No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsCrime5 things to know about the new Jairo Mora murder trial

5 things to know about the new Jairo Mora murder trial

On Monday morning in a courtroom in the Caribbean city of Limón, judges will call to order a second trial for the 2013 slaying of Costa Rican sea turtle conservationist Jairo Mora. The trial comes more than a year after seven men were acquitted by the same court due to errors in the investigation and the prosecution of the case. Last August, an appeals court overturned prior not-guilty verdicts to allow prosecutors one more shot at convicting seven alleged poachers suspected of the crime. Here are some facts you need to know to follow the upcoming trial:

1. There is no double jeopardy in Costa Rica

In Costa Rica both the defense and prosecution have a right to appeal a case. Following a not-guilty verdict, the Limón Prosecutor’s Office and Jairo Mora’s family lawyer, Rodrigo Araya, filed an appeal and won the right to a new trial with a panel of three different judges. Despite the acquittal of all seven defendants – Ernesto Centeno, Felipe Arauz, José Bryan Quesada, Héctor Cash, William Delgado and brothers Donald and Darwin Salmón – in the first trial, they will be tried again.

2. The court also will retry a separate case heard at the same time as the original murder trial

Along with the Mora killing, five of the defendants also are charged with rape and robbery in a separate case. Prosecutors linked the two cases because the perpetrators of both crimes used similar methods in the same area. Although the seven defendants were acquitted of Mora’s murder in the first trial, Centeno, Quesada, Cash and Donald Salmón were convicted in a separate case. With the appeal, that conviction also is annulled, and the court will issue a new ruling in that case as well.

3. Three of the defendants will be free during the trial

Arauz, Delgado and Darwin Salmón, three defendants who were not convicted of rape and robbery charges, have been free since the first trial and will remain so for this trial’s duration. The remaining defendants are in prison serving the beginning of sentences while the appeal was granted. Although their convictions were technically annulled, they remain in prison serving preventive detention until the end of the next trial.

4. The new trial may allow evidence excluded in the last trial

The three-judge panel in the original murder trial ruled large chunks of the prosecution’s phone investigations inadmissible. Judges ruled out one disc containing audio of telephone conversations and transcripts of text messages of the suspects allegedly discussing the crime because prosecutors failed to officially log it as evidence at the start of the trial. Judges ruled another audio disc inadmissible because investigators had not filtered out impertinent conversations, which violated defendants’ rights to privacy, they said. Judges also excluded the telecommunications investigation, which prosecutors considered the backbone of their case. Judges said the investigation could not be used because it was not opened for judicial review before the trial.

In August, the prosecution argued for an appeal based on these exclusions, arguing that the investigations were legal and admissible.

“The appeals court agreed with us,” Mora’s family attorney, Rodrigo Araya, told The Tico Times. “We are convinced that the three new judges will recognize the decision by the appeals court and will allow all of the evidence that was excluded in the first trial.”

5. This is the last chance for these suspects to be convicted of Jairo Mora’s killing

Costa Rican law only allows the prosecution one chance to appeal an acquittal. If the defendants are found not-guilty again in this trial, that verdict will stand. If judges allow all of the evidence to be heard, prosecutors are confident this new trial will result in a conviction.

“The evidence we have is enough for a conviction,” Araya said. “This time, I’m sure justice will be served.”

Trending Now

Costa Rican Angler Erika Sandi Makes History at the Offshore World Championship

Erika Sandi put Costa Rica in the spotlight after an outstanding performance at the Offshore World Championship, where she secured both the Top Lady...

Costa Rica Expands Marine Conservation Payments to Protect Hammerhead Sharks

Costa Rica is moving to expand its payment-based conservation model into open-water marine protection, with a new program being designed to reward the protection...

Avianca Offers Free Return Flights to Stranded Spirit Airlines Passengers

Avianca will fly stranded Spirit Airlines passengers home at no fare cost, the Colombian flag carrier announced today, becoming the first Latin American airline...

What Tourists Should Know About Hantavirus and Dengue in Costa Rica

Visitors planning trips to Costa Rica should keep viral illnesses in perspective: hantavirus deserves awareness, but dengue and other mosquito-borne diseases remain the more...

Costa Rica Named in U.S. Legal Fight Involving Former San Antonio Spurs Owner

Costa Rica has been pulled into a high-profile legal dispute in Texas involving Peter M. Holt, the former controlling owner of the San Antonio...

Costa Rica Awaits Laura Fernández Cabinet Announcement at Teatro Melico Salazar

Political attention in Costa Rica turns today to the Teatro Popular Melico Salazar, where President-elect Laura Fernández is scheduled to present the cabinet that...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel