Arlington man wins freedom in Mexico

Published 10:11 pm 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 54 days.

Edward Chrisman should be able to leave the prison in Mexicali by week’s end, his family in Yuma said Monday.

His family was told the ruling means Chrisman will be unconditionally released and will not be 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 Monday morning, said granddaughter Shannon Perkins of Yuma, Ariz.

The family isn’t celebrating yet.

They are hopeful but still wary something could fall through and keep the World War II veteran locked up, said Chrisman’s granddaughter Tracy Saxton-Short of Mukilteo.

“We feel like: Here we go again,” Saxton-Short said. “We don’t want to get our hopes up until we get concrete evidence he’s being released.”

Their attorney told the family the paperwork needs to be signed and then Chrisman can come home.

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

An Arizona newspaper on Thursday reported the judge’s ruling, but that was the first time the Chrisman family had heard of a decision. They got confirmation Monday.

Edward Chrisman was wintering in Yuma when he decided on Jan. 8 to take a quick trip across the border with his grandson, Gary Chrisman Jr. Police arrested both men, alleging the 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 a defendant’s constitutional rights have been violated. It 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 elder Chrisman’s advanced age and declining health. He 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 some of his health back, Edward Chrisman took a turn for the worse last week. Prison staff moved Chrisman back to the infirmary after he stopped eating. The poor quality of the prison 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.

As soon as the elder Chrisman is released, the Northwest branch of the family will be on a plane heading to Yuma, Saxton-Short said.

“As soon as we get him out, he’ll probably go to a hospital to get a thorough physical exam,” Saxton-Short said.

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

Meanwhile, neighbors in Arlington plan a breakfast to raise money for the Chrismans, even if Edward Chrisman is released. The family has paid an estimated $12,000 dealing with the Chrismans’ imprisonment, neighbor Larry Stickney said.

Everyone is welcome to attend the Neighbors helping Neighbors breakfast, 8:30 a.m. March 14 at the Arlington Heights Improvement Club, 228th St., Arlington.

People in Arlington “know them not only as good neighbors, but as very fine people,” he said.

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