30
reply to the charges within the term established by Law. On August 30, 2002 said
Court opened the trial to evidence for twenty days. On November 5, 2002 the
Sectional Court of First Instance of Tela stated that it would continue with the change
of venue so that the parties could present their respective conclusions.61
54(39) On November 26, 2002 Mr. José Luis Mejía Herrera, public defense counsel of
Mr. Alfredo López Álvarez requested to the Sectional Court of First Instance of Tela
that it issue in his favor an acquittal based on, among other arguments, the fact that
the alleged drug seized had been found within a vehicle that did not belong to Mr.
López Álvarez nor was it driven by him; that he can not be considered the owner or the
illegitimate possessor of the substance that was said to be cocaine; that as expressed
by the prosecutor only one rock of crack was seized from him, and that once the same
was analyzed it resulted for personal use, and that reasonable doubt had been
established with regard to the existence of the alleged drug, since the first report did
not establish any chain of custody regarding the alleged two kilos of cocaine. On
November 27, 2002 the mentioned Court summoned the parties to hear its
judgment.62
54(40) On January 13, 2003 the Sectional Court of First Instance of Tela issued an
acquittal in favor of Messrs. Alfredo López Álvarez and Luis Ángel Acosta, and
dismissed the case followed against Mr. Sunny Loreto Cubas, based on the fact that
“the chain of custody was not established for the evidence seized, reason for which up
to this date there was no certainty if the sample sent to the toxicological lab and that
resulted positive was taken from the two kilos of white powder seized from the
accused, since there was no evidence in the court records of who performed said
judicial proceeding or if the same was later replaced and when the tests were redone it
resulted that it was not cocaine. Therefore two toxicological reports with different
results from what seemed to be the same evidence results in the fact that the body of
the crime was not proven. [...] [S]ince there are two different toxicological reports,
there is doubt in determining which of the two is the one actually practiced on the
evidence seized in the present case.”63
54(41) On January 20, 2003 the Office of the Public Prosecutor presented a motion of
appeal before the Appellate Court of la Ceiba against the acquittal issued by the
Sectional Court of First Instance of Tela. On January 23, 2003 that Court admitted the
appeal. On May 29, 2003 the Appellate Court confirmed the acquittal based on the
fact that “from the assessment of the evidence added to the trial it could not be
concluded that the accused h[ad] participated in an act that constituted a crime […].”
The judgment added that “even when it is true that the statements of the police
agents that participated in the capture of the accused are present in the process, they
61
Cf. ruling issued by the Sectional Court of First Instance of Tela of July 30, 2002 (dossier of
appendixes to the response to the petition, volume II, folios 680); ruling issued by the Sectional Court of
First Instance of Tela of August 30, 2002 (dossier of appendixes to the response to the petition, volume II,
folios 698), and ruling of the Sectional Court of First Instance of Tela of November 5, 2002 (dossier of
appendixes to the response to the petition, volume II, folios 793).
62
Cf. petition of the defense counsel of Mr. Alfredo López-Álvarez, Mr. José Luis Mejía Herrera,
presented before the Sectional Court of first Instance of Tela on November 26, 2002 (dossier of appendixes
to the response to the petition, volume II, folios 821 through 824), and ruling of the Sectional Court of First
Instance of Tela of November 27, 2002 (dossier of appendixes to the response to the petition, volume II,
folios 825).
63
Cf. judgment issued by the Sectional Court of First Instance of Tela of January 13, 2003 (dossier of
appendixes to the response to the petition, volume II, folios 827 through 829).
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