Washington County Sheriff
An Oregon man has been held in jail for nearly three years and may be the longest-held "material witness" in the history of the state, the Oregonian reported last week.
Benito Vasquez-Hernandez, an impoverished immigrant who speaks little English, was apprehended along with his son Moises Vasquez-Hernandez in the fall of 2012 as a so-called material witness in the disappearance of a woman named Maria Bolanos-Rivera.
Under US
Oregon law says there's no limit to the amount of time a material witness can be held in custody, but Vasquez-Hernandez's case might be unprecedented.
"Over my 20 years of practicing law in the state of Oregon, I've never seen anything like this," Vasquez-Hernandez's lawyer, Alan Beidermann, told Business Insider.
The detectives who arrested Benito Vasquez-Hernandez believed that his elder son, Eloy, had killed Bolanos-Rivera weeks after their date had gone badly.
"The judge made a finding two years ago that my client had valuable information pertaining to the alleged crime and that he was a flight risk," Beidermann said. "Since then, there have been a number of delays in the underlying trail that have postponed his release."
"It's sad and regrettable," he added.
Prosecutors offered to compromise at one point last year and allow Vasquez-Hernandez to leave prison if he agreed to tape his testimony in a pre-trial deposition. The taping did not go past the witness oath, however.
When asked if he promised to tell the truth, Vasquez-Hernandez simply kept repeating "I didn't do anything. I've been in jail. ... I didn't do anything," until the frustrated judge had him escorted out of the courtroom, the Oregonian reported.
"I'm hopeful he will take the oath," Beidermann responded when asked if he thought Vasquez-Hernandez would cooperate during his second attempt at a testimony - this time during trial - scheduled for later this week.
Vasquez-Hernandez indeed proved himself a valuable witness, telling detectives that he'd seen blood on the minivan Eloy had been driving the night of his date with Bolanos-Rivera. Hernandez's other son, Moises, revealed that Eloy had admitted to stabbing the widowed mother-of-six before fleeing to Mexico.
At the time, detectives believed both Benito and Moises knew where Eloy had hid Bolanos-Rivera's body. As a result, both were arrested on suspicion of "hindering prosecution" and were promised release only if Eloy came forward with the location of Bolanos-Rivera's body. Eloy ultimately turned himself in, but did not provide detectives with the information they wanted.
That was just over 900 days ago. Since then, Moises Vasquez-Hernandez has been released. His father, however, remains in jail.