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Oregon Road Conditions & Cams Email Story to a Friend November 6, 2004 Supreme Court to consider case from Medford Wire and staff report SALEM — The Oregon Supreme Court is considering whether trial courts must exclude statements by detained foreign nationals if police failed to advise them of their right to help from a consulate. The case stems from a 1999 gunfight between Moises Sanchez-Llamas and Medford police that resulted in the wounding of one officer. Sanchez-Llamas was found guilty in 2001 and sentenced to almost 20 years in prison. He wants his pretrial statements to police suppressed on grounds that he was not told of his right to contact his consulate. Susan Drake, a senior deputy public defender who argued the case Thursday, said the justices should imagine a U.S. citizen arrested abroad. "Who would you talk to?" she asked. "Someone from your own country familiar with the local customs and rules, not a police officer." Sanchez-Llamas fired at two Medford police officers in the early morning hours of Dec. 18, 1999. The officers had responded to a report of a domestic disturbance involving an armed man behind a duplex on South Columbus Avenue. One of the bullets hit Officer Scott Clauson, fracturing his femur. Advertisement Sanchez-Llamas was apprehended within minutes of the shooting. He was informed in English and Spanish of his right to remain silent, that anything he said could be used against him in court, and that he was entitled to a lawyer. He said later, according to a court document, that he understood them to mean "it would be better if I told the truth and everything." A Jackson County judge denied his motion to exclude pretrial statements he made to police, and a jury convicted him. The Court of Appeals upheld the conviction without comment Jan. 7. The 2003 Legislature considered a bill to require police to inform foreign nationals of their right to consular access. But the version that became law required police only to learn about the requirement while training at the public safety academy. There is no legal liability for police omitting it. "It’s almost an in-your-face response," Drake said. "They say if we don’t comply, that’s too bad — and to me, that’s not an adequate remedy." Williams said the matter should rest with the federal government, and she seemed to win support from at least one justice. "You’re asking a state court to use a remedy to enforce an international agreement, the maintenance of which is the responsibility of the executive branch of the federal government," Justice Michael Gillette told Drake. The issue has been considered in other states and internationally. Earlier this year, the International Court of Justice in The Hague, Netherlands, ruled the United States violated the rights of 51 Mexican citizens being held on death row in U.S. prisons because they were not informed when arrested that they could receive help from the Mexican government. Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Reviews Student Loans tcg student loan consolidation Online Pharmacy online casino Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Reservationstogo Hotel Reservations Southern Oregon Loans Online Casino News Natto Kinase Nattokinase Casino Gambling Sites Budget Website Templates Investments & Loans Advertisement s