Defence to explore potential plea deal in murder trial over brothers killed in Mexico
Judge Oscar Padilla agreed to grant them until a new hearing date on November 13, but he said this would be the last delay in the case and warned all the lawyers 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 prosecution's office wanted 32 years in prison for her, because she had the phone of one victim and her car had the robbed tires. He has asked for only eight years.
None of the suspects have entered a plea to any of the charges at this point.
Raúl Gerardo Cobo Montejano, prosecutor at the hearing, said in an interview with the ABC that pleading guilty gave the defendants the right to reduce their sentences, which would be negotiated for each one.
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.
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.
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.
Jesús Gerardo, Irineo Francisco, Ángel Jesús and Ari Gisell all face charges of aggravated homicide, aggravated robbery, violent robbery and grand theft auto.
Jesús Gerardo is also charged with forced disappearance.
The defendants' surnames have been withheld for legal reasons.
Last week, the ABC revealed 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.
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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