Vitoria (EFE).- The life sentence for Pablo Ibar has been confirmed by the Florida Court of Appeals.
He has thus refused to revoke the sentence as requested by the defense of this Hispanic-American citizen, who is serving a sentence in the United States for three murders.
The spokesman for the Pablo Ibar-Just Trial Association, Andrés Krakenberger, has reported this ruling.
Krakenbeger has visited the Basque Country this week together with the father and the defendant’s lawyer to continue gathering support.
He has described it as a “destroying blow” and “a great blow to the family.”
Pablo Ibar, 50 years old, married, father of two children and nephew of the Basque boxer José Manuel Ibar “Urtain”, has been imprisoned in the United States since 1994.
He has been tried four times for the deaths of Casimir Sucharski, a nightclub owner, and models Marie Rogers and Sharon Anderson, three crimes he claims he did not commit.
Ibar spent 16 years on death row until a court annulled the sentence in 2016, considering the evidence “too flimsy.”
His death sentence was later replaced by life imprisonment.
On February 28, the hearing in which he requested the revocation of the life sentence and the holding of a new trial, which have now been rejected, was held at the Court of Appeals for the Fourth District of Florida.
Rejected the 12 arguments of Ibar’s defense
In the appeal on February 28, Pablo Ibar’s defense attorney, Joe Nascimento, supported twelve legal reasons to demonstrate “the errors” that, according to the lawyer, occurred in the trial for which Ibar avoided the death penalty for exchange of spending life in prison.
The “insufficient” DNA evidence located on a T-shirt, the lack of connection with the murdered or the “inconsistency of the statement” of a key witness for the Prosecutor’s Office were some of the arguments put forward by Ibar’s defense.
But the Chamber has now dismissed all the arguments put forward by the lawyer Nascimento.
A deputy from the Broward sheriff’s office (d) removes the handcuffs of Hispanic-American Pablo Ibar. EFE/Giorgio Viera
He has only justified his refusal to one of the defense reasons.
This court is not required to rule on every defense argument.
You can simply say that you reject them, as you have done for all but one of the reasons.
Repentance of a jury
Specifically, it has analyzed one of the twelve reasons, in which Judge Dennis Bailey, the magistrate of the last trial, was accused of bias in acting with a jury.
He denounced having suffered pressure from his colleagues to cast a vote in favor of sentencing.
He also said on social networks that he regretted the sentence.
The Court of Appeals has dismissed this argument of Ibar’s lawyer.
“The record in this case reveals that the juror simply regretted his verdict. The mere remorse of a juror is insufficient to justify an intrusion into the jury’s deliberations.”
“There was simply no evidence to suggest that the juror was influenced by any external factors.”
Nor that “he would have consented to an agreement between the members of the jury to ignore their oaths and instructions,” the resolution indicates.
The judges of the Court of Appeals for the Fourth District of Florida conclude that “there were no alleged manifest prejudicial acts or external influence.”
Ibar has the appeal to the Supreme Court of Florida
For the defense, by not explaining its decision on the other 11 issues with a written opinion, the Court of Appeals has substantially impaired Ibar’s ability to seek a review by the Florida Supreme Court.
Now, Ibar’s attorney will file a motion asking this Court of Appeals to reconsider its decision.
It will also ask you to prepare a written opinion that addresses all the issues, so you can appeal it later to the Florida Supreme Court.
Ibar’s defense has recalled that it was the Florida Supreme Court that annulled the conviction of the other defendant in this case, Seth Peñalver, in 2006.
It also annulled Ibar’s previous conviction in 2016, which was replaced by life imprisonment. EFE