before the PGR, among them the forging of evidence.
Source: Proceso vía Diario de Coahuila y MXporFC (Spanish)
Author: Jorge Carrasco Araizaga
September 14, 2014
Translation: JB for CART / ACDV
Mrs. Wallace accused before the PGR
Relatives of those accused of the kidnapping and murder of Hugo Alberto Wallace filed a report with the PGR (Attorney General’s Office) against the President of Alto al Secuestro (“Stop the Kidnappings”), Isabel Miranda de Wallace, and employees of the PGR on the grounds that they committed various crimes to hold them accountable for the disappearance of the activist’s son.
Without a final judgment against the defendants after nine years, their relatives filed a report on Wednesday, September 3 with the office of the Head of the PGR, Jesús Murillo Karam, after the existence of double official documents concerning Hugo Alberto Wallace was made public.
In addition to Isabel Miranda, those listed are her husband Enrique del Socorro Wallace Díaz, her brother Roberto Miranda and the following employees of the PGR: the ministerial officials of SEIDO (Assistant Attorney’s Office Specialized in Organized Crime Investigations) Braulio Robles Zúñiga, Fermín Ubaldo Cruz and Oswaldo Jiménez Juárez, and the expert from the Directorate General for the Coordination of Expert Services, Yanet Rogel Montes de Oca.
The charges against the seven include offences against the marital status, falsification of reports given to the authority, false judicial statements, forged evidence, influence peddling and bribery, charges that the PGR would have to investigate.
The complainants are Enriqueta Cruz Gómez, mother of Brenda Quevedo Cruz, held at the Centro Federal Femenil Noroeste de El Rincón (Federal Women’s Northwest Centre of El Rincón) in Tepic, Nayarit; and Raquel Dobin Rosenthal, mother of Jacobo Tagle Dobin, a prisoner at the Cefereso (Federal Center for Social Rehabilitation) No. 2, in Jalisco. Both accused are still awaiting the lower court’s sentence.
The other complainants are María Guadalupe González Lomelí, sister of Juana Hilda González Lomelí, also imprisoned at the Federal Women’s Center of El Rincón; and María Elena Cruz Bustamante and Luis Carrillo Bustamante, mother and uncle of Alberto and Tony Castillo Cruz, both U.S. citizens. The first is being held prisoner at the Cefereso No. 12, in Guanajuato, and the second at the Cefereso No. 3, in Matamoros, Tamaulipas.
“MANUFACTURED EVIDENCE”
According to the report, with the disclosure of the two birth certificates of Hugo Alberto and of the marriage certificate of Isabel Miranda and Enrique Wallace, as well as the existence of controversial evidence, published last May and June by the digital newspapers Los Ángeles Press and Proceso (Nos. 1961 and 1962), the reported crimes “are made evident.”
In one of the certificates, issued in the Federal District, Hugo Alberto appears as the son of Jacinto Miranda. In the other, from a civil court in Texcoco, the father is José Enrique del Socorro Wallace, a Nicaraguan national; while the activist is named Isabel Torres in the first certificate, and María Isabel Miranda Torres in the second.
The complainants claim that Isabel Miranda de Wallace or María Isabel Miranda Torres, names of the activist appearing on the official documents, and her husband Enrique del Socorro Wallace are alleged perpetrators of the crime against marital status because when registering Hugo Alberto as their son, she awarded “to a third party the paternity that was not his” and he assumed “the filiation as father” not corresponding to him.
They point out that article 227, subparagraph III of the Federal Criminal Code (CPF) imposes from one to six years in prison, among others, “to the parents who do not register their son at the Registry in order to make him lose his civil status, or who falsely declare his death, or register him hiding names or assuming that the parents are other people.”
According to the report, both committed the crime of false statement to the ministerial and judicial authorities regarding the authenticity of the surname, place and date of birth of Hugo Alberto, “as well as the fraudulent concealment to such authorities of the identity of the victim’s biological father.”
Relatives of the defendants also claim that Isabel Miranda and her husband “falsely stated before the PGR and the Attorney General of Justice of the Federal District the true date of their marriage in order to conceal the true filiation of Hugo Alberto.” They mention that the charge of false statement is punishable by four to eight years in prison according to the Federal Criminal Code (CPF).
On the forging of evidence, they say that “the most important” evidence to convict four of the six defendants, “allegedly found at the scene of the alleged crime, was doctored and altered with the sole aim to indict them of the alleged offences of deprivation of liberty, in the form of kidnapping, organized crime and others.”
