Translation problem doesn’t affect case

Erica D. Johnson

Wednesday, Jan. 8, 2003 | 9:59 a.m.

District Judge Michael Douglas on Tuesday said a translation problem was insufficient reason to throw out charges against a local man accused of killing two teens in a drug deal gone bad.

Defense attorney Pete Christiansen, who represents Nicolas Felix, had filed a pre-trial motion alleging that the statement that one witness initially gave to police was not properly translated from Spanish to English by a Spanish-speaking police officer.

As a result, Christiansen said, defense attorneys could not use the statement to properly cross-examine the witness when he testified at the preliminary hearing.

When appearing in District Court, non-English speakers are assisted by court-appointed interpreters.

Christiansen said the testimony from the witness during the preliminary hearing was different from his statement to police.

"If the statement isn't all translated from Spanish to English completely and accurately, it inhibits defense counsel's ability to fairly and accurately represent the defendant," Christiansen said.

Felix, 20, is charged with seven felony counts, including murder, first-degree kidnapping and conspiracy to commit murder in the deaths of Cleofas Martinez, 17, and Julio Cano, 19.

His trial is scheduled to begin June 2. He faces the death penalty.

Co-defendants Eduvijes Pena, 19, and Manuel Horta, 20, face the same charges and could receive life sentences without the possibility of parole if convicted, said Chief Deputy District Attorney Ed Kane.

Kane said defense attorneys didn't appear to have a problem cross-examining the witness during the preliminary hearing because the cross-examination took about three hours.

The witness in question was Felix's downstairs neighbor. He had said Felix and his co-defendants borrowed from him the tape and rope used to tie up the victims, Kane said.

The witness's testimony was corroborated by the girlfriend of the witness, who said she saw the exchange take place, Kane said.

Douglas denied the motion, saying the state had met its burden of truth, regardless of the botched translation.

"There is nothing to say (Felix) would have been cleared if there had been a correct translation," he said.

Douglas ordered Kane to provide Christiansen with an accurate transcript of the witness's statement prior to trial.

A court-appointed Spanish-speaking interpreter translated Tuesday's proceedings for Felix.

Martinez and Cano were found bound with duct tape on April 22 near Craig Road and Lamb Boulevard. An autopsy revealed the men died as a result of asphyxiation.