AIDS Institute trial press 05/06/99
Kouri trial 05/07/99
Second article
Jury told to disregard M.D. testimony until cross-examination
By MARTY GERARD DELFIN
of the STAR Staff
Federal Judge Jose A. Fuste instructed the jury in the San Juan AIDS Institute trial Wednesday that it cannot consider the testimony of Dr. Gloria Ornellas Hall until there can be a cross-examination of the witness.
Defense lawyers left open the possibility of traveling again to Mexico to finish examining Ornellas on behalf of former institute coordinator Yamil Kouri.
Ornellas, who was also indicted in the case, broke off her testimony through a videoconference call from Mexico City, reportedly on the advice of her lawyers.
Her refusal left the defense hanging on what to do to ensure that her testimony is considered by jurors.
It's not clear whether Yamil Kourl's lawyers Benny Frankie Cerezo and Charles Daniels and the prosecution will travel to Mexico again to finish examining Ornellas. That option was brought up during a sidebar meeting with Fuste at his bench.
Both Cerezo and Daniels returned from Mexico on Tuesday but only Cerezo was in the courtroom. Daniels apparently became sick but refused to go to hospital, Cerezo told the judge.
Cerezo said that the witness is willing to continue testifying.
However, the judge said that no documents from Ornellas' lawyers or from the Mexican
government were presented to him to help him make a determination on the witness' testimony.
The lawyer also explained to the judge how Ornellas only learned on Sunday when they handed her a copy of the indictment charges in her in the case.
"We gave her the indictment and she said, 'What's this?... Cerezo related.
Fuste said he thought it was "incredible" that Ornellas had just found out the day before she was set to testify through a videoconference call.
Originally handed down on Feb. 12, the indictment against Ornellas for conspiracy was unsealed on April 19.
Cerezo tried to explain to the judge that Ornellas didn't know what an indictment exactly was because the terminology wasn't the same in Spanish. But Fuste said that the Spanish word "charged" was the same in Mexico as it was in Puerto Rico.
Ornellas has declined to step in U.S. jurisdiction because she feared she would be arrested.
Through a television monitor on Monday, Ornellas renounced her right to remain silent after the judge asked her whether she knew that her testimony could be held against her.
Fuste also touched on the issue of obtaining the proper visas from Mexican officials, which Cerezo and co-counsel Charles Daniels didn't apply for when they left for Mexico City last week.
Oliver Ferres, Mexican consul in San Juan, said that only the prosecutors obtained permission from the government to conduct business in that country.
Internet Links...
The San Juan Star
The Associated Press
Pacientes de SIDA pro Política Sana
Send e-mail to [email protected]
Copyright © 2000 Pacientes de SIDA pro Política Sana.
Page created 19 January 2000. Last updated 19 January 2000 at 5:27 AM.
Produced with Webford 2.01.