Judge rules elderly Arlington man can leave Mexican prison

Published 11:57 am Monday, March 2, 2009

ARLINGTON — A Mexican judge has approved the release of the 88-year-old man from Arlington who has been held in a Mexican prison for 53 days.

Edward Chrisman should be able to leave the prison in Mexicali in the next several days, his family in Yuma confirmed today.

His family was told the ruling means Chrisman will be unconditionally released, and not required to return to Mexico at some future date to address the allegations that put him behind bars in the first place.

The family got official word of the Mexican federal judge’s ruling this morning, said Chrisman’s granddaughter, Shannon Perkins of Yuma, Ariz.

They are hopeful but wary something could still fall through, she said.

Chrisman’s grandson, Gary Chrisman Jr., will remain in custody awaiting a trial, she said.

An Arizona newspaper on Thursday reported the judge’s ruling, but it was news to the Chrisman’s family, who said they only got confirmation today.

Edward Chrisman was wintering in Yuma when he decided to take a quick trip across the border with his grandson, Gary Chrisman Jr. Jan. 8. Police arrested both men, alleging they pair tried to pay young girls to pose nude for photos.

The family maintains both men are innocent.

In February the Chrismans’ lawyer filed for an amparo proceeding on behalf of both Chrismans. The special Mexican federal hearing is used to examine whether their constitutional rights have been violated. The hearing is akin to habeas corpus in the U.S. judicial system, which attempts to alert the court to alleged violation of the defendant’s rights and can result in freedom for the accused.

The lawyer also filed a separate emergency amparo, arguing for immediate release of the elder Chrisman. The lawyer argued that the court needed to recognize the World War II veteran’s advanced age and declining health. The elder Chrisman apparently developed pneumonia at the prison. His family feared he wouldn’t survive the ordeal of awaiting trial in Mexico, a process that often takes years.

News of the impending release couldn’t have come at a better time for her grandfather, Perkins said. After briefly appearing to get better, Edward Chrisman’s health took a turn for the worse last week. Prison staff moved Chrisman back to the infirmary after he stopped eating. The poor quality of food was sickening him, Perkins said.

“He didn’t look good,” she said. “He wasn’t eating and he got really weak.”

The family said the pair were arrested after Gary Chrisman Jr. stopped at a convenience store for a soda. While there, the younger Chrisman asked a woman if he could take photos of her daughters. He’d been taking photos of Mexican culture all day with a new camera. The mother granted permission and he gave her $25. He snapped head shots of the two fully clothed girls and left the store. The woman and the girls called police soon after, alleging that he’d asked to photograph the girls in more explicit poses.

Edward Chrisman never went into the store.

Although the family is relieved to hear that Edward Chrisman’s release likely will happen soon, they remain worried about the fate of his grandson.

“This brings on a whole new set of worries,” Perkins said.

The elder Chrisman told his family he plans to remain in the Yuma area, working for the release of his grandson.

Debra Smith: 425-339-3197, dsmith@heraldnet.com