Jacinta Francisco Marcial, an indigenous Otomí woman, sold ice cream in Santiago Mexquititlán's predominantly indigenous tianguis.[1]
The six AFI agents who conducted the raid implicated Francisco Marcial after they were shown a newspaper photograph depicting her walking near a group of protesting vendors. In August 2006, four months after the raid, she was arrested for the alleged kidnapping. She was later convicted and sentenced to twenty-one years' imprisonment.[1]
Amnesty International denounced Francisco Marcial's imprisonment as resulting from a wrongful prosecution. The group declared her a prisoner of conscience, claiming there was no credible evidence against her, and that she had been prosecuted because of her gender, poverty, race, and inability to speak or understand the Spanish language.[3]
In 2009, prosecutors dropped the case against Francisco Marcial. In September 2009, she was released.[1] In April 2010 the Mexican Supreme Court unanimously agreed to reverse the convictions of the two other women convicted of the same charges, Alberta Alcántara and Teresa González, and they were released from prison.[2]