Osvaldo At Home?
From Hank's The Re*V*iew
There are unconfirmed reports that - maybe because of the Holy Holiday -
Osvaldo Villalobos has been allowed to celebrate this time with his
loved ones. (And since that party of investors would be excessively
large, he may have been sent home to his immediate family instead...)
A UCCR mailer on Friday morning indicated that his detention was changed
to house arrest.
Details are sketchy and nothing has been confirmed. I have a few calls
to sources in but thus far, no one else has reported on this.
On this note, and assuming that Osvaldo is indeed enjoying a Family
Easter, I am experiencing some deja vu...
This makes the second time that he is outside of a Costa Rica prison and
under house arrest. The first time this occurred, I urgently suggested
for UCCR to grab this opportunity and visit him. Because UCCR has been
the only organization to date that has exhibited an unequivocal support
for The Brothers and an unrelenting belief of their innocence, Osvaldo
should be delighted to receive them.
It would give him a chance to express his heartfelt thanks to these
people who, with the help of JMV and the support of their membership,
continue to herald the reputation of Enrique and Osvaldo.
It would also give UCCR the opportunity to personalize and reinforce the
relationship of Trust and Faith, they can make him aware of the depth of
this personal support that may have gone unnoticed from behind the
prison walls.
It has to be a warm feeling for Osvaldo to learn that there are REAL
PEOPLE, outside of his family, who sincerely care for him and support
the theory of his innocence.
The first time, UCCR did not grab the chance to meet with Osvaldo. Some
say that he refused to see them because of time and scheduling
constraints.
Whatever the reason, here's another chance!
Get out of Denny's and support the guy in person by bringing him a nice
Easter Basket.
As the lone approachable representative of The Brothers, he's the only
one who might be able to shed some light on unanswered questions.
Let's see what happens...
A Recap of the Events
Because of few new developments, what follows is a recap of the last two
months, this may be helpful to understand the period leading up to the
trial of Osvaldo Villalobos.
As many of you know, Semana Santa - the celebration of the Easter Holy
Week - has effectively shut down Costa Rica. All government institutions
and offices, as well as most banks and businesses, are closed until next
week. This also means that no ruling based on the preliminary hearing
can be expected until life resumes its regular routine.
The time allotted for these hearings included the months of February and
March and because of this, some feel that the judge handling this
matter, the honorable Edgar Castrillo, can take until the very last day
of this month to decide what claims will be allowed and what charges
will be valid against Osvaldo.
Attorney, Jose Miguel Villalobos explained in a very clear manner how
this pre-amble to the trial is organized. He did so in a UCCR mailer,
the full text of which can be located on the their website:
http://www.ticostuff.com/uccr/
JMV wrote: "The penal process in Costa Rica is structured in three
stages, called the Preparatory, Intermediate and the Oral and Public
Trial. The first determines whether or not there is a basis for a trial,
and it ends with an accusation presented by the Office of the Public
Prosecutor. In the Villalobos case, this stage was completed last year.
The second stage is set up to examine the accusation and ends with an
Order to Commence Trial by the Judge which summons the Oral and Public
Trial, that is the third and final stage.
At this moment, we are in the second stage, in which the judge examines
the accusation and determines whether or not there is a basis for which
to move into the Oral and Public Trial phase. At this moment no oral nor
public trial is celebrated, but instead the Judge limits himself to the
examination of the accusation and its foundations, hears the defense
counsels, and without entering into discussion on the basis of the case,
nor arguments of culpability or innocence, analyzes whether in
accordance with the accusation the case should go to trial.
In this hearing at the Intermediate stage, no evidence is heard, but
only admitted to be received in the Oral and Public Trial, that,
according to Article 324 of the Penal Procedural Code, should be
celebrated no more than a month after the Trial Court receives the
documents from the Court of the Preparatory Procedure, which are
different entities.
I consider that there has been greater importance given to this present
stage than it deserves, because in reality it is more of a formality
that we lawyers are used to and is not important in terms of changes in
the accusation for the Oral and Public Trial.
What is most normal is for the Court of Preparatory Procedure to simply
accept the accusation and proceed to close the intermediate stage to
move on to the third described stage. It is not the moment to receive
witnesses, who will attend the third stage, nor is it the moment to
argue the foundation of the case, which is what takes place in the Oral
and Public Trial.
Our participation now is not important, for the reasons that we
explained, but we are in complete disposition to collaborate with the
defense in protection of the interests of the investors represented by
U.C.C.R.
In the Oral and Public Trial the situation is totally different, since
at that moment the declarations of the witnesses and the rest the
evidence is received, and the foundations of the matter is discussed.
For now, it is preferable not to overstate the significance of what is
happening and not expect fundamental changes during this process."
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A New Website
Yours truly (Hank) has donated some server space to folks who
are worried about Enrique Villalobos' extensive absence and are
organizing in an attempt that - they hope - will lead to the
recovery of Enrique.
This effort was initially spearheaded by family members and later
put into reality by some fellow investors.
They state that 'true concern' is their driving force and here is
the address:
http://www.enriquevillalobos.info/
In case you have forgotten what our hero looks like; here's your
chance!
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