The magistrate handling the proceedings against Pablo Ibar in Florida (United States) has completely dismissed the motion filed by his defense, which requested a public hearing for the witness who exculpates the Spanish inmate, of Guipuzcoan origin, from the three murders for which he is serving a life sentence. The ruling is not yet final and will be appealed to the 4th District Court of Appeals.
The Pablo Ibar-Fair Trial Association has stated that this ruling represents "a new setback for the aspirations" of Pablo Ibar, who was hoping for a favorable decision that "would allow him to prove his innocence."
The defense attorney, Daniel Tibbitt, remains confident that the next appeal will succeed and that the witness will be able to intervene before the Justice to state that Ibar "had no involvement" in the murders committed in 1994 in a house in Miramar, near Miami, where two intruders killed the property owner and two young people.
The Prosecutor's Office opposed the request, understanding that the witness's statements "are hearsay, unreliable, and not supported by other evidence." It also emphasizes that Ibar's DNA was found at the crime scene on a T-shirt.
The defense has questioned the solidity of that genetic evidence and argues that the T-shirt "was stored and handled for years under conditions that could have caused a secondary transfer of DNA." It adds that the garment also detected DNA from another unidentified male and suggests that the triple homicide "could be related to drug trafficking and not to a robbery, as valuable items were left in the house that were not taken."
The judge concludes that the new witness "is not sufficiently credible," among other reasons due to his background and for having waited more than three decades before revealing the information. He also considers that, even if his testimony were accepted, "it would not change the outcome of the trial" due to the other evidentiary elements linking Ibar to the murders.
The defense also argued that Ibar lacked effective legal representation in his last trial, but the court also rejected this argument. Pablo Ibar is currently serving a life sentence, after having spent 16 years on death row.
The Pablo Ibar-Fair Trial Association has warned that the new appeal "will entail more expenses" for Ibar and his relatives, which is why it has reactivated a fundraising campaign to support his defense. Through its website and social media profiles, it offers different ways to make financial contributions.