convicted Alyn Waage didn't feel a need to prosecute Rebecca Roth. They never even had a desire to ask Rebecca any questions.
There are two options available to Rebecca at this point.
1. A prisoner transfer
2. An AMPARO
A prisoner transfer would require a number of things, but one of the biggest issues in Rebecca's mind is that she would have to admit guilt; not something she is prepared to do, even to get out of the Mexican prison where she is being held. Another consideration is that the agreement between the US and Mexico involving prisoner transfers is that the transfer from Mexico to the US would take place through Monterrey, Mexico. That particular area of Mexico has experienced a great deal of drug cartel activity and Rebecca fears for her safety should she decide to agree to being transferred into that environment, even for the time for the transfer to happen. That could take several weeks or more... plenty of time for an attack by a stranger. While authorities state that she should not be concerned, she is not convinced.
Many people that have been reading this blog over time have asked "Where is the US Consulate or State Department and what are they doing to assist Rebecca?" Recently, many have asked "If the US could act so quickly to get a US citizen out of Iran (our enemy) that had been accused of spying, then why can't they do something for a US citizen in Mexico (our friend) that is so blatantly innocent?" That answers to those questions lies deep in the bowels of the State Department. When the US Consulate official in Mexico (the latest in a string of individuals that seem to be transferred all too often to be effective) was asked if they could go directly to the Secretary of State to provide assistance, the answer was along the lines of not having the ability to do that.
So, Rebecca Roth continues to sit in the Women's Detention Center in Guadalajara, Mexico for crimes that she did not commit and that had no victims in Mexico. What? There were no victims in Mexico for the Mexican authorities to seek punishment or restitution for? Amazing, isn't it?
Margie Bouhle of The Oregonian is currently writing an editorial to be published soon. I will try to get a link to that published here as soon as possible. Until then, please say a prayer for Rebecca and if anyone out there has a way to contact Hillary Clinton, please do so. Wouldn't it be wonderful if it was that simple? I'd call her personally, but I don't think I'd get through.
After waiting for nearly a year, Rebecca Roth has heard about her appeal. As you can see by the title of this entry, it was not what she had hoped for. Her appeal has been rejected and conviction upheld. Absolutely mind boggling!
Of course, the purpose of an appeal is for the entire case to be reviewed with new eyes to determine if the initial conviction should be upheld and if the conclusions were just in the eyes of the law. In light of the fact that there was no real evidence of any wrongdoing by Rebecca Roth, one might think that surely a new set of eyes would see the case was not prosecuted in a fair and honest manner and that the conclusions would be different. Amazingly, the appeal judge came to the same conclusions that the initial judge did. From what I understand, it was pretty much verbatim. Rebecca feels that the appeal judge simply reviewed the sentencing document or was pressured from above. It's hard to say what the truth is.
It is still my contention that the Mexican judicial system is saving face. (See previous blog entries)
Rebecca was absolutely devastated at the outcome of her appeal and has just now come out of the darkness to a point where she can speak about it.
Nothing has changed about her guilt or innocence. She is innocent. No one involved in the crime ever implicated her. In fact, as stated in this blog previously, Alyn Waage, the mastermind behind the TriWest ponze scheme stated in writing to the court that Rebecca Roth was not a part of any wrong doing. She was quite simply an employee. Our own FBI that investigated the case and the Federal Prosecutor's office that convicted Alyn Waage didn't feel a need to prosecute Rebecca Roth. They never even had a desire to ask Rebecca any questions.
There are two options available to Rebecca at this point.
1. A prisoner transfer
2. An AMPARO
A prisoner transfer would require a number of things, but one of the biggest issues in Rebecca's mind is that she would have to admit guilt; not something she is prepared to do, even to get out of the Mexican prison where she is being held. Another consideration is that the agreement between the US and Mexico involving prisoner transfers is that the transfer from Mexico to the US would take place through Monterrey, Mexico. That particular area of Mexico has experienced a great deal of drug cartel activity and Rebecca fears for her safety should she decide to agree to being transferred into that environment, even for the time for the transfer to happen. That could take several weeks or more... plenty of time for an attack by a stranger. While authorities state that she should not be concerned, she is not convinced.
Many people that have been reading this blog over time have asked "Where is the US Consulate or State Department and what are they doing to assist Rebecca?" Recently, many have asked "If the US could act so quickly to get a US citizen out of Iran (our enemy) that had been accused of spying, then why can't they do something for a US citizen in Mexico (our friend) that is so blatantly innocent?" That answers to those questions lies deep in the bowels of the State Department. When the US Consulate official in Mexico (the latest in a string of individuals that seem to be transferred all too often to be effective) was asked if they could go directly to the Secretary of State to provide assistance, the answer was along the lines of not having the ability to do that.
