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DavidMcL

Oct 19, 2003, 1:21 PM

Post #1 of 29 (2554 views)

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Mexico Connect author imprisoned in Oaxaca - - -

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Mary Ellen Sanger, a contributor to Mexico Connect is currently imprisoned in Oaxaca along with 2 other US citizens.

This is a serious situation and expat support is important.

The website to refer to is www.freetheoaxaca3.org. In particular, please read the articles in the Washington Post and New York Times (in the media section).

From this site, here are further details of this bizarre and very concerning situation.

David

______________________
Three Americans were arrested by the Mexican police on Monday night 10/6 in connection with a lawsuit that involves them only circumstantially and they are in prison for an indefinite period of time.

A homebound, elderly American man who has lived in Oaxaca since the 1950s, Russell Ames, has donated his home and property (in Oaxaca) to the University of the Americas AC (UDLA), effective upon his death. The university believes the property is legally theirs now and has filed suit to acquire the property immediately. The merit of the lawsuit or the university's claim on the property is not material to the arrest of the 3 Americans, since they have no material or controlling interest in the property.

One of those arrested, Mary Ellen Sanger, is an American woman who has befriended Russell and helps with his daily activities, cooking, etc. The other two who were arrested are Americans John Barbato and Joe Simpson, both of whom who rent houses on Russell's property from him.

The three are charged with aggressively taking possession of property that is owned by the university on May 1, 2003. There is no bail allowed because three people were arrested, turning this into a conspiracy, which brings penal charges in addition to the civil charges.

This case is being driven by a very powerful man, Alejandro Gertz Manero, who is the Secretary for Public Safety in President Fox's cabinet. He was formerly the Chief of Police for Mexico City and the President or Rector of the UDLA-AC, which he apparently still has a strong connection with.

The US Ambassador is aware of the situation and sent Patrick Henneberry (henneberrypf@state.gov) from the embassy to meet with Gertz. Gertz asserted that he was within his rights and refused to back down. The property in question is large, desireable, and valuable. It is on a mountain on the outskirts of Oaxaca city in a town called San Pablo Etla where property values have increased significantly in the last several years. There is a small American community on the mountain.

There are others subject to the university's lawsuit, all of them Americans. They are home owners of three homes on property they purchased from Russell several years before he made the donation. They have filed suit to be removed from the lawsuit and have received an order of protection preventing their arrest.

Mexico uses Napoleanic law which presumes guilt. Several attempts were made to present evidence in the defense's favor but all were denied so there was no defense at all against the charges. The reasons for denial of evidence are suspect. In one case, witnesses tried to provide depositions attesting to the whereabouts of Mary Ellen on the day she is accused of taking possession of the property. However, the translator the witnesses provided was not approved by the court, even though he had already been used by the court for a previous, related matter and no approved translators were available.

The prisoners are being held at Ixcotel prison, which is on the outskirts of Oaxaca. They are in the general population where conditions are overcrowded and uncomfortable, at best.
David McL
WebJefe

(This post was edited by DavidMcL on Oct 19, 2003, 1:23 PM)

Marlene

Oct 19, 2003, 9:13 PM

Post #2 of 29 (2458 views)

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Re: [DavidMcL] Mexico Connect author imprisoned in Oaxaca - - -

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This is one of the saddest and most bizarre cases I can remember of late. If the President doesn't step in and fix this, there is something very very wrong here. Here we have an elderly man who has recently lost his life partner while living out his last years in Mexico, together donating their fortune (valuable land) to what they thought was a great cause, a local university, and then this? Incredible, to say the least. Maybe the press doesn't have the full story, but the story they have really smells bad and I hope the American government will step up to the plate. Thanks for bringing this forward David.

Carol Schmidt

Oct 19, 2003, 10:37 PM

Post #3 of 29 (2446 views)

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Re: [DavidMcL] Mexico Connect author imprisoned in Oaxaca - - -

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This is horrible. Is there anything you (or those connected with the case) recommend that we can do, as outsiders? Officials we can e-mail? Write letters to the editor for any newspapers where it might influence public opinion? Write to Fox? Do you have e-mail or snail mail addresses we could use to voice our concerns? Thanks,

Carol Schmidt

Carol Schmidt

Oct 19, 2003, 10:41 PM

Post #4 of 29 (2444 views)

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Re: [Carol Schmidt] Mexico Connect author imprisoned in Oaxaca - - -

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I just went to the website you gave in your post, David, and found a "How you can help" section. Sorry, I should have done that first. I hope everyone on MexConnect writes to the people suggested--I'm going to.

