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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No one denies – at least openly – that racial profiling is bad practice. The question at hand, and one raised during a Senate Committee hearing on civil and human rights last week, is how to end it.
On Tuesday, April 17, the Subcommittee on the Constitution, Civil Rights and Human Rights ...
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