You can click on the letter to see a larger size.
REBECCA REPLYS TO LETTER FROM EDWARD MCKEON
(Note: All comments are from Rebecca and not paraphrased or edited by the author of this blog.)
The following is a line by line response to a letter from the US Embassy in Mexico (the first correspondence) dated October 2, 2009 – three years and eight months after my arrest.
In quotes are statements from Edward McKeon's letter. In italics are my (Rebecca’s) reply to the statement.
“The Ambassador has asked me to respond to your letter dated August 18, 2009.”
Almost 2 months after receiving another letter from my family, the new Ambassador at least decides to delegate making a response to us. Hopefully to satisfy us for a while.
“I am familiar with your case and the flow of communication between you, the Consulate, and members of the US Congress.”
He’s heard my name and knows about all of those annoying pleas for help sent by my family and supporters over the years.
“I realize you are in a difficult situation and want to assure you that the US government will assist you as fully as we can under applicable laws and regulations.”
To the first sentence stating the obvious fact that I am in a difficult situation; obviously he has no idea what kind of situation this is to be victimized by a foreign government and have your own government ignore and invalidate you. Have they made any inquiries about my case? Have they investigated my claims?
To the second part he wants to assure me…he puts the US government assisting me in the future tense “will”. When “will” they begin assisting me? It was the Canadian, Brenda Martin’s, attorney who discovered the International Treaty in which several Articles have been violated against us. Whose job was it to insure that this Treaty was not broken by the Mexicans? The US government! They want to use applicable laws and regulations as a shield for their inaction. I hold the US government responsible for not protecting its citizen against violations of this ratified Human Rights Treaty.
“Our staff in Guadalajara informs us that they have remained in regular contact with you, your family, and your attorneys since your arrest on February 14,2006, and have continued to monitor developments in your case.”
First, my arrest was on Feb. 13, 2006 and if it is meant that although they’ve repeatedly told me that they can’t talk about the case, they can’t advise me, they can’t recommend lawyers, and when my sentence came and the consulate representative told me, “It’s no longer about the case, its about the sentence.” Oh and when I first was arrested my consulate representative, Cesar Cruz, told me that I’d lost all my rights when I crossed the border, when in fact I did have rights… They just didn’t tell me what they were! One very important right was that I was entitled to a translator. It was an inmate who told me about that right. She helped me file a complaint with the Human Rights group and after 4.5 months I received a translator, only for the notifications from the courthouse.
In the beginning, my defense case was presented by a public defender who didn’t speak English. We were not able to communicate. It was a complete fabrication on his part to try to satisfy his bureaucratic job requirements.
In Mexico, once the outline of the Defense is presented to the court, it can never be changed.
I believe that had the US Consulate informed me of my rights or demanded a translator for me from day one, I would not be here today. In Mexico, the longer you are detained the less chance for you to go free.
“During each visit by the Consulate we have provided you with an attorneys list, translators list and information about the Prisoner Transfer Program.”
When I was first detained I was told the Consulate was going to leave a list of attorneys, but I never received it. I received a list of attorneys from them finally in October 2007 – a year and a half after my arrest and after I had hired an attorney (fired the Public Defender) and was told afterwards by my new attorney that they could only present proof and witnesses based on the poor defense work that the initial Public Defender had concocted. This was also after Ernesto Flores de leon (this same attorney) had demanded $20,000 US dollars up front, which my elderly mother paid. I was to pay another $20,000 US upon my release. He was the least expensive! Others wanted between $50,00 and $100,000 US up front!
I never received a translator list from the Consulate. This is a white lie or fib and in regards to the Prisoner Transfer Program, I was advised by the Public Defender in El Paso, TX to exhaust all of my legal recourses here in Mexico because I have no criminal record in the US and if they transfer me to the US, I will then be considered a Felon. Imagine never having a trial and accepting the label of felon in 2 countries. Absurdity! But that’s their big offer to me.
