U.S. Won't Be Getting Joran Van der Sloot Any Time Soon

By Jeralyn, Section Crime in the News
Posted on Thu Jul 25, 2013 at 08:22:00 AM EST
Tags: Joran Van der Sloot (all tags)

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An appeals court in Peru has upheld the 28 year sentence of Joran Van der Sloot for homicide and simple theft pertaining to the murder of Stephany Flores. Van der Sloot's attorney, Maximo Altez, had sought a lower sentence.

According to the chief Judge, Javier Villa Stein, the decision means Van der Sloot will have to serve his entire sentence in Peru before being extradited to the U.S. to face his extortion charge pertaining to Natalee Holloway's mother.

Javier Villa Stein, president of the high court, who noted that this decision was made unanimously after evaluating the sentence issued in January 2012 on charges of homicide and simple theft. Furthermore, [Judge Stein] noted that Van der Sloot must meet his sentence in Peru before being extradited to the United States....

[More...]

The Peruvian Supreme court ruled in June, 2012 the U.S. would have to wait until his finished serving his sentence, but Judge Stein's comment is confirmation nothing's changed in that respect.

Since Van der Sloot got a 2 year sentence break at the time he was sentenced for his "sincere confession" and early termination of the trial, his lawyer says he likely is eligible for release on parole after serving 1/3 of his sentence, or 9 years. In addition, he may be eligible for good time through "prison benefits) which could cut a few more years off his sentence.

"Van Der Sloot is eligible for probation is a third of the sentence, because he meets all requirements. He could receive the benefits (prison) and could come out with a third of his sentence (approximately nine years)."

That was my understanding at the time he was sentenced, but I also wondered, after reading the Code (in Google translator, not the best) when the extradition request was made whether the extra prison benefits might not apply to an inmate with a detainer.

So, bottom line is Van der Sloot didn't get an extra cut in his sentence, but his reduction from 30 to 28 years for his "conclusio anticipado" is now secure, which should mean he is eligible for release after 9 years, and possibly more with prison benefits. In addition, his lawyer says his request to marry a Peruvian woman has been approved (he's already allowed conjugal visits, as those are allowed for common law relationships.) He'd also get credit for the time he spent in prison awaiting trial.

There's a possibility he could avoid extradition altogether once he's married to a Peruvian and applies for citizenship.

His restitution to the Flores family was also affirmed. If that has to be paid before extradition, the U.S. could wait even longer for his arrival.

Last item: He still has an appeal pending before the Corte Interamericana de Derechos Humano (International Court of Human Rights) in which he is requesting the Peruvian sentence and conviction be set aside. I don't see that appeal as having much chance.

[No character attacks on Joran Van der Sloot please, we don't allow them on anyone. If you have an opinion, please be civil.]

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U.S. Won't Be Getting Joran Van der Sloot Any Time Soon | 9 comments (9 topical)

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The Sting (none / 0) (#1)
by jane on Thu Jul 25, 2013 at 08:01:11 AM EST

Here's my theory about what really happened to Stephany Flores. I don't think there is any chance that this will ever be investigated.

Based on discussions I have had with people who know about hotel surveillance systems, the camera outside JVS room (taken from a screen shot of a media report) was not a part of the hotel security system. It was a covert camera placed inside an electrical junction box and focused on JVS door. That camera was #2 of the covert system. It seems likely that camera #1 was inside JVS room and was part of a sting operation most likely conducted by Peter deVries to obtain a confession from JVS on the 5th anniversary of Natalee Holloway's disappearance.

The part that Elton Garcia played in all of this is not that hard to figure out. He is the one who invited JVS to Lima to play in the poker tournment. Garcia was staying in the Hotel Tac on the floor above JVS. It is most likely that he was the one who installed the wireless covert cameras and recorded the video from them in his room.

Garcia introduced Joran to Stephany Flores. Garcia was playing poker with Joran and Stephany at the Atlantic City Casino from the time Stephany arrived at 3 a.m. until she and Joran left together around 5:15 a.m.

