Friday, October 16, 2009

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an adjournment! APDHE



The trial, which had been set for next Tuesday, October 20, has been postponed again - No new date has been communicated ... ..

The trial of jailed U.S. English could be postponed again, New York, October 16, 2009 (EFE).

The trial of Maria Jose Carrascosa, English which takes nearly three years in U.S. prison on matters related to the custody of the daughter he had with an American, could be postponed again, as a matter of agenda judge handling the case.

's sister English citizen, Victoria Carrascosa, Efe also confirmed it will suspend his trip to New York scheduled for this weekend pending fixing the new date. EFE / File
"The view, initially scheduled for next Tuesday, has been brought forward to Monday, but that day does not start the trial because the judge will set a new date," Efe said a spokesman for Carrascosa counsel, Scott Finkenauer .
Last May, Judge Donald Venezia set for Oct. 20 start of the trial after it has been postponed several often times at the initiative of the English itself, she has with her ex-husband Peter Innes a dispute over custody of their daughter Victoria Solenne.
"His trial was held on October 20 at 9:00 am, do you understand?. If that day is not ready for the procedure, the trial will start anyway," he said on that occasion the judge a English citizen , who is in prison for over two years and could be sentenced to between five and twenty years, according to his lawyer.
Now, however, has been judge of the court's own Bergen County (New Jersey) who one day decided to advance the date of the hearing on agenda issues and the parties expressed their interest to delay the trial again.
"Apparently the judge is engaged in another trial, so it plans to introduce a delay in the hearing on Monday, which was not even expected to attend the very Carrascosa," Efe said the English consul in New York, Fernando Villalonga, after talking to the defense of English. Carrascosa
Spain took the girl and since then has been engaged in a complex legal situation, as is charged in U.S. of contempt of court and eight other offenses related to interference with custody of the child.
's sister English citizen, Victoria Carrascosa, also Efe confirmed it will suspend his trip to New York scheduled for this weekend pending fixing the new date.
In November 2006, Carrascosa was jailed indefinitely until the United States moved to her daughter, with whom he traveled to Spain in 2005 when it was separated from Innes.
To try to resolve this situation once, where there is a conflict between the U.S. and English courts, the authorities of both countries have tried unsuccessfully to facilitate a settlement between the two parties.
According to the defense once the trial begins, which is scheduled for the participation of a jury, it could extend three or four weeks.

Saturday, October 10, 2009

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launched an awareness campaign to extradite Carrascosa before the start of the U.S. criminal

MADRID, 6 Oct. (EUROPA PRESS) - The Human Rights Association of Spain (APDHE) today launched an awareness campaign to extradite María José Carrascosa before criminal proceedings begin next October 20 in the U.S..
Lemons, 42, has since November 2006 in custody in New Jersey, where he is accused of kidnapping his daughter, who now lives in Spain with his maternal grandparents. His father, an American citizen requires the custody of the child, under which corresponded to his mother as a final verdict of a English court.
In this sense, the family lawyer, Piluca Hernandez, claimed his return to Spain, claiming the final judgments of the available resolutions that "American courts do not recognize," he said at a news conference.
Counsel stated that the Ministry of Foreign Affairs were told they were in a "conflict of jurisdictions," whereupon he said that "the same matter can not be judged in two countries." In this situation, the defense is based on international law and the principle of reciprocity, which "do not meet the U.S. courts." Both
Association as his lawyer and his family, represented by his father, José Carrascosa, also present at the press conference, want to sensitize the civil society of this "irregular" and advocate a bilateral agreement is reached between the English Government and American. DISEASE

According CARRASCOSA father told Carrascosa, it is in a "deplorable situation" physically and suffering from thyroid has a spleen, pancreas have means and all that together with their status has led to suffering now 2 diabetes. In addition, he said, has been mistreated in prison for "retaliation" to action in his favor that are developed in Spain.
also said he was in drug treatment before entering prison and might have swallowed "foreign substances." Therefore, two shipments made through the ministry with the medication she needed but were returned.
His family has spent nearly a million euros during the whole process and ensures that it is "shattered" and, as his father insisted, fears for the life of his daughter. Moreover, they can go to her to jail because of them (grandparents) also bears an arrest warrant for accessory to kidnapping. "It is in a helpless situation," he said.

