Hispavista
Mountain Nelson:
Expecting the death
At little time of knowing if the Ecuadorian Mountain Nelson will be sentenced to death in the United States, the series of violations and irregularities of the case make us think that it is being condemned without solid foundations. Their guilt has not been really demonstrated and the tests of its innocence have been gravely unknown.
bartow, of the county Polk, in Florida, USA, is a small city of approximately 15.500 inhabitants; a small place where the news travel quick. This small community is, suddenly, terrified by a thrilling crime. December three 1997 the deaths of four people -George Gonsalves, 69 years old; Frank Dosso (35); Diane Patisso (28), and George Patisso, Jr. (26) - in the factory Erie Manufacturing, she/he leaves amazed and panicky to people. The victims were shot in the head.
It begins, then, the search of a culprit and the analyses extend for four years. May 17 the 2001, the court of the county of Polk ordered the Ecuadorian Nelson's detention Mountain Iván (68) for four murder positions in first degree. Which was the Mountain gentleman's linking with the case? Mountain she/he was partner of George Gonsalves in the company Erie Manufacturing.
It is alleged that Mountain it had been forced to leave the company on the part of their partners, for a wrong handling of funds. Mountain, it points out the court, furious to have to leave the company in which worked during nine years, she/he murders their partner (George Gonsalves) to retaliate and it is forced to eliminate other three people that became dangerous witness in that moment.
But Mountain she/he has an alibi: the day of the crime was in Atlanta. The alibi leaves, however, threatened, for two tickets of the parqueadero of the airport of Tampa, Florida, with its prints, with the date of the day of the crime. The government develops the hypothesis that Mountain it flew from Atlanta to Florida, using an alias. It arrived to the company in a produced car; she/he murdered four people and she/he returned to Atlanta.
In the moment in that was accused, Mountain it was in the Ecuador. It entered to the country August 21 the 2000 and it remained here until it was deported and correspondent to USA to be judged as North American August 31 the 2002.
Until here, it is very easy to visualize to Mountain making the crime that is mentioned. A man that works during great part of their life in a North American company, and that suddenly it is forced to abandon her, certainly she/he has a very powerful motive. It can also be suspicious, the fact that, before being accused, Mountain it traveled to the Ecuador, perhaps being ahead to the possibility of their condemnation. They are, also, the prints dactilares that destroy their alibi.
The perfect suspect
The Court of Bartow and the American press have taken charge of elaborating a guilty portrait, when describing to Mountain as a former partner discharged by wrong handling of funds and that, therefore, she/he would have a very strong reason to carry out the crime. Mountain Alfredo Luna, nephew of Nelson, explains, in a letter directed to the Minister of External Relationships: “Mountain Nelson was never said goodbye to; he decides to retire voluntarily when discovering that it exists double accounting and a faltante of $1,000,000. it Denounces this irregularity to the IRS (Service of Internal Rents of the United States) and it begins a civil trial to demand their rights”. Mountain, it formed in August of the 97 a new and very successful company next to their son (American Slick Rail Conveyors).
But, although she/he has spread the information of the crime like a mere murder, the fact is omitted that there was, besides the deaths, the robbery of a chain of gold and a clock Rolex of great value, what doesn't discard that the incident has been able to be a simple assault that became in murder.
Unusual Evidence
The office presents two parqueadero tickets that very queerly appear later three years in a box of shoes, the only box that she/he survived intact to a flood happened in the cellars of the airport of Tampa and that, supposedly, she/he has digital impressions of Mountain. It presents, also, a list of passengers where it consists Juan Agacio's name, the supposition alias used for Mountain for their trip to Florida, and the rent of a car made by Álvaro Peñaherrera for Mountain Nelson.
During the trial, the expert in fingerprints reached the following conclusion: Two partial fingerprints were found, one in each parqueadero ticket. The fingerprint belonged to the right index finger of Mountain. However, one of the tickets has half of the fingerprint and the other ticket she/he has the other half of the print exactly. The expert feels that this is very strange. But he finds even stranger that the print is of the right hand when all the drivers usually take and they receive the tickets with the left hand. Even stranger he found any other print to not exist in the ticket. How does a person take a ticket with a single finger? And why don't they exist the cashier's that receives the ticket prints?
As for the use of the alias “Juan Agacio” in one of their flights, the office presents a list of passengers with Juan Agacio's name; but surprisingly this list is not emitted by a computer, but typed and, very queerly, the name is the last one in the list.
