Kareem Franklin on Trial for Attempted Murder of Policemen

An alleged gunman also appeared before Justice Candace Nanton today where the Crown closed its case in a trial for attempted murder.  Kareem Franklin is accused of trying to kill a pair of police officers during a drive-by shooting that took place on Mahogany Street in March 2016.  Despite being caught on surveillance footage with a firearm in his hands, Franklin denies that he was ever on the scene and fired shots at the officers.  Franklin is on trial for the attempted murder of P.C. Stephen Choco and Joseph Sutherland.  It is alleged that the policemen were on motorcycle patrol on Mahogany Street when they came across Franklin who was also a passenger on a motorcycle.  The driver of the motorcycle was signaled to pull over.  Instead of doing so, the driver sped off and a pursuit ensued.  That’s when Franklin reportedly produced a handgun and opened fire in the direction of the officers.  Franklin claims that on the day of the incident, he was at home and around one o’clock that afternoon, he went over to a football field where his mother was watching him play football.  He says that’s when they heard the gunshots.  Kareem Franklin is being represented by attorney Ronnel Gonzalez.  Franklin is on remand at the Belize Central Prison.

Retired Police Sergeant Convicted of Raping His Stepdaughter

A retired police sergeant has been convicted of the rape of a child and sexual assault and tonight he is on remand at the Belize Central Prison until he is sentenced on July sixteenth.  Earlier today in the High Court of Justice Candace Nanton, the sixty-six-year-old former officer was found guilty of molesting and raping his seven-year-old stepdaughter.  The crown was able to prove the charges during the testimony of the child with corroborating evidence from the little girl’s mother, as well as a teacher whom she confided in.  The minor, who testified in camera, told the court that sometime between October fifth and December seventeenth, 2021, her stepfather raped her.  A few months later, in April 2022, he molested her.  Justice Nanton, in finding the stepfather guilty, concluded that the testimonies of the child, her mother and teacher only strengthened the prosecution’s case.  The retired policeman denied the allegations and told the court that the entire story was fabricated.  Ahead of his sentencing, a victim impact assessment, as well as a social inquiry report and psychiatric evaluation have been ordered.

OJ Challenges Authenticity of Virtual Complainant Statements  

Today, attorney Orson Elrington made his third appearance in court for a matter involving an alleged rape that was reported in January. During the session, the D.P.P. provided partial disclosure and stated verbally all the evidence they intend to rely on at the preliminary inquiry. The defense, however, is seeking to challenge the authenticity of the electronic reports given by the alleged victim. Attorney Norman Rodriguez indicated to the court today that he wants to visit the precinct where the statements were purportedly recorded, including San Ignacio, San Pedro, and Belize City. In court, Elrington indicated that the need to verify these statements stems from a suspicion that the defense will be provided with accurate statements.

 

                              Norman Rodriguez

Norman Rodriguez, Attorney at Law

“We came today for disclosure to be served on the defens  and it was served the law requires that the prosecution prompt serves on the defense what it intends to rely on at the preliminary inquiry that was done. However, instructed by my client, we requested  certain  evidence that we believe can assist us  in deciding whether we’re going to make  any application or submission against the  committal to the high court or whether we’re not going to make it. We believe based on discussion with our clients and the other attorneys that there is evidence that is able to help us. However, the D.P.P.’s submission was that  she complied with the law and rightly we still need that  and the court has,  with the consent of the D.P.P., allowed us an opportunity to  go to the police stations and view certain electronic evidence. We come back on the 18th,  at which time the D.P.P. will serve additional evidence and the preliminary inquiry can be held any time thereafter  on the second  or after the second  of July,  which is two weeks, minimum of two weeks  after the  disclosure is made.”