Carol Schmidt

Brian

Oct 20, 2003, 6:43 AM

Post #5 of 29 (2417 views)

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Re: [DavidMcL] Mexico Connect author imprisoned in Oaxaca - - -

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This is certainly a disturbing issue with no apparent easy solution. I may be wrong, but I think when a foreigner is in the process of buying real estate in Mexico he/she must obtain a permit from the Secretary of Foreign Relations. It includes a clause that in the event of any disputes, the purchaser cannot invoke the assistance of his native country in resolving the problem. Carol's suggestion about possibly appealing to President Fox might be appropriate but there is a danger of it being considered meddling in Mexican political affairs which could result in deportation. Its too bad, really, that here in San Miguel we have a mailing list in which the injustices perpetrated by the US government are daily commented upon but not a whisper about this local matter.

TomG

Oct 20, 2003, 7:03 AM

Post #6 of 29 (2409 views)

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Re: [Mazatleca] Mexico Connect author imprisoned in Oaxaca - - -

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I've been thinking about this for a few days, not that I have a solution. What puzzles me is where is the advantage? Why would a big shot press the issue? He can't be entirely lacking the ability to calulate pros and cons of an issue. Why would he press an issue that is relatively close to natural resolution (death of Mr. Ames)? Why risk so much and create a bad reputation for the benefit of an institution? People don't usually take big risks for institutions, but they do for personal gain. In short, what's in it? For who? At present it make no sense.

This deserves some investigative reporting.

jennifer rose

Oct 20, 2003, 7:52 AM

Post #7 of 29 (2396 views)

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Re: [Brian] Mexico Connect author imprisoned in Oaxaca - - -

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Would anyone be upset if the landowner and the presumptive tenants were Mexicans or Albanians? I don’t think so. These circumstances can clearly be distinguished from other real estate disputes involving Americans.

Gertz’s role in the Fox cabinet is irrelevant.

Look carefully at what the AP, Washington Post and NY Times reporters have written.

The property was in the old man’s wife’s name. She died in 2000. Title passed to the University upon her death. Absent a reservation allowing Ames a life estate in the property, his right to occupy the premises terminated upon his wife’s death. The other Americans had no right, title or license to occupy the premises – no matter how charitable their intentions may have been. Mother Teresa didn’t have a legal right to remain on those premises either.

Last spring, the old man was served with an eviction notice, and he filed a civil suit against the university, claiming he wanted to revoke the gift. If he wasn’t the record owner of title, he doesn’t have the capacity to revoke a gift that wasn’t his to make in the first place. Apparently, there isn’t anything documenting his right to remain on the premises. The right of the other Americans to remain there is derivative of whatever right the old man had – if he had no right to remain, neither did they.

The University is under an obligation to protect its rights to the property and to defend it against squatters. Absent the express permission from the University – the record title holder of the property – to occupy the premises, the old man and his coterie were nothing but squatters.

There’s no doubt that all of this makes for a good story, but consider whether there would ever have been a story in the first place if the players were ordinary Juan Fulanos.

geri

Oct 20, 2003, 8:35 AM

Post #8 of 29 (2376 views)

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Re: [Carol Schmidt] Mexico Connect author imprisoned in Oaxaca - - -

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Jennifer: You're right that the U.S. Govt. and U.S. press wouldn't go to bat for ordinary Juan Fulanos, but I personally know a lot of people who would and do. I think it's natural for people to be more concerned when a tragedy is on their doorstep, human nature. Let's face it, we only have so much energy and time to share in causes.

Note: The U.S. Embassy rep DID advise us NOT to mention the names of any Mexican politicos when talking to the press. Our safest and most effective route is through diplomatic channels/politicians in our native country and David so helpfully provided info about how to do that. We ARE visitors to this country. Let's work to get the release of these prisoners and not make matters worse by messing in Mexican politics. Ah hell, I'm probably preaching to the choir!

Geri in Oaxaca

Carol Schmidt

Oct 20, 2003, 9:56 AM

Post #9 of 29 (2347 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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Thank you, Jennifer, for the other side of the story. I still think some sort of allowance should be made for the 90-year-old husband, allowing him to still live there or someplace else provided by the University, just for decency--kicking a 90-year-old out of his house seems like a lousy PR tactic, not to mention the humanitarianism of it all. And my e-mails will say something to that effect.

Brian, I'll write something on this for the San Miguel Coollist, and you could, too. This is the first time the matter has come to my attention.