Lastly, they don't exist tests that Mountain it was in the airport of Tampa the day of the murders. It should have a videotape, as which was showing to Mountain in the hotel The Fifth of Atlanta. Can we believe that the cameras of security of the airport are not as good as those of a hotel?
Witness?
The office presents as witness to Álvaro Peñaherrera who, supposedly, it produced an automobile to its name so that it was used for Mountain the day of the murders. Álvaro Peñaherrera changed its declaration three times and finally she/he said to the jury that it was pressed by the police to change its declaration. They threatened him to involve it in the case, with accusing him of perjury if she/he didn't say what the police wanted to hear: “I was pressed until arriving to the cry” she/he said.
Thrilling omissions
Thirteen fingerprints were found in the scene of the crime; prints that didn't belong to employees of the factory, but neither to Mountain Nelson. In spite of this, none of them was analyzed. It was never investigated other suspects, identified by witness in the scene of the crime (they say that it was seen a Latin man of between 25 and 30 years marauding the factory). Neither the DNA of the opposing butts of cigarettes was investigated in the scene of the crime, neither a genetic analysis was made, looking for under the fingernails of the victims signs from the previous struggle to the crime. The DNA of the glove was never investigated that appeared under one of the victims. Neither she/he interviewed to the employees of the hotel immediately The Fifth to confirm that Mountain it left Atlanta to make the crimes; she/he made it to him three years later.
Impartial trial?
It is necessary to clarify something that is extremely important in the dilucidación of this case and it is the one that one of the victims was the current district attorney of the Court of Bartow assistant before. This particularity puts to the office in the necessity of finding a culprit, anyone. A previous member of the jury was shown openly xenophobic when expressing “All the Mexicans should die”. The relatives of Mountain fought to prevent this person to be part of the current jury; but this attitude is a sample of the limited mentality of the town of Bartow.
Ecuadorian tribunal as North American
Finally, in the legal process of the Ecuador they are recognized a series of irregularities that you/they pass above the fact that according to the article 11 of the Political Constitution of the Republic of the Ecuador, effective from the year 1998, “the Ecuadorians for birth that you/they are naturalized or they have been naturalized in another country, they will be able to maintain the Ecuadorian citizenship…”
There is, also a series of obstacles that puts the General Attorney's office of the State, when saying that Mountain it didn't fulfill two formal requirements (the payment of $10 and $40) that they appear in a ministerial agreement that was published around 219 days after the Mountain gentleman had already requested to the Ecuadorian consulate in Miami the recovery of his Ecuadorian citizenship, after he had already been granted a Ecuadorian passport, with base in the execution of all the necessary requirements in that moment.
They are, also, a series of irregularities with regard to the dates and hours of emission of the Constitutional Ticket of Imprisonment and the Part presented to the National Director of Migration that you/they make think that the thoroughness of Mountain was previously forged, so that there was not form of stopping the procedure.
Also, the law prohíbe to extradite a Ecuadorian citizen if the extradition supposes the subjection to condemnations that don't exist in its origin country. In the Ecuador the death penalty doesn't exist, for what should never be sent Mountain Nelson to USA where there was the possibility to receive this condemnation. Today the relatives ask the Ecuadorian government to be pronounced in the case and that it admits that the deportation was illegal and they reproach the silence in that the Intendency of Pichincha has remained.
As a dog…
Mountain it was captured without right to defense, neither a call to their relatives. It was taken to the airport of I Remove where she/he locked it in a cage for dogs and it was deported in three hours, when, according to the law, the procedure should take at least eight days. They treated him an atrocious beating that he broke the face. It has remained four years in three different prisons, each one worse than the other one, subjected to permanent insult.
Today, Mountain Nelson's family requests justice and she/he requests since truth it has been declared guilty and in next weeks judge Susan Roberts' final decision will be known who can opt for the death penalty. “Nelson is a successful man and mainly, tremendously good. It has always been the one that has helped us to the other ones when we have needed it and it has been slope of all” Alfredo Luna says. Happiness Pólit, also niece of Mountain, organized an exhibition of squares in honor to her uncle with the desire of gathering funds for her new defense.
In the exhibition they take as elements artistic sentences of the letters that Mountain she/he sent to their family. Their words are startling: “They have me like to the mushrooms, in the darkness… They are looking for that I, because it is the only thing that you/they ask me as much the doctors as the nurses… My faith and my hope are in the hands of God.”
Paulina Terán
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