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   az.politics      Arizona politics      3,152 messages   

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   Message 2,838 of 3,152   
   pete swain to useapen   
   Re: Arizona rancher George Alan Kelly de   
   24 Apr 24 13:35:58   
   
   XPost: misc.legal, misc.immigration.usa, alt.fan.rush-limbaugh   
   XPost: talk.politics.guns, sac.politics   
   From: pswain3@nmsu.edu   
      
   On 4/24/2024 2:00 AM, useapen wrote:   
   > Arizona rancher George Alan Kelly’s defense confirmed to Fox News Digital   
   > that there was "one, lone holdout" who wanted to convict, while the   
   > remaining jurors sought an acquittal.   
      
   One lowlife leftist scumbag.  Be like a Democrat, post this scumbag's   
   personal information all over the public domain.   
      
   > Arizona Superior Court Judge Thomas Fink declared that the case ended in a   
   > mistrial on Monday, as the jurors were unable to reach a unanimous   
   > decision to convict Kelly of second-degree murder or any of the lower   
   > counts of manslaughter, negligent homicide or aggravated assault with a   
   > deadly weapon. Fink scheduled a 1:30 p.m. status hearing for Monday, April   
   > 29.   
   >   
   > Fink said that the hearing next week will "allow the state to take a look   
   > at the situation and decide whether or not it wishes to ask the court to   
   > reset the matter for trial."   
   >   
   > "The jury verdict was seven to acquit and one, lone holdout who was   
   > stubborn and would not listen to evidence," the defense team told Fox News   
   > Digital. "All the other jurors were angry about it."   
      
   Take the holdout for a ride to the border and tie him/her to a fence   
   post overnight.   
      
   > The jury remained deadlocked after deliberating since Thursday for more   
   > than 15 hours.   
   >   
   > "They won't wear me down," Kelly said at the courthouse of the potential   
   > of being tried a second time, according to AZ Central.   
   >   
   > "I feel like I've been in suspension for 15 months, and I'm getting   
   > nowhere, and I'm still on that treadmill. We have to wait a little   
   > longer," Kelly's wife, Wanda Kelly, added Monday, according to the outlet.   
   >   
   > Fox News Digital reached out to Santa Cruz County District Attorney George   
   > Silva's office on Tuesday but did not immediately hear back.   
      
   "Silva", there's the problem too.   
      
   > Kelly’s defense attorney, Brenna Larkin, said in her closing argument last   
   > week that evidence did not support the prosecution’s claim that the   
   > deceased, Mexican national Gabriel Cuen-Buitimea, was an "unarmed migrant   
   > pursuing the American Dream" before he was found shot to death on Kelly's   
   > 170-acre cattle ranch near Keno Springs outside Nogales, Arizona, on Jan.   
   > 30, 2023.   
   >   
   > The defense claimed that prosecutors failed to prove that Cuen-Buitimea   
   > was shot by Kelly's gun. The defense maintained that Kelly only fired   
   > warning shots into the air from his patio earlier that day, and Wanda   
   > Kelly testified about dialing their Border Patrol ranch liaison upon   
   > spotting two armed men dressed in camouflage and carrying rifles and   
   > backpacks walking about 100 feet from their home. Law enforcement   
   > responded to the property, and hours passed before Kelly called Border   
   > Patrol again to report finding the body about 115 yards from the ranching   
   > couple's residence.   
      
   Law enforcement failed / refused to look around i the first place.   
      
   > A criminologist working pro bono as a consultant for Kelly’s defense, Dr.   
   > Ron Martinelli, excoriated Santa Cruz County Sheriff David Hathaway's   
   > testimony about having crossed the border to Mexico weeks after the   
   > shooting on Kelly's ranch to interview Daniel Ramirez, a Honduran man who   
   > prosecutors claim was the sole sight witness to Cuen-Buitimea's death.   
   > Larkin said, based on Ramirez's own testimony, he was not there.   
   >   
   > Ramirez testified that he formerly ran drugs across the border, though not   
   > on the day of the shooting, and had been deported several times.   
   > Additionally, the defense argued the investigation was mired by cartel   
   > influence.   
   >   
   > Hathaway, who only recorded about six minutes of a 40-minute interview   
   > with Ramirez, was pressed about a conduit who arranged the meeting in   
   > Mexico named Juan Carlos Rodriguez.   
   >   
   > Martinelli told Fox News Digital that the district attorney's office was   
   > forced to reveal to the defense team that Rodriguez is a twice convicted   
   > felon – the first for aggravated assault and domestic violence after   
   > strangling his girlfriend, and then he served another two years in prison   
   > "for the transportation of weapons into the United States."   
   >   
   > "The Sinaloa Cartel and Malas Manos do not allow independent people to   
   > bring guns, traffic guns into the United States," Martinelli told Fox News   
   > Digital last week, while the jury was still deliberating.   
   >   
   > ARIZONA RANCHER GEORGE ALAN KELLY'S WIFE TESTIFIES IN MURDER TRIAL,   
   > DESCRIBES ARMED MEN NEAR BORDERLANDS HOME   
   >   
   > "To me, [Hathaway] absolutely conceded to violating Mexican law and United   
   > States State Department protocols with regards to conducting an   
   > international investigation in Mexico," Martinelli said, referencing the   
   > sheriff's testimony. "His whole statement and justification that he went   
   > down to Mexico to quote, 'offer his condolences to the family' is beyond   
   > belief. You know, are we to assume that that's his M.O. every time a   
   > Mexican national dies in a violent crime in Nogales that he personally   
   > takes it upon himself to go down to a foreign country to express his   
   > condolences? I mean, that's beyond the pale."   
      
   That's not a "sheriff", that's a cartel patsy.   
      
   > Martinelli further took issue with the sheriff's department and the   
   > district attorney's investigator. "Once they knew who these people were,   
   > well into this investigation, months and months ago, they continued to   
   > believe these people over two American citizens, who were law-abiding and   
   > cooperative," the consultant added.   
   >   
   > The defense also pressed Hathaway on the stand about a YouTube video in   
   > which the sheriff referenced the Kelly case and claimed that the rancher   
   > wanted to "hunt me some Mexicans."   
   >   
   > "Just after hearing the sheriff and seeing the video, to us, the sheriff   
   > was the moving force behind the arrest and continued prosecution of George   
   > Alan Kelly. And I believe, this is my opinion, I believe that it was to   
   > further his political designs for re-election as sheriff," Martinelli said   
   > last week, vowing to bring a personal complaint to the state's attorney   
   > general's office seeking an investigation into Hathaway and the sheriff's   
   > department regardless of the outcome of the case. "Because if this was the   
   > United States Department of Justice, and we had such a grievous civil   
   > rights violations, DOJ would be on and the FBI would be on top of this in   
   > a heartbeat, and they would be looking towards what we refer to as a   
      
   [continued in next message]   
      
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