So, Rebecca Roth continues to sit in the Women's Detention Center in Guadalajara, Mexico for crimes that she did not commit and that had no victims in Mexico. What? There were no victims in Mexico for the Mexican authorities to seek punishment or restitution for? Amazing, isn't it?
Margie Bouhle of The Oregonian is currently writing an editorial to be published soon. I will try to get a link to that published here as soon as possible. Until then, please say a prayer for Rebecca and if anyone out there has a way to contact Hillary Clinton, please do so. Wouldn't it be wonderful if it was that simple? I'd call her personally, but I don't think I'd get through.
Friday, February 13, 2009
STRIP AWAY ALL FALSE BELIEFS
Once again, Rebecca has written an article for the blog. Here she talks about justice from the perspective of someone on the wrong side of injustice.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I read this one to Vicki, my Psychologist, and she said, “How are you going to do that?”
I said, “I’ve already been doing it since I got here.”
Learning and then finally accepting that Justice doesn’t really exist is a very difficult lesson. Even after all of the lies I was told by authorities here, after the outright refusal to reveal, then honor my Human Rights under the Mexican Constitution, and International Laws, after deliberate attempts were made to withhold information from me which would allow me the tools I desperately needed in order to form an adequate defense, after all of these psychological atrocities, the day of my hearing arrived and my mental picture of Justice remained unchanged as I sat in front of dozens of Canadian Reporters, 2 representatives of my American Consulate, my sister, my attorney, my co-accused Brenda Martin, presenting my arguments against the conclusions made by the prosecution.
My mind couldn’t process the scene that was unfolding, being played out. I thought, “Why doesn’t the Judge seem interested in what I am presenting and saying? Why does he take these chronological charts and evidence charts from me and not even glance at them before tossing them to one side? How naive I was to think that this “Hearing” was anything more than going through the motions. I resolved to present my charts and the 14 pages of text, which were all being translated into the ever growing voluminous tomes of paper accumulated in this case. If for no other reason than to preserve my right to do so. Clearly the Judge and oddly enough, Brenda Martin were sending impatient messages for me to conclude my futile attempts to – as I mistakenly thought – to adequately defend myself.
But, where did I go wrong in my thinking? By believing in the programmed image of what Justice looks like. Remember the scales of Justice? How they weigh out the evidence with impartiality. I believed that these hard-wired images, always unchangeably true for me, were true for the Judge who had the responsibility to view the case impartially.
This false belief turned into a low blow, an implosion of my belief system surrounding Justice. But, why would the Judge work so hard to twist the evidence so he could hand down a minimum sentence on both charges?
-- Proclaiming that I confessed! This can’t be legal – using a translated declaration (made as a witness not a suspect). Nowhere is there a confirmation by me that I was making a ‘confession’. Isn’t that part of what is required in a confession – that the party confessing knows they are confessing? According to the translated Sentencing Document, inferring that I was involved. According to the word infer used many times in the Conclusions, this is to take a known fact and extrapolate an unknown fact out of it. In other words --- guessing.
-- Guilt by association. Because Alyn Waage opened bank accounts all over the world and bought high end Real Estate all over Mexico, I am said to be guilty of doing this – also because he made wire transfers all over the world they say I am guilty of this too. If he shot someone while he was out of the country – using this logic then I would be guilty of pulling the trigger?
-- They don’t need to prove a crime was committed to apply the Organized Crime charge. “1984” – Where are the ‘thought Police’, because to be guilty of Organized Crime in this country (Mexico) you only have to discuss doing something illegal with 2 other persons (which I did not do) . Alyn Waage’s son’s confession puts the formation of this business at a date before I even knew them, and Cary Waage’s confession spells out the members of the organization and he doesn’t list me as one of them. Also, it should be noted that Cary Waage was asked if he understood that he was making a confession and if he understood what he was saying was a confession. No one ever asked me this question! They asked him if he accepted responsibility for this crime. He said, “yes”. No one asked me that question here in Mexico or in the US.
-- Not needing to prove what it was I did for Alyn Waage. Because they refused to accept my explanation of what my job was, they cited a rule, that they don’t have to prove the individual’s role in the organization because to have to do that would break down their ability to prosecute this type of crime!
There is a mountain of deceptive twists, errors, omissions and outright lies written into the Sentencing Document. My Public Defender (attorney) stated that what the Judge of the 7th District Court has done is nothing less than ‘Abuse of Power’.
Human beings are like computers. We are all programmed that certain things- such as in this example, Justice- are implemented using fair and unbiased reasoning in the same way. This has not been my experience and the aftermath of this deception sent me into a shaky dissolution of questioning what it is that I know for sure. What I know for sure now, is that I don’t know anything for sure. This is one example of stripping away false beliefs. This is not a bad thing, although it is a difficult thing to understand.
THE DISSOLUTION OF JUSTICE
I believe that modifying my programmed image of Justice will be a process. I am not about to accept this corrupt version to take the place of True Justice. I only have to recognize that it does exist and to be aware of its existence, yet strive to resurrect the True image of Justice whenever I am in a position to do so.