After Stephany had been missing for 3 days, it was Garcia who asked one of the casino employees to call the Hotel Tac to ask for Joran. This is what led to the discovery of Stephany's body in Joran's room. Why did it take Elton Garcia 3 days to look into the whereabouts of Joran and Stephany? He knew they left together. He knew Stephany was missing because there was a lot of talk about it in the casinos. He was staying in the same hotel where Joran stayed.

Information from the book "Portrait of a Monster:
After the body was discovered shortly after midnight on June 2, the hotel owner Kuan Bo was called at his home and arrived at the hotel around 1 a.m. Elton Garcia also arrived back at the hotel at approx 1 a.m., spoke to the desk clerk, and learned officially that the bodies had been found.

Kuan Bo did not call the police from his home and did not call them for at least an hour after he reached the hotel. By the time the police arrived close to 3 a.m. Kuan Bo had isolated video footage showing Joran and Stephany which he gave to the police.

the problem with this (none / 0) (#5)
by Jeralyn on Fri Jul 26, 2013 at 04:58:22 AM EST

is that Joran confessed to the Flores murder. He's argued his rights were violated, and he has psychological issues, but I'm not aware of him disavowing he killed Flores.

I was also troubled initially by Elton Garcia and wrote a long post about it, but with Joran confessing and not claiming factual innocence, I think it's a dead issue and I would rather you not post speculative theories implying someone else was responsible for the Flores murder.

It's the Holloway murder Joran has never been charged with or convicted of.


The Confession (none / 0) (#7)
by jane on Fri Jul 26, 2013 at 07:17:40 AM EST

I was troubled by the circumstances under which the confession was obtained. The information in the confession does not fit the facts of the case.

JVS also was led to believe that by admitting guilt he would get a much lighter sentence than he did.

It seems to me that this is a false confession.


Vote on the confession (none / 0) (#8)
by jane on Fri Jul 26, 2013 at 11:19:08 AM EST

October 2, 2010
A three judge panel voted 2-1 to throw out the confession, however, CBS 42 reports that Peruvian law requires three unanimous votes to make it official, thus a fourth appeals judge has been reviewing the case. Nonetheless, if the fourth judge votes against throwing out the confession, a fifth judge will have to be consulted to arrive at three unanimous votes one way or the other.

**
There was no media report that I could find explaining how and when the final decision about the confession was reached.


: Comment replying to this (none / 0) (#9)
by Jeralyn on Sat Jul 27, 2013 at 03:54:30 AM EST

was deleted for claiming as fact with no support Joran VDS would never get paroled, never get citizenship in Peru and never get out jail till he's 60. It was overly long and seemed like an anger-fest, not a rational discussion. And having read the Peruvian law, I don't think anything is cast in stone. Since the other day the Flores attorney said he hoped Joran doesn't get prison benefits (different than parole), I assume there's a chance he will.
If that poster wants to shorten his/her post and include some source links (in html format), the post can say. But rants against Joran are not appropriate.

Bribery ? (none / 0) (#3)
by ScottW714 on Thu Jul 25, 2013 at 03:19:45 PM EST

Didn't Holloway give money to JVS to confess ? How does he get charged with bribery ?
She should be charged with tampering with a witness/evidence.

I wonder if Holloway even cares that Flores would be alive had she not given money to JVS, which he used to go to Peru ?

There is another mother in her shoes because of her meddling. I wonder if she even cares, of just glad JVS is behind bars even though it's never been proven that he killed her Natalie.

