Lawyers representing Harshkumar Patel and Steve Shand, convicted of human smuggling charges, are pushing for their acquittal or a retrial in the wake of a case tied to the 2022 deaths of an Indian family attempting to cross the Canada-U.S. border. Motions were filed on Friday in the U.S. District Court in Minnesota, arguing for judicial review of their convictions.
Patel, an Indian national arrested in Chicago, and Shand, a Florida resident, were found guilty on four counts in November, including conspiracy and profiting from smuggling migrants. Their trial followed the deaths of Jagdish Patel, his wife Vaishali, and their two children, who froze to death in Manitoba near the U.S. border in January 2022. Temperatures had plunged to –23°C, with wind chills reaching –38°C.
Patel’s lawyers claim he was wrongfully accused, citing insufficient evidence to support the allegations. They argued the prosecution failed to prove Patel’s involvement in a conspiracy, his knowledge of the migrants’ illegal entry, or his identity as “Dirty Harry,” a contact found in Shand’s phone. They also noted procedural errors and prejudices during the trial, including the court’s refusal to sever Patel’s trial from Shand’s and the late disclosure of disciplinary records for a key government witness.
Shand’s defense painted him as an unwitting participant, describing him as a cab driver unknowingly caught in a smuggling operation. His legal team also criticized the prosecution’s delay in providing evidence, alleging it impeded his right to a fair trial. They have called for an evidentiary hearing to scrutinize the government’s handling of potentially exculpatory evidence.
Both motions assert that the evidence presented during the trial was insufficient to support a guilty verdict beyond a reasonable doubt. Patel’s lawyers further requested a retrial in the interest of justice, aligning with Shand’s arguments about the prosecution’s handling of the case.
The tragic case has highlighted the dangers of human smuggling and the legal complexities surrounding such operations. The court’s decision on these motions could set significant precedents for similar cases in the future.
Source: Swifteradio.com
