Mexican and American Officials Fail To Investigate Death

http://Mediafilter.org/guest/Pages/January.09.1997.19.08.21

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  • This Event Happened in Tijuana, Mexico
    tburkett.clark.net.


  • By Terri Kelly, Mother of Patrick Sean Kelly My son disappeared from the USC campus on the morning of May 4. He was reported missing to the Los Angeles Police Department (LAPD)by campus security and myself on May 7. The LAPD were of little to no help. They didn't interview his friends; they didn't check his room at the University. In fact, the only thing they did was put his car on the NCIC list. I discovered on May 7th through my son's bank that there were ATM transactions in Mexico on the weekend he disappeared. The bank wouldn't tell me where in Mexico, however, without a court order. I asked the LAPD to get the information and they refused. My son was a Canadian citizen, a permanent resident of California. I therefore also reported my son missing to the Canadian Embassies in Mexico and to Canada's Department of Foreign Affairs in Ottawa. During the weeks of searching, I never heard back from either one of them. On May 12th I hired Investigative Resources out of Long Beach,California. On May 15th I traveled from Edmonton, Alberta, Canada, to Los Angeles to look for Patrick myself. When I was in Los Angeles, I was finally able to convince the bank to provide information on exactly what cities the ATM transactions were from. On May 17th, I learned that one transaction was in San Clemente and the others were in Tijuana,Mexico. On May 18th we located a videotape of my son at a 7-11 in San Clemente. There was another person in the store at the time who was either with my son or at the very least, interested in my son. He tried at several points to communicate with Patrick and eventually followed him out of the store. We have some leads on who this second person may be but to-date have received no help from U.S. or Canadian authorities in locating this person. On May 20th, Doug Roth of Investigative Resources located my son's car at a parking lot on the U.S. side of the border in San Ysidro. My son's car had supposedly been parked there on May 4th. However, from there the mystery only deepened. The parking lot has 24-hour surveillance cameras. The video tape from a four-hour period, the time period my son's car was parked, cannot be located. Additionally, the car logs show that someone paid the accumulated fees and removed my son's car from the parking lot on May 15th several days after my son was dead and returned the car to the lot 24 hours later. However, the car lot video tapes don't show his car moving during those two days. There was fresh damage to his car, and whoever last drove the car was several inches shorter than my son. His car was locked and had a security bar across the steering wheel. Whoever took his car had to know the location of the car and had to have the keys. On May 25th, Roth found my son's body in a Tijuana morgue under the false name Luis Rodriguez. All of his possessions his ATM card, his Canadian passport, his car keys, his clothing were missing. We have never been able to get a satisfactory explanation as to why he was called Luis Rodriguez. We were given half-a-dozen different stories about how he died. He was either hit by a car, was a passenger on a motorcycle which struck a pedestrian and was then thrown into the path of an on-coming car, he was a passenger on a motorcycle which hit a pothole and was thrown off the motorcycle, he was a pedestrian hit by a motorcycle. All of the documents we were provided from the Municipal Police, the Fire and Rescue squads, the hospital and the morgue conflicted with each other on such basic issues as his physical description, his age, his name, how he came to be there, etc. We were given three different causes of death -- head trauma, multiple trauma,septic shock. After transporting my son's body back to Los Angeles, I attempted to get the L.A. Coroner to conduct an autopsy on my son. They refused. They said it was no longer their case since he was no longer missing. They said it was not their jurisdiction. I finally paid for a private autopsy which concluded that my son did not die as the result of a motor vehicle accident as claimed by the Mexican authorities. The Canadian Government was finally forced by public pressure into asking the Government of Mexico for an investigation. None has occurred to-date and the Canadians continue to insist there's nothing they can do. After much pressure, the LAPD finally agreed to do limited forensics work on my son's car and discovered what they said is "probably" blood spatters on the driver's side door. However, they refuse to test that blood to see if it is my son's. They claim they have no jurisdiction since my son's body was discovered in Tijuana. There is no evidence that my son's car ever left the State of California, yet they refuse to investigate the theft of his car from a California parking lot after my son was already dead. The LAPD advised me that only the bank could request an investigation into the banking activity. At least three of the transactions-those that wiped out my son's bank account-occurred after he was already lying comatose in a Tijuana hospital. The bank advised me that only a law enforcement agency can request such an investigation. Again,nobody is prepared to investigate what happened to my son's bank account. The L.A. Coroner's office finally agreed to conduct a private autopsy if I would pay for it. I just received the results this week. That autopsy said my son's injuries could have been caused by a motor vehicle accident but without accompanying accident scene reports, they couldn't be definitive. However, the autopsy also stated that results found in the Mexican autopsy were inaccurate. My son did not have a ruptured spleen, his ribs were not broken, his skull was not fractured,he did not die of septic shock, he did not die of a subdural hematoma. In fact, the L.A. coroner agreed with the private autopsy that none of my son's injuries were fatal. I still don't know what in fact killed him. Mexico's National Human Rights Commission agreed to look into the case. They concluded that there was no investigation into my son's death,there was no "accident" scene investigation, there was no conclusive evidence that "Luis Rodriguez" was the same person as my son and that evidence was not preserved. They recommended a complete investigation be undertaken and that the police officers involved be administratively and perhaps "penally" disciplined. Since that report was issued,the author of the report has been appointed as Mexico's new Attorney General. To my knowledge, nothing has happened with the report's recommendations. At one point I was advised by an LAPD officer that I wouldn't receive any official assistance because of NAFTA. I suspect that is in fact at least part of the problem. Our governments are not prepared to upset a U.S./Canadian trading partner over the life of a 22-year with no political or economic importance.


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