In Honduras Trial Cooperator Grilled on Murder Amid US Bid To Cut Audio of 2 Witnesses
After Inner City Press' 2 opposition filings, the call-in line remains open but US still wants it cut for two witness (meanwhile, a court-openness win before Judge Rakoff- see InnerCityPress.com
By Matthew Russell Lee, PatreonSongFiling
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, March 15 – Does the right to access to Federal court proceedings extend to listen-only telephone lines, in the time of COVID and beyond? Should it?
The question has been further raised in the ongoing Honduras narco-trafficking case US v. Geovanny Fuentes, which Inner City Press has been covering in-person in the U.S. District Court for the Southern District of New York, where it is "in-house press."
On March 15, the trial continued with the audio call-in line (for now?) still open, but threatened to be cut for at least two witnesses, which Inner City Press has opposed, here. Inner City Press live tweeted, here:
Judge Castel did not yet mention the cut-off of call-in line demanded by US Attorney's Office, just said resume cross examination of Leonel Rivera
Fuentes' lawyer: Do you remember telling prosecutors Chino had been arrested on a drug charge in Miami? Leonel Rivera: Generally, yes.
Fuentes' lawyer: Do you remember Toen Montes saying Chino might cooperate, and seeking your help to kill Chino?
Leo Rivera: Toen Montes is a narco-trafficker. Fuentes' lawyer: So Chino was killed in jail? Leo Rivera: That, I don't remember.
Fuentes' lawyer: Do you remember testifying differently in a trial in this this courthouse, before the same judge? Judge Castel: Irrelevant.
Fuentes' lawyer: Do you remember testifying differently? Leo Rivera: I don't remember. Many narcos wanted China dead.
Fuentes' lawyer (on another murder) - So he was tortured with a cattle prod before you eyes and then you shot him, right? Leonel Rivera: Unfortunately, yes. [Lastimosamente, si]
Fuentes' lawyer: You had paid off President Lobo, then President Hernandez, correct? Leonel Rivera: Yes. Fuentes' lawyer: But you couldn't be sure they wouldn't extradite you to the US, right? Leonel Rivera: It did not come to that. I turned myself in. Fuentes' lawyer, hammering away: You passed information about Mr. Berrios to Ramos Matos, who you knew was a drug trafficker, correct? Leonel Rivera: Lastimosamente si, senor - Unfortunately, yes.
Fuentes' lawyer: And you knew he would likely be killed? Leo Rivera: Of that I wasn't sure. They had already taken his properties.
Fuentes' lawyer: Did you think Ramos Mato was just going to say to Mr Berrios, Please don't do that again? Leo Rivera: I didn't know.
Fuentes' lawyer: About a month later, Mr. Berrios was killed, right? Leo Rivera: Yes he was killed. I'm not sure how long after I passed the information. Fuentes' lawyer: It was not very long, correct? Leo Rivera: It was fast, yes.
Judge Castel: How much longer do you have? Fuentes' lawyer: I'm moving on to another topic.
Judge Castel: That's not what I asked you. How much longer? Fuentes' lawyer: Several hours.
Judge Castel: OK, we'll take out break.
On the morning of March 13, Inner City Press filed a challenge to the cut-off of audio access to the US v. Fuentes trial, citing the First Amendment, COVID and real-world politics, see here and below.
Late on the evening of March 14, the US Attorney's Office filed a three page letter into the docket, specifically arguing the the call-in line be eliminated for two entire Witnesses and everything they say. US Attorney's Office's letter, now uploaded on Inner City Press' DocumentCloud, here.
If the US Attorney's Office for the SDNY so routinely seeks to reach beyond not only its District, but the United States, to bring cases, it should not be allowed to argument on little notice to cut off access to those most impacted by the cases and their contents, no matter if these people are beyond the District and clearly cannot come in the overflow room. That the US Attorney's Office does not address the COVID / physical presence in the courthouse issues shows this lack of concern."
Inner City Press after its first filing waited nine hours, including this song, here, to report about it. Full first letter on Inner City Press' DocumentCloud, here.
Inner City Press itself obeys all existing rules and is grateful for the additional access as in-house media (particularly since it is banned from covering the UN, which now Constitutional rights such as the First Amendment exist).
But others have rights too - including journalists and regular citizens of Honduras.
The case is US v. Diaz, 15-cr-379 (Castel).
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.