It’s no wonder the Mexican police detectives in the explosive new documentary Presumed Guilty stare at the camera during the dramatic retrial for murder of Antonio Zúñiga and accuse the filmmakers of threatening them by the mere act of filming. The cameras are there as part of an unprecedented effort by two young married lawyers, Layda Negrete and Roberto Hernández, to bring cameras into Mexican courtrooms to expose a justice system they see as corrupt and fatally compromised by a medieval concept of guilt and innocence.
The one-hour documentary premieres on July 27, 10pm on PBS and online beginning July 28 through August 4 (www.pbs.org/pov/tvschedule).
In México, those arrested are, in practice, considered guilty until proven innocent — with predictable results. The great majority of the accused never see a judge or even an arrest warrant. The conviction rate in México City of those who do go to court is an incredible 95% , but 92% of verdicts lack scientific evidence. The road from arrest to prison proceeds behind closed doors via reams of paperwork that may have more to do with bureaucratic needs than actual events.
Antonio Zúñiga was a 26-year-old street vendor and aspiring dancer/rapper on Dec. 12, 2005, when police grabbed him off a México City street and shoved him into a police car. For 48 hours he was kept in a holding cell at a stationhouse and held incommunicado without being told the charges against him. His repeated questions elicited only the accusation “You know what you did.” Zúñiga learned of the charges only when another detainee asked him, “Are you the guy accused of murder?”
Accused of shooting and killing a young man named Juan Reyes, Zúñiga went to a closed-door trial knowing that no physical evidence linked him to the crime and that several witnesses would testify that he had been at his market stall at the time of the murder. He had no link to the victim, no motive and no criminal history. The judge, Hector Palomares, found Zúñiga guilty and sentenced him to 20 years behind bars.
A young man’s sudden abduction off the streets of the capital is not unheard of in México. Under intense pressure to solve rising crime, especially by drug gangs, police are sometimes suspected of grabbing and charging the first hapless person they come upon, often a poor person without resources for a defense.
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