Poem:
THE DISSOLUTION OF JUSTICE
While justice was away
On holiday
Her evil counterparts
Deception, bias and corruption
Came to stay
Condemn, condemn, condemn we say
For there really isn’t any other way
To keep your status and high pay
To avoid your own condemnation anyway.
But when Justice returned one day
The locks were changed, she couldn’t stay
Slowly, sadly she turned away
Lifted her arms began to pray
“God lift the burden of dissolution
From my shoulders, awaken the
Sleeping conscience of the deceived
And comfort the victims with
Peace, long suffering and patience”
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I read this one to Vicki, my Psychologist, and she said, “How are you going to do that?”
I said, “I’ve already been doing it since I got here.”
Learning and then finally accepting that Justice doesn’t really exist is a very difficult lesson. Even after all of the lies I was told by authorities here, after the outright refusal to reveal, then honor my Human Rights under the Mexican Constitution, and International Laws, after deliberate attempts were made to withhold information from me which would allow me the tools I desperately needed in order to form an adequate defense, after all of these psychological atrocities, the day of my hearing arrived and my mental picture of Justice remained unchanged as I sat in front of dozens of Canadian Reporters, 2 representatives of my American Consulate, my sister, my attorney, my co-accused Brenda Martin, presenting my arguments against the conclusions made by the prosecution.
My mind couldn’t process the scene that was unfolding, being played out. I thought, “Why doesn’t the Judge seem interested in what I am presenting and saying? Why does he take these chronological charts and evidence charts from me and not even glance at them before tossing them to one side? How naive I was to think that this “Hearing” was anything more than going through the motions. I resolved to present my charts and the 14 pages of text, which were all being translated into the ever growing voluminous tomes of paper accumulated in this case. If for no other reason than to preserve my right to do so. Clearly the Judge and oddly enough, Brenda Martin were sending impatient messages for me to conclude my futile attempts to – as I mistakenly thought – to adequately defend myself.
But, where did I go wrong in my thinking? By believing in the programmed image of what Justice looks like. Remember the scales of Justice? How they weigh out the evidence with impartiality. I believed that these hard-wired images, always unchangeably true for me, were true for the Judge who had the responsibility to view the case impartially.
This false belief turned into a low blow, an implosion of my belief system surrounding Justice. But, why would the Judge work so hard to twist the evidence so he could hand down a minimum sentence on both charges?
-- Proclaiming that I confessed! This can’t be legal – using a translated declaration (made as a witness not a suspect). Nowhere is there a confirmation by me that I was making a ‘confession’. Isn’t that part of what is required in a confession – that the party confessing knows they are confessing? According to the translated Sentencing Document, inferring that I was involved. According to the word infer used many times in the Conclusions, this is to take a known fact and extrapolate an unknown fact out of it. In other words --- guessing.
-- Guilt by association. Because Alyn Waage opened bank accounts all over the world and bought high end Real Estate all over Mexico, I am said to be guilty of doing this – also because he made wire transfers all over the world they say I am guilty of this too. If he shot someone while he was out of the country – using this logic then I would be guilty of pulling the trigger?
-- They don’t need to prove a crime was committed to apply the Organized Crime charge. “1984” – Where are the ‘thought Police’, because to be guilty of Organized Crime in this country (Mexico) you only have to discuss doing something illegal with 2 other persons (which I did not do) . Alyn Waage’s son’s confession puts the formation of this business at a date before I even knew them, and Cary Waage’s confession spells out the members of the organization and he doesn’t list me as one of them. Also, it should be noted that Cary Waage was asked if he understood that he was making a confession and if he understood what he was saying was a confession. No one ever asked me this question! They asked him if he accepted responsibility for this crime. He said, “yes”. No one asked me that question here in Mexico or in the US.
-- Not needing to prove what it was I did for Alyn Waage. Because they refused to accept my explanation of what my job was, they cited a rule, that they don’t have to prove the individual’s role in the organization because to have to do that would break down their ability to prosecute this type of crime!
There is a mountain of deceptive twists, errors, omissions and outright lies written into the Sentencing Document. My Public Defender (attorney) stated that what the Judge of the 7th District Court has done is nothing less than ‘Abuse of Power’.
Human beings are like computers. We are all programmed that certain things- such as in this example, Justice- are implemented using fair and unbiased reasoning in the same way. This has not been my experience and the aftermath of this deception sent me into a shaky dissolution of questioning what it is that I know for sure. What I know for sure now, is that I don’t know anything for sure. This is one example of stripping away false beliefs. This is not a bad thing, although it is a difficult thing to understand.
THE DISSOLUTION OF JUSTICE
I believe that modifying my programmed image of Justice will be a process. I am not about to accept this corrupt version to take the place of True Justice. I only have to recognize that it does exist and to be aware of its existence, yet strive to resurrect the True image of Justice whenever I am in a position to do so.
