'Affluenza' Teen Ethan Couch to Remain in Mexico After Attorneys File Writ

[flamin lib]

Source: NBC News

Ethan Couch and his mother were expected to arrive in Houston Wednesday afternoon where Tarrant County authorities were going to meet him and transport him to Fort Worth to appear before a magistrate. U.S. Marshals said his attorneys, Regan Wynn and Scott Brown, filed a writ of habeas corpus in Mexico, though, which could delay the teen's extradition by weeks or months.

Read more: http://www.nbcdfw.com/news/local/Affluenza-Teen-to-Remain-in-Mexico-After-Attorneys-File-Writ-363822041.html

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"May remain weeks or months" . . .

He turns 19 in April and can be moved to adult court. Wonder how he likes the Mexican jail? Mexico isn't famous for it's treatment of prisoners for nothing . . .

[mountain grammy]

1. As long as he remains in custody, sitting in a Mexican jail,

they can delay it for years, as far as I'm concerned. Jail is jail and that's where this sociopath belongs, in my opinion.

[Shrike47]

2. Can you buy privileges in a Mexican jail? You can in some countries.

[flamin lib]

4. I would assume the prosecutors have an agreement with the

Mexican government to prevent favorable treatment. I know I damn well would have worked something out before leaving poor Ethan in Mexico for weeks or months.

[geek tragedy]

16. Chapo Guzman certainly did, twice nt

[Raster]

37. You can buy MANY, MANY PRIVILEGES in Mexican jails. Money talks - LOUDLY!

[happyslug]

44. You use to be able to do that in US Jails but NOT Prisons

The rationale was simple, Jail held people WAITING for trial that could not make bail or were denied bail (For example someone charged with Murder) but have NOT been convicted of any crime. Thus the sole purpose of jail was to detain such people NOT to punish them. Thus you hear of cases of people having carpeting installed in their cells, having meals cater for them from outside the jail. Al Capone while he was in Eastern State Prison in the late 1920s on a Gun Charge even had the largest and most expensive radio installed in his cell (He later left it to the prison and since Eastern State is not a Museum you can go and see it).

Now, Al Capone having a radio was strange, for he had been CONVICTED of a Gun charge and thus was in a PRISON not a JAIL, but I mention it for it is an example of such treatment.

Starting in the 1960s the tendency was to eliminate such options on the grounds Jails were not only serving as detention centers for ACCUSED defendants, but also holding areas for CONVICTED Defendants. Thus you had situations were one prisoner could have all types of things, for he has yet to be convicted of any crime, and the prisoner bunking with him having NONE for he had been convicted. This problem of different treatment of prisoners saw most if not all US Jails STOP the practice of letting prisoners buy things for themselves and their cells.

Just a comment that the US use to permit prisoners NOT yet convicted to buy outside services for themselves. It has mostly disappeared in the quest for "Security" but some aspects of those old rules do appear every so often.

[flamin lib]

6. The thing about Mexican jails is that the cellmate

is the least of your worries. Eating food with maggots in it and drinking brown water will probably be a bigger issue for poor Ethan than some other (actually) poor Mexican prisoner.

[former9thward]

30. He is not in jail.

But that is besides the point. Mexico has long had a policy where family members can provide food, money and other services to inmates. So no, he will not be eating "food with maggots in it and drinking brown water".

[Backwoodsrider]

5. isnt he and mom just in immigration holding facility?

ie club fed international? The attornies probably would want he and mom to stay in a Mexican jail if that's were they were staying but do not think that's the case.

[flamin lib]

7. Don't know but will try to find out. I hope not. Update again

Tarrant County Sheriff Dee Anderson said the pair remain in a detention center in Guadalajara.

Not sure what type of facility a Detention Center is but will continue to look.

Watch this space . . .

Various organisations, including nongovernmental groups and Mexico’s National Human Rights Commission, have alleged numerous violations in detention centres, including extremely poor conditions in some facilities, physical abuse, overpopulation, official corruption, inadequate healthcare, among other problems (Sin Fronteras 2011; La Jornada 2008; CNDH 2005)

http://www.globaldetentionproject.org/countries/americas/mexico/introduction.html

Looks not as bad as an actual jail but definitely not as healthy as US prison.

