Miami (USA), Mar 4 (Entravision) .- The defense of the spanish Pablo Ibar, sentenced to death in the US, will present the next April 8 by the Supreme Court of the state of Florida an appeal against a court ruling that rejected the repetition of the trial in which he was convicted in 2000.
this resource with the defense of Ibar requests that supreme court of Florida reversed the judge’s ruling that state in February of 2012 dismissed another presenting by the lawyers in which they claimed to be canceled and a retrial to the only Spanish which is located in the corridor of death in the United States.
“is going to present before the Florida Supreme all evidence, both the Supported by the judge (in the evidential hearing) for your review as the rejection that review and dismissed,” said today to EFE Andres Krakenberger, spokesman for the association against the Death Penalty Pablo Ibar.
In the judicial hearing, which will take place in one of the chambers of the Supreme, located in Tallahassee, the capital of Florida, both parties, the attorneys of Ibar and the representation of the State, will present their respective arguments.
The highest court in Florida, which is composed of seven judges, then examine the case and issue a fault, probably not before two years, noted Krakenberger.
The spanish, which takes 20 years in prison, 14 of them in the corridor of death in a prison in Florida, was sentenced The death penalty for the triple murder of three people, the owner of a nightclub and two models, committed in 1994.
The litmus test of the case is a black and white video recorded by security cameras in the house of the owner of the nightclub, in which they appear two individuals with the faces covered searching for objects of value.
At the end of the recording is seen as one of them discovers the face and, despite the poor quality of the image, the Prosecutor said at the trial that corresponded to Ibar, which has the dual nationality Spain and the United States.
One of the arguments put forward by the judge of the Broward County, north of Miami, to justify its refusal to repeat the case is related to the reliability of the images recorded by the security camera at the time of the events.
In this regard, the American judge assigned to the case,Jeffrey R. Levenson scale, said in the written statement dismissing the appeal filed by the lawyer Benjamin Waxman, that the expert facial contributed by the defense not stated that could not be ruled out that the individual who committed the murder was not Ibar, he therefore valid images as incriminating evidence.
In 2009 testified before an expert facial Levenson scale british that it was of the opinion that the images were too blurry and, therefore, for them it could not be concluded that the person who Appears was Ibar.
The expert noted that the recording would never have been accepted in the United Kingdom as evidence in a trial.
The expert in facial recognition concluded that the “quality of the video was such that it could not be made a positive identification” of the perpetrator of the crime – explained the judge in its decision-, but also “admitted that he could not rule out that the accused was the murderer captured in the video” .
In addition, Levenson scale rejection consider as valid the confession in 2009 of the court-appointed lawyer who defended Ibar during the trial; Kayo Dogha Morgan.
Morgan confessed to the judge who had committed serious mistakes in the entire process of defense, because he was going through a complicated period staff due to the problems of their Wife, who was drug addict, and his ill-health, with continuous depressive boxes and “pneumonia, insomnia, asthma, bronchitis and fatigue,” he said in his appearance.