CAFTA Heraing Room, World Bank, Washington, DC
”The Prosecution didn’t go that well for the Cost Rican State, maybe the Best Way is to “KILL HIM”. “Nestor Morea” Costa Rica Criminal Attorney for David Aven.
— Nestor Morea Criminal Attorney for David Aven
LOS ANGELES, CA, US, January 12, 2018 /EINPresswire.com/ — One of the most remarkable statements made at the CAFTA hearing, was made by Nestor Morea, David Aven’s criminal attorney. See above statement below in video at the 8-minute mark. The “him” Mr. Morea is refering to in “KILL HIM” is David Aven.
In all trials, there’s a provision for attorneys to object to any false statements being made under oath. If there’s no objection, the statement stands as being true. Costa Rica’s attorney Christian Leathley, didn’t object to Mr. Morea’s , “KILL HIM”, statement. He could have said, objection there’s no evidence that Costa Rica had anything to do with the attempt to kill Mr. Aven. Or after Mr. Morea finished being questioned, Mr. Leathley, could have asked Mr. Morea, if he had any evidence to prove Costa Rica had anything to do with the attempted assassination of Mr. Aven? However, neither of the above happened, therefore Mr. Morea’s statement stands as being truthful.
In watching all the hearing videos, there weren’t any objections to any statements made by David Aven, during his lengthy testimony at the CAFTA hearing. Therefore, his statements stand as being truthful. This is a very important element in any legal proceedings. If an attorney doesn’t make an objection, statements made stand as being truthful.
As well as watching all the hearing videos, I also watched all the criminal trial videos, in which Mr. Nestor Morea was defense attorney for David Aven and Jovan Damjanac. I would say Mr. Morea was being kind when he said the “prosecution didn’t go well.” After watching the trial videos, this reporter thought the trial was a total prosecutorial disaster. Mr. Martinez’s own witnesses disagreed with him, none of his witnesses provided any evidence that either Mr. Aven or Mr. Damjanac committed a crime or had an intent to commit a crime.
In Costa Rica, a defendant has a right to make a declaration at the end of the trial, just before closing arguments. Mr. Aven spoke for about one-hour-30-minutes, and ripped Mr. Martinez for not considering objective evidence. Mr. Aven stated that Martinez provided no evidence to prove his case. He showed the Judge Government reports and permits, all saying there was no wetlands. Mr. Aven pointed out Dr. Curbero, the director of INTA, testified there was no wetlands. That’s the report that Mr. Martinez told Mr. Aven, “HE DIDN’T BELIEVE”. Just looking at the video objectively, shows that Mr. Martinez was either corrupt, incompetent or both. Mr. Martinez had every right to stand up, at any time, and object to “ANYTHING” Mr. Aven said. However, he was either too shocked or incompetent to raise one objection. Therefore, all statements made were as accepted as truthful.
After Mr. Aven made his statement, instead of Mr. Martinez standing up and giving his closing statement, he asked the judge for a continuance, even though it was only 11am. Over Mr. Aven’s objection, the Judge granted the continuance.
One day before the next hearing the Judge called in sick. Costa Rica had no alternative judge, as required by law, so the hearing didn’t take place. In Costa Rica, if a trial goes more than 10-days between hearing dates, it’s a mistrial. On the 11th day, Mr. Martinez filed for a mistrial and new trial. Mr. Aven’s attorney objected saying it wasn’t defendant’s fault there was no alternative Judge. Martinez wouldn’t agree to have the trial continue after the Judge came back to work. Mr. Morea filed two appeals, both to no avail. Mr. Aven and Mr. Damjanac were forced to go through the expense and ordeal of an entire new trial. Does any of this sound fair or reasonable?
This was the most egregious, abusive and corrupt ruling this reporter ever witnesses. It perfectly described what Mr. Fernando Zumbado said in his witness statement about Costa Rica’s criminal justice system,
“As a result of my own experience, my impression of the criminal justice system is one of subjectivity and mediocrity. It is a system in which I no longer have any confidence.”
This is exactly the same experience Mr. Aven and Mr. Damjanac had as well and they feel exactly the same.
About two months later, Mr. Aven and another US Investor,Jeff Shioleno, were driving back from the project site, a motorcycle with two riders passed them on the highway, firing six gun shots into their car narrowly missing them. Emails sent to Mr. Aven after the shooting connected the shooting to problems he was having with the Government, telling Mr. Aven to “leave the country, or be killed.” Mr. Aven, not wanting to get killed, left the country and moved back to US.
Mr. Morea testified at the hearing that he attempted to get Costa Rica to provide Mr. Aven’s security for the second trial, they refused. Mr. Aven testified he tried to get the US Embassy to provide him security, they also refused. When the second trial was scheduled in January of 2014, Mr. Aven was in a hospital having surgery and couldn’t return for second trial. Although, Mr. Aven sent letters from his doctor to the court, the Judge disregarded Mr. Aven medical condition and put an arrest warrant out for him, for failing to show up for the second trial.
Mr. Martinez, testified at the CAFTA hearing that he was the one that requested the INTERPOL red notice to be placed on Mr. Aven. Initially, INTERPOL did issue the red notice on Mr. Aven, but later took it down after Mr. Aven’s attorney objected stating, it did not meet INTERPOL red notice guidelines. All of the above, plus the destruction of a multi-million-dollar project was caused by one Rogue prosecutor, Mr. Luis Martinez, who refused to follow Costa Rica law. Does any of this sound PURA VIDA to you! We Report, You Decide!
Click to see testimony video from the CAFTA hearing at the World Bank. See CAFTA submission filings on ITA Website. Watch for more corruption reports and visit our website at CRBUZZ.com.
The Corruption Report
email us here
Nestor Morea Testimony at CAFTA Hearing Talks About Assassination Attempt