[Backwoodsrider]

12. maybe but I doubt they are treated like other foreign nationals

I hope word comes out about exactly what their current living situation is I am real curious but I still propose it unlikely their lawyers would want to keep them in Mexico if where they were staying was as bad as Mexican jails are for poor people. Expect to hear more about this today.

[JustADumbFireman]

22. That sounds good enough.

[oldandhappy]

8. Interesting.

Running away to Mexico and being in tourist area is an adventure. Being forced to remain in Mexico may be something else for him. He and his mom are both spoiled rich kids and both should be in jail. She for raising him without values and he for not having values. We need to make right and wrong highly visible and accountable.

[Tarc]

9. A shame there's no way to revisit the original case

I presume this is covered by double jeopardy laws.

[MsInformed]

36. They have a heap of trouble rolling their way.

He has parole violations. They both conspired to avoid authorities. Mommy aided and abetted. Maybe their family at a farewell party will be in trouble too...at least enough to testify. Texas officials are saying they will ask to have his case moved to adult court.

Their lawyers will have a good year.

[fbc]

38. They can probably afford it.

I'll believe this kid will serve his sentence when it actually happens.

[happyslug]

45. He violated his probation, the entire probation period can be converted to jail time.

Remember he was convicted and can NOT be retried for that crime. On the other hand the SENTENCING can be redone since the Probation was in place of actual jail time. Most Probation have clauses with the condition that any violation of the probation can convert the sentence to jail time. Thus a Judge can NOT retry the Defendant, a Judge can revoke the Probation and sent him to jail for the remaining time of his probation.

Now, according to attorneys in Texas, since this defendant is NOT yet 19 (that occurs April 11, 2016) he is on JUVENILE Probation and under Texas law any revocation of the Probation will end on April 11, 2016. Thus, by staying in Mexico, he delays the time he will spend in any JUVENILE detention facility. After April 11, 2016 he would be on ADULT Probation and the rules change, any violation can revoke the probation till the end of the sentence but has to be an act done by the defendant AFTER April 11, 2016.

[Mr.Bill]

10. I would be concerned

that their family has enough money to bribe their way out of there.

[PeoViejo]

21. I think it will be a big bribe

Mexican officials don't get much pay, so this may be the only time in their life that they get to make their nut.

I bribed a Mexican customs official once for fun. You should have herd the other tourists in line scream. I waved bye-bye to them as they stood there in the Sun. Suddenly, they realized how the system works. They had a good payday that Day..lol

[a la izquierda]

40. And why would you bribe a customs official?

Did you push the button and the light turned red?
That's the only way you even get to talk to an official.

[PeoViejo]

41. This is the way it works:

Tourists are in line waiting to get their bags checked. A junior customs officer walks up and down the line every few minutes. I call him over and ask is there is a way to speed things up. He leaves, the senior guy comes up, marks my bags without inspection and leaves. The junior guy comes back. I hand him La Mordida and give him a wink and leave. The other tourists go ballistic, then out comes the Money.

[a la izquierda]

46. Never in my years of traveling/living in Mexico...

have I seen customs done like that. But whatever. I don't see the point in bribing customs officials. Or military officers. Or cops.

The attitude some have around here towards Mexico/Mexicans is kind of odd.

[saturnsring]

11. any idea as to why?

[flamin lib]

13. He turns 19 in April and will be moved to adult court

instead of juvenile. This may make it easier to make that move.

[William Seger]

25. Wouldn't he then be subject to having his parole revoked?

Maybe the plan is to bring him back just before his birthday to minimize the jail time?

[former9thward]

31. He is not on parole, he is on probation.

Two different things. When you are on parole and you violate you can be returned to do your full sentence. When you are on probation that is your sentence. Under Texas law all he can get is 120 days for violation if he gets that.

[William Seger]

33. Sorry, that's what I meant

... but isn't it limited no more than his remaining time in the juvenile system, so it could be less than 120 days if he returns just before his birthday?

