WINCHESTER, VA – On April 2, Frederick County Circuit Court Judge William W. Eldridge IV ruled that all statements made by Jamie Barba Campirano, 22, cannot be used against the suspect in his upcoming child rape trial.
Judge Eldridge decided that the Mexican national did not fully comprehend his Miranda rights, because he speaks only Spanish.
On June 16, 2019, Frederick County sheriff’s deputy Thomas Wyatt questioned Campirano at his residence in Winchester about his outstanding warrants, while the illegal alien’s English-speaking fiance interpreted for him.
Deputy Wyatt also gave Campirano a card with the Miranda rights printed in Spanish.
Campirano reportedly confessed to having a sexual relationship with the 14-year-old girl, and was taken into custody and formally charged.
The Winchester Star reported:
Campirano later told defense attorney Jason Ransom that he did not understand his rights because of his reading comprehension difficulties and some questionable English-to-Spanish translations by his fiance.
Frederick County Assistant Commonwealth’s Attorney Kristen G. Zalenski countered that Campirano was not being honest about his ability to comprehend his Miranda rights. She pointed to his 2019 interaction with a Winchester police officer and said that alone should have made him understand the content and purpose of Miranda rights.
However, Judge Eldridge threw out the confession and said that had Deputy Wyatt used a telephone translation service to communicate Miranda rights to Campirano, “This case would be on much different footing.”
Campirano has been charged with three counts of child rape, sexual abuse of a child, sexual assault by force, sexual assault of helpless victim, attempted sexual assault by force, kidnapping w/intent to defile, hit-and-run and driving without a license. He is currently being held at the Northwestern Regional Adult Detention Center on an ICE detainer.