In a Mexican prison for over 120 days, Marine Sgt. Andrew Tahmooressi entered a federal court in Tijuana and faced four border officials who were involved in his March 31 arrest on weapons charges.
Four witnesses -- two Mexican soldiers and two Mexican border agents involved in Tahmooressi's arrest -- testified on Monday.
Defense Attorney Fernando Benitez asserts Tahmooressi's civil rights were violated because he was not provided a translator to adequately explain why he was being arrested. He also alleges the 26-year-old Marine was held at the port of entry, where he crossed from San Ysidro, Calif., for more than eight hours before being transported to the federal police headquarters and formally charged with the Mexican federal crime of bringing weapons and ammunition used by the military into the country. He was not charged with weapons trafficking.
"The technical result of that would be that any and all evidence derived from that illegal time frame, the first eight hours ... could not be used to predicate the judge's verdict on it," Benitez told Fox News. Mexico does not have jury trials, and Tahmooressi's fate is in the hands of a single jurist -- Judge Victor Octavio Luna Escobedo.
Jill Tahmooressi, mother of the jailed marine, joined Sean on Thursday's program to discuss her son's case. Jill told Sean that her son left Monday's court appearance disappointed because the judge did not release him nor did he set a timetable for his release. Jill fears Andrew may wind up in prison well into winter, but does not have the heart to break the news to her son.
Jill believes President Obama should be aware of Andrew’s plight, given that he’s Andrew’s Commander in Chief. “Please at least let me know, President Obama, that you’ve had a word with President Nieto. That alone would give me some sense that he knows about his Sergeant...I would at least expect a word saying that we’re in discussion,” said Jill Tahmooressi.