Trials - Channel 5 Belize

OJ Elrington is on Bail for Rape

Meanwhile, in the lower court, Elrington was accompanied by his father, Hubert Elrington, and fellow attorneys Norman Rodriguez and Michelle Trapp. The Senior Magistrate explained to Elrington that due to the nature of the offense, she will not take a plea. When the prosecutor was asked if he had any objection to bail being granted to the accused, he raised no objection. With that, bail was offered in the sum of eight thousand dollars, plus one surety of the same amount. The conditions of his bail include reporting to the Belama Police Station every Tuesday, as well as surrendering his travel documents to the Clerk of Court. We spoke with Hubert Elrington and Norman Rodriguez following the arraignment.

Hubert Elrington, Attorney-at-law

“We believe that it‘s going to be very difficult for any of them to defeat us in a criminal trial. That‘s all.”

Court Reporter

“Can I ask a question? We know that the norm here at court is that persons who are accused and charged with rape, normally there is an objection to bail. Today, there was no objection in court today. As it relates to the law, tell us how that was.”

Hubert Elrington

“I wasn’t in court when that was gone through so you would have to ask somebody who was there.”

Norman Rodriguez, Attorney-at-law

“As it relates to the bail, there was no objection and if there was no objection then we really have nothing more to day.”

Court Reporter

“Okay, but as it relates to the law, does the offense of rape, does it appear as one of those offenses that the court can or cannot grant bail?”

Norman Rodriguez

“It is not listed in Section 16 of the Crime Control and Criminal Justice Act. As a result of that, the magistrate can grant bail and she did.”

Court Reporter

“Tell us a little bit about the conditions to his bail.

Norman Rodriguez

“It‘s the usual, he has to sign in once a week. He must stay or not come within a certain distance of the virtual complainant or any of the prosecution‘s witnesses. He is to surrender his passport and if he needs to leave the country, he has to get permission from the court. It‘s normal.”

D.P.P. Comments on Charge Dismissed Against Accused Murderer

An accused murderer is a free man tonight after a crown counsel in the D.P.P.’s office failed to show up in court. As we reported on Thursday, Shawn Hertular saw the charge dismissed by Justice Derick Sylvester because no one from the Office of the Director of Public Prosecutions appeared in court. Hertular was accused of fatally stabbing Miguel Zaiden in November 2021. Prior to that charge, he was sentenced to twenty years in prison for a previous homicide. So, the man who was once sentenced for murder and charged with another is now a free man. So, whose fault is it? That’s what we asked the Director of Public Prosecution, Cheryl Lynn Vidal, today.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Sometime ago that file was assigned to a particular counsel, and that counsel did not show up to work or to court yesterday. and that matter will be dealt with. I don’t want to speak any further on it.”

Hipolito Novelo

“But the murder charge that has been dismissed, right?

Cheryl Lynn Vidal

“That was the indication from the marshal.”

Hipolito Novelo

“Yes. He’s basically a free man.”

Cheryl Lynn Vidal

“At the moment. Yeah.”

Hipolito Novelo

“(He) can’t be charged with the same crime again.

Cheryl Lynn Vidal

“We will make a determination as to how we are moving forward with the matter.”

Hipolito Novelo

“So who’s ultimately to blame here? Basically no one from the DPP’s office was sent. Is it you to blame?

Cheryl Lynn Vidal

“You’ve all been here. When I have matters, I show up on time.”

Hipolito Novelo

“Insubordination from your staff? I know we had issues between you and them in the past and the Attorney General’s office. Indication about ongoing tensions?”

Cheryl Lynn Vidal

“I said it will be dealt with. There was a counsel who should have appeared to conduct that trial yesterday and that counsel did not appear and that was the consequence.”

Convicted Criminal Anke Doehm May Face More Charges

Anke Doehm is the sixty-three-year-old American woman who the High Court found guilty of cruelty to a child earlier this week. Doehm was remanded to the Belize Central Prison after a nine-member jury unanimously found that she neglected her adopted daughter, thirteen-year-old Fay Lin Cannon, who ultimately died because of that neglect. She is expected to be sentenced on Tuesday, March fourteenth. Doehm may also be facing additional criminal charges. The Director of Public Prosecutions, Cheryl Lynn Vidal, told News Five that based on what was revealed during the trial, her office will be pursuing additional charges against Doehm.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Yes, Anke Doehm was convicted on Monday of cruelty to a child. Unfortunately, during the course of preparing for and prosecuting that case, a lot more came to light. And it may be that further action may be taken against her in the coming months, it may be.”

