Attorney: Reenactment shows trucker jailed in Mexico made 'mistake'




Posted on July 5, 2012 at 8:07 PM

Updated Thursday, Jul 5 at 8:54 PM

DALLAS - There was new hope Thursday for the mother of the North Texas truck driver who has been in a Mexican prison since April 17.

She hopes a reenactment of Jabin Bogan's arrest could help free him.

Bogan's attorney said the reenactment confirms his client simply made a wrong turn. During the reenactment, a forensic expert showed how Bogan blocked traffic while trying to make what he called an "impossible" U-turn back into the U.S.

But we won't know the outcome of this case for two weeks. The judge overseeing the case said he won't make a ruling until then.

By walking through events with Mexican customs officers, the prosecutor and defense attorneys on the Bridge of the Americas heading into Mexico, the family of Jabin Bogan hopes the judge can see that Bogan is no arms smuggler.

"So the judge can see that he was telling the truth from day one," Bogan's mother Aletha Smith told WFAA. "There was nothing hid."

Bogan claims a wrong turn off Interstate-10 landed him in traffic on the bridge and then at the instruction of a U.S. customs and border protection officer he was told to proceed and turn around.

But Mexican authorities stopped him and found 268,000 rounds of ammunition in his trailer. Although Bogan carried cargo documents for the load, he's been jailed and charged with smuggling.

Bogan's American attorney raised enough questions that the judge wanted to see what happened for himself.

"And why, when it's not true, when Jabin didn't do anything but made a wrong turn by following someone else's directions," Smith said.

That the judge even ordered the reenactment is somewhat of present of hope for Bogan, his mother said.

"He's 28 years old today," Smith said. "And we're going to celebrate his birthday. We are believing he's going to be released, but we are celebrating his birthday."

They won't party with him Thursday, but hope they can soon with a ruling from the judge to release him.

"I'm believing that my son is coming home," Smith said. "That's my belief."