George Kelly listens to testimony
during his preliminary hearing in Nogales Justice Court in Nogales, Ariz.,
Photograph: Pool photo by Mark Henle
Death and Justice on the Border: A Migrant Is Killed, a Rancher Is Charged
An unarmed Mexican man was shot as he crossed an Arizona ranch.
The case against the ranch owner has prompted a backlash among supporters
who say he is the real victim.
April 3, 2023
Once the defendant has entered
a plea of not guilty,
a preliminary hearing will often be held.
The prosecutor must show
that enough evidence exists
to charge the defendant.
are not always required,
and the defendant
can choose to waive it.
It must be held
within 14 days of the initial appearance
if the defendant is being held in jail.
If the defendant is out on bail,
it must be scheduled
within 21 days of the initial appearance.
The prosecution will call witnesses
and introduce evidence,
and the defense can cross-examine witnesses.
the defense cannot object
to using certain evidence,
and in fact,
evidence is allowed to be presented
at a preliminary hearing
that could not be shown to a jury at trial.
If the judge concludes
there is probable cause to believe
the crime was committed by the defendant,
a trial will soon be scheduled.
However, if the judge does not believe
the evidence establishes probable cause
hat the defendant committed the offence,
they will dismiss the charges.
copied 4 April 2023,
U.S. Department of Justice
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