73. On April 16, 2002, the Fifth Criminal Judge issued a formal order of imprisonment against Daniel García Rodríguez for the crimes of extortion, fraud, organized crime and aggravated homicide. 69 His defense filed an appeal, which was admitted without suspensive effects. On August 27, 2002, the appellate court confirmed all aspects of the first instance ruling. 70 After that, the defense filed an indirect amparo action, which was rejected on May 31, 2006. 71 D. Arrest, arraigo and order of imprisonment against Reyes Alpízar Ortiz 74. Reyes Alpízar Ortiz was arrested by agents of the PGJEM’s Special Operations Group on October 25, 2002. 72 According to his statement, he was arrested in the street, 73 in a violent manner. 74 However, according to the PGJEM’s version, witnesses had identified him as the person responsible for the murder of the mayor, so he was arrested in the street after being asked for his identification and trying to flee. 75 According to this version, at the time of his arrest, Reyes Alpízar indicated that he knew this would happen because he “had participated in the murder of a mayor.” The PGJEM agents added that “when he was placed in the vehicle to be taken to the Deputy District Attorney’s Office in Tlalnepantla” he had offered them a house and money in exchange for “letting him go free.” 76 Consequently, they pointed out that he had been “arrested in flagrante delicto for the crime of bribery.” That same day, the Public Prosecutor’s Office ordered his “legal, formal and material detention […] so that his legal situation could be resolved within the legal term.” 77 At 11:50 pm. on October 25, 2002, in the presence of a public defender, Reyes Alpízar made a statement before the Public Prosecutor’s Office indicating that he had witnessed the crime and involving Daniel García and his brother in the planning and payment of the perpetrator. Reyes Cf. Information contained in: Second Criminal Collegiate Court of Tlalnepantla, Superior Court of Justice of the state of Mexico. Ruling in indirect amparo proceeding 1192/2005-E. Tlalnepantla de Baz, state of Mexico, May 23, 2007(evidence file, folios 710-825). 69 Cf. Information contained in: Second Criminal Collegiate Court of Tlalnepantla, Tribunal Superior of Justice of the State of Mexico. Ruling Indirect amparo proceeding 1192/2005-E. Tlalnepantla de Baz, state of Mexico, May 23, 2007 (evidence file, folios 710-825). 70 Cf. Information contained in: Second Criminal Collegiate Court of Tlalnepantla, Superior Court of Justice of the state of Mexico. Ruling in indirect amparo proceeding 1192/2005-E. Tlalnepantla de Baz, state of Mexico, May 23, 2007(evidence file, folios 710-825). 71 72 Cf. Government of the state of Mexico, Attorney General’s Office. Special Operations Group. File ATI/II/3672/01. Matter: Person remanded in custody. Tlalnepantla de Baz, October 25, 2002 (evidence file, folios 826-827), and Government of the state of Mexico. Attorney General’s Office. Certificate of ratification of remand order. Tlalnepantla de Baz, October 25, 2002 (evidence file, folios 828 to 831). Cf. Order, hearing of preliminary statement, November 28, 2002, Fifth Criminal Judge of First Instance of the Judicial District of Tlalnepantla (evidence file, folios 832-844). 73 74 Cf. Statement of Reyes Alpízar Ortiz, dated November 28, 2002, written and signed by hand (evidence file, folios 845 to 848), and file CODHEM/NJ/5088/2002-3, Human Rights Commission of the state of Mexico, Third General Investigative Unit (evidence file, folios 849 to 911). Cf. Government of the state of Mexico Attorney General’s Office. Special Operations Group. File ATI/II/3672/01. Matter: person remanded in custody. Tlalnepantla de Baz, October 25, 2002 (evidence file, folios 826), and Government of the state of Mexico. Attorney General’s Office. Certificate of ratification of remand order. Tlalnepantla de Baz, October 25, 2002 (evidence file, folios 828 to 831). 75 76 Cf. Government of the state of Mexico Attorney General’s Office. Special Operations Group. File ATI/II/3672/01. Matter: person remanded in custody. Tlalnepantla de Baz October 25, 2002 (evidence file, folios 826-827), and Government of the state of Mexico. Attorney General’s Office. Certificate of ratification of remand order. Tlalnepantla de Baz, October 25, 2002 (evidence file, folios 828 to 831). 77 Cf. Government of the state of Mexico. Attorney General’s Office. Agreement on detention of Reyes Alpízar Ortiz. Tlalnepantla, state of Mexico, October 25, 2002 (evidence file, folios 912 to 915), and Government of the state of Mexico. Attorney General’s Office. Admission form of Reyes Alpízar. Tlalnepantla, State of Mexico, October 25, 2002 (evidence file, folios 916 to 917). -21-