Poem:
THE DISSOLUTION OF JUSTICE
While justice was away
On holiday
Her evil counterparts
Deception, bias and corruption
Came to stay
Condemn, condemn, condemn we say
For there really isn’t any other way
To keep your status and high pay
To avoid your own condemnation anyway.
But when Justice returned one day
The locks were changed, she couldn’t stay
Slowly, sadly she turned away
Lifted her arms began to pray
“God lift the burden of dissolution
From my shoulders, awaken the
Sleeping conscience of the deceived
And comfort the victims with
Peace, long suffering and patience”
Tuesday, February 10, 2009
FOR THE BLOG FROM REBECCA ROTH
February 10, 2009
TO ALL FRIENDS AND SUPPORTERS:
The past few months have been a period of hopeful waiting beginning with the assignment of the Magistrate Parra-Parra on April 22nd, the date I was sentenced and I appealed the sentence. Next, the visit to her by my sister Barbara and friend Lucy, in which they were told by the Magistrate that she was reviewing my case. LIE
Also, the US Consulate sent a letter during this time and was told by this magistrate that she was reviewing my case with “a good eye” meaning thoroughly. LIE
Then on October 3rd, the court notifier and court translator came to let me know that my case had been sent along with another 24 cases to the State of Guanajuato, the equivalent of sending a case from Washington State (Olympia) to Salem, Oregon. The reason I was told that it had been sent was because of an agreement between the Mexican states of Jalisco and Guanajuato to help each other out when they were overburdened with work. My Public Defender (attorney) Mario Lamas Guzman assured me that he thought this was a good thing and that it would speed up the process.
I really didn’t know what to think since I had already been told that the 1st magistrate was very hard working was not afraid to make decisions and couldn’t be pressured into doing something by the Ministerio Publico (the enemy).
Now I was being told that this new magistrate was removed from the politics in play here in Jalisco and that he would be left in peace by all parties so that he could accomplish his work quicker and without the bias we had seen with the 1st Judge. Also, I was told that 4-5 cases were coming back per week and the results and been very positive since they (the tribunal in Guanajuato) were using a new criteria.
In November, my sister Barbara and friend Lucy got in the car and went to Guanajuato (a six hour drive) to see the new Judge. They received a lukewarm reception and were granted a whole 15 minutes in which they learned that after 4 weeks in his possession my case was still on the bottom of his other cases to review (he had been told my case was difficult) and that he would do his best to review it before the end of the year. LIE
On New Year’s Eve I spoke to my sister and ex-husband telling them jokingly that the magistrate only had about 7 hours left to render a decision. At 7 PM I was called to the Locutoria – which is the Plexiglas room where attorneys and other visitors come to communicate or deliver notifications. I put on my putty colored prison dress and the adrenalin was pumping…Could I be going free on New Year’s Eve 2008? Nervous tears literally sprung from my eyes as a mixture of emotions, anticipation, hope and dread came upon me. Esmeralda and Leah waited by the cell block door as I walked out into the chilly night.
It turned out to be my dedicated lawyer, a Public Defender whose colleagues belittle him for working so hard and caring so much. His wife and family don’t understand why he works such long hours either. He came to tell me that now, the earliest we would hear would be January 15th, as that is about the time the magistrates actually begin working again. That night I told my attorney to explain to his wife and children, that only by the work of dedicated men like him would Justice ever have any hope of re-entering into this sick decaying system. And that they are suffering by his absence so that by his efforts and God’s protection, the rampant injustice that is a daily reality in this country will never make it to their doorstep.
Once again, I was appeased to wait till the 15th. However, I began to feel anxiety building on the 13th, 14th, 15th, etc. Finally I went to my psychologist for some Flower Drops she puts in water for depression and anxiety. That week I had an Asthma crisis which landed me into the clinic here early one morning. I was unable to breathe and my roommates covered me in blankets and took me to the clinic, where a Supervising guard asked them why they brought me there as there was no doctor. Upon hearing this, I willed myself to calm down. I was unable to speak. I’m not sure how much time passed when the Pediatrician arrived and injected me with something and gave me a nebulizer treatment. They were unable to locate my mask and nebulizer but I was grateful to be breathing again. Over the next four days after asking all personnel, I learned that not only my nebulizer and mask are gone, but the other three as well. (Many months previously a Rotarian from Puerto Vallarta had brought 5 new nebulizers and masks to donate to the prison with the provision that one set would be solely for my use.)
Once again I was sharing a dirty mask with all Asthma sufferers. Thank God I am becoming healthier every day.
My sister received an email from someone in Puerto Vallarta who is supposed to know what is going on with my case. This person told us months ago that I would be leaving. They didn’t know when…but that I would be leaving. Now this email stated by the end of January. You guessed it, January 31st has come and gone.
