The ex-president Alexander toledo has opposed the last October 15 to the request of the North American authorities seeking his return to prison on a provisional basis until his extradition to Peru is defined.
According to documentation to which you had access The Republic, his lawyer Graham Archer asked federal judge Thomas Hixson that Toledo be kept under house arrest for various factors. Among them, his physical health was cited as “declining.”
“In July he suffered a traumatic fall and suffered a complex fracture of his right shoulder, which required major surgery and the replacement of the joint with a titanium prosthesis. He continues to need a carefully supervised regimen of pain management and physical therapy to regain function in his right upper limb, ”Archer said.
According to his therapist, the lawyer points out, “a return to pretrial detention would be ‘extremely damaging’ and would create a greater risk of his mental health deteriorating.”
In this sense, it was also specified that Toledo’s wife, Eliane Karp, suffers from “Degenerative osteoarthritis of the hip” so you will need an operation soon. “During the recovery period after the operation, he will depend on the help of Dr. Toledo to carry out the basic activities of daily life”, the lawyer specified.
The defense strategy of the defendant former president also points to COVID-19 cases in local US detention centers: “In the Santa Rita jail, only 25% of the inmates and 53.6% of the staff are fully vaccinated. In San Mateo County Jails (Maguire and Maple Street), there are currently 4 COVID-19 cases (3 inmates and 1 staff member); there have been a total of 148 positive cases among inmates and Correctional Health personnel ”.
Although Graham Archer argued in his brief to Judge Hixson that Toledo had already provided the vaccine, he argued that this “does not change the fact that Dr. Toledo is a 76-year-old man in poor health who continues to run a great risk of dying from COVID-19 if custody is returned ”.
Likewise, it argued that it is not necessary for Alejandro Toledo to return to a local jail in California since, since March 2020, when house arrest was imposed, he has not tried to leave the country, which is why Prosecutor Rebecca Haciski’s request for former President Alejandro Toledo to return to prison must be denied. The limitations that your sponsor has are enough, he points out.
“As this Court correctly concluded when it released Dr. Toledo, any risk can be addressed through a combination of strict conditions of release. Dr. Toledo has not attempted to flee during the year and a half that he has been free, nor has he done anything to suggest that he is fleeing now. For all these reasons, the government’s motion must be denied. “
“He will not flee”
Toledo’s final arguments are that the money and property that his friends deposited to secure his bail and release are a guarantee that the former president will not flee the United States.
“The only real change is that it is now clear to everyone that Dr. Toledo does not have millions of dollars in hidden bribes,” Attorney Graham Archer added.
Alejandro Toledo is accused by the prosecutor Jose Domingo Perez to 20 and a half years in prison for the crimes of collusion and money laundering. According to the investigation, Toledo received around US $ 34.3 million from the construction company Odebrecht in exchange for awarding it the South Interoceanic Highway (sections 2 and 3).
This October 21 Judge Richard Concepción Carhuancho, it should be specified, will begin his prosecution control, that is, the stage prior to the oral trial against Toledo and other businessmen involved. In addition, the US justice has until this Friday, October 22, to present its defense before Judge Thomas Hixson. After that, it will be decided whether Toledo will return to prison or not.