County prosecutor declines to exonerate brothers detained by ICE – Athens County Independent

Report on the Legal Proceedings of Gregory and Victor Laverde Laguna in Athens County, Ohio

Executive Summary

This report details the legal case of two brothers, Gregory and Victor Laverde Laguna, asylum seekers from Colombia and Venezuela, who were arrested in Athens County, Ohio. The case highlights significant challenges at the intersection of local criminal justice and federal immigration enforcement, directly impacting several United Nations Sustainable Development Goals (SDGs). Specifically, the proceedings raise critical questions concerning SDG 16 (Peace, Justice and Strong Institutions) regarding access to justice and institutional accountability, and SDG 10 (Reduced Inequalities) by underscoring the vulnerabilities of migrants and persons with disabilities within the legal system.

Case Background and Procedural Developments

Arrest and Criminal Charges

Gregory Javier Laverde Laguna and Victor Laverde Laguna were arrested in late September as part of a law enforcement sting operation targeting an alleged extortion scheme. Defense attorneys contend the brothers were unknowingly involved, having responded to a job advertisement on Facebook. Their vulnerability is compounded by several factors relevant to SDG 10, including:

• They do not speak English.
• Gregory Laverde Laguna has Down syndrome.
• As asylum seekers, they are in a precarious legal and economic position.

Transfer to Federal Immigration Custody

On October 29, local officials transferred the brothers to the custody of U.S. Immigration and Customs Enforcement (ICE) based on immigration detainers issued on September 24. This action was taken despite a court order holding the brothers on bond. The transfer raises concerns about the coordination and accountability of justice institutions, a key component of SDG 16.6 (Develop effective, accountable and transparent institutions). The brothers are currently held at the Butler County Correctional Complex.

Analysis of Legal Proceedings in Relation to Sustainable Development Goals

SDG 16: Peace, Justice and Strong Institutions

The core of the legal conflict revolves around the prosecutor’s motion to dismiss the local criminal charges, which directly implicates the principles of SDG 16, particularly Target 16.3 (Promote the rule of law and ensure equal access to justice for all).

1. Motion to Dismiss: The Athens County Prosecutor’s Office initially filed a motion to dismiss the cases “with prejudice,” which would prevent future charges on the same matter. This was later amended to a dismissal “without prejudice” following comments from the presiding judge, which would allow the state to refile charges.
2. Access to Justice and Fair Outcomes: Defense attorneys argue that a dismissal “without prejudice” and without a clear statement of exoneration jeopardizes the brothers’ asylum cases. This could lead to their deportation without an opportunity to defend themselves against the original criminal allegations, undermining the goal of equal access to justice.
3. Institutional Accountability: The defense has called on the prosecutor’s office to exonerate the brothers, arguing that evidence shows their innocence. The office’s refusal to do so, while simultaneously seeking dismissal due to a referral to the FBI, brings the transparency and accountability of the institution into question (SDG 16.6).

SDG 10: Reduced Inequalities

The case serves as a stark example of the challenges faced by vulnerable populations, a central concern of SDG 10 (Reduced Inequalities).

• Vulnerability and Inclusion (Target 10.2): The defendants’ status as non-English speaking asylum seekers, one of whom has a developmental disability, places them at a significant disadvantage within the justice system. The proceedings highlight the need for legal frameworks that protect and empower such individuals to ensure their full inclusion and participation.
• Equality of Outcome (Target 10.3): The potential for the brothers to be deported based on dismissed, but not exonerated, criminal charges illustrates a potential inequality of outcome. Their immigration status makes the consequences of the local legal proceedings far more severe than for a U.S. citizen in a similar situation.
• Migration and Mobility (Target 10.7): The case demonstrates the complexities faced by migrants navigating intersecting legal systems. The lack of clear resolution in the criminal case directly threatens the brothers’ ability to pursue a safe and orderly asylum process, a key aspect of well-managed migration policies.

Current Status and Community Response

Judicial and Immigration Outlook

As of the latest report, Athens County Court of Common Pleas Judge Patrick Lang is expected to rule on the amended motion to dismiss. Following the status conference, the brothers were returned to ICE custody. They have immigration court hearings scheduled in Cleveland. The outcome of the local case will significantly influence these federal proceedings.