: Only as part of an FBI sting (none / 0) (#4)
by jbindc on Thu Jul 25, 2013 at 03:23:49 PM EST

Around March 29, 2010, Joran van der Sloot allegedly contacted Holloway's attorney John Q. Kelly with an offer to reveal the location of her daughter's body and the circumstances surrounding her death for an advance of US$25,000 against a total of $250,000.[52] Kelly said that he secretly went to Aruba in April to meet with Van der Sloot, who was desperate for money, and gave him $100. Kelly notified the Federal Bureau of Investigation to set up a sting operation with the Aruban authorities.[53][54] On May 10, Van der Sloot allegedly accepted the amount of $15,000 by wire transfer from Birmingham to his account in the Netherlands, following a cash payment of $10,000 that was videotaped by undercover investigators in Aruba.[55][56] In exchange, Van der Sloot told Kelly that his father buried Natalee's remains in the foundation of a house. Authorities determined that the information that he in return provided was false, because the house had not yet been built at the time of Natalee's disappearance.[57] Van der Sloot later e-mailed Kelly that he lied about the house.[53] Holloway was shocked that the FBI did not promptly file extortion charges against Van der Sloot, allowing him to leave freely with the money to Bogotá, Colombia, on his way to Lima, Peru.[57][58] The FBI and the office of the U.S. Attorney contended that the case had not yet been sufficiently developed.[54]
On June 3, 2010, the U.S. District Court of Northern Alabama charged Van der Sloot with extortion and wire fraud.[59] On June 30, 2010, a federal grand jury formally indicted Van der Sloot of the two charges. The indictment filed with the U.S. District Court seeks the forfeiture of the $25,100 that had been paid to Van der Sloot from Holloway's private funds.[60] Van der Sloot was apprehended on June 3 in Chile and is presently being held at Miguel Castro Castro maximum security prison in Lima, Peru, where he is charged with the first-degree murder and robbery of Stephany Flores Ramírez.[61] Though Holloway made television appearances as new developments arose, she was directed by the FBI not to discuss her daughter's case or that of Flores Ramírez.[62]

Wiki

: bribery should have been extortion (none / 0) (#6)
by Jeralyn on Fri Jul 26, 2013 at 05:00:43 AM EST

fixed now

update (none / 0) (#10)
by MNIN on Mon Jul 29, 2013 at 04:59:05 PM EST

I'm surprised. Another writer here wrote her opinion that Joran was setup without any supporting documentation, but when I countered her argument, my post was deleted and a comment was added by the author stating that if I had supporting documentation, the post would be reinstated. And that I was a "Joran basher". Not sure why that is, let me try this instead.

Let's have a logical argument.. not a quarrel, but a logical debate. I'm going to list all the propositions and arguments you all are making here and comment on them 1 at a time.

The arguments posted by the author are
(1) JVDS conviction / sentence was upheld by Peruvian "appellate" courts.
(2) JVDS is ELLIGIBLE for parole after serving 1/3 of his sentence - time off for rehabilitation.
(3) JVDS might be able to avoid extradition to the US by becoming a Peruvian citizen.

The propositions make by Jane are:
(4) the hotel cameras were unusual
(5) Elton Garcia's behavior was unusual
(6) the hotel staff's handling of the video tapes was unusual
(7) the hotel staff's reporting of the crime to the owner first, then the police (after 1 hour) was unusual
(8) Joran's initial confession was coerced and invalidated by 2:3 judges
(9) Joran's in court confession was coerced by his attorney's to buy down his sentence.

Jane's conclusion?
(10) The unusual events mean Joran is innocent and was setup.

and ScottW714's claim of bribery v the extortion charge and jbindc's response.

----
let's start with number (1). I agree with this. Peru21.PE did report the story that the supreme court of appeals did uphold Joran's sentence and conviction. I have not read this anywhere else on the internet, so congrats Jeralyn and thanks for scooping the story.

(2)Joran's parole. First, let me say EXCELLENT work documenting links to the Peruvian laws. They are not easy to find on the internet. Next, I'm going to concede that Joran will be ELLIGIBLE for parole sometime in the future. The exact date is not clear. However, book6, S1, 491p(3) states that early release must be discussed in a hearing (judges and prosecutors to be present).
The prison manual, which you also leaked, describes documents required for early release in chapter 3. They include, the court order, certification of residence, declaration of why he needs early release, certification of employment, and proof of payment of civil penalties. My belief is the judges hearing the case will hear "he can't work or live in our society because he's been expelled. So we can't release him early" versus, "he needs to work to repay his debt" (from his attorneys) and they will make the decision NOT to certify his release. Furthermore, I don't think he'll pay his debt nor will he find a job so I don't believe he'll have any of the documents he needs to be released from prison early. For that matter, I'm not even sure he's going to get his debt paid by 2038. No one knows exactly what is going to happen. It's all opinions at this point. But, in my humble opinion, I think the odds of him getting paroled are slim.