Last Friday Lucy was here and told me she’d talked to my attorney about my illness and growing anxiety. He had promised her that he would come to see me. Yesterday the US Consulate came for their 90 day visit (early they said) due to the email my sister sent regarding the Asthma Crisis and the missing donated nebulizers.
They brought me used: The New Yorker, The Economist, a Novel, 3 bras, 2 socks, 1 pair of Wilson tennis shoes, hotel and spa sized soaps, shampoo and conditioner.
I received the same party line of non-interference from the new American Citizen Services “suit” and we went through the same scenario. It brought to mind (appropriately due to the current dates FEBRUARY 2 IS GROUND HOG DAY in which Bill Murray (ME) continues to relive the same day over and over again. Only in my case it’s the endless revolving bureaucrats who represent the USA in Mexico. I relive these every 90 day meetings with new faces spouting the same worn out lines, like in “Ground Hog Day.” How can I cope?
In the afternoon I was called to the Locutorio and once again…This time it was my attorney wondering why I am so anxious and depressed. I said, “I’ve been waiting since April 22, 2008 for my Appeal. He said “yes”, but remember the first Magistrate didn’t do anything for four months! I said, “It doesn’t look like the second one is doing anything either.” I asked him if he really believed that this magistrate was going to do his job and clear me of these charges? He said, “I must believe it and you must believe it too.”
Barbara reassures me by telling me the more injustice that occurs; the greater the final outcome is going to be. I’m trying not to take a position on this. But at the end of the day, Ana Maria Salaras my Imagin Radio Mexican News in English had something to say. Her listeners were surveyed and they indicated (a majority of them), that if they were witnesses to a crime, they would not report it or get involved in any way: 1) They don’t trust the Police, 2) They don’t trust the Judges, 3) They don’t trust the Legal System. Ana Maria’s guest and she too, indicated that because of the lack of transparency and accountability in these areas, they can never expect people to cooperate with the law enforcement agencies.
REMEMBER in 2001, I WAS A WITNESS! In 2006, when they arrested me, they told me in Puerto Vallarta that the authorities in Guadalajara only wanted an augmentation of my first declaration as a witness. ALL LIES!
After I heard this widely held belief on the radio, I couldn’t sleep for hours trying to cry silently so as to not disturb the other 13 victims in my room with my despair. Transparency – means the work that the authorities do is done openly and not in secret, behind closed doors without accountability.
I still believe in my Public Defender Mario Lamas Guzman, however he left me with this final shot – He said, “What does it matter if it takes another 2-3 months, if the Judge acquits you in the end.”
TO ALL FRIENDS AND SUPPORTERS:
The past few months have been a period of hopeful waiting beginning with the assignment of the Magistrate Parra-Parra on April 22nd, the date I was sentenced and I appealed the sentence. Next, the visit to her by my sister Barbara and friend Lucy, in which they were told by the Magistrate that she was reviewing my case. LIE
Also, the US Consulate sent a letter during this time and was told by this magistrate that she was reviewing my case with “a good eye” meaning thoroughly. LIE
Then on October 3rd, the court notifier and court translator came to let me know that my case had been sent along with another 24 cases to the State of Guanajuato, the equivalent of sending a case from Washington State (Olympia) to Salem, Oregon. The reason I was told that it had been sent was because of an agreement between the Mexican states of Jalisco and Guanajuato to help each other out when they were overburdened with work. My Public Defender (attorney) Mario Lamas Guzman assured me that he thought this was a good thing and that it would speed up the process.
I really didn’t know what to think since I had already been told that the 1st magistrate was very hard working was not afraid to make decisions and couldn’t be pressured into doing something by the Ministerio Publico (the enemy).
Now I was being told that this new magistrate was removed from the politics in play here in Jalisco and that he would be left in peace by all parties so that he could accomplish his work quicker and without the bias we had seen with the 1st Judge. Also, I was told that 4-5 cases were coming back per week and the results and been very positive since they (the tribunal in Guanajuato) were using a new criteria.
In November, my sister Barbara and friend Lucy got in the car and went to Guanajuato (a six hour drive) to see the new Judge. They received a lukewarm reception and were granted a whole 15 minutes in which they learned that after 4 weeks in his possession my case was still on the bottom of his other cases to review (he had been told my case was difficult) and that he would do his best to review it before the end of the year. LIE
On New Year’s Eve I spoke to my sister and ex-husband telling them jokingly that the magistrate only had about 7 hours left to render a decision. At 7 PM I was called to the Locutoria – which is the Plexiglas room where attorneys and other visitors come to communicate or deliver notifications. I put on my putty colored prison dress and the adrenalin was pumping…Could I be going free on New Year’s Eve 2008? Nervous tears literally sprung from my eyes as a mixture of emotions, anticipation, hope and dread came upon me. Esmeralda and Leah waited by the cell block door as I walked out into the chilly night.
