Attorney Oscar Selgado is the first attorney in modern memory to ever be sent to jail - and it's not for any minor offence: he was convicted of abetment to commit murder and sentenced to 10 years.
That's a far fall from grace for this former officer of the court. But, he's working hard to overturn that conviction - and today in the Court of Appeal his attorneys Arthur Saldivar and Darrell Bradley did their best to convince the panel of judges. Jules Vasquez was in court:
After serving more than one year of his ten year term, a visibly lighter Oscar Selgado came to the court of Appeal today in a t-shirt, a far cry from the robe and barrister bands that he once wore in these courts. Attorneys Arthur Saldvivar and Darrell Bradley appeared before the panel of judges to set aside his conviction while the DPP appeared herself to enforce it.
After three hours of arguments, outside the court, Saldivar was optimistic:
Arthur Saldivar, Attorney
"Well, I believe it went well. The ultimate decider will be when the results come back. When the decisions come back. Court is deliberating, and reserved their judgment. But I think it went well."
Jules Vasquez
"Okay, now we know it was a difficult case for the prosecution at the High Court because the most the central piece of evidence was missing. And that's that particular recording. What do you see as the vulnerabilities of the conviction which you raised at this court today?"
Arthur Saldivar, Attorney
"Well, just not, there were instances where those files could have been recovered. They weren't."
Reporter
"You're also arguing that there were many instances where everything was prejudicial against your client."
Arthur Saldivar, Attorney
"Yes."
"And things that came out at trial, I mean, this whole issue of his orientation. Okay. And, files going missing at the ombudsman's office. Those were made a part of the trial before the decision was rendered. Those were clouds hanging over his head. To which he had no ability to defend. But they were there. And to say that it didn't play a role in the decision being made. Man. We are human beings, whether we are lawyers, doctors, policemen or regular persons on the street. We're human beings. And when you hear certain things, you have to formulate an opinion. And trust me, when you hear of that situation that involves orientation with a little boy. No man, that's not good."
Reporter
"Why did you say that Mr. Salgado did not have an opportunity to defend himself against all the claims that Giovanni Ramirez made?"
Arthur Saldivar, Attorney
"Because he made a claim about the whole issue of pedophilia in his statement. He made a claim about being told the files were stolen. So you're basically saying he's a pedophile and a thief, But he cannot answer to those things. He was never charged with those things. Then to make it seem as if he is John Wayne, Gacy or Jeffrey Dahmer and has so many bodies under his belt that he would be one who can be credibly taken to kill somebody. And a street figure like Ramirez was scared of him?"
At the end of the day, the judges reserved their decision for a date to be announced. So
Selgado - now 56 - left the court once again in handcuffs:
Jules Vasquez
"I know that he's the first lawyer that we've known of to ever be locked up, be convicted and imprisoned."
"How is his health? And why are you all taking up his case? Is it because of that collegiality?"
Arthur Saldivar, Attorney
"No. Listen. Yes, he is a colleague that goes without saying. He's a member of the bar. But as with any citizen who has been wronged and who, it can be seen that there's a level of unfairness in the way they were tried, this is the reason why we come. We come to ensure that justice is given a chance to be served."
Jules Vasquez
"Is this a pro bono matter you are undertaking for a fallen colleague?"
Arthur Saldivar, Attorney
"Yes, it is, and I've been known to work pro bono. So, that's not an issue. That's not new."
"His health is not good. He has been systematically placed in the hole for no reason at all. And it seems that there is some personal issue at the prison."
"I don't know if it's because of who he is as a professional. But every time that we've been made to go there, he has to be taken from the hole. And that's not good. I mean, this is not a person where there's any kind of problems. I mean, he's not that kind of a person, but why he's in the hole all the time, I don't know."
Reporter
"Will he be willing to go all the way to the CCJ?"
Arthur Saldivar, Attorney
"If we need to. Listen, I will hope and pray as I know Mr. Selgado is also and my friends, That this is where it stops."
We'll let you know when the decision is handed down.
