Saturday, April 15, 2023

As Honduras Ex Prez Juan Orlando Hernandez Awaits Trial now Discovery Coordinator Tapped

 

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 12 – After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21, 2022 the ex-president himself, Juan Orlando Hernandez, was extradited to the United States.

[Espanol aqui]

  Inner City Press which covered the trials of Tony Hernandez and Giovanny Fuentes Ramirez immediately published the unsealed JOH indictment, which was returned on January 27, 2022 but left under seal.

On October 25, JOH's October 27 proceeding was pushed back, to November 15, 2022 - and when it happened, Inner City Press was there, and live tweeted, thread here and below.

On February 3, JOH's lawyer moved to sever his trial from that of Tigre Bonilla: " it is the defendant’s position that prejudicial spillover will occur in that evidence that is admissible against one or both of the other proposed defendants (i.e. Mauricio Hernandez Pineda and Juan Carlos Bonilla Valladares (i.e. “El Tigre Bonilla”) will be prejudicial to the former Honduran President, Juan Orlando Hernandez Alvarado." Full letter on Patreon here.

On April 2, 2023, Juan Orlando Hernandez through counsel objected to provisions and omissions from the prosecutors' CIPA order, for example seeking to add "Because disclosure of additional individuals to the government’s trial team would reveal defense trial strategy and attorney client communication, approval shall be sought from walled government counsel and not from trial team at the United States Attorney’s Office.... Should the defense seek to challenge or litigate the designation of material not so marked, it may do so by filing a motion with the Court and serving its objections on a member of the walled team. Proceeding in this manner will allow the defense to maintain both its privileged communications with the client and attorney work product privileges. Use of a wall team and will also allow for fairness to the government. Through its walled counsel, the government will have a full and fair opportunity to have their informed position made to the Court."

On April 12, Judge Castel appointed a discovery coordinator for JOH and others: "ORDER APPOINTING EMMA M. GREENWOOD AS COORDINATING DISCOVERY ATTORNEY as to Victor Hugo Diaz Morales, Juan Antonio Hernandez Alvarado, Mario Jose Calix Hernandez, Mauricio Hernandez Pineda, Amado Beltran Beltran, Otto Rene Salguero Morales, Ronald Enrique Salguero Portillo, Fernando Felix Rodriguez, Geovanny Fuentes Ramirez, Juan Orlando Hernandez, Juan Carlos Bonilla Valladares. (Signed by Judge P. Kevin Castel on 4/12/2023)." Watch this site.

On March 14, 2023, Judge Castel ruled that Pineda and his lawyers can't take discovery / 3500 material out of the US: "ORDER as to Mauricio Hernandez Pineda. IT IS HEREBY ORDERED that the defendant and his defense team including but not limited to Messrs. Ma and Womble, and any U.S. based paralegals, investigators, and interpreters working for the defendant, Mr. Ma, and Mr. Womble shall not transport or transmit any of the 3500 Material outside of the United States; IT IS FURTHER ORDERED that the defendant and his defense team shall not show or disseminate any of the 3500 Material to anyone other than the defendant and U.S. based paralegals, investigators, and interpreters working for Messrs. Ma and Womble; IT IS FURTHER ORDERED that the defendant shall not possess any of the 3500 Material, either before, during, or after the Trial, except when reviewing the 3500 Material in the presence of Mr. Ma and/or Mr. Womble or U.S.-based paralegals, investigators, and interpreters working for Messrs. Ma and Womble; IT IS FURTHER ORDERED that the defendant and his defense team shall return to the Government, or destroy, all of the 3500 Material at the close of the Trial or when any appeals have become final; and IT IS FURTHER ORDERED that defense counsel may seek authorization of the Court, with notice to the Government, to provide certain specified materials to persons whose access to such materials is otherwise prohibited by this Order, if it is determined by the Court that such access is necessary for the purpose of preparing the defense of the case. (Signed by Judge P. Kevin Castel on 3/14/2023)."

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