It turned out to be my dedicated lawyer, a Public Defender whose colleagues belittle him for working so hard and caring so much. His wife and family don’t understand why he works such long hours either. He came to tell me that now, the earliest we would hear would be January 15th, as that is about the time the magistrates actually begin working again. That night I told my attorney to explain to his wife and children, that only by the work of dedicated men like him would Justice ever have any hope of re-entering into this sick decaying system. And that they are suffering by his absence so that by his efforts and God’s protection, the rampant injustice that is a daily reality in this country will never make it to their doorstep.
Once again, I was appeased to wait till the 15th. However, I began to feel anxiety building on the 13th, 14th, 15th, etc. Finally I went to my psychologist for some Flower Drops she puts in water for depression and anxiety. That week I had an Asthma crisis which landed me into the clinic here early one morning. I was unable to breathe and my roommates covered me in blankets and took me to the clinic, where a Supervising guard asked them why they brought me there as there was no doctor. Upon hearing this, I willed myself to calm down. I was unable to speak. I’m not sure how much time passed when the Pediatrician arrived and injected me with something and gave me a nebulizer treatment. They were unable to locate my mask and nebulizer but I was grateful to be breathing again. Over the next four days after asking all personnel, I learned that not only my nebulizer and mask are gone, but the other three as well. (Many months previously a Rotarian from Puerto Vallarta had brought 5 new nebulizers and masks to donate to the prison with the provision that one set would be solely for my use.)
Once again I was sharing a dirty mask with all Asthma sufferers. Thank God I am becoming healthier every day.
My sister received an email from someone in Puerto Vallarta who is supposed to know what is going on with my case. This person told us months ago that I would be leaving. They didn’t know when…but that I would be leaving. Now this email stated by the end of January. You guessed it, January 31st has come and gone.
Last Friday Lucy was here and told me she’d talked to my attorney about my illness and growing anxiety. He had promised her that he would come to see me. Yesterday the US Consulate came for their 90 day visit (early they said) due to the email my sister sent regarding the Asthma Crisis and the missing donated nebulizers.
They brought me used: The New Yorker, The Economist, a Novel, 3 bras, 2 socks, 1 pair of Wilson tennis shoes, hotel and spa sized soaps, shampoo and conditioner.
I received the same party line of non-interference from the new American Citizen Services “suit” and we went through the same scenario. It brought to mind (appropriately due to the current dates FEBRUARY 2 IS GROUND HOG DAY in which Bill Murray (ME) continues to relive the same day over and over again. Only in my case it’s the endless revolving bureaucrats who represent the USA in Mexico. I relive these every 90 day meetings with new faces spouting the same worn out lines, like in “Ground Hog Day.” How can I cope?
In the afternoon I was called to the Locutorio and once again…This time it was my attorney wondering why I am so anxious and depressed. I said, “I’ve been waiting since April 22, 2008 for my Appeal. He said “yes”, but remember the first Magistrate didn’t do anything for four months! I said, “It doesn’t look like the second one is doing anything either.” I asked him if he really believed that this magistrate was going to do his job and clear me of these charges? He said, “I must believe it and you must believe it too.”
Barbara reassures me by telling me the more injustice that occurs; the greater the final outcome is going to be. I’m trying not to take a position on this. But at the end of the day, Ana Maria Salaras my Imagin Radio Mexican News in English had something to say. Her listeners were surveyed and they indicated (a majority of them), that if they were witnesses to a crime, they would not report it or get involved in any way: 1) They don’t trust the Police, 2) They don’t trust the Judges, 3) They don’t trust the Legal System. Ana Maria’s guest and she too, indicated that because of the lack of transparency and accountability in these areas, they can never expect people to cooperate with the law enforcement agencies.
REMEMBER in 2001, I WAS A WITNESS! In 2006, when they arrested me, they told me in Puerto Vallarta that the authorities in Guadalajara only wanted an augmentation of my first declaration as a witness. ALL LIES!
After I heard this widely held belief on the radio, I couldn’t sleep for hours trying to cry silently so as to not disturb the other 13 victims in my room with my despair. Transparency – means the work that the authorities do is done openly and not in secret, behind closed doors without accountability.
I still believe in my Public Defender Mario Lamas Guzman, however he left me with this final shot – He said, “What does it matter if it takes another 2-3 months, if the Judge acquits you in the end.”
Saturday, February 7, 2009
A post from Rebecca's sister
From the home of Barbara Moodhe
February 5, 2009
These notes are from this morning’s conversation with Rebecca including her Public Defender’s comments, the Consulate’s comments made on 2/4/09. I have also included Rebecca’s comments on these subjects.
BACKGROUND:
Rebecca was sentenced to 9 years on April 22, 2008.
