Jose Antonio Zuniga Rodriguez is not playing dumb in Presumed Innocent.
An unconvincing conviction
By Don Simpson
Directed by Roberto Hernandez and Geoffrey Smith, Presumed Guilty (which is kind of a sequel to Hernandez’s 20-minute documentary, El Túnel) bombards us with staggering facts about the Mexican judicial system: 93 percent of defendants never see a judge; 93 percent of inmates are never shown their arrest warrant; 95 percent of verdicts are guilty; 92 percent of verdicts are based on no physical evidence; police officers are rewarded for the amount of arrests they make; and any court official can preside over court hearings (not just judges).
Presumed Guilty focuses specifically on the case of Jose Antonio Zuniga Rodriguez (a.k.a. “Tono”), whom we first see break-dancing in prison. In 2005, Tono was incarcerated; accused of killing someone he did not even know and who was never linked to him in any way. At the time of his arrest, Tono had no idea regarding what the case was about or why he was accused. He also had no idea of what his rights were; Tono was told repeatedly by the arresting officer: “You did it and don’t play dumb.”
But, on the day of the murder, Tono was working at his market stand where he sold video games and fixed computers from 10 a.m. to 6 p.m. There are countless witnesses that can attest to his whereabouts, but those witnesses were never questioned by the police or prosecutors. Tono was sentenced for 20 years in prison, despite the fact that the prosecutor never proved that Tono fired a gun (his gunpowder test was negative).
Tono believed that his arrest was fate. He had recorded a gangster rap-styled music video (Tono also provides the soundtrack for Presumed Guilty) about murdering someone in cold blood (the song turned out to be a premonition – could this song be the reason Tono was targeted by the police?). Also, a week before he was arrested for homicide, Tono found himself heartbroken (we’re not sure why) and he prayed to God: “Kill me or put me in jail. Do as you will but take me away” – his prayers were answered by big brother (the Mexican police) rather than God.
Tono resides in a small prison cell with 20 other inmates -- all young men, most of whom are presumably innocent. He sleeps in “the tomb” -- a cramped space located under a bunk bed on the cold concrete floor. Tono’s girlfriend must work in order for Tono to survive in prison (78 percent of inmates are fed by their families); she faithfully delivers food to Tono, despite exposing herself to recurring sexual misconduct by some of the prison guards (they repeatedly lift her shirt and feel her up).
Upon researching Tono’s case, the filmmakers discover that Tono’s lawyer was not adequately licensed -- which, luckily for Tono, proves to be adequate grounds for a retrial (but Tono has to wait an additional three months for the retrial to occur). The retrial will be in front of same judge, but this time the trial would be videotaped by Hernandez and Smith. A respected and qualified attorney, Rafael Heredia, agrees to work pro bono as Tono’s Defense Attorney.
One of three selections of LAFF's Documenting Mexico picks, Presumed Guilty is by no means an easy film to watch with content that is simultaneously frustrating and heartbreaking. Nonetheless, Hernandez and Smith do a tremendous job with the material, conveying it flawlessly in a straightforward and easy to understand manner. Most importantly, Tono’s innocence is proved beyond a shadow of a doubt. The question remains: is the film convincing enough for the Mexican judicial system to release Tono? (If the answer to that question is yes, I can not think of clearer proof of a documentary’s success.)
Recommended.
(Presumed Guilty screens June 25, 7:45 p.m., Regal Cinemas; June 26, 1:45 p.m., Regal Cinemas)
