Maria Guerra, 29 and Jose Aldana, 27 both accused of attempting to illegally import ,500 in U.S. currency on May 31, 2008, appeared in court on Wednesday April 1 to answer to charges.
Those charges include knowingly attempting to evade the laws and restrictions of the customs on importation by importing $11,500 us currency without declaring it. The duo appeared before revenue Magistrate Edd P. Usher.
In court, both were acquitted. The case came to a sudden end when the prosecutor, Sgt. Aracelli Petillo closed her case after only calling one of at least three Customs officers she had intended to call.
Before the prosecutor could close her case, Magistrate Usher had more questions and uncertainties unanswered. Among those was whether or not the proper procedures were followed when handling the case. Among the problems with the case was the fact that no chain of custody form was completed, no chain of custody receipt was available, no serial numbers were recorded for the over $11,000 in U.S. currency.
In his testimony, the one Customs officer who took the stand Francis Alfaro said that on May 31, at about 4:30 p.m., after an American Airlines flight had been delayed, he intercepted two pieces of baggage that were left near a desk at the Customs Department. He claimed that Guerra, who was then an Immigration Officer Grade 3, initially claimed that the baggage was hers and cooperated with them. The investigation later took a twist when Guerra claimed that the luggage was not hers and that she had found it in her area and was taking it to her superior’s office to locate the owner.
Customs in collaboration with the Financial Intelligence Unit later detained Aldana, who had arrived on the American Airline’s Flight and who said that he left the bag and went to use the bathroom, but upon his return he could not find the bag. He had told authorities that the bag was given to him by an American man to deliver in Belize and he had no idea of the bag’s content. Before he left the stand, Alfaro was able to identify the two accused as the persons whom he interviewed that day.
He claims that Guerra cooperated with their investigation, and during the interview he never lost site of her and is sure she was the same person who claimed the bag initially. After he counted the cash, Alfaro handed over the cash to John Nembhard, another Customs Officer, and then it was later handed over to Antonio Gutierrez. However, Alfaro admitted that there was no custody form filled out to show the chain of command in handling the money.
He also told the court that initially the serial numbers for the currency were never recorded, as at that time that was not a procedure with the Department. He also said that the serial number was recorded two weeks after the money was found. According to Alfaro, at that time, the procedure of taking down serial numbers was not being done at the Customs Department until after this incident.
Magistrate Usher commended him for being honest. In regards to the procedure of filling out custody forms, Alfaro said that there were such forms to fill out but they never were done in this case. And when the prosecutor asked the court permission to allow Alfaro to look at an envelope that contained information about the money in question linking the two accused to the alleged crime, both defense attorneys, Michael Peyrefitte and Carlo Mason objected.
Peyrefitte argued that in their disclosure given to them on August 22, 2008, as ordered by the court, there were no pictures and evidence showing the contents of the envelope which is what Prosecutor Petillo wanted Alfaro to look at. He further submitted that there was no chain of custody form filled out to show all that and that disclosure must be done fully and in a frank manner. He stated that the prosecutor is to disclose to the defense all evidence that she intends to use at a trial. He concluded by saying that, “there should not be any prosecution by ambush.”
In the end, Magistrate Usher ruled in favour of the defense and denied the prosecutor permission to allow Alfaro to be shown the envelope. The only person who could have tendered in the evidence against the two accused was Alfaro and he never got to opportunity to do so without laying the proper foundation to be allowed to do so during the trial. With that Magistrate Usher acquitted both accused of the crime and told them they were free to go.
He also commented that while he believed that Alfaro did count the money, what should have been done to show the proof was not done. Before the court concluded, the question of who owed the money came up since both accused claim they did not own it when asked by Magistrate Usher, and according to Carlo Mason, the owner has been identified as one Allan Benton, an American national presently overseas. According to Mason, they never foresaw the case’s outcome a nd never thought that Benton was needed to be in the country.
Benton, however, wants to claim his US$11,500 and according to the Summary Jurisdiction Act, the owner can come before the court to say certain items/good are his. While it appeared the owner may or may not do so, the money remains with the Customs Department.