I went to see the woman judge to make a family appeal on September 10, 2008. I took Lucie E. to translate. In spite of a good meeting for an hour, Rebecca’s case was later transferred to Juanajuato with 12 other cases from Jalisco, saying that this would speed up her case due to an enormous amount of cases being processed in Jalisco.
On November 11, 2008, Lucie E. my translator drove me to Juanajuato to see the Judge.
He gave us 15 minutes. I wasn’t able to communicate much to him as he said that he would take my notes and those that were in Spanish from the translator. He said that
He would try to have his decision in before the end of the year. He admitted that since he was told by the people giving over these cases to him that Rebecca’s was difficult, he had placed her at the bottom of that pile.
We didn’t get any word of a decision by the end of the year. Instead we were told by
Rebecca’s Public Defender that it would probably be made by the end of January.
1) Yesterday, 2/4/2009, her Public Defender came and told her it could be another 3 months.
Inferring that the judge was going on with other cases and getting to hers as he had time.
The only thing that makes this case difficult is the Disorganization of the Prosecuting Attorney, misinformation, and total fabrications.
Rebecca asks:
WHY IS THERE NO ACCOUNTABILITY FOR THE JUDGES?
WHY IS THEIR WORK DONE IN SECRECY? NO TRANSPARENCY?
WHY CAN’T HER PUBLIC DEFENDER TALK TO THE JUDGE?
WHO IS IN CHARGE OF THE JUDGES?
2) The new consulate person came and introduced herself as Janie Friedline. She was accompanied by Anna Kling. They spoke the same line of “know nothing” that all of the others have done over the past 3 years.
When Rebecca asked about the aforementioned information from her Public Defender, she was told that she had to go through her attorney and that he had to deal with these problems, that these were not anything the consulate could deal with. The brought her used tennis shoes, used bras, old magazines.
Janie didn’t give her a phone number to call or an email.
Rebecca finally got the name of the Consul General Edward Romatowski.
Rebecca told her about the 5 – 7 missing nebulizers. They said that they would check into this and into the medical procedures.
In light of the fact that it is reported daily in the newspapers that witnesses won’t come forward in Mexico because of the corruption in the legal system, Rebecca relates to her own experience when she was told to be a witness in 2002 in Puerto Vallarta. She was not told that she was being asked questions that would be later twisted into a “confession”. It was taken in Spanish which Rebecca did not speak
Rebecca mentioned that Carey Waage’s confession in the United States, in English, was read to him and then he was asked if he understood that he was making a confession.
Rebecca was never asked if she was giving a confession. She was solely brought in as a witness.
When they took her against her will to Puente Grande, Feb. 13, 2006, the next day she was told she was giving evidence as a witness. She was not told she was giving a confession. Again the information she tried to give was taken in Spanish, (no translator both times) and it was twisted against her and labeled a confession.
Our Consulate says that they can only watch to see that she gets “due process”. Does this sound like DUE PROCESS? WE THINK NOT!!!
WE SEEK HELP AND ADVICE FROM ANYONE WHO CAN HELP REBECCA.
SURELY, THE CONSULATE WILL NOT LIFT A FINGER; THE EMBASSY HAS NEVER DONE ANYTHING. THE PRESS ISN’T INTERESTED IN HER PLIGHT.
WHERE IS JUSTICE?
Barbara Moodhe
February 5, 2009
These notes are from this morning’s conversation with Rebecca including her Public Defender’s comments, the Consulate’s comments made on 2/4/09. I have also included Rebecca’s comments on these subjects.
BACKGROUND:
Rebecca was sentenced to 9 years on April 22, 2008.
I went to see the woman judge to make a family appeal on September 10, 2008. I took Lucie E. to translate. In spite of a good meeting for an hour, Rebecca’s case was later transferred to Juanajuato with 12 other cases from Jalisco, saying that this would speed up her case due to an enormous amount of cases being processed in Jalisco.
On November 11, 2008, Lucie E. my translator drove me to Juanajuato to see the Judge.
He gave us 15 minutes. I wasn’t able to communicate much to him as he said that he would take my notes and those that were in Spanish from the translator. He said that
He would try to have his decision in before the end of the year. He admitted that since he was told by the people giving over these cases to him that Rebecca’s was difficult, he had placed her at the bottom of that pile.
We didn’t get any word of a decision by the end of the year. Instead we were told by
Rebecca’s Public Defender that it would probably be made by the end of January.
1) Yesterday, 2/4/2009, her Public Defender came and told her it could be another 3 months.
Inferring that the judge was going on with other cases and getting to hers as he had time.
The only thing that makes this case difficult is the Disorganization of the Prosecuting Attorney, misinformation, and total fabrications.
Rebecca asks:
WHY IS THERE NO ACCOUNTABILITY FOR THE JUDGES?
WHY IS THEIR WORK DONE IN SECRECY? NO TRANSPARENCY?
