An Article From
March 3, 2009
Copyright 2009, Washingtonpost.Newsweek Interactive
Police Charge Ingmar Guandique In Chandra Levy Case
Illegal Immigrant Charged With First-Degree Murder
 
Jonna Spilbor
Criminal Defense Attorney
Tuesday, March 3, 2009; 2:30 PM
D.C. police and federal prosecutors have announced they have charged an illegal immigrant from El Salvador with first-degree murder in the death of Chandra Levy in Rock Creek Park in May 2001. Ingmar Guandique, 27, is already serving a 10-year prison sentence for attacking two other women at knifepoint in the park around the time of Levy's disappearance.

Criminal defense attorney Jonna Spilbor was online Tuesday, March 3, at 2:30 p.m. ET to discuss this latest development in the case.

A transcript follows.

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Reston, Va.: My ex-husband, and father of my three sons, was killed in a hit and run. The police ultimately issued a warrant for a man who was also an illegal immigrant from El Salvador. The difference is that he somehow was able to get himself deported the day before the police were able to identify him as the driver. He is back in El Salvador now and since we have no extradition treaty he is as free as a bird. Do you have any ideas for us? Thanks

Jonna Spilbor: I am so sorry -- but you are correct in that without an extradiction treaty there is not much you can do. You should however, continue to check with the District Attorney in your jurisdiction.

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Statute of limitations?: What is the statute of limitations on a crime like this? Is there one?

Jonna Spilbor: Statutes of limitations vary from state to state, and crime to crime, however, in murder cases, there is usually no statute of limitations, or a very lengthy one at that. In this case, the statute of limtations will not be a bar to prosecution.

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D.C.: Some news outlets are reporting that the U.S. Attorney said Chandra Levy was attacked while walking her dog. That's not right, is it? I don't remember her having a dog...

Jonna Spilbor: I too read that report, and recall back in 2001 it was widely reported that Ms. Levy was killed while jogging. In the years thatt have ensued, it is possible that the facts as authorities THOUGHT them to be, were incorrect. Don't be surprised if newly discovered evidence indicates that Ms. Levy was engaged in an activity other than jogging.

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Rockville, Md. : Jonna, why did it take this long for the police to charge this guy? The Post ran the follow-up series last year -- it sort of amazes me that they waited until now to issue the warrant.

Jonna Spilbor: From a prosecution standpoint, it is often better to wait before charging a person, than to charge hastily. Charging hastily can destroy what later might have become a solid case.

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Bethesda, Md.: The suspect is already in jail, correct? If so, how will a trial unfold? Is it the sort of thing where the authorities will bring him back to the District to try him? And if so, where would he ultimately serve time?

Jonna Spilbor: Yes, the suspect is in custody in California, but his incrceration will not prevent him from facing charges in DC for the killing of Ms. Levy.

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Dupont Circle, D.C.: What will happen next? I am quite relieved. Ms. Levy lived across the hall from me and I had spoken with her from time to time.

Jonna Spilbor: Since the suspect is located out of state, he will most likely face extradition to the charging state (DC) For the period that he is lawfully in the custody of the Department of Correction in California, you can rest assured he will remain in custody in DC while the case against him proceeds. In other words, he will not be "free" while the case in DC is pending.

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Vienna, Va.: What type of "new evidence" could the police have been able to find now and not back in 2001?

Jonna Spilbor: The answer to that is as broad as the horizon! We don't know if new witnesses came forward (although I believe there is a report that the suspect was brought to teh attention of police by a fellow inmate), or whether there has been new DNA or other physical evidence tying the suspect to the crime. The problem, if you will, is that "old" evidence is sometimes not the most reliabel, depending on the type of evidence uncovered.

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Montgomery Village, Md.: When it comes to sentencing individuals for crimes, a judge may consider mitigating and aggravating circumstances. Should the status of being an illegal alien be an aggravating circumstance, because the illegal immigrant should not have been in the United States to begin with?

