Below is the English translation of an article (Click here to open link) about the recent events surrounding the continuing injustice in Chavelo’s case.
After attorney Jose Cabrera brought a writ of habeas corpus, the serving judge decided to hold off the hearing for the measure (to change the incarceration orders) in the case of peasant farmer Isabel Morales until Monday January 6th.
Defense attorney Omar Menjivar, filed the writ of habeas corpus in favor of the farmer who has been in prison for 5 years and whose retrial is to be held in these coming days.
It wont be until January that the hearing will review the measure of imprisonment that maintains the incarceration of the farmer even though the application of this measure was presented on December 9th .
Several organizations and individuals requested the freedom of Morales via telephone to the Court of Appeals of La Ceiba.
Menjivar said, “We have encountered the reticent and malicious attitude of the Trial Court of Trujillo in the sense of refusing or declining to resolve a request we presented to it so that the measure of preventative incarceration could be overturned. There is an event of an inescapable legal nature which is the judgment of the Criminal Chamber of the Supreme Court of Justice (CSJ) annulling the sentence issued by the court of the city of Trujillo in the department of Colón. The immediate effect of that judgement (by the Supreme Court), which at the same time ordered the retrial, is the immediate release of Isabel Morales given that there is no judgment that condemns him, it’s like it never existed “
José Isabel Morales, has been jailed since October 17, 2008. He was convicted of the murder of Carlos Manrique Osorio (Osorto). The trial was in June 2010 and the conviction didn’t occur until late July 2012.
Morales, who will spend Christmas in prison even though he had hoped to be released by that time, regrets that Honduran justice has mercilessly tread on him.
He stated, “I’m a little angry because they are violating my rights when the law says an inmate, after two years without trial, must be released and they have not complied with the laws. In my case, they have not complied with the law, they have only played with me because they only know how to prosecute innocent people. I’m just a farmer. I like tilling the soil. In the court of Trujillo there are scoundrels. Hopefully the State will change the judges so that they deal with the accused whom deserve justice and they respect the dignity of those people.”
Morales blames the Court of Trujillo for anything that might happen to him during this time that he remains incarcerated because he is sure that there are shady interests behind his case.
Chabelo lost an eye in an accident in which he also injured his tongue while doing yard work in the prison farm in La Ceiba, Atlántida.