Hipolito Novelo

“Is your office looking for the maximum penalty in this case?”

Cheryl Lynn Vidal

“I don’t think in the circumstances she will get the maximum penalty, but we’re certainly looking at a custodial sentence.”

Hipolito Novelo

“What’s the maximum sentence that she can get?

Cheryl Lynn Vidal

“10 years.”

C.C.J. Dismisses Murderer’s Appeal

The Caribbean Court of Justice today dismissed an appeal brought by Nevis Betancourt. He is the man who was convicted of the murder of Jose Castellanos. In July 2017, Castellanos was shot inside a restaurant in Santa Elena Town. Betancourt was subsequently indicted and tried for murder. He was convicted and sentenced to twenty years in prison. The Court of Appeal dismissed the appeal and affirmed the conviction. Betancourt appealed to the C.C.J. on the ground that the Court of Appeal erred in upholding the trial judge’s rejection of the defense of self-defense. The trial judge accepted the case for the prosecution, which was that Betancourt entered a restaurant, shot Castellanos twice before Castellanos chopped him with a machete. Betancourt continued to shoot Castellanos, who left the restaurant and thereafter died. The C.C.J. ruled that Castellanos did not act in self-defense, but rather that he was the aggressor. The Crown was represented by the Director of Public Prosecutions, Cheryl Lynn Vidal.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Yes, I had to unfortunately come out of court to go to receive that judgment and the appeal was dismissed and the conviction was affirmed.”

Hipolito Novelo

“On what grounds?

Cheryl Lynn Vidal

“Their argument was that there was a third version of events that the trial judge had not taken into account and so there was a resulting miscarriage of justice. Our response was that there was in fact no third version because on the facts that the trial judge accepted she had already found that he was not in fact acting in self defense. He was the aggressor and the court found favor with our arguments.”

Six Officers Dismissed In Connection To Drug Plane

In November 2023, six police offers were dismissed from their post in connection with the landing of multiple drug planes in 2021. The accused are, Delwin Casimiro, Nelson Middleton Junior, and Eric Young, all former police officers who were linked to a drug plane landing and were charged criminally and later dismissed from the Belize Police Department. The case also included Manuel Caliz, along with his sister, Epifania Caliz who was dismissed primarily for ammunition charges and her husband Elmer Nah, who was charged jointly for possession of prohibited ammunitions without a gun license. The officers were dismissed in November of 2023 in a letter they all received from the Commissioner of Police Chester Williams ordering them to state a reason why they should not be dismissed. All applicants did so but in response, Williams said the men gave no valid reasons and they were subsequently dismissed. Today, leave was granted for judicial review by a newly appointed judge. The leave for judicial review is for them to now go in search of certiorari as the judge squashed the Compol’s decision to dismiss these officers. Representing the six applicants in court was attorney, Lyndon Jones. The Attorney General’s Ministry was represented by Samantha Matute, the Assistant Solicitor.

Anke Doehm Convicted of Cruelty to a Child

Sixty-three-year-old American national, Anke Doehm, was convicted of cruelty to a child and remanded to prison until her sentencing on Thursday, March 14. High Court Judge Derick Sylvester remanded Doehm based on the unanimous guilty verdict returned by a nine-member jury. The court found that Doehm willfully neglected her adopted daughter thirteen-year-old Fay Lin Cannon, between January first, 2017 and July third, 2017, in San Pedro Town. Despite Doehm’s claims of innocence, the Director of Public Prosecution Cheryl Lynn Vidal argued that Fay Lin suffered neglect and malnutrition, ultimately leading to her death. During the trial, the D.P.P. presented several pieces of evidence, including testimony from Cannon’s sister and medical reports, alleging that Doehm failed to provide proper care for her daughter, leading to her death from chest compression injuries. Doehm’s attorney, Adolph Lucas Senior, argued that it was Doehm’s husband who was responsible for Fay Lin’s death. He said that Fay Lin was entrusted to David Doehm who committed suicide months later. Lucas told the jury that his client left Fay Lin in David’s care after she was diagnosed with cancer. The jury did not buy it and unanimously found Doehm responsible for Fay Lin’s untimely death.

