Black professor arrested in SP on kidnapping charges should be released this Thursday (18), says defense

The São Paulo Court granted habeas corpus to physical education teacher Clayton Ferreira Gomes dos Santos, arrested last Tuesday (16) on charges of kidnapping an elderly woman in November 2023.

Lawyer Danilo Reis, who defends the accused, told CNN that the teacher should be released from the 26th Police District this Thursday (18).

In the decision that granted habeas corpus, the São Paulo Court pointed out that the arrest constitutes an illegal constraint, considering that the recognition was made by photo, that he did not hinder the investigations in the five months that he was released and that, according to documents presented by the defense, the teacher was teaching in another city at the time the crime occurred.

Clayton was detained during a routine police action, accused of having participated in the kidnapping and robbery of R$11,000 from a 73-year-old woman on October 31, 2023, in Iguape, on the coast of São Paulo.

The Rubens do Amaral State School, in São Paulo, 200 kilometers away from where the crime occurred, issued a document with the workload and timesheets for October 2023, claiming that the teacher was working at the time of the kidnapping.

The professor's defense, who has no criminal record, pointed out that there was racial prejudice in the case, as Clayton is a black man and was recognized by the victim through a photo.

Clayton intends to sue the State, but to do so, the investigation must be closed.

In a statement, the Public Security Secretariat confirmed the arrest, claiming a favorable opinion from the São Paulo Public Ministry and confirmation at a custody hearing. He also claimed that any report of irregularities can be notified to the Civil Police Internal Affairs Office.

Check out a note from the São Paulo Public Security Secretariat:

“The case is investigated by the Iguape Police Station, which identified, after judicial police work, the man cited as a suspect in a robbery in the municipality, on October 31, 2023, when a 73-year-old woman had the value of R$11 thousand subtracted. The victim recognized the suspect and a woman as perpetrators of the crime.

The police authority at the station gathered the evidence and represented the Judiciary for the temporary arrest of those investigated. The MP expressed a favorable opinion on the request, which was granted by the judge. The man was arrested on Tuesday morning (16) following a police warrant, in the south zone of the Capital, and the Court confirmed the arrest at the custody hearing. Any report of irregularities may be reported to the Civil Police Internal Affairs Office.”