Mexicans must be "smart enough to prevent them from being deceived again outrageous accusations which are ultimately without food ", as happened in the case of Elba Esther Gordillo Morales, He insured his lawyer Marco Antonio del Toro.
In an interview with THE UNIVERSAL confirmed that Gordillo Morales did not wrongly dispose of public funds National Union of Education Workers (SNTE).
Because "if it were, we would not be condemned to innocent and it would be judged professionally, it is in the light of everyone."
He said that the Former president of the SNTE he acknowledged his legacy for the tax authorities and now it is the task of the citizens to make an objective evaluation of the case, because he believes he can come to the conclusion that it is corrupt who has become the victim of a smear campaign.
He regarded the lifestyle of the former trade union leader as a "faithful representation" of the tax-proven heritage. She was the victim of political persecution, as evidenced by the integration of the case into the siege that her lawyers have experienced.
When asked if his client is corrupt, the defender says: "In my opinion that is not and therefore he was innocent."
What do you think of people who doubt the richness of Elba Esther Gordillo? Where does your estate come from?
-The teacher Gordillo has accredited her assets for the tax authorities. There is no more someone more fiscally analyzed than they are, and that means that the heritage that is large, medium or small is absolutely endorsed by authorities who have assessed it at times when they had the greatest intention to harm it. Then he has an absolutely healthy background from a personal, family and fiscal point of view.
Where did you get the money to pay for a lifestyle that does not match the salary of a teacher?
-The lifestyle that has been maintained is a true reflection of an inheritance that has proven absolutely fiscally. It is not my job to give the details of the origin of a patrimony that the authority assessed.
It is exempt from the accusations, but socially the image is associated with corruption, can you erase this image?
-This will depend on each of the citizens, to make an objective evaluation. Many times we are the victims of smear campaigns where you can easily generate a bad guy and that group can come to the conviction of some aspects, such as corruption, if that is not the case. What we should be citizens is smart enough to prevent you from ending up in shameful accusations, but it is ultimately unfounded accusations.
Elba Esther is corrupt?
In my opinion it is not that and that is why it turned out to be innocent.
Is the teacher concerned about the connection with this image?
– One thing is perception and another reality. If you tell me, "The teacher has to deal with corruption problems". Corruption of what? If public sources are available, which ones? What public funds has the teacher Gordillo Morales arranged?
Has Gordillo wrongly used public funds?
-I do not think he threw money out of money, if that is the case we would not be condemned to innocent and he would be judged professionally, it is in the light of all sentences.
Why was Elba Esther Gordillo Morales free?
– Because he is innocent of all of the accusations that were committed on the basis of a very clear political persecution against him, they fell one by one as cards. Here was what was sought to stop it and everything that was linked to [su] opposition to an education reform that was being prepared at the time. The arrest is carried out with an accusation that has neither feet nor head, without the slightest livelihood. Unfortunately, there were some bad judges within this prosecution who intervened as an integral part of a well planned plan for their persecution. Later, in an attempt to keep her in custody, she should not only be accused of this crime, but she also had to be filled with other accusations such as tax fraud.
How do you rate the performance of the PGR in the case?
– The education we must have of this is that the public prosecutor and the public prosecutor must be independent, that the policy has no interference in the decisions of procuración or of the administration of justice. We must strive for a country where the rule of law prevails, where the position of a government is not reflected in the institutions of administration and administration of justice. The attorney general's office is not that he acted unequally, he simply took part in presenting allegations without support.
Which irregularities occurred during the process?
– Questions like the judge did not allow the witnesses to be questioned or to hear the witnesses "before he answers, he can say that he does not remember it"; that he did not want me to communicate with the teacher Gordillo in the hearings, audits of the lawyers, telephone interventions via the Pegasus system. They were so many and varied that they meant an accusation with a political undertone. all [las irregularidades] We have emptied them and we are going to extend the complaint for the Inter-American Commission on Human Rights (CIDH) regarding this political persecution.
Was there a negotiation to get the Gordillo teacher out?
-When we read that kind of question [desde el despacho] We do not know whether we should laugh or cry, because the effort we have made in this matter and the professional effort we put into it was enormous. All this indicates a legal work of years and in no way a subject of negotiation, which is always the easy answer in Mexico. When they put someone in prison, it was because of legal problems and when they were released, it was due to political problems. It was not like that.
This news is given just before Andrés Manuel López Obrador receives his certificate as president-elect, at the end of the sex year. Did the times beat?
-And could certainly have insisted that Real Madrid scored a goal or that there was a hurricane in a part of the country or the hemisphere. Judicial times have nothing to do with political times. However, they are resolutions, one by one, that offer absolute legal support. Wanting to slander them with political issues are perceptions of Mexican realities that we will also have to renounce on citizens and reach a point where we have the clarity that court cases are solved in court and not necessarily with questions of a political nature.
What strategy did the defense of the teacher Gordillo follow?
-The elements of a crime are like a recipe for cooking: if an ingredient is missing, it will be the serene, but it is not that recipe. What we did was to attack the bottom of each of the crimes, to try it out. It took a lot of work because the judge gave the witnesses a chance. We have lists where only one witness had missed 10, 12 or 15 times during the hearings and the judge justified them by saying that he had a cold, his stomach hurt, the greatest absurdities that delayed the process.
What were the most serious irregularities in the case?
-We will announce them when the IACHR's extensive complaint is presented. to have [integrado] in seven days an accusation of organized crime and money laundering, without saying which crime the funds came from, violated bank secrecy and used some bad judges. Judges who intervened to confirm that the state apparatus had achieved its goal: an arbitrary detention, this had to be spread and a whole campaign of mistrust and guilt was conducted. Then the lawyers had to be inhibited and attempts were made to intimidate them. All the ingredients of a political persecution are given, violations as they will be reported when this extension of the complaint for the IACHR is presented.
Can a responsibility be generated?
Yes, I can, eventually. I am not saying that they are going to practice or not. What I do believe is that every citizen must have the peace of mind that he will be defended in an equal manner in his country when an accusation is made.
Is the teacher considering taking legal action against the PGR or against those who have imprisoned her?
– That's something I would reserve, we did not discuss it. Matter is there, but this does not mean that they will practice.