GUILTY MA - Vanessa Marcotte, 27, murdered, Princeton, 7 Aug 2016 #8 *Arrest*

[Indy Anna]

Angelo Colon-Ortiz, accused of killing Vanessa Marcotte in Princeton, claims language barrier led him to give DNA without proper consent

Oh, c'mon.

 

[mocity]

Oh, c'mon.

We knew that was coming................ surprised it took so long.

 

[Fred52]

Hey Rock what happens next? Does a judge rule that ya he can't speak English and the dna gets thrown out? Does the prosecution now have to prove he speaks passable English? Is this all done in writing? How does it work? And thanks!

 

[Rocky1]

Hey Rock what happens next? Does a judge rule that ya he can't speak English and the dna gets thrown out? Does the prosecution now have to prove he speaks passable English? Is this all done in writing? How does it work? And thanks!

What Ryan (defense attorney) did here is a normal procedure as far as the job of a defense attorney is concerned to have evidence suppressed.
It is his/her job to suppress evidence. Before trial, there are/can be many hearings/conferences, for this purpose.
Under the "Exclusionary Rule" The judge will determine if evidence was illegally obtained under our 4th amendment, where the state is not allowed to use this evidence.
("Fruit Of The Poisonous Tree" doctrine of evidence)
Ortiz didn't have to speak English, however, he did have to understand what was going on. We'll have to wait and see if the judge finds he did or not.
Mocity was right. We knew this was coming. Below is a video taken on the day Ortiz was arraigned in Leominster District Court 2 days after his arrest.
Time stamp@.40.

 

[searunner]

We knew that was coming................ surprised it took so long.

Yeah, we did. Though it still makes me ill.

Thanks to weepingangel for first posting the news and to others who posted something on this, too.

 

[Fred52]

Vanessa Marcotte murder case: Angelo Colon-Ortiz fires attorneys

 

[weepingangel]

Oops use your imagination on my comment there I guess

 

[Steleheart]

Vanessa Marcotte murder case: Angelo Colon-Ortiz fires attorneys

The motion argues that he had difficulty understanding the Spanish-speaking state trooper at the scene and had to receive their request second-hand through his girlfriend.

So the language barrier is Spanish??
Who whould have guessed.

 

[Fred52]

Does the motion to have the DNA evidence thrown out get ruled on even though he fired his attorneys?

 

[runfar262]

Angelo Colon-Ortiz, accused of killing Vanessa Marcotte in Princeton, claims language barrier led him to give DNA without proper consent

What a crock of _____. Honestly!

 

[runfar262]

Vanessa Marcotte murder case: Angelo Colon-Ortiz fires attorneys

Ah, so he understands enough about motion practice to conclude that he is unhappy with his representation but he did not understand D N A which is he same in spanish or english....

 

[Steleheart]

Colon-Ortiz, charged with Vanessa Marcotte slaying, gets 2 new lawyers

 

[Crazyjster]

Ah, so he understands enough about motion practice to conclude that he is unhappy with his representation but he did not understand D N A which is he same in spanish or english....

He can argue admissibility when it comes to DNA but I doubt any judge will buy it...usually you sign a waiver and unless he is going to claim he can't read or understand any language then he is out of luck

 

[weepingangel]

https://www.masslive.com/worcester/2019/04/vanessa-marcotte-remembrance-run-foundation-to-host-3rd-annual-5k-walkrun-at-wachusett-mountain-on-june-15.html

 

[Rocky1]

Today marks the third anniversary of the death of Vanessa Marcotte.
There have been no updates that I am aware of in the criminal case Her name lives on through her foundation that raises money from an annual 5 k race, The Falmouth Road Race, Several sponsorships, and through donations.

Vanessa T. Marcotte Foundation

 

[runfar262]

I find the lack of forward movement in this case frustrating. In the meantime, I follow the VTM Foundation on Twitter and Instagram. The Foundation hosts running races and other events to empower women. Hopefully, justice will be served in the near future. Glad to see folks still checking in here every now and then.

 

[Fred52]

Was firing a well known defense attorney like Ed Ryan by someone who allegedly doesn't speak English simply a delay tactic?

 

[Fred52]

Man accused of killing Vanessa Marcotte in Princeton renews effort to have DNA evidence thrown out

 

[Rocky1]

Man accused of killing Vanessa Marcotte in Princeton renews effort to have DNA evidence thrown out

Thank you Fred.

 

[Rocky1]

Here's another article.
Man charged with murdering Vanessa Marcotte requests DNA evidence be thrown out

In an unsigned affidavit accompanying Masferrer’s motion, Colon-Ortiz said he speaks only Spanish and cannot speak or understand English nor read or write in English.

A unsigned affidavit is useless, and Masferrer should know this.


He said he was not home when police first arrived asking for him, and his girlfriend told the officers they should return with an officer who spoke Spanish.

If I remember right, Police left a business card and told his girlfriend to have Ortiz call them. He never did, so they returned.


Colon-Ortiz also said he was unable to read and did not understand the paper he signed to consent to a DNA sample.

Unable to read, yet was able to function at Fed-Ex.


“I signed the paper they gave me because I understood that I had to or else I would be taken away,” Colon-Ortiz said in the affidavit. “I had no idea that I did not have to speak with the police or sign the paper or let them take a swab. It was my understanding that I was required to give a sample to the police and that I did not have a choice ... I did not provide the sample voluntarily.”

There is a lot of case law related to this situation.
United States v. Gaviria, 775 F. Supp. 495 (D.R.I. 1991)