[former9thward]

34. Yes, that is true.

[Matariki]

14. I'm sure Mexican jails are great for rich people

if they fork over enough money.

[geek tragedy]

15. Maybe he can pull an El Chapo nt

[getagrip_already]

17. the lawyers have to have a strategy....

perhaps tx can't make a motion to move him to adult court until he is back? That might be their strategy. Run the clock out on his juvie sentence. Then he is free. If they xfer him, he faces 10 years of probation/parole. Don't know what the angle on mommy might be, other than let the publicity die down. Sweetheart deals are best dealt in secret.

But mexico said they are deporting them, not extraditing them, so the process may not be lengthy.

[avebury]

19. I imagine that Mexico is not

interested keeping them.

I don't care what the lawyers think, they cannot force the Mexican government to keep Mom and Brad if they don't want to.

[getagrip_already]

20. they are lucky it wasn't a cartel that caught them....

These people are prime ransom targets.

Mexico has due process laws just like the us. They may not want to keep them, but they do follow a prescribed process. Sure, corruption exists, but not on the surface.....

[JustADumbFireman]

23. Ooooh, never even thoght of that!

Now THAT would be festive!

[Hassin Bin Sober]

18. This whole story doesn't make any sense to me.

They obviously can afford good legal representation.

When that video surfaced, where they not clued in by their attorney the kid could only be in relatively minor trouble, if any, for being seen on video but not drinking?

Now delaying the inevitable. The kid is in jeopardy of 120 days max.

Also, I have a feeling the mom can probably beat jail time for her piece of the puzzle.

I'm going to assume the family's wealth is inherited. These people seem really stupid.

[PeoViejo]

24. Trophy Wife?

They're not bred for smarts.

[harun]

27. Just what TyT discussed

Horribly stupid on their part.

[former9thward]

32. It is not inherited.

The husband and wife make tens of millions a year according to a story I read in the Wall Street Journal.

[Hassin Bin Sober]

39. Doing what?

[former9thward]

42. They own a sheet metal plant in Ft. Worth.

Interesting note about the case. When this kid was 13 he began driving himself to his private school. When the head of the school raised objections about this the father threatened to buy the school and fire him. At some point there will not be a good end to this.

[PatrickforO]

26. The 'affluenza' defense is repugnant to everything this nation supposedly

stands for. Or at least everything we're TAUGHT that this nation stands for.

It is an offense against decency.

[bobthedrummer]

35. I concur, but there are far worse things that the ruling elite engage in without any accountability.

Chapter 21-Omaha
http://www.democraticunderground.com/1016139460

[Eugene]

28. ‘Affluenza’ teen Ethan Couch wins three-day stay of deportation

Source: Fort Worth Star-Telegram via Sacramento Bee

‘Affluenza’ teen Ethan Couch wins three-day stay of deportation

BY RYAN OSBORNE

FORT WORTH - Ethan Couch and his mother were granted a three-day stay of their deportation to the U.S., The Associated Press reported.

An official with Mexico’s Migration Institute spoke on condition of anonymity because he or she wasn’t authorized to be quoted by name. It was unknown whether Couch’s mother would also be granted a delay, according to the Associated Press report.

Tarrant County Sheriff Dee Anderson said he was told by U.S. Marshals that an attorney representing the Couches filed a “legal writ,” to prevent the pair from leaving Mexico.

“Couch and his mother cannot be deported from Mexico until legal matters are resolved,” U.S. Marshal’s Service spokeswoman Laura Vega told the Star-Telegram. “We simply do not know when Ethan and Tonya Couch will be returned to the U.S.”

[font size=1]-snip-[/font]

Read more: http://www.sacbee.com/news/nation-world/national/article52250240.html

[7wo7rees]

29. Best article/report I have found yet explaining.....

http://www.dallasobserver.com/unfairpark/archives/2015/12/30/affluenza-boys-mom-may-walk-even-if-she-did-help-him-scamper-down-to-puerto-vallarta

This was written this morning by one of DFW's only/best investigative journalist to be found.

Sad, unfortunate, troubling but all so terribly true.

They are going to get away with this but read to the end of his report. There will be justice at some point, patience.