Presumed Guilty (film)
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''Presumed Guilty'' ( es, Presunto Culpable) is a documentary following Antonio Zúñiga, who was falsely convicted of murder. It holds the box office record for documentary in Mexico, previously held by
Michael Moore Michael Francis Moore (born April 23, 1954) is an American filmmaker, author and left-wing activist. His works frequently address the topics of globalization and capitalism. Moore won the 2002 Academy Award for Best Documentary Feature for ' ...
's ''
Fahrenheit 911 ''Fahrenheit 9/11'' is a 2004 American documentary film directed, written by, and starring filmmaker, director, political commentator and activist Michael Moore. The film takes a liberal, critical look at the presidency of George W. Bush, the ...
''. According to ''
The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
'', this is "by far the most successful documentary in Mexico's history." The plot of the film is the attempt by two young Mexican attorneys to
exonerate Exoneration occurs when the conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially wh ...
a wrongly convicted man by making a documentary. The film was released theatrically at about the same time the Oscar nominated films such as ''
Black Swan The black swan (''Cygnus atratus'') is a large waterbird, a species of swan which breeds mainly in the southeast and southwest regions of Australia. Within Australia, the black swan is nomadic, with erratic migration patterns dependent upon c ...
'' and ''
The King's Speech ''The King's Speech'' is a 2010 British historical drama film directed by Tom Hooper and written by David Seidler. Colin Firth plays the future King George VI who, to cope with a stammer, sees Lionel Logue, an Australian speech and language ...
'' were being shown on cinema screens in Mexico. It surpassed both of those films at the box office. The film was televised by Televisa on Channel 2 in the fall of 2011.


Plot

Two lawyers struggle to free a man, Antonio Zúñiga, who has been wrongly convicted by the Mexican judicial system. Zúñiga was arrested on charges of murder and convicted largely on the testimony of one man. Zúñiga was told by authorities “You did it and that’s it”. Zúñiga was given the sentence of 20 years in prison for a crime that was impossible for him to have committed. Three witnesses explained that he was at his place of work during the time of which he was accused of murder. However, the man was a close relative of the victim who had no firm evidence against Zúñiga, while the accused produced several witnesses able to place him far from the scene of the crime at the time of the murder. Despite this, Zúñiga was found guilty, and when lawyers Roberto Hernández and Layda Negrete learned about his case, they agreed to help him. Hernández and Negrete cautiously advised Zúñiga, knowing that many case like his had failed before him and they were fearful of providing Zúñiga and his family with too much hope. Before leaving for graduate school in
Berkeley, California Berkeley ( ) is a city on the eastern shore of San Francisco Bay in northern Alameda County, California, United States. It is named after the 18th-century Irish bishop and philosopher George Berkeley. It borders the cities of Oakland and Emer ...
, Hernández and Negrete advised the family to go public with this case - they felt it was their best shot at pressuring the Mexican judicial system to admit their error and free Zúñiga. After it was revealed that the lawyer appointed to represent Zúñiga did not have a valid license to practice law, authorities reluctantly agreed to a new trial, but with the same judge, Héctor Palomares Medina, presiding. This judge showed little interest in evidence that Zúñiga was falsely convicted. Battling an arrogant judge, uncooperative witnesses and a legal system riddled with corruption, Hernández and Negrete found that it was easy to prove Zúñiga's innocence, but hard to get the authorities to acknowledge this fact. The conviction was finally overturned in 2008 after the filmmakers persuaded appeal judges to watch their film. ''Presumed Guilty'' was a selection at the
2009 Toronto International Film Festival The 34th annual Toronto International Film Festival (TIFF) was held in Toronto, Ontario, Canada between September 10 and September 19, 2009. The opening night gala presented the Charles Darwin biography ''Creation''. ''The Young Victoria'', based ...
. According to the film, in Mexico: * 95% of verdicts are convictions * 92% of those convictions are not based on physical evidence * 78% of inmates are fed by their own families * 93% of inmates are never shown arrest warrants * 93% of defendants never see a judge The story of ''Presumed Guilty'' was made into an episode of the TV series "
P.O.V. ''POV'' (also written ''P.O.V.'') is a Public Broadcasting Service (PBS) public television series which features independent nonfiction films. ''POV'' is an initialism for ''point of view''. ''POV'' is the longest-running showcase on television ...
" that aired on 27 July 2010. It subsequently was nominated for three Emmy awards for "Best Research", "Best Documentary" and "Outstanding Investigative Journalism."


Ban

In February 2011, ''Presumed Guilty'' was released to Mexican audiences and one month later, a judge moved to have the film banned. This action caused the movie to gain unprecedented popularity almost overnight. The distributor said they would continue to show the movie until the order had been formally submitted. The film also spread in the form of unlicensed DVDs. One vendor said he sold 70 copies on a single Saturday, adding that he had only sold that many of other box-office hits over a full week. The order to ban the film was revoked on March 9, 2011 by a higher court based on Article 6 of the
Mexican Constitution The Constitution of Mexico, formally the Political Constitution of the United Mexican States ( es, Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in th ...
which protects the right to free expression.


Life for Zúñiga

At the end of the film, Zúñiga is shown embracing his wife and child in a joyful reunion. However, he was later said to live in fear of retribution for the film.