Friday, May 1, 2009

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AGREEMENT BY SIGNING

Carrascosa have to withdraw the allegations of poisoning and to leave the prison abuse
The agreement provides that the father could only see her daughter in the presence of psychologists
05/02/1909 - Las Provincias, A. RALLO VALENCIA (Photo: EFE / Miguel Rajmil)


María José consume the hours while torn between a yes or no after more than two years in prison for a conflict with the custody of his daughter. Not sure what decision to make. But the terms are clear: Carrascosa should talk before day 13 May. That is your limit.
If you are accepting out of prison. But that approval will also drop charges against her ex-husband, Peter Innes, and to establish visitation with the minor, according to sources familiar with the case confirmed.
The first point is one of the more repairs due to Mary Joseph. According to his lawyer, the notorious Marcos García Montes, several proceedings in Spain against her former husband. Specifically, for an alleged poisoning Carrascosa and abuse, among other complaints.
These cases are "pending" a few letters rogatory, the lawyer said. Next week is due to attend the Comunitat to know the details of these procedures.
One of the keys Carrascosa defense was trying to prove that counsel did not bring the girl to Valencia because he was afraid of Innes as this, according to his version, had been poisoning ever since I was pregnant with Victoria, so As explained Finkenauer Scott, counsel for the Valencia. However, prosecutor Carol Novey Catuogno, once argued that there was no evidence of this charge and less than that Innes was involved.
The benefit, she
All parties consulted agree that the best interest according to who is the youngest. A girl who has not seen his mother for more than two years but neither his father. The small lives with his grandparents in the Region since 2005. But the agreement leaves no leeway to that Innes may see his daughter alone. In fact, as explained by Carrascosa's attorney in the visitation provides that a psychologist should be present during the hours the parent is with the child.
In the event that the child had to travel to the USA. States, I would always accompanied by his mother's family and there would be a requirement the presence of a psychologist.
The court agreed with her former husband from Valencia would leave the prison where he is being held for two years. All parties are encouraged Carrascosa to give the other because each passing day in prison affects their physical and mental state. In addition, his family has suffered numerous assaults in prison. However, the final decision lies in your hands.
The Consul of Spain in New York, Fernando Villalonga, said the agency Efe Carrascosa this week that "it seems very hard that, after two years in jail, get an agreement, but also sees no more output. " His words, therefore, presage a happy ending to this story.
Should give no for an answer, the situation will complicate José María excess. It seems very unlikely, almost impossible to get out of jail Carrascosa without providing the child to Innes. And neither would be easy to understand not to accept an agreement to put an end to his time behind bars.

social pressure ex-husband's lawyers are aware that this trick is working in their favor. "The rejection of the agreement would be seen by the jury as evidence of parental interference of which he is charged, which would lead to his conviction," the lawyer Pérez Roldán.
The lawyer also said that English public opinion does not understand this refusal. Finally, he reiterated his offer of settlement to understand "that the child, Victoria, must have a father and a mother to her side. "
The legal battle between Carrascosa and Innes began in July 2005 when a court gave Maria Jose Valencia custody of his daughter, which sentence was ratified in January 2007. A In early 2006, José María Innes sued for kidnapping the girl in Spain. Judge Edward Torack, Bergen County (New Jersey), did not recognize the English sentences, awarded custody of the child to the father and ordered the mother return to EE. UU. to give to your daughter.
In August 2006 she traveled to the USA. UU. to attend a court hearing, where he met the charges against her, her passport and was told that was to deliver the baby. However, Valencia refused to follow the judge's orders and was jailed.