Usually the government prefers a plea deal to a trial in controversial cases where illegal alien criminals are involved. The details often reveal authorities’ continuing malfeasance and unwillingness to protect the public from truly dangerous foreigners.
For example, we learned during the trial of murderer Dennis Herrera that victim Mary Nagle incurred terrible injuries as she fought unsuccessfully to save her life. She was raped and bits of her ear and hair were found around the crime scene (her bedroom), details that were not revealed until the trial.
The death of Benedictine nun Denise Mosier has been more secretive than most cases because of the embarrassment it caused DHS honcho Napolitano. The crime occurred at a time when she had been touting the administration’s supposed emphasis on prosecuting dangerous criminals rather than mere job thieves.
It was more than curious when Napolitano withheld records about the case. The whole thing looks plenty dirty, since Carlos Montano’s crash killing the nun was his third drunk-driving incident in five years. The deadly smash-up occurred after he had been released onto American streets even though he was in the midst of a removal process.
The upcoming legal proceeding will take place before a judge rather than a jury and some charges are expected to be pleaded out in advance, although there will be a camera in the courtroom to record opening and closing statements. I’m sure those will be played close to the vest to minimize any further political damage to the administration and its permissive attitude toward even the most dangerous foreign criminals.
Martinelly expected to plead to some charges in nun’s death, InsideNOVA.com, October 28, 2011
Carlos Martinelly Montano, the illegal immigrant charged in an August 2010 crash that killed a nun, has opted to be tried before a judge instead of a jury.
Martinelly, 23, was set to go on trial before a jury Monday on felony murder and a host of other charges in connection with the fatal crash on Bristow Road. Sister Denise Mosier, 66, died and two other Benedictine nuns were critically injured.
At a hearing Friday, Prince William County Circuit Court Judge Lon E. Farris said Martinelly had opted for a non-jury trial on the felony murder charge.
The Bolivian native is expected to plead guilty to other charges, including involuntary manslaughter, two counts of maiming as a result of driving while intoxicated, driving on a suspended or revoked license and a third DWI offense within five years.
“At this point, it’s believed the other charges will be disposed of pursuant to a plea, but details are being worked out,” Farris said.
The judge also ruled that broadcast television cameras can film the plea and opening and closing statements in the trial, but not the testimony itself. Still cameras will be allowed to document the entire hearing.
“This is the first time I will allow [broadcast] cameras in my courtroom,” Farris said. “I understand the high level of interest in this case.”
The Aug. 1 crash sparked an outpouring of support for the Benedictine sisters, well known in the community for operating Linton Hall School, and several charity programs.
The crash also sparked a heated immigration debate.
Authorities say Martinelly is an illegal immigrant from Bolivia, who was in the deportation process when the crash occurred.
He had been convicted of drunken driving twice before, in December 2007 and October 2008, court records show, and had been released by immigration officials while he went through deportation proceedings.
The case led Prince William County to file suit against the Department of Homeland Security seeking information about thousands of illegal immigrants the county has turned over to the department.
In 2007 the Prince William Board of County Supervisors passed an ordinance that requires county police officers to check the immigration status of anyone they arrest.
If police find that they have arrested someone who is in the country illegally, they turn that person over to the department for deportation.
To date the county has turned over more than 4,000 people to DHS, according to a county press release.
After the crash, the Benedictine sisters asked for prayers for all involved in the crash, including Martinelly.
“We are deeply saddened because of our own loss and because of our two sisters who are still in critical condition and are working valiantly to heal,” Sister Glenna Smith said at the time. “We are also very sad for the young man involved. He is very young, only 23 years old, and his life has certainly changed.”
After her death, the Benedictine sisters remembered Mosier as a compassionate woman, who had a gift for dance.
“Sister Denise will be most remembered for her deep faith, her love of life, her interest in people, her passion for justice and peace, and her extraordinary sense of compassion,” Mosier’s obituary said.
In the days following the crash, the Benedictine sisters held an around-the-clock vigil at Inova Fairfax hospital, where the other injured sisters went through several surgeries before being released.
Martinelly was also injured in the crash and was treated at an area hospital. He has been held at the Prince William-Manassas Regional jail since his release from the hospital.
He appeared in court Friday waering a white jumpsuit and sat quietly through the hearing.