Armed Robber Turned Bush Lawyer Walks Free of Charges

Earlier today, thirty-nine-year-old Jamaal Jackson, a well-known criminal, was acquitted of the charges of attempted robbery and grievous harm.  As we’ve reported, Jackson was accused of attempting to jack a pair of security guards who were making a night deposit at Scotia Bank on Albert Street back in 2016.  During the incident, Jackson was pursued by police after coming under gunfire when they responded to the robbery in progress.  A woman police officer was injured in the head and arm during the shooting.  An investigation subsequently led to Jackson’s arrest.  But tonight, he’s free of both charges as the case could not be proven in court.  After two days of a voir dire, the matter ended with a nolle pros, setting Jackson free of the charges.  Of note is that Jackson appeared unrepresented in court.

Selgado to be Sentenced on June 14th; Will He Get Prison Time?

Sentencing for embattled attorney Oscar Selgado is set for June fourteenth, when High Court Justice Nigel Pilgrim will decide whether Selgado, who has been convicted of abetment to murder, will be given prison time for the crime he committed.  The past two weeks have seen Selgado’s legal team put to the court several reasons why a non-custodial sentence should be handed down, including the fact that he is diabetic and is in poor health at the Belize Central Prison.  While that is the view of attorney Arthur Saldivar, the Director of Public Prosecutions is of the firmly held position that Selgado should be given a prison sentence, notwithstanding his health condition.  At the conclusion of today’s session, attorney Saldivar spoke with reporters about the court’s deliberations.

 

                               Arthur Saldivar

Arthur Saldivar, Attorney-at-law

“The court is guided by certain principles when it comes to exercising judicial reasoning in meting out a sentence under these circumstances.  The court has to give consideration to the issue of deterrence, of rehabilitation, of prevention and certainly the court also has to give consideration to retribution.  Every crime is an offense against the state, so the interest of the general public looms large under these circumstances.  Suffice it for me to say that what also looms large is the particular status of the offender in this case, him being an attorney-at-law and a person imbued with a special knowledge of the law and what is right legally and what is wrong, not only legally, but morally.  So these things loom large and these things have to be taken into consideration.  Also, what has to be taken into consideration is the health of the offender.  So with all this, myself, in representing and advocating on behalf of Mr. Selgado had to place as many as possible, issues for the court to consider in his favor, while at the same time not negating the existence of those issues that go against him.  And, of course, the other side, Madam D.P.P. had to take out that similar exercise with more of an emphasis on that which should be considered to his discredit.  So, insofar as that process goes, it was comprehensive, it was lengthy and we believe that the court has more than sufficient information that we provided, as well as what it has on its own to come out with a decision that would be fair and just and certainly acceptable to the Belizean public.”

Should Selgado be Given Jail Time for Abetment to Murder?  

During this afternoon’s hearing, Selgado’s attorney put forward that the convicted lawyer also has a mortgage that he is required to pay and that he stands to lose his life, as well as other properties, should he be given a custodial sentence.  Attorney Saldivar was also asked about the chances that the court would consider the mitigating factors presented on behalf of the defense.

 

                                Arthur Saldivar

Arthur Saldivar, Attorney-at-law

“This punishment may lead to him losing his life, it may also lead to him losing other things, if not his life, things that he was actively pursuing for his own benefit and the benefit of his family.  But that is not to say that because of the existence of these things he is to be considered favorably, to the exclusion of any other person in society under similar circumstances, no.  That is not what we are saying at all.  What we’re saying and what I am saying is, this is simply a part of the compendium of factors that are peculiar to him and what weight is given to that consideration and the consideration of that is certainly within the sole purview of the court. There is legislation and in so far as legislation exists to make this a possibility, my sole consideration is to avail my client with everything that may be able to give him the best possible outcome.  I don’t look to see whether or not I have a ninety percent, eighty percent or seventy percent chance of anything occurring, save and except that I will do my utmost best to put everything at my disposal before the court for a decision to be made. Given the facts that the court had to consider and the elements that were laid out, there are many aggravating factors that do not look good for the convicted Oscar Selgado.  Suffice it to say that where the guidelines are concerned, the ones from the UK that we were tasked to look at, the issue of harm is set against the issue of culpability.  So where those two things coincide or oppose each other, there is a consideration for a downward look at where to start.  In this case, yes, there is high culpability because of the role of Mr. Selgado, his status as a person of trust, having been a lawyer for Ms. Barnes and then being the prospective lawyer of Mr. Ramirez.  But then there is also the mitigating factor that no harm came to Ms. Barnes, and the truth of it is that, well, Ms. Barnes only learned of this threat after the threat was neutralized by law enforcement.”

