Defence to explore potential plea deal in murder trial over brothers killed in Mexico
Carrington Clarke
, ABC
Callum, left, and Jake Robinson with their family dog.
Photo:
Instagram/Supplied
Lawyers for the four people charged in connection with the
alleged murder
of Australian brothers Callum and Jake Robinson have asked for another court delay, to give them more time to discuss a potential plea deal with prosecutors.
Judge Oscar Padilla agreed to grant them until a new hearing date on 13 November, but he said this would be the last delay in the case and warned all the lawyers that they would be fined if they were not prepared for the next hearing.
Three men - Jesús Gerardo, also known as "El Kekas"; Irineo Francisco and Ángel Jesús - all face charges of aggravated homicide, aggravated robbery, violent robbery and grand theft auto over the killing of the Australian brothers and their American travelling companion, Carter Rhoad, in April last year.
Jesús Gerardo is also charged with forced disappearance.
The prosecution said a
fourth suspect, Ari Gisell,
was facing charges of inciting a violent robbery, but was not charged with murder.
The defendants' surnames have been withheld for legal reasons.
It was Ari Gisell's lawyer who asked the judge for a delay to allow time for discussions to take place with the prosecution regarding a potential plea deal.
His motion was then supported by the other defence lawyers.
The lawyer said the prosecutor's office was seeking a 32-year sentence for his client, but he believed eight years would be more appropriate given the crime she was accused of.
Ari Gisell was romantically involved with one of the other defendants at the time.
Photo:
Supplied / ABC
None of the suspects has entered a plea to any of the charges at this point.
Prosecutor Raúl Gerardo Cobo Montejano told the ABC that if the accused pleaded guilty, it was possible they would receive a reduced sentence.
The legal manoeuvrer was a surprise to the families of the victims, who were watching proceedings via video link.
The judge asked an advocate who was attending proceedings on behalf of "indirect victims" to talk to them privately about what had occurred in court.
Last week's hearing was postponed to allow time for both sides to consider arguments about whether to combine El Kekas's forced disappearance charge with the other charges.
But there seems to be a dispute within the prosecution's office about exactly what transpired in April.
A rescue worker descends into a waterhole where human remains were found near La Bocana Beach in Ensenada, Mexico, on 3 May, 2024.
Photo:
AFP/ Guillermo Arias
The lead prosecutor in the homicide case told the judge he did not agree with the theory that the victims were first kidnapped or detained before being killed, as his colleague had contended.
The judge expressed exasperation that there was not a consistent theory from the prosecution office at this point in the case.
Irineo Francisco has links to the Sinaloa cartel, according to court documents.
Photo:
Supplied / ABC
The judge has allowed the forced disappearance charge to be rolled in with the other charges, but it is unclear which will be the working theory when the case resumes.
Jake and Callum Robinson, and their American friend Carter Rhoad, were
found dead
after disappearing during a camping trip in Mexico's remote north-west in April last year.
They had travelled south to surf while Jake, a 31-year-old doctor from Perth, was visiting Callum, 32, who was living in California after moving to the US to play lacrosse.
Both Callum (left) and Jake Robinson are keen surfers.
Photo:
Supplied / Instagram
The defendants' surnames have been withheld for legal reasons.
Last week, the
ABC
revealed that two of the accused, Jesús Gerardo and Irineo Francisco, had
suspected links to the Sinaloa cartel.
Local authorities had previously said there was no evidence linking the killings to cartels, despite their frequent violent activity in the region.
Jesús Gerardo.
Photo:
Supplied / ABC / Mexican police
A court document said the men were transferred from the local Ensenada jail to the maximum-security El Hongo complex last August, after prison authorities raised concerns about their alleged cartel links.
The Sinaloa cartel, which was once led by the high-profile crime boss El Chapo, is considered one of Mexico's most brutal.
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