Public Engagement

Approximately 30 community members attended the November 12 status conference in a show of support for the Laverde Laguna brothers. This public attendance demonstrates community engagement with the principles of justice and fairness, reflecting a societal commitment to the values underpinning SDG 16. Attendees expressed a desire to ensure the brothers receive fair treatment and to stand against what they perceive as potential injustice toward immigrants.

Analysis of Sustainable Development Goals in the Article

SDG 16: Peace, Justice and Strong Institutions

• The article is centered on a legal case, directly involving the justice system (court, judge, prosecutor, defense attorneys). It explores issues of due process, the right to a fair defense, and the accountability of legal institutions. The core conflict over dismissing the case “with prejudice” versus “without prejudice” is a matter of legal procedure and its impact on justice for the individuals involved. The transfer of the brothers to ICE custody by local officials, potentially in contrast to court orders, also raises questions about the rule of law and institutional accountability.

SDG 10: Reduced Inequalities

• The case highlights the vulnerabilities of specific groups. The Laverde Laguna brothers are migrants, asylum seekers, non-English speakers, and one brother has Down syndrome. These factors place them at a disadvantage within the justice and immigration systems. The defense attorneys’ arguments emphasize how a standard legal procedure could lead to a disproportionately negative and unjust outcome for them, specifically jeopardizing their asylum case and leading to potential deportation. This connects directly to reducing inequalities based on origin, disability, and migrant status.

Identified SDG Targets

Targets under SDG 16: Peace, Justice and Strong Institutions

1. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • The entire article revolves around the brothers’ access to the justice system. Their defense attorneys are fighting to ensure the legal process does not unfairly harm their separate immigration case. The debate over the terms of the dismissal (“with prejudice” to allow for expungement vs. “without prejudice”) is a direct effort to secure a just outcome and protect their rights.
2. Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • The article questions the accountability of the Athens County Prosecutor’s Office. The defense attorneys call on the prosecutor to “do the right thing” and exonerate the brothers, suggesting the institution is unwilling to “admit they screwed up.” The presence of the public in the courtroom is a call for transparency and public accountability of the justice system.

Targets under SDG 10: Reduced Inequalities

1. Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.
   • The case involves individuals with multiple intersecting vulnerabilities: they are migrants, asylum seekers, non-English speakers, and one has a developmental disability (Down syndrome). The defense’s argument that Gregory Laverde Laguna could not have knowingly committed the offense due to his disability is a clear example of advocating for the rights and specific circumstances of a person with disabilities within the legal system.
2. Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
   • The article details the complex and problematic interaction between the local criminal justice system and federal immigration enforcement (ICE). The local officials’ decision to hand the brothers over to ICE based on “detainers,” which are non-mandatory requests, and the potential conflict with a judge’s order, illustrates a breakdown in the orderly management of policies affecting migrants and asylum seekers.

Implied Indicators for Measuring Progress

Indicators for SDG 16 Targets

• For Target 16.3 (Access to Justice): The article implies the use of indicators such as the provision of legal representation to vulnerable individuals, as seen with the appointment of public defenders and defense attorneys for the brothers. The final court ruling on whether the dismissal is “with prejudice” or “without prejudice” serves as a qualitative indicator of whether a just outcome that considers the defendants’ unique circumstances was achieved.
• For Target 16.6 (Accountable Institutions): The prosecutor’s response to requests for exoneration is an implied indicator of institutional accountability. The article notes the prosecutor “did not comply with the request to exonerate the brothers,” indicating a lack of accountability in this specific instance. The presence of community members and media in the courtroom acts as an informal indicator of public oversight and demand for transparency.

Indicators for SDG 10 Targets

• For Target 10.2 (Inclusion): An implied indicator is whether the justice system makes accommodations for or considers the specific vulnerabilities of the defendants. The defense attorney’s argument regarding Gregory’s Down syndrome is an attempt to have his disability considered as a central factor in the case, and the court’s response would measure the system’s inclusiveness.
• For Target 10.7 (Migration Policies): The article points to the handling of ICE detainers by local authorities as a specific, measurable practice. Whether local law enforcement honors these non-mandatory requests, especially when they may conflict with court orders, can be used as an indicator of how migration policies are implemented at the local level and their impact on the safety and rights of migrants.

Summary of Findings: SDGs, Targets, and Indicators

Source: athensindependent.com