Carol Schmidt

gpk

Oct 20, 2003, 10:18 AM

Post #10 of 29 (2343 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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Never confuse the law with justice--that's what they taught me in law school. It's a sad story, but the lawyer the man and his wife used to establish the gift should have informed them of the possible consequences.

Carron

Oct 20, 2003, 10:46 AM

Post #11 of 29 (2330 views)

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Re: [geri] Mexico Connect author imprisoned in Oaxaca - - -

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Are the three prisoners being permitted visits from friends, especially those in the ex-pat community???? While this is no where near the same level of seriousness, my daughter's friends are sometimes arrested and put in jail here for 36 hours as the result of disorderly conduct while drunk. They, and even the more serious offenders, are permitted visitors; and since the local jail does not serve food or provide cigarettes, the families of the inmates are welcome to come in with provisional feasts for their relatives. Can you all do anything similar about providing food and other personal aid, or has the US Consulate advised for everyone to steer way clear of the situation?

gfarmer

Oct 20, 2003, 11:05 AM

Post #12 of 29 (2322 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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Legalities aside, imagine the reverse. What if 90 year old infirm Senor Fulanos lived in the United States and a university tried to evict him and imprisoned his assistants..All the media coverage...demonstrations, law suits. Every politician U.S. and Mexican from the president on down would be screaming, legalities be damned, and the outcome would be some kind of public relations compromise.

The question is can that happen in Mexico?

Carol Schmidt

Oct 20, 2003, 11:37 AM

Post #13 of 29 (2301 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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I have just read carefully, per Jennifer Rose's suggestion, the reports in the NYTimes, WashPost, AP and MSNBC on this case, and the full story has more than what both David and Jennifer summarized. Yes, the property was in Ames' wife's name, but he has plenty of documentation that she intended that both should be allowed to live the rest of their lives on the property they had "sold", i.e. donated but with a sales price listed for tax purposes, to the university. Below are a few paragraphs from the Washington Post story.

Carol Schmidt

>The underlying issue behind the arrests is the dispute over the land where Ames lives, a parcel worth an estimated $250,000 in one of Mexico's most popular tourist destinations.

>Ames said the sale of his land to the university was part of a charitable donation. Records show that the property was in the name of his wife, Jean Ames, who transferred ownership to the university for $60,000, half of its assessed value at the time. Ames said he and his wife never received that money; the listed purchase price was simply a legal formality for tax purposes. In return, Ames said the university agreed to allow him and his wife to live on the land for the rest of their lives, and to pay them up to $4,000 a year.

>Gertz, who became president of the university in 1995, said in an interview that the land deal was made with Jean Ames only. The notarized sale agreement specifies that only she would have lifetime rights to the land. But numerous letters contained in Ames' files show that his wife intended that both of them be allowed to live out their lives there.

>"If he's saying that I have no rights here at all, that's ridiculous," Ames said. "We were dealing with splendid people at the university back then. And they made a provision for me that I could live here for the rest of my life."

>Ames and his wife lived together on the land until Jean Ames died in 2000 at age 92. Then, in May of this year, Ames was served with an eviction notice by the university, giving him nine days to vacate the property and ordering him to pay nearly $40,000 in back rent -- $1,000 a month since the death of his wife. Ames said he was stunned and angry. He hired a lawyer and filed a civil suit against the university, saying he no longer wanted it to have his land. That case is pending. >

geri

Oct 20, 2003, 11:47 AM

Post #14 of 29 (2296 views)

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treatment of prisoners-

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I am getting my information second hand, but yes, they can have visitors, make calls home (maybe limited) and receive food. I believe the expat community has a schedule of who is the "cook of the day," so they are receiving home cooked meals and are allowed conjugal visits. I am not in the "meals on wheels" part yet...but voluntgeered for when they need me. They let the reporters but not photographers in to interview them. I think they were in private rooms (no beds) for the first few days until the "trial." Now they are in with the general population. I am trying not to spread rumors and just report what people who have visited them tell me.

They (people closest to them here in Oaxaca) DID NOT go to the press for six days...until after the "trial" and when it seemed as if press coverage was needed. The press IS the fourth estate in the U.S. The press can investigate and report in the U.S. newspapers without repercussions.

Expats can visit the prisoners without repercussion also it seems. We were just warned against accusing Mexicans, by name, of wrong doing. The prisoners are not being abused, other than the obvious discomfort of jail.

Geri

bournemouth

Oct 20, 2003, 12:49 PM

Post #15 of 29 (2279 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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It would have been nicer if Jennifer Rose could have given Mr. Ames the courtesy of using his name in her message. "The old man" has a belittling feel to it and whilst Jennifer may feel this is a cut and dried legal case, and she may be right, it is a human tragedy. A little courtesy never goes amiss.

