Swine Flu Caper Aids Passage of Necessary Judicial Reforms

by Jose Perez, June 2009

Thirty five thousand people die every year from influenza. The swine flu caper could be a global pandemic. But, I don't think it has reached those proportions, except in the media. Mass hysteria, despite the fact that no cases of swine flu have been reported in Baja California, Puerto Vallarta, Cancun or most other tourist locals in Mexico. The scare was fomented by the media and health organizations.

We are living in an era when journalists don't have time to really verify the facts in their stories and everything is "breaking news" in this high speed digital world. Mexican physician friends of mine believe that both governments are creating this hysteria as a distraction from the failure of the economic non system that exists.

What we do know is that the cruise ship passengers were the only tourists we had left in Ensenada Baja California in Mexico. Few tourists choose to drive through Tijuana/Rosarito to visit us. But with the travel advisories, those cruise ship passengers, intended for Ensenada this May and most of June, spent our sorely needed dollars in San Diego.

What we also know is that the Mexican congress passed two bills last month. Under cover of the swine flu smoke. The good news: A bill that de criminalizes small quantities of heroin, cocaine, meth and marihuana for personal use. Fines and prison terms continue for quantities that indicate "intent to distribute"

The justification for this legislation is the huge rise in drug use among Mexico's young. The government wants addicts to come out of the closet. And, free the prisons of folks who need rehab. The bill was signed into law by President Calderon in May. If Mexico's government sees the benefits of de criminalizing small drug quantities - why not the U.S. congress?

The bill almost passed last year, in a late night - weekend session, to avoid scrutiny. That backfired and the committed congressmen had to back down when the public reacted to the lack of transparency. But this time, they have the swine flu advantage without drawing attention to late night - weekend irregularities.

The bad news is that congress and the president also passed a bill which violates human rights of privacy: tap phones and e mails without court orders, less limited search and seizure restrictions, private institutions must reveal credit, financial and asset info., employers must provide authorities with personnel records.

Earlier this year another positive took place in Mexico’s judiciary. Those of us, working in Mexico’s legal system, have known for many years that the criminal system was broken. The courts could not keep up with the demand for new trials. Seventy two percent of accused criminals, who were incarcerated, waited in jail an average of two years before their cases came to trial. A huge injustice, especially when you consider that Mexico has the lowest conviction rate in the world. Therefore, those that can buy their way out do and those that can’t stay in prison awaiting trial.

The Napoleonic code of guilty until proven innocent was the major cause of the problem and that has now been overturned. Many folks are accused of crimes in Mexico as a means of persecution. You have an enemy in business – accuse him of a crime and he must defend himself or go to prison.

As mentioned, in an earlier writing, I personally have been falsely accused of: grand theft auto, illegal takeover of a property and threatening a person’s life. Two individuals, who did not like my representing folks in actions against them, brought these charges against me. A form of revenge. Fortunately I was not imprisoned. In both cases these accusers had a history of falsely accusing. However, I still had to hire counsel to defend myself and make appearances at the district attorney’s office in order to answer the charges made by my accusers.

Aside from the huge change to “innocent until proven guilty”, the trial system has also undergone a dramatic shift to open court and the public is invited. In the past, the district attorney took depositions of: the accused, accuser and witnesses behind closed doors. Findings were then presented to the judge in writing. The D.A. had enormous interpretive powers and attorneys had no right to cross examine witnesses. Under the new system, the judge will preside in open court with the accused, the accuser and witnesses giving testimony. The prosecution and the defense will have the right to cross examination. The general public will also be allowed in court to observe the proceedings.

Obviously this is a much needed move to greater transparency in the system.

What scares me is the lack of responsibility of the press on both sides of the border. I had to really search the internet to find these stories. No front page headlines in either country- hell no. U.S. media helped perpetuate the Iraq lie, irrational border fears, and obsession (bordering on voyeurism) with Britney. And, unnecessarily bombarding the airways with Rev. Wright damning America. How can we trust the once "fifth column" of government? I can't even take them seriously and I don't think they do either. Pretty, talking heads who are all about ratings and dollars, not reporting. And all the public expects anymore is to be lulled into an addict like trance we now, euphemistically call - "entertainment value" in news reporting.