Jonna Spilbor: We expect any person residing in the US to be law abiding of course, regardless of their immigration status. Typically however, when the court applies either mitigating or aggravatin factors to a criminal sentence, it looks to the character of the perpetrator and the nature of the crime itself. I believe this suspect will be charged with first (or perhaps second) degree murder, and honestly, there really is no "nice" way to intentionally take a person's life, so it is doubtful that mitigating factors will play a role if Ingmar Guandique is ultimately convicted.

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Anonymous: Why is the suspect in the Levy case in jail in California for crimes he was convicted of here in D.C.?

Jonna Spilbor: I don't have all the details yet of why the suspect is in a California jail, but it could be that (1) he is serving time for a crime he committed in CA, or (2) he is being held in CA pending extradition to DC.

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Fairfax, Va.: How is it that Ingmar Guandique is serving only a 10-year sentence for the previous offenses? That seems much too lenient.

Jonna Spilbor: The reports I've read stated that Guandique "attacked" two other women -- not that he killed them. This would explain why he is serving just a ten year sentence, and not something greater.

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Arlington, Va.: Do you know of any new evidence that may have been found? I.e. her ring being discovered?

Jonna Spilbor: It was reported to me that part of the newly discovered evidence consists of a "jail house confessin" by a fellow inmate. From a defense poin tof view, these types of "confessions" oftentimes are full of holes. For that reason, it's likely the authorities have more to go on.

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Alexandria, Va.: Have you had a chance to review the warrant? If he's convicted on all charges, how much time would he be looking at?

Jonna Spilbor: I have not yet seen the arrest warrant.

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Fairfax, Va.: Ms. Spilbor, when this case re-surfaced in the news, it was reported that evidence was obtained through a fellow prisoner. Do you know if there is other evidence that was obtained to corroborate that information prior to the arrest? Thanks.

Jonna Spilbor: As mentioned, if I had a crystal ball, my guess would be yes, the police must have at least substantiated the fellow inmate's statements since typically, these types of statements -- especially so far after the time of the crime -- are not likely to hold up without more.

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Washington, D.C.: How reliable would any DNA evidence be taken from any of Levy's clothes found a year after her murder, if there was any, in implicating Guandique?

Jonna Spilbor: DNA evidence would be GREAT for the prosecution. The integrity of DNA is usually FAR better than say the integrity of a person's memory 8 years after an event.

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Berkeley, Calif.: How do you anticipate the process for jury selection for this case will be? It seems that it will be hard to choose a jury who is not familiar with the details of the case.

Jonna Spilbor: This is the $64,000 question! We live in such an infornaton age (as you know) that it is almost impossible to find jurors who haven't heard of high profile cases. The way around that, is to get assurance from the jurors that they can put their biases aside and evaluate the evidence before them -- and only teh evidence before them -- fairly. Easier said than done, indeed, but many times jurors will say they are up to the task.

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Oak Hill, Va.: Today's Post story says that Guandique was with two other men when Levy was attacked -- do you know anything about that? Also, is there any DNA evidence linking him to Levy?

Jonna Spilbor: The story is too new yet to know much anout any allegeded accomplices, however, it wouldn't surprise me a bit that, if these accomplices are real, we learn more very quickly FROM THE DEFENSE CAMP. If there are other people at whom the suspect can point a finger, this type of evidence most likely will surface sooner rather than later.

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Washington, D.C.: Does D.C. have the death penalty?

Jonna Spilbor: DC does not have the death penalty.

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Suspect is in jail in California because: ...he attacked women in Rock Creek Park, on federal land, and is actually in a federal prison in California, not a State of California prison.

Jonna Spilbor: Thanks for the additoinal info.

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Alexandria, Va.: The D.C. police and Ms. Levy's parents so wanted the killer to be Gary Condit that they refused to look at the evidence that women had been molested in the park before, and by the person they've now indicted. Was it the Washington Post series that finally make them look to the real killer?

Jonna Spilbor: Focusing all police efforts early on in any investigation has pros, and more often, cons. The obvious "cons" are that it can cause authorities to overlook evidence that may point to the true perp.

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Jonna Spilbor: Thanks for the Q&A time. I'm sure we will hear much more in the days and weeks to come. The hope, in the end, is justice for all. Thanks everyone!

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