Carron

Oct 20, 2003, 1:19 PM

Post #16 of 29 (2269 views)

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Re: [bournemouth] Mexico Connect author imprisoned in Oaxaca - - -

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Likewise, a good deed never goes unpunished. Whoever said that is certainly right in most cases.

I appreciated the clarity and objectivity with which JR advised all of us "concerned but uninformed non-lawyer expats" about the apparent realities behind the legal situation in this case. Thanks to Jennifer Rose!

Carol Schmidt

Oct 20, 2003, 5:10 PM

Post #17 of 29 (2214 views)

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Re: [Carron] Mexico Connect author imprisoned in Oaxaca - - -

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Jennifer's post made it sound as if there's nothing wrong going on, that Ames is in the wrong, that because the land had been in his wife's name he has no legal rights to stay in his home until he dies. But he has documentation that he was to be allowed to remain, and as such would certainly be entitled to use a caregiver and groundskeeper. The third man who is renting a place on the grounds may not have much legal right.

The Associated Press story is being picked up by newspapers all over--I just saw the story in a Boston paper, I think the Globe. So this is a big deal, an injustice has been done. The news reports make it sound as if a deal is close for Ames to remain, but he should be allowed to maintain his caregiver and groundskeeper. Probably not the tenant, but I'm no lawyer, just guessing here, on the basis of what seems fair and honorable. Charging the three Americans with squatting and with planning to destroy and steal University property is just plain ridiculous with the testimony from Ames to the contrary.

I just finished rereading Graham Greene's The Power and the Glory for an SMA book club, and his description of latrine duty in a jail where the priest had to sleep on the concrete floor among 40-some other general population prisoners was horrendous. I bet it isn't much better today for Mary Ellen Sanger in jail on latrine duty, sleeping on concrete.

Carol Schmidt

TomG

Oct 21, 2003, 6:42 AM

Post #18 of 29 (2155 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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While I agree on Jennifer's reading of the facts, I think high government officials generally have bigger fish to fry, and think in broader terms. This situation could readily have been adjusted to satisfy both parties interests, and original intentions, without the slightest press exposure.

Given Mr. Ames age and condition, as well as the history of his community involvement in Mexico, this was sure fire press outrage. Check todays LA Times:

http://www.latimes.com/...l=la-headlines-world

President Bush and Mexican President Vicente Fox, putting an icy rift over Iraq behind them, met Monday for the first time in a year and agreed that their governments would try again next month to tackle the touchy issue of immigration.

The two neighbors traveled halfway around the world for a 30-minute reconciliation on the sidelines of the annual Asia-Pacific Economic Cooperation summit in the Thai capital. Their meeting, described by a U.S. official as "relaxed and very warm," ended with Bush inviting Fox to visit his Texas ranch in the coming months.

......"We think of this as a jigsaw puzzle, in which a migration accord is a series of necessary actions," (Foreign Minister) Derbez said. "And what we are looking for now is, in this series of actions, which ones would be achievable in the short, medium and long term."

Remember the bounty hunter from Nevada, Mad Dog someboby, who looked like something that wash up on the beach in California? He was arrested for kidnap-arresting a rich US fugitive. Now there Mexico clearly had big violations of its laws, and Mad Dog ______ while receiving amazing big US press coverage for a sustained period, was released on bail and handily disappeared to the USA (skipped bail - illegal) and subject was dropped. ????? And the USA did _____???? Now to me, Mad Dog _____ lacked terribly in the quality of sympathic appeal.

Rules are rules ..... under certain conditions.

In this case we might have immigration-immigration-property as issues. And what Bush most certainly doesn't need lately is another firecracker in his shoe. After treating him with regard for 2 years or more, Fox began to unexpectedly play hardball with Bush at the Security Council last winter (firecracker in the shoe).

Strange that Mad Dog ____ should get so much more press, and be on cheap TV news so much. Mr. Ames only seems to get in the newpapers that pointy heads read (NYTimes, Boston Globe....)

Not that I know what to do about the situation, either way.

believer111

Oct 21, 2003, 12:50 PM

Post #19 of 29 (2084 views)

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Re: [jennifer rose] Mexico Connect author imprisoned in Oaxaca - - -

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Interesting case.

The legal facts in this case are laid out by jenrose. Additionally the verbal agreements or letters/correspondences agreeing to Mr. Ames occupation of the property until his death, seem to have been negated with change in university regime.

