On Honduras Narco Case Fuentes Wants Delay Of March 8 Trial or to Preclude New CC-4 Calls
Just after the US filed new calls and proof involving Honduras president JOH, supported by UNSG Guterres amid censorship, Fuentes' lawyer asked for delay or preclusion. Inner City Press is on the case
By Matthew Russell Lee, Patreon, ThreadVideo
Honduras - The Source - The Root - Podcast
SDNY COURTHOUSE, March 3 – During the trial that convicted Tony Hernandez, the brother of Honduras' president Juan Orlando Hernandez (JOH), on all four counts of guns and narcotics trafficking and false statements, the Honduran National Police came up again and again in the U.S. District Court for the Southern District of New York.
Six days before the trial of Geovanny Fuentes is to begin, the US has filed a letter which begins, "Dear Judge Castel: The Government respectfully submits this letter in support of additional motions in limine to admit recently seized evidence obtained from electronic accounts belonging to (“CC-14”), , including: (i) photographs of CC-14 with CC4, the defendant in a bullet proof vest and Honduran military beret, and CC-3 and CC-4; (ii) photographs of firearms, including machineguns, ammunition, and large quantities of U.S. currency; and (iii) electronic communications of CC-14 with, among others, CC-3, during which they discuss the defendant, other co-conspirators, firearms, and the defendant’s bodyguards." Full filing on Patreon here.
The day after those filing, Geovanny Fuentes' lawyer Avraham C. Moskowitz has asked to delay the trial -- or to preclude, that is, to keep out of evidence, the new calls including with CC-4 / JOH. More and letter on Patreon here.
MeanwhileTeam JOH is trying to use misconduct by SDNY prosecutors in an entirely unrelated case, of Iranian banker Nejad, to argue away the evidence against them. Inner City Press, covering both cases, predicts it this defense strategy will not work.
The Nejad case misdeeds - which Inner City Press along with only one other media organization fought to get unsealed - are about a piece of exculpatory evidence provided late and misleadingly to Nejad's lawyers. It is misconduct. But in the Honduras cases, the evidence is damning. Is JOH saying that beyond that, there is some other evidence that would clear him? What might it be? Podcast here We'll have more on this.
Tony Hernandez' sentencing has been repeatedly delayed, and has now been extended again, to March 23. But a related trial is set to begin March 8, that of Geovanny Fuentes Ramirez. And evidence about President JOH, it emerged in a February 12 proceeding before Judge Castel, will come in. Memo on Patreon here; proceeding live tweeted here and below:
The US Attorney's Office has asked for "Witness-1" to testimony under a pseudonym, and for jurors and "venire" (prospective jurors) be left unnamed, due to threats of retaliation and "inability of Honduran government to protect witness." Or unwillingness?
Judge Castel: I presided over the Hernandez Alvarado trial, but this one will be different. Defense?
Defendant's counsel: I understand reading between the lines what your Honor is saying [about corruption in Honduras] and the alleged homicide...
Defense counsel: There have been public statements from the government of Honduras that this is all false. We could get that testimony even if the witnesses did not come here, using letters rogatory.
Defense lawyer: Either the jury will believe my client important tons of cocaine or not - whether he gave political campaign contributions in Honduras is a sideshow." [To him, maybe] Defense: The evidence should be kept out.
Judge Castel: The government says it has evidence defendant bribed CC-3 for information to protect his drug lab... Then he bribed CC-10, a high ranking judge in Honduras to avoid arrest. And in 2013 to CC-4's campaign for presidency for protection
Judge Castel: These are acts that were conducted in furtherance of the conspiracy, the US says. Judge Castel: The US says these individuals were receptive to bribetaking. Presumptively, that evidence is admissible. Turning to the US' 2d motion in limine, these are co-conspirator statements....
Judge Castel: So what is Witness-1 going to say about CC-4 soliciting campaign contributions from Owner-1, who is not a co-conspirator? Assistant US Attorney: He was in the presence of CC-4 and Owner-1 when the statements were made.
Judge Castel: So this shows the receptiveness of CC-4 to campaign contributions for a corrupt purpose?
AUSA: They spurred assistance and allowed CC-4 to conduct monetary negotiations. It shows why CC-4 would have meetings about drug trafficking at Business-1
AUSA: It would both in furtherance, and important background. We cite some cases on this. Judge Castel: Business-1 was allegedly used by the defendant to launder drug money. Was that the case when CC-4 was soliciting campaign contributions? AUSA: Yes, Your Honor.
Defense lawyer: I don't have much to add except, if the Court is to allow these statements in, we need to be able to attempt to take the testimony of the alleged recipient, who denies being corrupt. [JOH - to have testimony taken?]
Judge Castel: The statements are coming in. Let me put one thing to rest: there are procedures for obtaining disclosure under Rules 16 and 17 and the fact that the government plans to offer evidence puts a defendant on notice and the need to investigate
Judge Castel: The defense will not be allowed, during the trial, to say it is going to investigate. Are we going to move on to the third motion in limine? Defense lawyer: We didn't know this was going to be part of the trial. We knew there were allegations, but...
Defense lawyer: Until they raised it, we didn't have to say, we're going to Honduras. AUSA: Corruption and violence, we identified from early in the case as relevant to the case. We made early 3500 production.
Judge Castel: Now, statements to Lionel Rivera... Defense: The witness known as Medro, his statements to Mr. Rivera, they are big part of the US' case. It is outrageous. Mr. Rivera made the witness unavailable by murdering him.
Defense lawyer: We understanding that Lionel Rivera has admitted to participating in 78 murders. His brother Javier, in 48 murders. Judge Castel: And defendant's participation? Defense lawyer: This is more extreme that the situation with the political corruption Judge Castel: The extent to which the murders are dependent on the credibility of cooperating witnesses, this presents an opportunity for the defendant. The thrust of the US' case is that law enforcement could not be relied upon
[Memo Best line (more to come) - "as CC-4 put it, the defendant & CC-4 wanted to “shove the drugs right up the noses of the gringos” by flooding the United States with cocaine. The defendant believed that with his powerful allies he could operate with total impunity."]
Judge Castel: The fact that someone has a permit for a handgun does not mean it cannot be a tool of a narcotics conspiracy. The fact that the photos are on the defendant's phone goes to the weight of the evidence. He can argue that it not entitled to great weight
Judge Castel: There is also some electronic messages with a Honduran military official described as "Comanche" and a law enforcement official identified as a Commissioner Martinez or something along those lines. Is there an objection?
Defense lawyer: Yes, your Honor. The government speculates as to who these people are. They don't have a name for Comanche, nor what his role was in the military and if he is still in the military. Same with the Commissioner.
Defense lawyer: Until they identify these people, the messages are irrelevant. Judge Castel: There are communications about Lopez Canabria. That murder was covered. So remarking about the death doesn't have much probative value.
Assistant US Attorney: It shows that the defendant was linked with the Honduran military in furtherance of his drug trafficking activities. And with the Los Valles cartel, even after its leaders were arrested. [An aside: When shall we expect Narcos Honduras??]