COSTA RICA-AMERICAN CITIZEN/TRIAL American woman acquitted in third Costa Rica murder trial

Record ID: 141688

  • Title: COSTA RICA-AMERICAN CITIZEN/TRIAL American woman acquitted in third Costa Rica murder trial
  • Date: 7th September 2015
  • Summary: PEREZ ZELEDON, COSTA RICA (FILE) (REUTERS) MORE OF PATTON CRYING IN COURT
  • Embargoed: 22nd September 2015 13:00
  • Keywords:
  • Location: Costa Rica
  • Country: Costa Rica
  • Topics: General
  • Reuters ID: LVADA54525LLNVFQBVFXAKKUU8SN
  • Aspect Ratio: 16:9
  • Story Text: EDITORS PLEASE NOTE: THIS EDIT CONTAINS GRAPHIC MATERIAL IN SHOT 19
    In a third murder trial, a Costa Rican court on Monday (September 7) acquitted an American woman on charges of murdering her husband due to doubts over the circumstances which led to his death.
    Anne Maxine Patton was accused of having murdered her husband, U.S. hedge fund manager John Felix Bender, on January 8, 2010 at a sprawling luxury residence in the town of Baru.
    "By unanimous vote, Maxine Anne Patton, is absolved of all penalty and liability, under universal principle in dubio pro reo (when in doubt, for the accused), for a crime of homicide to the detriment of John Felix Bender that the public prosecutor had accused her of," Judge, Esteban Lopez, said while reading the ruling at the courthouse in Perez Zeledon.
    In Patton's first murder trial in 2013, the same court dropped the charges against Patton, claiming they had insufficient evidence to convict her. However, the court ordered that Costa Rican authorities take possession of assault rifles and ammunition that were discovered at the residence where the incident took place.
    Prosecutors appealed the decision and on September 2, 2013 and appeals court ordered a retrial, stating evidence in the case had not been properly taken into account.
    In May, 2014, Patton was found guilty of murdering her husband and sentenced to 22 years in prison.
    Patton was released from prison in February this year, on the condition she did not leave the country, after the court agreed to a retrial.
    Fabio Oconitrillo, Patton's defence attorney, said the court was forced to a retrial and acquittal because the defence team had established considerable doubt about the cause of Bender's death. Oconitrillo also claimed the police investigation was flawed.
    "We believe the evidence the defence could provide was properly assessed and finally, we have - for a third time - an acquittal in this case," Oconitrillo said.
    Patton's brother, Kenneth Patton, said justice had been served.
    "We appreciate that justice was served today and my sister did not murder her husband. She's not a murderer. There was not enough circumstantial evidence to convict her for the simple fact that there was no murder. The second trial was a major failure by the authorities here in Perez Zeledon to carry out justice. I think corruption was involved. It was very ugly. There's a long story behind all this here in Costa Rica and it will come to light," Patton said.
    Patton has stated her husband committed suicide after a long history of bipolar disease and depression episodes and that the gun went off as she tried seize it from him.
    Prosecutors and forensic examiners, however, had alleged that the manner in which the body was discovered and the trajectory of the round that killed Bender were inconsistent with a suicide.
    Additionally, prosecutors said that it was extremely unlikely that the left-handed Bender would have shot himself on the right side of his head.
    Further appeals from prosecutors covering the case are expected.
    "The prosecution remains convinced that there was a homicide here, never a suicide and precisely that is the reason, it's not that we might appeal, no, we will present the corresponding appeal with a new court of appeal that knows about the case," said prosecutor, Edgar Ramirez.
    The appeals court will nevertheless have to decide whether there is sufficient evidence to charge Patton for murder in a fourth trial.
    Brazilian-born U.S. citizen Patton and her American husband had moved to Costa Rica in 2000 to fulfil their dream of opening a wildlife refuge.
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