Originally the men were charged with 3 charges, which were misdemeanors, and non-deportable offenses. The prosecution agreed to drop all charges if the defendants agreed not to file a civil lawsuit, which is part of the court records. The defendants were unwilling to drop their suit, so the city hired a special prosecutor Steve Dingle to defend the city. Mr. Dingle is normally only used in murder trials, and isn't even a prosecutor for Lane County. Since the two defendants didn't agree to drop their lawsuit, an addition eight charges were filed against them. If the defendants were to lose their criminal case, both men would face deportation charges and would be separated from their families.
It is recorded by the city records that one of the men was stripped naked in a jail in front of a group of women. It is reported that the women would walk by and laugh at the naked defendant. The man was not administered his insulin even though he could have possibly died. The man was checked in by the jail wearing a medical alert bracelet. He was also beaten again by the jail personnel before he was released, and missing all the money he was carrying at the time of the arrest. Their trial is scheduled for September 21, 2004. A hearing to compel discovery occurred on August 31st to get the district attorney to hand over the evidence against the men. The judge denied the claim, and the men still are unable to access all of the discovery evidence. The judge is unwilling to extend the trial date, even though one of the men's public defender's has had less than a month to prepare for the trial. One of the officers involved in the police misconduct was officer Juan Lara, who is currently in jail for raping women while on duty. The defendants don't want any retaliation effort, but seek only peace and justice.