And while Lisbey is expected to be arraigned tomorrow, attorney Oscar Selgado was in court today for his sentencing hearing.
He's been in jail since March eighth and today during mitigation pleas before Justice Nigel Pilgrim - when witnesses were being called to speak about why he should not be given a stiff sentence - Selgado seemed faint, right there in the witness box. His attorney explained that it happened in the middle of the mitigation:
Arthur Saldivar, Selgado's Attorney
"So that process started. And unfortunately, during that situation, Mr. Selgado experienced some complications as a result of his medical condition."
Jules Vasquez
"Your client had the equivalent of a fainting spell in court this morning. Was this due to anxiety or was it due to hypoglycemia? What? What? Do you know what the trigger was?"
Arthur Saldivar, Selgado's Attorney
"It may be a combination of all those factors, Jules. Again, we cannot dispel the fact that he is ill. And certainly this is not a position that he is used to. He has, HE is not a career criminal. He has not been coming to court in and facing these kinds of pressures prior to now. So given that situation, it is expected that he would be experiencing some ill effects of having to go through this process, apart from the fact that he is a diabetic."
Jules Vasquez
"He detailed the excruciating situation he faces in prison. He says he was recently put in "the hole" with no ventilation, just a single door, and it has adversely affected his health."
Arthur Saldivar, Selgado's Attorney
"Well he is an ordinary person, there's nothing superhuman about an attorney, and he is an ordinary person with medical, serious medical frailties and conditions."
"And certainly there's no special treatment being given to him. He's been convicted of a serious offense. We know this. And like any person, as any person would, he has to go through this process. I do believe that the prison for what he is said to have done acted extreme, to say the least. A phone call does not warrant a trip to solitary confinement. He was not threatening anybody. He was not making himself a menace. He was simply querying as to whether or not his removal order was properly processed for him to be here today. So I am urging the prison and the prison authorities who I understand, have a job to do to at least be a little bit more reasonable and rational with all their inmates, but in particular with those who have conditions like Mr. Salgado."
"That said, the court may not be apprized fully and understand fully. So we are in the process of bringing a doctor to give the court the benefit of expert testimony as to what could be expected and why it is that the facilities are Kolbe is not adequate for a person in Mr. Salgado's condition."
"And I want to say this again. It's not that I'm advocating for special treatment for Mr. Salgado. It's not that I'm saying that the offense for which he's convicted is not serious, but I'm saying that a part of sentencing has to do with rehabilitation, reformation. Mr. Salgado has the real prospect of losing his livelihood, which is a very grave, a punishment in itself."
"We hope that we are able to move forward on Friday and get this behind us and look to the next phase. But I'm saying that I also reiterate the fact that we must look at Mr. Salgado not for any special reason, because of who he is as a person, as an attorney, but because of his condition and because of the fact, really, that, yes, Ms.. Barnes was the target of some requests that he made for which he was convicted of. But the truth of the matter is, Ms Barnes is still walking here among us. There's no there's no threat against her at this point. And I sympathize with the fact that in a weak moment, he may have done something very stupid that was criminal and he is being punished for it."
Selgado said that during his time in solitary he was having a stroke - and the only medic available was a fellow inmate. And the reason he was in solitary? He says he used a jailhouse burner phone to call the court to find out about the schedule for his sentencing. Justice Pilgrim said he is going to have to hear from someone on the medical management of Selgado's diabetes.
One of the character witnesses for Selgado at today's mitigation hearing was former Chief Magistrate Sharon Fraser:
Arthur Saldivar, Selgado's Attorney
"She spoke as only she can about the challenges of diabetes and why it is from her expert and knowledgeable point of view, the prison would not be the best place for Oscar Selgado. We must remember, apart from being the former chief magistrate of this country, Mr. Fraser sat on the parole board at Kolbe for quite a number of years. So she is intimately in tune and knowledgeable about the conditions of the prison and its capabilities."
Reporter
"And then Frank Salgado."
Arthur Saldivar, Selgado's Attorney
"Well, Frank Salgado is Mr. Salgado's older brother. He spoke again about their growing up, the challenges that they faced, the fact that he was not born with a gold spoon. He actually worked hard to get to where he was. And as I said, he stumbled. And to err is human and sometimes when you err legally, you suffer legal consequences. And this is basically what's going on now."
The mitigation hearing has been adjourned until Friday morning at 09:30.
