UPDATE: Marine held in Mexico set to tell his story to judge

5/28/2014

The U.S. Marine who has been jailed since accidentally crossing into Mexico nearly two months ago with three registered guns will appear before a judge for the first time Wednesday in Tijuana, where his mother says he is ready to face his accusers.

Sgt. Andrew Tahmooressi has been held in two Mexican prisons since his arrest, one of which he tried to escape after receiving threats, according to his supporters. On Wednesday at 9 a.m. local time, he'll go before a federal judge in Mexico's sixth-largest city. According to his Tijuana-based attorney, Alejandro Osuna, Tahmooressi will be afforded the chance to tell his story to the judge. The Mexican customs agent and soldiers involved in his arrest will also make statements.

"Justice will prevail, but not because of the truth from the other side."

- Jill Tahmooressi, mother of Marine held in Mexico

"I have no confidence in their system," said Tahmooressi's mother, Jill Tahmooressi. "Justice will prevail, but not because of the truth from the other side."

Since his arrest, Andrew has faced death and rape threats, has had his feet and hands shackled and lost weight, according to his mother, who has been able to visit him and speaks with her son by phone several times a week. Speaking from her home in Weston, Fla., the worried mom said her son is relieved that he has the opportunity to state his case in open court and before a judge.

"It's never difficult to tell the truth," Jill Tahmooressi said.

When Andrew Tahmooressi realized that he was entering Mexico with the weapons at the poorly-marked crossing at the San Ysidro checkpoint, Tahmooressi immediately called 911, but was told by American officials that since he was in Mexico there was nothing they could do to help him. One Mexican customs official reportedly was going to accompany Tahmooressi back across the border but was quickly overruled by a soldier.

It is not known if media will be allowed in the federal courtroom at the Paseo de Los Heroes building. The hearing is slated to take place in a small room, with the judge, a court officer, typist, translator, two attorneys and the prosecutor present.

Tahmooressi's attorney, Alejandro Osuna, of Tijuana, said key pieces could begin coming together as the case winds through Mexico's judicial system.

“Andrew said that one of the customs officials offered to escort him back across the border,” Osuna said. “We need to find out what happened at that point."

Osuna said Tahmooressi  will question the officers about things they stated during their testimony, and can also rebut statements if he believes that they are lying.

Key details could emerge from tomorrow's hearing, but Jill Tahmooressi said she expects those testifying against her son to all be on the same page.

"The customs official is already scripting his testimony," said Jill Tahmooressi, who does not plan to attend the hearing in Mexico, out of fear that her outspokenness on behalf of her son could land her in trouble south of the border.

In addition to the testimony, a field expert will be sworn in at the hearing, allowing them to formally begin to prepare their reports.

By his own admission, Tahmooressi acknowledged at the border he had registered weapons and that he had no intention of even entering Mexico. That should have allowed him to turn around, according to U.S. border officials, who told Fox News the entire ordeal could have been stopped with a little discretion and a phone call or two.

Tahmooressi, who fellow Marines described as selfless and disciplined, appears to be in a better frame of mind and ready to appear in court, according to his mother. Wednesday's hearing is the first of several, with subsequent proceedings to involve hearing the 911 tape and bringing court officials to the border crossing.

A State Department spokeswoman said Secretary of State John Kerry raised the issue with Mexican officials, but the Obama administration has said little publicly about the case.

But on the border, there has been a groundswell of public support for Tahmooressi, with a demonstration planned to occur at the border Wednesday.

“Tension is building," said Gina Loudon, of the Patriot Coalition of San Diego County, which organized the demonstration. "Many in the U.S. think it is unjust, un-American, for this brave Marine who fought for our freedom to spend Memorial Day in a Mexican prison.

"This American citizen made an honest mistake," she said. "The border is very confusing, he should be afforded the same courtesy that we have extended to Mexican citizens in similar circumstances. He should be released immediately." 

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