Florence Cassez, once more to Mexico's Supreme Court

Appeal of convicted French national serving 60 year sentence for kidnapping will be considered again

Jan. 23 - Mexican Supreme Court orders immediate unconditional liberty for Florence Cassez

*Updated Jan. 23*
Guadalajara -
Mexico's highest appellate tribunal, the Supreme Judicial Court, announced today it will rehear arguments in the long running Florence Cassez legal drama on Jan. 23.

The 38 year old Cassez, a French citizen, is serving a 60 year prison sentence for kidnapping and other crimes. Mexican prosecutors say she and her former boyfriend were the leaders of a vicious gang known as Los Zodiaco (the Zodiacs), which held numerous victims for ransom in the mid-2000s. Cassez' conviction has been upheld by several lower courts. On Mar. 21 a five judge panel of the Supreme Court did likewise, but in a split decision which reflected strong disagreement among the judges. The court will now reconsider the matter.

L'affaire Cassez, which perhaps gives new meaning to the term cause célèbre, has been a continuing legal headache for Mexico as well as a source of severe friction with the nation which once occupied it. Although president Enrique Peña Nieto has no control over the outcome of the pending litigation, it's no secret that he would like to see Cassez freed and deported to France, to remove the issue from a plate already brimming with drug war and economic issues. Last October, six weeks before taking office, Peña Nieto lunched with French president François Hollande in Paris, and according to political advisers in both camps the Cassez case was at the top of the menu.

The arguments Cassez' attorneys will present once more to Mexico's Supreme Court are technical, and have nothing to do with the evidence amassed against her. First, 24 hours after she was detained federal police staged a "re-arrest" of Cassez and her boyfriend, and put on a full scale media show for local reporters whom they had tipped off to their big bust of Los Zodiaco. That prevented Cassez from promptly being brought before a judicial officer, in accord with Mexican law. Second, French consular officials were not timely notified of her arrest. The latter was a violation of long extant treaties between Mexico and France, as well as established international law principles.

The bone of contention is that neither legal violation had relevance to the ultimate question of guilt or innocence. Judges who considered the case found the evidence against her substantial, pointing out the testimony of some victims who, although blindfolded during their captivity, swore they recognized Cassez' heavy French accent when she addressed them in Spanish. Not surprisingly, her attorneys have downplayed the damaging facts in the case and focused instead on purely legal arguments.

Cassez has a strong ally in one of the justices of the court. Minister Olga Sánchez Cordero argued vigorously last year that the violation of Cassez' consular rights entitles her to immediate freedom, irrespective of the evidence of her guilt. That position failed to muster enough votes in March, but the same argument may prove successful the second time around, as all the judges grow weary of the contentious and divisive litigation.

Public opinion polls show the Mexican public overwhelmingly believes Cassez is guilty, and does not support her bid for release. In a country where drug cartels and organized crime regularly rely upon kidnappings, many of which result in the victim's death, a decision to grant Cassez' pending petition for amparo - a cousin of the Anglo-American habeas corpus - is sure to be unpopular with millions.

Jan. 11 - MGRR agrees with this opinion in today's El Universal: Au Revoir, Florence Cassez. It suggests that on one legal ground or another she'll soon be freed. Time to book Air France nonstop to Paris, where Cassez will get a grand welcome after sipping wine and nibbling hors-d'oeuvre in route.

Jan. 13 - Cassez' Mexican defense attorney says he's cautiously optimistic about the outcome of his client's upcoming hearing before the Supreme Court.

Jan. 14 - France's Foreign Minister said today that his country "trusts Mexico's independent justice system," and will respect the ultimate decision of the Supreme Court, whatever it is. But he added, "we remain fully committed to Florence Cassez." The latter is an unambiguous telegraph to Mexico.

Jan. 23 - Mexican Supreme Court orders immediate unconditional liberty for Florence Cassez

Dec. 8, 2005 didn't go as planned for Cassez. She's been in continuous federal custody ever since.

June 11 - Supreme Court will again review Cassez case, under continuing pressure from France
Mar. 22 - Blind Mexican justice - but for everyone?
Mar. 21 - Supreme Court splits on the legal issues, but upholds 60 year sentence of Florence Cassez
Mar. 13 - Raging Cassez debate spotlights Mexico's unique emphasis on crime victims' rights
Mar. 8 - Controversy flares in Florence Cassez case

Minister Olga Sánchez Cordero led the legal charge to free Cassez on diplomatic technicalities