Trial Resumes for 2016 Attempted Robbery  

Today, Jamal Jackson, who was charged back in 2016 for attempted robbery, was back in court to kick off the trial. The thirty-nine-year-old was one of two suspects in an attempted robbery of a Scotia Bank night deposit to which he pleaded not guilty at the time. Reports are that in 2016, Jackson and an accomplice were stationed on Albert Street where they waylaid an individual making a night deposit. The plan was unsuccessful, as a police mobile making night rounds drove by, resulting in Jackson and his accomplice opening fire. Jackson was pursued and arrested. He was also charged with keeping a firearm and ammunition without a license. Jackson’s trial was to begin today but was postponed due to a juror who revealed that she was acquainted with Jackson and therefore, would not be able to arrive at a verdict on this case. Jackson, who appeared unrepresented, was asked if wanted to proceed with an eight-person jury or select a new panel of jurors. He opted to proceed with an eight-person jury so the case will resume on Tuesday afternoon before Justice Candace Nanton in the High Court. Currently, Jackson is out on bail.

A Woman Whose Bail Was Revoked Erroneously Released

A prisoner who should have been incarcerated was erroneously released and was walking the streets.  The slip-up happened last month and wasn’t discovered until last week. Fifty-year-old Kervisha Harris had been before the court for several months on a charge of burglary. But she had not been appearing in court, so on April fifth, her bail was revoked. On April eighth, however, she was brought from the prison for another charge – possession of utensils – which was a crack pipe. She pleaded guilty to that charge and was fined a thousand dollars but that was where the confusion happened. Instead of sending Harris back to prison because of the revocation of her bail, she was released. This means that Harris was free for over a month, that was from April eighth until last Friday twenty-fourth, when she should have been in prison after her bail was revoked on the case of burglary which she still has to answer to. Police issued a bench warrant last week and picked her up on Friday. She was taken before the court today and was committed back in the custody of the prison authorities.

Ukrainian National Charged for Fatal RTA

Thirty-two-year-old Alinna Estell, a Ukrainian national, was slapped with three traffic offenses, including manslaughter by negligence, causing death by careless conduct and drove motor vehicle without due care and attention, when she appeared before the lower courts today.  The charges stem from a fatal road traffic accident that occurred on the Philip Goldson Highway on May ninth.  Estell, a naturalized Belizean, was driving a Honda Civic near mile nine when she knocked down thirty-one-year-old Gilbert Stephens Jr., a car washer of Lord’s Bank Village.  Stephens was riding a motorcycle when Estell crashed into him.  He succumbed to his injuries on May twenty-first.  In court today, Estell was arraigned on three counts.  No plea was taken from her and she was offered bail in the sum of five thousand dollars, plus one surety of the same.

San Pedro Teacher on Bail for Sexual Assault of Student

A teacher in San Pedro was arraigned on Thursday in the San Pedro Magistrate’s Court on three counts of sexual assault. The incidents allegedly occurred between January and March of this year with three students who are enrolled at the same school where he teaches. One of the victims is fourteen and the other two are fifteen years old. He appeared in court with his attorney, Ronnell Gonzalez, and was offered bail of nine thousand dollars which he met. He is to surrender his travel documents, not to apply for new travel documents, not to leave Belize without permission of the court, not to contact complainants and not to be within a hundred yards of the complainant. He is to report back to court July seventeenth.

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