A Marine accused of the illegal possession of firearms in Mexico could return to the U.S. within the month, according to his attorney.
Fernando Benítez, an attorney for Sgt. Andrew Tahmooressi, said Tuesday that his client’s constitutional and civil rights were violated.
Benítez said the search of his client’s vehicle where the guns were found was tainted, illegal and cannot be used in the case.
“We have enough [evidence] but it’s not ironclad,” Benítez said. “We have a more-than-average chance of succeeding.”
Benítez said he and his team are gathering evidence and will file a rare motion of mistrial sometime next week. The court then has 10 days to hold the hearing , and three days to release a ruling. If the motion succeeds, Tahmooressi will be freed and be able to return to the U.S..
The case against him, however, is not over, Benítez stressed. Under Mexican law, the prosecutor has six days after a mistrial is declared to fix any “deficiencies” in the case.
Previous attorneys for Tahmooressi, 25, missed the window to file a motion for dismissal, Benítez said.
“Under Mexican law, the first six days [after an arrest] are crucial,” he said. Had the issue of the illegal search been introduced into evidence, there would not have been an order to stand trial, Benítez said.
Even if the motion fails, this would give the defense standings to appeal on constitutional grounds, he said.
Tahmooressi was arrested on April 1 when he mistakenly entered Mexico with his U.S-registered guns. If convicted, he could face up to 21 years in prison.
