XPost: misc.legal, misc.immigration.usa, alt.fan.rush-limbaugh   
   XPost: talk.politics.guns, sac.politics   
   From: yourdime@outlook.com   
      
   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.   
      
   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."   
      
   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.   
      
   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.   
      
   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."   
      
   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   
   consent decree against this agency. This is just crazy. These people   
   should not be having badges of authority."   
      
   Fox News Digital reached out to the Santa Cruz County Sheriff's Department   
   about the defense consultant's allegations again on Tuesday but did not   
   immediately hear back.   
      
   "We're not here to solve the mystery," Larkin said Thursday. "And the fact   
   is, we're probably never going to know what really happened to Gabriel.   
   And we won't know because the investigation in this case jumped to   
   conclusions. They didn't search when they should have. They didn't   
   preserve evidence that they should have. They didn't do tests that they   
   should have. And now we'll never know."   
      
   "We all live in Santa Cruz County. I live in Santa Cruz County. You folks   
   live in Santa Cruz County," Larkin said. "After reviewing all the evidence   
      
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