Poor Translation of Miranda Rights Leads to Aquital

Jeronimo Botello-Rosales was convicted of conspiracy to manufacture marijuana and possession of a firearm by an illegal immigrant before his case was handled by the 9th U.S. Circuit Court of Appeals.

Botello-Rosales told detectives under the disputed Miranda rights translation that he had been transporting supplies for the marijuana growers in California and expected to make $20,000.  The Miranda warning was read by the Yamhill County Sheriff's Detective Brandon Bowdle.

Bowdle read the Miranda rights to Botello-Rosales in English as he arrested him.  The rights were then translated by McMinnville Police Detective Jose Salas.  Salas is a native Spanish speaker.

Botello-Rosales' lawyers argued that Salas' translation of the Miranda rights were inaccurate.  The center of their claim revolved around the use of the word "libre," which in Spanish, can be interpreted to mean either free in the sense of 'no cost' or simply available.

The defendant originally pleaded guilty after the motion of a poor translation was denied by  Senior Judge James Redden.  He was sentenced to 10 years in prison on the condition that he could appeal the Judge's finding.

In February 2012, Judge Anna Brown, who had taken over Judge Redden's position after his retirement, determined that Salas' Miranda warning was inadequate but Botello-Rosales should have been able to understand the interpretation of the warning from context.

The appellate panel disagreed and threw out the conviction.  A follow-up case will occur back in the U.S. District Court in Portland for another trial.

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