Participants

* José Antonio Zúñiga Rodríguez, the wrongly convicted man * Eva Gutiérrez (wife of Antonio Zúñiga) * Rafaél Ramirez Heredia (Zuñiga's defense lawyer) * Roberto Hernández (filmmaker/lawyer) * Layda Negrete (filmmaker/lawyer) * Hector Palomares Medina (the judge) * Maricela Guzman (the prosecutor) * Victor Daniel Reyes (witness for the prosecution) * Jose Manuel Ortega Saavedra (Detective)


Production

The film was produced chiefly by Roberto Hernández and Layda Negrete. Hernández and Negrete ( LL.M. 1996, M.P.P. 1998) are candidates for PhDs in
Public Policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
at the
Goldman School of Public Policy The Richard and Rhoda Goldman School of Public Policy, or the Goldman School of Public Policy (GSPP), is a public policy school and one of fourteen schools and colleges at the University of California, Berkeley. Originally named the Graduate Scho ...
at the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
. They are married and have two daughters.


Accolades

''Presumed Guilty'' has received numerous awards and honors, including the following: *Emmy 2010-Outstanding Investigative Journalism *
One World Media One World Media is a non-profit organisation, registered in the UK as a charitable trust. It is based in London. The charities mission is to support strong vibrant and independent media that empowers citizens, promotes justice and contributes to in ...
(London, 2010) - Best Feature Documentary *Documenta Madrid (2010) - Best Documentary Award and Audience Award *
East End Film Festival The East End Film Festival was one of the UK's largest film festivals. It ceased all operations on 4 March 2020. The owner, Alison Poltock, explained that "the push to provide a more mainstream commercial offering is not for us." Founded in 200 ...
(London, 2010) - Best Feature Documentary *
Los Angeles Film Festival The LA Film Festival was an annual film festival that was held in Los Angeles, California, and usually took place in June. It showcased independent, international, feature, documentary and short films, as well as web series, music videos, episod ...
(2010) - Audience Award and Best International Feature *Human Rights Watch Film Festival (New York, 2010) - Closing Night Film *Human Rights Watch Film Festival] (Toronto, 2010) - Closing Night Film *
San Francisco International Film Festival The San Francisco International Film Festival (abbreviated as SFIFF), organized by the San Francisco Film Society, is held each spring for two weeks, presenting around 200 films from over 50 countries. The festival highlights current trends in in ...
(2010) - Golden Gate Best Bay Area Documentary *
Guadalajara International Film Festival The Guadalajara International Film Festival ( es, Festival Internacional de Cine en Guadalajara) is a week-long film festival held each March in the Mexican city of Guadalajara since 1986. The presence in Guadalajara of delegates from other impo ...
(2010) - Best Documentary *
Copenhagen International Documentary Film Festival CPH:DOX is the official name for the Copenhagen International Documentary Film Festival, an international documentary film festival established in 2003 and held annually in Copenhagen, Denmark. CPH:DOX has since grown to become one of the largest ...
(2009) - Amnesty International Award *Morelia International Film Festival] (2010) - Best Documentary *
Belfast Film Festival The Belfast Film Festival is Northern Ireland's largest film festival, attracting over 25,000 people annually. Since its founding in 1995, the festival has grown to include the Docs Ireland international documentary festival, as well as an Audi ...
(2009) -
Maysles Brothers Albert Maysles (November 26, 1926 – March 5, 2015) and his brother David Maysles (January 10, 1931 – January 3, 1987; ) were an American documentary filmmaking team known for their work in the Direct Cinema style. Their best-known films i ...
Documentary Award *
News & Documentary Emmy Award The News & Documentary Emmy Awards, or News & Documentary Emmys, are part of the extensive range of Emmy Awards for artistic and technical merit for the American television industry. Bestowed by the National Academy of Television Arts and Sci ...
s (2011) - Emmy for Outstanding Investigative Journalism – Long Form


See also

*
Law of Mexico The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition. Sources The hierarchy of sources of law can be viewed as the Constitution, legislation, regulations, and then custom. Alternatively, the hierarchy can ...
*
Presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present com ...
*
Law enforcement in Mexico Law enforcement in Mexico is divided between federal, state, and municipal (local) entities. There are two federal police forces, 31 state police forces and two for Mexico City, and, an investigation of the Executive Secretariat of the National ...
* Mexico City law enforcement * Crime in Mexico -- corruption *
Federal District Police Law enforcement in Mexico City is provided by two primary agencies; the Secretariat of Citizen Security of Mexico City (Secretaría de Seguridad ciudadana de la ciudad de México), who provides uniformed or preventative police, and the Office of ...
—the police of Mexico City *
Attorney General of Mexico The Attorney General of the Republic is the head of the Attorney General's Office (''Fiscalía General de la República, FGR''; prior to 2019, ''Procuraduría General de la República, PGR'') and the Federal Public Ministry of the Mexico, Unit ...


References


External links

* http://www.economist.com/node/18483267
Official site

Official site
*
Presumption of Guilt
-- ''
Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' article
'Presumed Guilty' sheds light on failures of Mexico's justice system
-- ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' article
'Presumed Guilty': Kafkaesque tale of injustice
-- ''
San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and M. H. de Young, Michael H. de ...
'' article
Presumed Guilty: Based on an Untrue Story
-

article
Imprisoned In Mexico And 'Presumed Guilty'
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NPR National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
article
PBS article
on the film and P.O.V. television episode
Presumptions of Guilt: Documentary Spurs Hope for Judicial Reform in Mexico
article in The
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Newsletter
Two lawyers with cameras help rehabilitate Mexican 'justice'
by Cathy Cockrell (1 December 2008)
Dos abogados Mexicanos, con sus cámaras, ayudan a reformar el sistema judicial de su país
by Cathy Cockrell (1 December 2008)

by Andrew Cohen (7/26/2010)
Presunto Culpable, Proven Innocent
by Rachel Swan (7/28/2010)
Filmmakers pursue justice in new documentary
(7/15/2010) {{DEFAULTSORT:Presumed Guilty 2008 films 2008 documentary films Mexican documentary films 2000s Spanish-language films American films based on actual events Mexican independent films Documentary films about law POV (TV series) films 2000s American films 2000s Mexican films