“During your Appeal, our Consul General sent official inquiries to the Federal Court in Guanajuato on November 28, 2008 and April 1, 2009 to urge a timely review and decision on your Appeal
First, my Appeal was assigned to a magistrate in Guadalajara, Jalisco in June of 2008. Then, in October it was sent off to another state, Guanajuato, which is when my family contacted the Consulate and asked them to find out what was going on. My current attorney says that the magistrate who is assigned the case must resolve it, yet the Consulate in both correspondences to the magistrate in Guanajuato basically asked how it was coming along and one week before the end of April the Appeal was denied. A review of this document showed that the magistrate did not review the case, only the “sentencing document” which is filled with unsubstantiated accusations from the Prosecuting Attorney, errors and lies.
“I am pleased that you recently obtained an attorney in whom you have confidence and whom you believe represents your interests well.”
I’ve had my current attorney since April of 2008 – so he’s not exactly recently acquired and what I like most about him is that he read and understands my case fully, he is highly intelligent and honest and he knows that there is a terrible injustice occurring here and he’s fighting to correct it.
“One of the primary roles and interests is ensuring that US citizens incarcerated in Mexico receive adequate medical care, THAT IS, equal to the care provided to other nationals.”
I love this caveat. If I am to grasp this correctly, the woman who 3 years ago had a pea sized tumor in her uterus, now has a grade 3 tumor the size of a fist and will sometime be operated on. (At least she got a bed to sleep in because of the cancer). Or, the mentally ill who are not treated at all. Since this is the standard for how they treat their own citizens, it’s good enough for me? It must be true, because since last March the Consulate has been aware of an abnormal mammogram, of a necessary blood test to reevaluate my hypo thyroid condition, and they have done nothing to ensure that I receive these treatments.
“Since your incarceration, Consulate staff members in conjunction with prison officials have taken increased measure to ensure you receive proper medical care and medication.”
This sounds nice, but over the past months it has become more and more difficult for me (as well as any other inmate) to see the only doctor that is able to correctly diagnose and prescribe medicine that will cure or improve conditions, infection, etc. She’s the doctor that works days during the week and she’s overwhelmed with paperwork and other responsibilities. I’ve been able to see her only once in 6 months or more and that was because I happened to have an Asthma Crisis in front of her. As for medication, I don’t know if they’ve donated Asthma medication, but I – through my Puerto Vallarta Rotary Club connections, donated 5 nebulizers (one of which was supposed to be set aside only for my personal use) and 15 masks.
For the Dentist, we donated an ultraviolet light, trays of resin, gauze and other useful materials. These donations made by my Rotary Club are there to help any who are in need of nebulizer treatments, etc. When only one of the nebulizers could be found during an Asthma attack I had to use it instead of the one that was supposed to be only available to me. We notified the Consulate and asked that they inquire as to the location of the other donated items and we have never received an answer, nor were the items replaced. I and my family thank the Consulate for donating Asthma medication, if they have done so.
“Your health is of great concern to us and we will continue to verify that you have access to these facilities, as well as vitamin supplements, toiletries, and items of clothing that we provide to all our citizens incarcerated in your Consulate district.”
If my health was of such great importance to them, why have they never sent a doctor of their choosing to evaluate my condition? Why have they never followed up on the missing abnormal mammogram? Or the blood test to reevaluate the amount of Thyroid medication I need to be taking, but am not currently taking. The vitamin supplements are donated by the drug companies; the toiletries include a bar of soap and a roll of toilet paper for every 90 day visit. Items of clothing over almost 4 years include: 2 towels, 3 used bras, a pair of used tennis shoes that weren’t my size and a blanket. They bring me used magazines and books which I do enjoy.
“Again, please be assured that we will closely follow the progress of your case and will continue to assist you in every way permissible under US Law.”
I’m really not assured by this statement. I know they had recourse to ask Mexico to honor their obligations under the International Human Rights Treaty and they did nothing.
They have not done everything permissible under US law. Either they believe this (incompetence) or they don’t want to pursue this because I’m a no body (non-Celebrity) and thus expendable. I’m not impressed by the statement nor am I assured by it.
Rebecca J. Roth
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