Bus Drivers Clash in Mahogany Heights, One is Charged

An altercation between competing bus drivers in Mahogany Heights has resulted in a conviction of damage to property and a fine being levied on twenty-two-year-old Jeshron Flowers. This afternoon, Flowers, originally from Burrell Boom Village, appeared before the lower courts where he was arraigned on two offenses, including common assault. It is alleged that on Tuesday, Flowers damaged a glass window on a bus belonging to Jeromie Samuels. According to Flowers, when he was passing by Samuels’ bus, the driver accelerated the engine as if to run him over and that’s when Flowers threw a bottle at the vehicle. In court, Flowers wasted no time and admitted to the offense. For his guilty plea, he was imposed two non-custodial sentences. For damage to property, he was fine five hundred dollars and for common assault, he was fined six hundred dollars. Those fines are due by April thirtieth and May thirty-first, respectively, or in default he will spend three months in prison.

Anke Doehm Returns to Court 7 Years Later

The sensational case of thirteen-year-old Fay Lin Cannon who died under questionable circumstances in the care of an American couple living in San Pedro made headlines in 2017. Sixty-three-year-old Anke Doehm was jointly charged along with her husband David Doehm in the wake of the child’s death. Her husband took his own life a few years later and today, Anke Doehm appeared before newly-appointed High Court Judge Derrick Sylvester and a jury of nine persons. The allegations against her is that she willfully neglected Cannon in a manner that was likely to cause injury to her health. Both sides presented oral submissions before the bench, beginning with the Director of Public Prosecutions who addressed the jurors by first showing them three gruesome images showing Cannon’s severely bruised body. The D.P.P. also presented an image that showed an emaciated thirteen-year-old girl who Doehm claims was never neglected. The D.P.P. concluded that Fay Lin Cannon’s death was not an accident. On the other hand, Doehm’s attorney, Adolph Lucas Senior, urged the jury not to believe the allegations made by the D.P.P. and asked jurors to acquit his client because the Crown failed to prove the charge of cruelty to a child. The case against Anke Doehm will be summed up on March fourth.

Brandon Gillett will go to Trial for Firearm Offenses

Thirty-eight-year-old Brandon Gillett, a court bailiff, appeared before the Chief Magistrate for a second time earlier today. As we’ve reported, he was arrested and charged in December 2023 for firearms offenses. This morning, when Gillett appeared in court, he requested a sentencing indication. He was informed that, by law under a section of the Firearms Act, the minimum sentence is five years. However, the Chief Magistrate, using her discretion as it relates to first-time offenders, can impose a lesser prison time for someone with no previous convictions. In Gillett’s case, she could sentence him to one year. Upon hearing that, Gillett told the court that he is prepared to go to trial and, with that, his case was further adjourned April thirtieth. At that time, Gillett is expected to be provided with disclosure in the matter and a new date for trial will be agreed upon. A search of Gillett’s residence in Los Lagos on December twenty-first, 2023, turned up a Springfield .223 rifle which was altered, as well as a nine millimeter pistol. He was charged with five counts of altering a firearm. He remains out on bail since December twenty-ninth after he was able to pay the ten thousand dollar sum.

Trio Accused of Murder Rejects Partial Disclosure

Three alleged suspects, accused of the grave yard murder of eighteen-year-old Gabriel Tillett, appeared in court today to receive disclosure, however, they rejected the partial disclosure that the court was offering them. They are twenty-eight-year-old Samuel Trapp, twenty-three-year-old Robert Lamb and twenty-six-year-old Kevin Lanza.

The trio appeared before the Chief Magistrate this morning where they were provided with partial disclosure in the amount of seventy-three pages. Lamb expressed his disappointment with the partial disclosure and told the court that it is unfair for the prosecution to provide them with only part of the evidence despite the fact that the period for disclosure had already expired. Lamb, Trapp and Lanza said that they will wait for full disclosure in the matter. Tillett was found dead inside the Lord’s Ridge Cemetery on July fourth, 2023. He had been lying face up with multiple injuries to the face.