Saturday, January 20, 2024

In Honduras Narco Case JOH Cites Death Threats and DEA Infiltration But Trial Still On


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 18 – 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 June 29, 2023, the JOH trial was delayed: "Trial is scheduled for February 5, 2024 at 10:00 a.m. in Courtroom 11D.

On November 22, 2023, the US Attorney's Office wrote in to say that while it will arrange for JOH to meet his lawyer in the SCIF the following week, he cannot see classified information there, unlike Joshua Schulte (about whom Inner City Press published a book, Brutal Kangaroo) and Cholo Abdi Abdullah. Letter on Patreon here.

On December 19, as to co-defendant Tigre Bonilla, Judge Castel ruled: "ORDER as to Juan Carlos Bonilla Valladares; The trial of this action has been long set for February 5, 2024. The Court does not anticipate moving that trial date or granting a severance."

But on January 10 JOH and his lawyer asked for a seven week postponement. JOH says he no longer has money to pay his cleared counsel; he wants a publicly-paid CJA lawyer and seven additional weeks. Filings on Patreon here.

On January 12 Judge Castel denied delay, stating "Defendant’s complaints about his lawyer and his inability to finance adequately his legal team given the freeze of his assets does not provide a basis for granting his eve-of-trial request for appointed counsel and an adjournment" - full order on Patreon here.

On January 18, Inner City Press live tweeted the final pre-trial conference, thread:

...Judge Castel: Alex Ordon comes in, on the murder, as do the drug ledgers. They contain the initials ohf JOH for 650 kilos of cocaine.

 Judge Castel: I admit onto evidence electronic communications about cocaine bearing the "TH" stamp. CC-5 and CC-6 are unavailable, and had no incentive to lie. Also I admit the photos from Tony Hernandez' phone photos of machine guns, 1 with JOH inscribed

 Colon: My client [JOH] wants to remove me as counsel. Judge Castel: I've already ruled. JOH stands up in the jury box. Marshal: Sientese, senor [Sit down] JOH: I have 2 emergencies. I do not feel duly represented. Six months now, he has been sick.

JOH: I have not been able to speak with my lawyer from Honduras. I need to subpoena witnesses from Honduras. I need a laptop. But the person who referred Colon to me says the DEA enlisted him to infiltrate my defense.

 JOH: Now they are opposing my legal defense fundraising. I need a public attorney. I can't continue with this trial.

 JOH: I just found out of death threats against my family, the prosecutors hadn't told me. I need a public defender. The US brought me here. The colonies used to suffer under England... It was tyranny

Colon: It's hard to follow that exposition. I'm not fit to try this case anymore.

Judge Castel: Any US response? AUSA: We just gave 3500 materials.  Colon: The threat against his family, they gave it late

 Colon: Jorge Levy went to Honduras, reporting to the DEA, and said he could get a pardon for Tony Hernandez from Donald Trump [Worlds collide]

 Colon: Jorge Levy even made representations about you, Your Honor. I was there when Pepe Lobo was assassinated - and Jorge Levy blamed it on me.

 Colon: So now it is a novela... I got a call from a captain in the MDC jail says Jorge Levi was calling them saying Juan Orlando has ordered a hit on him using a phone he doesn't have

 Now Tigre Bonilla wants to speak. Bonilla: I have been without liberty in the US, I must appeal about the lack of defense that I have.

 Bonilla: I am not a delinquent or a criminal. Judge Castel: You can testify to that at trial.  Bonilla: I sent you a letter last year, that my lawyer does not represent me, he is irritated.

 Bonilla's lawyer: We brought in another lawyer... The 3500 material has me tense. I see him weekly or twice a week.  Judge: There is no time for new lawyers

And that's it - except that letters seem to be due. Inner City Press will report them

The case is US v. Diaz Morales, et al., 15-cr-379 (Castel)

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