The First Collegiate Criminal Court in Mexico City annulled the 40-year prison sentence handed down against Daniel Arismendi López alias El Mochaorejas and his brother Aurelio, for allegedly having participated in five kidnappings more than two decades ago.
The magistrates instructed to eliminate 14 statements of some members of the Mochaorejas gang, as well as those of his brother for being illegal, due to the possibility that both would be tortured.
The First Collegiate Court argued that, in the file, in addition to possible acts of torture, there is evidence that the members of the gang did not receive advice from a lawyer in the process of issuing their statements and thus, although they did not process the amparo, the evidence must be dismissed for those involved.
They mentioned that any evidence that, because it is added to the process, could be taken into account by the jurisdictional body at the time the sentence was issued, must be analyzed with respect to its legality, regardless of how it happens in this case, that the violation of the right directly transcends the legal environment of the co-defendants who did not come to said amparo.
It should be noted that this order does not imply that Daniel and Aurelio Arizmendi are released, but rather that the file will return to the criminal proceedings judge so that the case can be studied without taking into account the evidence that was invalidated.
Daniel Arizmendi López accumulates sentences of more than 350 years for different criminal proceedings. Likewise, the ruling on ballistics that was taken into account by a Court for the accreditation of carrying a firearm for the exclusive use of the Army, Navy and Air Force, must be excluded because it was not confirmed that it was ratified.
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- He was called El Mochaorejas, after he mutilated the ears of his victims to send them to their relatives and pressure them to pay for the kidnapping.
- He was arrested in 1998 in Mexico City.
- He was born in Miacatlán, Morelos, on July 22, 1958.
- With this resolution, the sentence of 40 years in prison is invalidated, which will be reviewed, but he will not be released from prison.