WHY CAN’T HER PUBLIC DEFENDER TALK TO THE JUDGE?
WHO IS IN CHARGE OF THE JUDGES?
2) The new consulate person came and introduced herself as Janie Friedline. She was accompanied by Anna Kling. They spoke the same line of “know nothing” that all of the others have done over the past 3 years.
When Rebecca asked about the aforementioned information from her Public Defender, she was told that she had to go through her attorney and that he had to deal with these problems, that these were not anything the consulate could deal with. The brought her used tennis shoes, used bras, old magazines.
Janie didn’t give her a phone number to call or an email.
Rebecca finally got the name of the Consul General Edward Romatowski.
Rebecca told her about the 5 – 7 missing nebulizers. They said that they would check into this and into the medical procedures.
In light of the fact that it is reported daily in the newspapers that witnesses won’t come forward in Mexico because of the corruption in the legal system, Rebecca relates to her own experience when she was told to be a witness in 2002 in Puerto Vallarta. She was not told that she was being asked questions that would be later twisted into a “confession”. It was taken in Spanish which Rebecca did not speak
Rebecca mentioned that Carey Waage’s confession in the United States, in English, was read to him and then he was asked if he understood that he was making a confession.
Rebecca was never asked if she was giving a confession. She was solely brought in as a witness.
When they took her against her will to Puente Grande, Feb. 13, 2006, the next day she was told she was giving evidence as a witness. She was not told she was giving a confession. Again the information she tried to give was taken in Spanish, (no translator both times) and it was twisted against her and labeled a confession.
Our Consulate says that they can only watch to see that she gets “due process”. Does this sound like DUE PROCESS? WE THINK NOT!!!
WE SEEK HELP AND ADVICE FROM ANYONE WHO CAN HELP REBECCA.
SURELY, THE CONSULATE WILL NOT LIFT A FINGER; THE EMBASSY HAS NEVER DONE ANYTHING. THE PRESS ISN’T INTERESTED IN HER PLIGHT.
WHERE IS JUSTICE?
Barbara Moodhe
Wednesday, January 7, 2009
There could be news soon...
Just a quick note today. In my last conversation with Rebecca, she indicated that news could come regarding her appeal sometime between January 15th - 30th. Of course, we are hoping for an outright acquittal and based on the facts of the case presented, that SHOULD be the outcome.
As I've stated in previous posts, the original prosecutor and judge seemed to have an agenda other than the truth , based on political pressure. Not surprising, given the state of justice in the Mexican system, and apparently deemed necessary by the powers that be within that political arena. "Saving Face" seemed to be that agenda, in my opinion.
After being incarcerated for almost three years now, Rebecca may find justice in the Guanajuato court that has no agenda other than the truth, or so we have been led to believe. The original appeals court was "bogged down" and had an extremely heavy caseload, causing Rebecca's appeal to drag on. The new court has a lighter caseload and we have been told is looking at the case with different criteria. We can only assume the "different criteria" means without political pressure and with an open eye to the truth. We shall see.
At this point, we ask for your prayers and best wishes for Rebecca. Put your positive thoughts of acquittal into the air and hope that they fall on the appeals judge with great intensity. I believe that what we put out into the world can make a difference, so please focus your individual thoughts with me for a positive outcome for Rebecca.
Assuming her appeal is won, what will Rebecca now do with her life? There have been many avenues opening up for her. Among them are an association with an editor doing a book for the U.N. wanting Rebecca's input in the form of some translation work and she has her art and poetry interests that have flourished, of course. Additionally, Rebecca is considering writing her memoirs.
What a story she has to tell...
As I've stated in previous posts, the original prosecutor and judge seemed to have an agenda other than the truth , based on political pressure. Not surprising, given the state of justice in the Mexican system, and apparently deemed necessary by the powers that be within that political arena. "Saving Face" seemed to be that agenda, in my opinion.
After being incarcerated for almost three years now, Rebecca may find justice in the Guanajuato court that has no agenda other than the truth, or so we have been led to believe. The original appeals court was "bogged down" and had an extremely heavy caseload, causing Rebecca's appeal to drag on. The new court has a lighter caseload and we have been told is looking at the case with different criteria. We can only assume the "different criteria" means without political pressure and with an open eye to the truth. We shall see.
At this point, we ask for your prayers and best wishes for Rebecca. Put your positive thoughts of acquittal into the air and hope that they fall on the appeals judge with great intensity. I believe that what we put out into the world can make a difference, so please focus your individual thoughts with me for a positive outcome for Rebecca.
Assuming her appeal is won, what will Rebecca now do with her life? There have been many avenues opening up for her. Among them are an association with an editor doing a book for the U.N. wanting Rebecca's input in the form of some translation work and she has her art and poetry interests that have flourished, of course. Additionally, Rebecca is considering writing her memoirs.
What a story she has to tell...
Subscribe to:
Posts (Atom)
