Legal professionals for 2 males convicted of human smuggling costs by a Minnesota jury after a household from India froze to demise in Manitoba whereas attempting to stroll throughout the Canada-U.S. border in 2022 are asking for his or her purchasers to both be acquitted within the case or get a brand new trial.
Harshkumar Patel and Steve Shand’s attorneys made these arguments in separate motions filed in United States District Courtroom in Minnesota on Friday.
Patel, an Indian nationwide arrested in Chicago, and Shand of Florida have been every discovered responsible on all 4 counts they confronted associated to bringing unauthorized folks into the U.S., transporting them and cashing in on it after a trial in Fergus Falls, Minn., in November.
That trial got here nearly three years after 4 members of the Patel household (who weren’t associated to Harshkumar Patel) died whereas attempting to stroll throughout the border.
The frozen our bodies of Jagdish Patel, 39, his spouse, Vaishali, 37, their 11-year-old daughter, Vihangi, and their three-year-old son, Dharmik, have been present in a snow-drifted Manitoba subject about 12 metres from the U.S. border on Jan. 19, 2022.
The temperature that day was –23 C, however the wind chill made it really feel just like the –35 to –38 vary.
Shand was arrested close to the border across the identical time with different Indian nationals within the van he was driving. Harshkumar Patel, who prosecutors stated co-ordinated the smuggling and employed Shand, was arrested in Chicago in February 2024.
Patel’s attorneys argued he was wrongfully accused within the case, whereas Shand’s described their shopper as an unsuspecting cab driver duped by Patel into shuttling migrants into the U.S. after they walked throughout the worldwide border illegally.
Patel’s attorneys argued of their movement for acquittal that their shopper was convicted “on account of errors dedicated by this court docket which prejudiced the defendant,” and known as the proof introduced to the jury “woefully poor.”
The movement argues Patel is entitled to the acquittals below a federal felony process rule “as a result of the federal government did not current ample proof from which a rational trier of truth might discover past an inexpensive doubt” that he did what was alleged.
WATCH | 2 males discovered responsible in human smuggling trial after household died close to Manitoba-U.S. border:
A Minnesota jury has discovered two males responsible on all costs associated to human smuggling. The ruling comes after a household from India froze to demise in Manitoba whereas attempting to stroll throughout the Canada-U. S. border. Steve Shand and Harshkumar Patel have every been convicted on 4 counts, together with conspiracy to convey aliens into the U.S.
Patel’s attorneys argue there was no proof introduced that Patel was concerned in a conspiracy with Shand or anybody else, that he knew the folks being transported have been “aliens,” that he knew they have been getting into the U.S. exterior a delegated level of entry or that he knew these folks have been within the nation illegally.
They are saying prosecutors additionally did not show Patel was the individual saved in Shand’s cellphone as “Soiled Harry,” who Shand was involved with throughout the time of the smuggling scheme.
New trial wanted: attorneys
Patel’s attorneys additionally filed a movement requesting a brand new trial within the occasion the court docket refuses to acquit him, “in mild of errors dedicated at trial and within the curiosity of justice.”
That movement argues a brand new trial is required partially as a result of the court docket “incorrectly denied” Patel’s earlier movement for his trial to be severed from Shand’s — one thing Patel’s defence stated was wanted as a result of Shand’s complete defence argument rested on pointing the finger at his co-accused.
“Due to the defence technique of his co-defendant, defendant Patel was compelled to face two events attempting to ascertain his guilt — the federal government and co-defendant,” the movement says.
Patel’s attorneys additionally argued prosecutors’ late disclosure of 2019 disciplinary motion towards a U.S. Customs and Border Patrol intelligence agent who testified as a witness for the prosecution impeded Patel’s proper to a good trial.
That disclosure got here simply earlier than jury deliberations within the trial, and after either side had rested their instances — which means the defence did not have an opportunity to cross-examine the agent about how that document affected his credibility.
Patel’s attorneys’ movement for a brand new trial says their shopper additionally “joins in all arguments made by his co-defendant Steven Shand in Shand’s movement for a brand new trial.”
Shand’s attorneys’ movement focuses largely on the prosecution’s delay in disclosing the witness agent’s disciplinary document, arguing they had ample alternative to gather proof and examine the case given how a lot time handed from Shand’s arrest to his trial, but did not disclose the data on time.
That movement alleges the U.S. Legal professional’s workplace has successfully “instituted a coverage” of not asking for such supplies “till the eve of a witness’ testimony in a calculated deliberate try to stay blind to unhealthy acts” and probably exculpatory proof.
Because of this, Shand’s movement additionally requests an evidentiary listening to “so {that a} public document can [be] made” of the federal government’s strategy to gathering these sorts of supplies, or “on the very least” to ascertain a document of how that strategy affected Shand and guarantee there isn’t any additional excellent materials in his case.
The movement argues “the proof introduced at trial, even seen within the mild most beneficial to the federal government or the jury verdict, doesn’t help a discovering of guilt past an inexpensive doubt as to any rely.”
After their convictions in November, sentencing dates for each males have been tentatively set for March.
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