work about such cases, the couple hoped to create a collection of researched cases, including Zúñiga’s story, that would then be handed over to journalists. But things took an unexpected turn when, almost a year later, Hernández and Negrete made an unexpected discovery at a Berkeley, Calif., law library. Their hunch that Zúñiga’s private defense lawyer had a forged license turned out to be true. That meant that he had not been able to represent Zúñiga legally and that they could apply for a retrial.
A México City appellate court voted unanimously to order a retrial. And another unlikely occurrence ensued: Hernández and Negrete obtained permission to film the new proceedings. In México, a retrial does not mean that defendants get a fresh start, or a new jury. In fact, in the Mexican system there is no jury. So the same judge who had already convicted Zúñiga would retry him. Fortunately, this time around Hernández and Negrete enlisted a savvy defense attorney named Rafael Heredia — and cameras would be rolling.
Zúñiga’s retrial, which lasted from November 2007 to February 2008, is the heart of Presumed Guilty. To many Americans, the courtroom scene will look unfamiliar, low-tech and surprisingly “in your face.” Calm and determined, Zúñiga stands behind bars to present lawyer Heredia’s work during the hearings. But soon he has to undertake a role he never imagined. Due to technicalities, his attorney is not allowed to ask even basic yes-or-no questions of any of the witnesses for the prosecution. In fact, the detectives can simply answer, “I do not remember,” and stand by their police reports. The lead detective reasons that if his agents arrested Zúñiga and he is behind bars, Zúñiga must be guilty.
Zúñiga is also forced to cross-examine the original suspect and lone
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DPS "on-time" graduation rate rises to 4.3-point gain
Denver Public Schools have increased a four-year "on-time" graduation rate, posting a 4.3-point gain and graduating 175 more students last spring over the previous year, according to data released recently by the Colorado Department of Education. This brings the district's four-year rate from ...
Tucson schools seize Chicano, Native books from classrooms
High school students from the now-forbidden Mexican American Studies classes in Tucson spoke out during Martin Luther King Day on Monday, protesting the school board and state of Arizona's decision to ban their classes and their culture.
Describing the seizure of books from his classrooms, one ...
Will Migrants matter in the Mexican election?
The clock is ticking as the registration deadline fast approaches for Mexican expatriates to vote in their country of origin’s presidential election this year. Although Mexican election officials are confident a late rush of applications will mean greater absentee participation than in the 2006 ...
DPS: $4.8 million to improve college-readiness
Denver Public Schools has been awarded a seven-year grant from the US Department of Education’s Gaining Early Awareness & Readiness for Undergraduate Programs (GEAR UP) to support and improve college-readiness programs for students who attend schools in the Northwest Denver community. The $4.8 ...
High school students from the now-forbidden Mexican American Studies classes in Tucson spoke out during Martin Luther King Day on Monday, protesting the school board and state of Arizona's decision to ban their classes and their culture.
Describing the seizure of books from his classrooms, one ...
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