There are certain "squatters' rights" peculiar to mexico, and it appears the university is attempting to protect their rights to this property. Legally all understandable.....but, in our eyes, where is the moral justice, right?

As noted in earlier post there is a url link with contact email addresses for President Fox, President Bush, et al. I have written emails asking for COMPASSION for an elderly man (91), who does not have many more years to live, who loves mexico, has chosen to donate property to the university, and is desirous of spending his last days on property he has so thoughtfully donated. We ask for the same compassionate consideration for the caregivers who were unknowigly/unwittingly involved.

The Mexicans are very compassionate people and revere the elderly in their society. Laws are laws and rules are rules, but anything is possible in Mexico, and soliciting compassion from the President is in order here. Join in and write your emails, guys.

Every voice counts. Anything is possible in Mexico.

Dios le bendiga,
hermana greta

(This post was edited by believer111 on Oct 21, 2003, 12:58 PM)

Carol Schmidt

Oct 21, 2003, 9:48 PM

Post #20 of 29 (2026 views)

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This news story also reported in today's Herald

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The Mexico version of the Miami Herald, English language, had an even more in-depth look at this case today, and it really sounds as if something fishy is going on. The Mexican people who live near this house are showing strong support for Ames and the three Americans who were arrested, preventing a second serve of the eviction notice to Ames, for example.

And since many homes were built on the parts of the larger property, as pieces of land were sold off, before the deal to sell/donate the property to the university, the people who live in these homes are scared that their homes will be seized as well. The university claims the entire original property was given to them, not just what was listed in the donation papers, and thus they have a right to evict all those other homeowners as well.

Carol Schmidt

believer111

Oct 23, 2003, 8:53 AM

Post #21 of 29 (1928 views)

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Re: [Carol Schmidt] This news story also reported in today's Herald

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Today have sent MORE emails to the powers that be asking for investigation and compassion. (email addresses available at URL shown in early response above) EVERY voice counts. Keep on sending emails. Keep on keepin' on.

shalom,

Dios le bendiga,
hermana greta

TomG

Oct 23, 2003, 11:46 AM

Post #22 of 29 (1892 views)

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Re: [TomG] Mexico Connect author imprisoned in Oaxaca - - -

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Check this new article in the NYTimes.

http://www.nytimes.com/...Mart-Arrests.html?hp

It looks to me like a volley. "......a federal offical said"? Com-ahn....since when is arresting some illegal immigrants in Wal-Marts in the hinterlands a Washington news release affair? Check the array of states......nice distribution. This kind of stuff doesn't pass up past the local INS regional office in my opinion. And anyone can find this many Mexicans in any single Wal-Mart on any Saturday afternoon or Sunday after Mass. Actually you could catch as many Mexcians customers in a Wal-Mart on the weekend as you could attending a Spanish language Mass on Sunday. They didn't need to scoop 19 states to do this. It looks like an event to me.

Why is Wal-Mart mentioned? The unnamed contractors are the real responsible parties. They went for the sub-contracted workers rather than the customers - rather selective. This is a very screwy event.......it looks like diplomacy at work to me.

---------------------------------
October 23, 2003
Illegal Immigrants Arrested at Wal-Mart Stores
By THE ASSOCIATED PRESS
Filed at 2:01 p.m. ET

WASHINGTON (AP) -- Federal officials arrested more than 300 illegal workers at 61 Wal-Mart stores across the country early Thursday morning and searched the office of one of the retail chain's corporate executives, a federal official said.....

.....The states where arrests were made are Alabama, Arkansas, Arizona, Connecticut, Delaware, Kentucky, Massachusetts, Maryland, Michigan, North Carolina, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and West Virginia.

tonyburton

Oct 24, 2003, 12:39 PM

Post #23 of 29 (1823 views)

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Story of Oct 22 - Knight-Ridder Washington Bureau

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It sounds like the protests might be getting somewhere, albeit slowly:

http://www.realcities.com/...shington/7077859.htm

believer111

Oct 24, 2003, 4:12 PM

Post #24 of 29 (1805 views)

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Re: [tonyburton] Story of Oct 22 - Knight-Ridder Washington Bureau

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These new developments in the Ames case are great!! Let's keep sending emails. every voice counts. Also important to send emails of thanks when time is right.

keep on keepin' on.

shalom,

Dios le bendiga,
hermana greta

niblock

Jul 15, 2004, 8:37 PM

Post #25 of 29 (1618 views)

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Re: [believer111] Story of Oct 22 - Knight-Ridder Washington Bureau

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Epilogue: Theyre' free. www.freetheoaxaca3.org

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