SCJN Tie on Colosio Case Appeal

SCJN’s stalemate on Aburto’s appeal divides over retrial implications in Colosio case. Legal and public discourse intensifies over potential reopening and seeking justice versus political exploitation concerns.

### Stalemate Among SCJN Ministers on Aburto’s Appeal in Colosio Assassination Case

On September 25, 2024, a critical vote by the First Chamber of the Supreme Court of Justice of the Nation (SCJN) resulted in a tie regarding the appeal of Mario Aburto Martínez, the confessed assassin of former presidential candidate Luis Donaldo Colosio Murrieta. The proposed project by Justice Juan Luis González Alcántara Carrancá aimed to retry the direct amparo won by Aburto in October 2023, which stipulated a maximum prison sentence of 30 years, already served by March 2024.

Justice Alcántara Carrancá’s proposal sought to involve the Colosio Murrieta family as victims in the trial process. Only Loretta Ortiz Ahlf supported this notion. Justices Alfredo Gutiérrez Ortiz Mena and Margarita Ríos Farjat voted against it, while the First Chamber’s President, Jorge Mario Pardo Rebolledo, abstained due to prior involvement in related cases as a District Judge in Toluca.

If the tie is broken in favor of the proposal by involving a justice from the Second Chamber, the case will return to the First Collegiate Criminal Tribunal in Toluca for a retrial. Aburto will remain imprisoned during this time. If rejected, the amparo would stand, likely leading to Aburto’s release soon.

The First Chamber previously postponed discussions on Ríos Farjat’s project regarding the FGR’s review request against the Collegiate Tribunal’s decision to annul Aburto’s 45-year sentence. Farjat emphasized that the review was unnecessary as it didn’t involve constitutional matters, suggesting it would unnecessarily prolong the case and cause more trauma to victims.

In earlier sessions, Justice Pardo Rebolledo was declared unfit to review the FGR’s appeal due to his previous role in evaluating related evidence. A new justice will be selected to draft a project for reconsideration.

The SCJN had accepted the FGR’s appeal in December 2023, raising constitutional issues to justify federal law application over state law.

Aburto remains in the Federal Social Readaptation Center No. 12 in Ocampo, Guanajuato, as the case proceeds.

### Additional Coverage: Stalemate in Mexican Supreme Court May Prolong National Wound

In a related development, the Mexican Supreme Court’s stalemate over Mario Aburto Martínez’s case continues to stir public and legal discourse. The confession and conviction of Aburto for the high-profile assassination of PRI presidential candidate Luis Donaldo Colosio Murrieta in 1994 remain a potent symbol of political violence in Mexico.

Judicial analysts suggest that reopening the case could lead to further scrutiny of past legal procedures and potentially unearth new information. This, according to some experts, might either reinforce or challenge the current narrative of Aburto’s sole guilt.

Human rights organizations argue that involving the Colosio family as victims in the retrial honors their rightful legal standing and could provide a broader perspective on the crime’s impact.

Conversely, critics fear that revisiting the case might lead to political exploitation, sidestepping definitive closure and continuing to open wounds from one of Mexico’s darkest political chapters.

As the Supreme Court moves to involve another justice to resolve the tie, various sectors of society remain divided over whether justice or political maneuvering is at the forefront of this prolonged judicial battle.

Stay tuned to TJGringo.com for continued updates and in-depth analysis of this evolving story.