CANCUN, Mexico (KTLA) -- A Mexican judge has ruled that there is enough evidence for Bruce Beresford-Redman to stand trial for the murder of his wife, Monica Burgos.
The former 'Survivor' producer will remain jailed. No trial date has been set.
Beresford-Redman's defense team spoke to their client in his cell and say he is "devastated" about the ruling.
His attorneys are back in court starting the appeal process. They say they want the case bumped to the federal level.
Meantime, Monica Burgos' family released the following statement after the ruling:
"The family of Monica Burgos is relieved over the court's decision today. It has renewed our faith in the international justice system. We will continue to monitor the case closely."
Beresford-Redman is accused of killing Burgos during a family vacation in Cancun in 2010.
His attorneys claim there is no DNA or blood evidence liking Beresford-Redman to Burgos' death.
They also say that the physical evidence that the prosecution wants to use is tainted because it is now full of fungus.
Moreover, they have argued that the evidence is irrelevant to the case.
"The evidence they presented... first of all, it was completely spoiled," defense attorney Jaime Cancino told KTLA.
Cancino said Bersford-Redman "is completely frustrated with what is happening."
"He's feeling that he's not having the opportunity to defend himself," Cancino added.
The defense also claims they were not allowed to cross-examine key witnesses, and that Beresford-Redman was forced by police into making false statements during interviews.
If they convince the judge, Beresford-Redman may not have to stand trial.
Prosecutors have not commented on the defense's accusations.
If convicted, Beresford-Redman faces 12 to 30 years in a Mexican prison.
Beresford-Redman was accompanied by U.S. Marshals from Los Angeles to Mexico last Wednesday.
"I feel relieved, you know, that he's going and finally this happened," Monica's sister, Carla Burgos, told KTLA.
Monica's family members say they are pleased to see justice being carried out, and they believe Beresford-Redman may be guilty.
They say that six weeks before Monica's murder, she confessed that her husband was having an affair.
Monica's sister, Jeane Ferreira Burgos, said in a sworn statement that Monica confronted her husband and he apologized.
When she learned that he still had contact with the mistress, however, she asked for a divorce, according to the complaint.
The family also says they were devastated when Beresford-Redman returned to the U.S. after Monica's murder, despite Mexican authorities' request that he stay.
"He had the lover in the other house," Carla Burgos said. "He was working, cutting his hair in Beverly Hills and okay, she's dead and that's it?"
But Beresford-Redman's mother Juanita, who now cares for the children, believes her son is innocent.
"He did not do this, despite all the screaming and yelling from her sisters, who should know him better," Juanita told KTLA.
"One of the prime reasons is he adores his children, as did Monica, and he would never have taken the mother they adored away from his children," she said.
"He did not do this, and I'm praying that the Mexicans will give him the just and fair verdict that he deserves."
Monica's badly decomposed body was discovered April 8 in a sewer at the Moon Palace Hotel on what would have been her 42nd birthday.
An autopsy revealed that the cause of death was asphyxia by suffocation.
Police said they did not have the proper equipment to search the water when Monica disappeared, and did not find her body until it floated to the surface.
The autopsy report also indicated the presence of bruising to the victim's face and a blunt head wound that the medical examiner stated was related to the time and date of death.
Mexican authorities have cited statements from a resort worker who reported seeing Beresford-Redman attempt to strike his wife.
Beresford-Redman reported his wife missing on April 6, telling police and relatives that she never made it back to the hotel after a solo shopping excursion the day before.
But police said there was no record of her having left the hotel grounds.
A guest at the hotel reported hearing a commotion coming from the room occupied by the couple.
The hotel staff in Cancun was notified that the guest heard "a woman screaming for help" around 6 a.m. on Monday April 5.
The guest also reported the "sounds of furniture being moved or thrown" coming from the Beresford-Redman room.
A security guard said that a hotel employee called the room to check on the complaint, and said, "A man answered the phone and said that everything was fine."
Last month, Beresford-Redman decided to waive his right to appeal extradition.
At the time, his attorneys, Richard Hirsch and Vicki Podberesky, said in a statement that their client was "eager to clear his name" at a trial in Mexico.
"We are disappointed in the court's decision denying our request to prevent the extradition of our client, Bruce Beresford-Redman," the statement said.
"After consultation with him, Bruce has decided not to appeal the decision and to return to Mexico and defend himself on the charges. He is innocent and it is his hope that the court in Mexico will assure that he receives a fair trial in which, he is confident, he will be exonerated."
An attorney representing Monica's family also issued a statement, saying: "While the Burgos Family was surprised to learn that Bruce Beresford-Redman will no longer fight his extradition to Mexico, the Burgos family is relieved to learn that this horrendous ordeal may finally be coming to a close.
They will continue to monitor the case, as Bruce is returned to Mexico, to ensure that justice is finally served on behalf of their sister Monica."
Beresford-Redman had been in jail in Los Angeles since November, when he was arrested by federal agents on a fugitive warrant out of Mexico.
In July, a Los Angeles judge issued a 20-page extradition order to send Beresford-Redman back to Mexico to face trial.
His attorneys then filed papers requesting that the extradition order be overturned.
They claimed there was no physical evidence showing Beresford-Redman killed his wife, and said authorities drew conclusions based on the couple's marital troubles.Copyright © 2014, Los Angeles Times