“PLANTED”
They explain that the drop of blood and one hair of the alleged victim found in the apartment of Juana Hilda González Lomelí, seven months after the alleged acts, not only were they “planted” but were also altered because the genetic profile of what was originally presented as evidence was identified as a female chromosome (XX) in the report of the expert Yanet Rogel Montes on March 20, 2006.
According to the complainants, this genetic profile “corresponds to that of the adoptive father of the missing person.” Given this inconsistency, the expert said that she made a mistake and that at the time of writing her report “she made a typo” and wrote XX instead of XY to identify the chromosome.
They claim that the crime of forged evidence was carried out by Isabel Miranda and her brother Roberto and that, according to article 248 Bis of the CPF, a sentence of two to six years in prison will be imposed to whom, in order to incriminate someone as responsible of a crime before the authority, forges against him or her the existence of physical evidence.
With respect to the expert Yanet Rogel Montes, they say that she committed the crime of misrepresentation in the reports given to an authority, punishable according to article 247 Bis of the CPF with five to twelve years in prison.
From the evidence provided by the PGR, the Castillo brothers, César Freyre and Juana Hilda González were sentenced from 78 to 131 years in prison. Family members say that a sentence of eight to fifteen years in prison could be applied to the expert since the same article says that when a sentenced offender receives a sentence of more than 20 years in prison, the punishment is increased for the false testimony or expert opinion.
“In addition we demand an investigation into the crimes arising from false statements and reports given to a judicial authority, such as any form of bribery or coercion of the expert,” says the report.
They also ask the PGR to investigate the probable responsibility for the unlawful acts of bribery, threats and influence peddling. In this latter offence, not only do they mention the expert, but also “all the parties who within the process have participated in the alleged acts” and “have favoured the plaintiff and confederate of the federal public prosecutor, María Isabel Miranda Torres or María Isabel Miranda de Wallace.”
Regarding the charge of influence peddling, they say, “one must consider Isabel Miranda de Wallace as a public figure and her economic power, as well as (her) closeness… with the agents of the Public Ministry Oswaldo Jiménez Juárez, Braulio Robles Zúñiga and Fermín Ubaldo Cruz… responsible for carrying out the preliminary investigations and accusations against the defendants.”
COUNTERCLAIM
The publication of the two birth certificates of Hugo Alberto and of her marriage certificate led Isabel Miranda to file a report with the PGR. The Anti-kidnapping Unit immediately began the preliminary investigation AP/SEIDO/UEIDMS/464/2014. That is why, with no bench warrant, Giel Meza, activist of the Gente de Mexico por la Democracia (People of Mexico for Democracy) organization, and Enriqueta Cruz, mother of Brenda Quevedo, were brought to testify.
David Bertet, the Canadian activist who promotes the release of those accused in the Wallace case, as he did with Florence Cassez, is included in that report. The French citizen was also accused of kidnapping by the former government and the President of Alto al Secuestro was a strong opponent to her release.
The President of the Canadian Association for Rights and Truth, David Bertet, announced last August that he would file a report with the Royal Canadian Mounted Police (RCMP) for the criminal investigation began against him in Mexico, after the publication of the certificates by Proceso and Los Ángeles Press.
“I will go to the RCMP to file a complaint in Canada against the person or persons, who are responsible in Mexico for the threats of which I am victim,” he wrote in a report that he made public after presenting it to the FEADLE (Special Prosecutor’s Office for Crimes Against the Freedom of Expression), part of the PGR.
For the activist, it’s retaliation and intimidation for “my investigative work, which was made in a legal and professional manner, about the alleged kidnapping and killing of Hugo Alberto Torres Miranda or Hugo Alberto Wallace Miranda.”
In response to the publication of those documents, Isabel Miranda claimed that it was “a despicable act.” In an interview with Sergio Sarmiento of Televisión Azteca, last July 2, she said:
“I can not call it otherwise. It is something that really has no name” because the publication of the news report was made “knowing deliberately that there is evidence. That was undoubtedly done with the desire to hit out, to publicly expose my life or what they consider that my life is.
“But it is not about the truth of what is in the case file. It is not so much so that precisely one week after this woman (Anabel Hernández) published her report in Proceso, the judge confirmed the order of detention of Brenda (Quevedo). That’s the best answer I can have: to know that legally speaking I am confident that she will remain in prison, regardless of the media strategies they use, regardless of the lies they tell.”
