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Jose Rios and Nelson Rodriguez are back in San Francisco City jail tonight, charged this time with suspicion of possessing marijuana and LSD. Police say they were arrested at 2 30 this morning in a car parked in the Mission district. Both suspects insists the charges are trumped

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up. Rodriguez was quoted as saying. We've heard about police frame ups. Now we've seen it firsthand. Some eight hours later in Redwood City, the other members of Losi 80 appear to the San Mateo County Courthouse to enter pleas on charges of auto theft and armed robbery.

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Both those who appeared plus, Rodriguez and Rios are accused of committing the two crimes in Pescadero Beach five days after the death of Officer Joseph Broadneck. But the pleas were not read into the record because the defense moved first to have the case dismissed in court

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was adjourned until the motion could be properly prepared on paper and given to the prosecution for examination. We made motions to have the complaint against the defendants dismissed on the grounds that they have been deprived of their right under the constitution to a speedy trial. This

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alleged incident occurred well over 18 months ago We were never advised that the defendants were charged with any offensive down here. We were never advised that there was any hold placed upon them, which means that for 18 months we have not been able to do anything

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by way of the defense of these individuals. It seems to us that that is a deprivation of rights under the Constitution, and we will make motions to that problem. Could it be argued that the San Francisco trialing perhaps caused this delay? No, not at all. You

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see, because with the defendants in custody way might well have chosen to have tried this case. First Way might well have chosen to have tried this case 16 months ago. Way did not know. We would not advise that any complaints had been filed is the fact

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that two of the defendants were arrested over the weekend on marijuana charges. Have any effect on this either delaying or none whatsoever? That's a totally separate matter, and we'll have to deal with that problem when we come to it. There has yet to be a date

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set for the second Los Siete retrial. That indications are a good deal of time. Will go by before it might start. Just because of the Christmas holidays. The defense motion for a dismissal has been put off until the 15th of January. And failing that, a good

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many more weeks might go by before the opening arguments would ever be heard. Dave Montes Eyewitness News, Redwood City.