Flawed Case Contributes to Acquittals in Murder of Costa Rican Turtle Guardian (New York Times)

Cowboy_Ken

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By Andrew C. Revkin, New York Times, DOT Earth Blog

Updated, Jan. 27, 9:40 p.m. | A Costa Rican judge today acquitted seven men of murder charges in the May, 2013, slaying of Jairo Mora, a young sea turtle conservationist, citing faults in handling of evidence and other problems with the investigation. Below you can read courtroom details as reported for the Tico Times by Lindsay Fendt, whose fine coverage of this case was cited here in 2013.

The murder, which also involved the kidnapping of four women (three from the United States and one from Spain) remains a blot on the longstanding green reputation of Costa Rica. Until authorities bring Mora’s killers to justice and clamp down on the intertwined crimes of drug trafficking and egg poaching, that dark stain will remain. Hopefully Costa Rica’s new leader (as of last year), President Luis Guillermo Solís, recognizes this.

A Limón court on Monday morning acquitted seven men of the murder of 26-year-old sea turtle conservationist Jairo Mora on the night of May 31, 2013, citing reasonable doubt.

Defendants Felipe Arauz, Darwin Salmon and William Loaiza will walk free, absolved of all crimes, while Hectór Cash, Ernesto Centeno, José Bryan Delgado and Donald Salmon will serve prison sentences for a prior and separate rape and robbery on the same beach. All seven defendants were acquitted of the kidnapping, robbery, sexual assault and murder that took place on the night of May 31, 2013, when Mora was killed.

Here’s her description of one judge noting that mishandling of the case contributed to the ruling:

Judges cited the legal principle of in dubio pro reo, which means the court must rule in favor of defendants when reasonable doubt exists.

In her explanation of the verdict, Judge Yolanda Alvaredo said the mishandling of evidence by prosecutors and preliminary courts contributed to this doubt. She also cited an incomplete investigation that was unable to determine with exactitude the identities of the perpetrators.

“Lamentably the management of evidence broke the chain of proof in this case,” Alvaredo said. [Read the rest.]

To go deeper into the evidence in the case, and the flaws in the investigation, read Fendt’s investigative feature on the murder: “Why Jairo Died.”

It is a deeply disturbing close look at what happens when conservation efforts overlap with criminal activity. This pattern is seen far too often, from Cambodia to Peru to Kenya.

Addendum | I also urge you to read the chilling Outside Magazine feature on the murder by Matthew Power. (Power died last year while on assignment in Uganda.)

Update, Jan. 27, 9:40 p.m. | Todd Steiner, executive director of Turtle Island Restoration Network, which has run conservation projects in Costa Rica for nearly 20 years, issued this statement:

We are outraged that nearly two years later, there has been no justice for brutal murder of Jairo…. We call on the Costa Rican government to appeal the decision and find a way to convict these criminals of this heinous crime, or locate and convict those responsible. Failure to do so can have serious consequences for conservation and ecotourism in this nation that has built its reputation on its peace with nature, safety of visitors and respect for the rule of law.
 
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