In addition, Joran has the extradition and extortion charges hanging over his head. That will surely slow down any process for parole. Speaking of that, Joran has been charged in the US by a grand jury of the charge of extortion. In Alabama, and you can google this, extortion is defined in 13A-8-1 and 13A-8-13 and 13A-8-14/15 of the Alabama penal code. This carries an imprisonment sentence of 2-20 years with an average 8-10 years.

So, without parole, Joran is scheduled for release in 2038 (if his fines are paid) + say 10 years in a US prison = 2048. His age at that time will be 2048 - 1987 = 61 years old. So when originally said, Joran will be 60 when he's released from prison, that's where the number came from.

Let me point out, this is NOT Joran bashing. I haven't even commented on his character have I?

Moving right along to #3. Joran becoming a Peruvian citizen via marriage. Peru requires spouses to APPLY for citizenship. This information is readily available via google. Among other requirements, the application includes attachments of employment, financial statements, a declaration stating whether or not you've been convicted of a felony. Joran has no job, no money, and he was convicted of murdering a Peruvian citizen during a 2 vacation in Peru. I don't believe the INS officials in Peru will grant him citizenship. But only time will tell.

Moving right along, arguments(4) - (9). Irrelevant. Whether the cameras were new, Garcia was an FBI agent, original confession was coerced, is all water under the bridge. Joran had his day in court. He CONFESSED to murder in court. That confession made him guilty of murder. The case is now OVER. As to him confessing to get a reduced sentence HE DID. He was faced with overwhelming evidence and bought back 2 years of his life by confessing.

argument #10. As to the conclusion that "unusual = innocence", that is non-sequitur. The premises do NOT support the conclusion. Do I need to spend the time reviewing this?

argument #11: extortion. Very sorry ScottW714, but under Alabama law, extortion is defined as "knowingly obtains by threat control over another persons property with the intent of depriving the person of that property" In this case, the property is Beth's money. The threat is "will not tell you where your daughters body is". According to the 13A-8-14, threats that physically harm the victim of extortion (and Beth can certainly say withholding my dead daughters body has caused me mental and physical pain and suffering)are a extortion in the first degree which is a class B felony in Alabama subject to 20 years imprisonment + no cap on fines/penalties. The FBI has audio and video tapes and ample evidence that Joran did indeed commit extortion (and Joran admitted to it btw) when he approached Beth's attorney for $. Unless all the evidence magically disappears, he will be convicted of this crime folks.

----
oops almost forgot. Joran's appeal to the CORTEIDH. The Inter-American court of human rights hears cases from 2 sources. (1) from governments, (2) from the IACHR. The Inter-American Commission on Human Rights. Got that? An individual like Joran cannot appeal directly to the court. He must appeal to the IACHR and convince them to take his case to the court. The role of the IACHR is to evaluate the persons claim and mediate a solution (if there is merit to the case) and bring the case to court IF a resolution cannot be reached between the parties involved. Furthermore, the IACHR will NOT accept cases until there are no further appeals.

Meaning this. Now that Joran's appeals are concluded, he may bring his case to the IACHR. IF they find merit in his case, and I don't know why they would since he CONFESSED IN COURT and since his sentence was consistent with Peruvian and even international guidelines, then they may try to mediate a solution. IF they can't, they MAY decide to bring the case to the Corteidh. And the court may or may not hear the case. If you look at the IACHR website here http://www.oas.org/en/iachr/ you'll see there is NO reference to Joran Van Der Sloot.

which brings me to a final point. ALL the chatter about IACHR/CORTEIDH relief, about early parole, about marriage and pregnancies.. all of it, is highly dubious.

----
comments Jeralyn?