By Matthew Russell Lee, Patreon, Thread Video
Honduras - The Source - The Root - etc
SDNY COURTHOUSE, Jan 26 – 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.
Tony Hernandez' sentencing has been repeatedly delayed, and has now been extended again, to March 23: "MEMO ENDORSEMENT as to Juan Antonio Hernandez Alvarado on [233] LETTER MOTION addressed to Judge P. Kevin Castel from Peter E. Brill dated January 22, 2021 re: Request to Continue Sentencing. ENDORSEMENT: Sentencing is adjourned from January 27, 2021 to March 23, 2021 at 2:00 p.m. SO ORDERED. (Sentencing set for 3/23/2021 at 02:00 PM before Judge P. Kevin Castel)."
His new lawyer, saying that the previously lawyers neglected to get the pre sentencing report translated, now has said Tony Hernandez - or he - will not consent to a virtual sentencing: "Re: United States v. Juan Antonio Hernandez Alvarado 15 Cr. 379 Dear Judge Castel: I represent Mr. Hernandez Alvarado. I write to update the Court on the current status of Mr. Hernandez’s matter, and to request an adjournment of sentence. Translation of the PSR and prior sentencing submission are almost complete. I will need to get the translations and then meet with my client to discuss them, then include any points from that discussion into our sentencing submission. At this time, I cannot consent to a remote sentencing proceeding on Mr. Hernandez Alvarado’s behalf. As such, I ask the Court to set an in-person sentencing date at its convenience, after the Court reopens to such appearances." Watch this site.
On June 29 SDNY Judge P. Kevin Castel held a bond hearing on Otto Rene Salguero Morales. Inner City Press live tweeted it, here.
Now on January 20, that defendant and the "other Salguero" have their discovery and a next date on March 24, Judge Castel ordered in a proceeding that Inner City Press live tweeted here:
Proceeding involves Otto Rene Salguero Morales and Ronald Enrique Salguero Portillo.
Judge Castel asks if these two defendants have gotten their Rule 16 discovery information from the US Attorney. Yes, but only on January 14.
Judge Castel suggests meeting again March 26 - in person, he says (or hopes). Or, 2 weeks before that, if MCC prison can
Judge Castel switches it to March 24, calls it the "outside date," plans for it in the courtroom, the same one Tony Hernandez was found guilty in.
Judge Castel: Thank you all very much. We are adjourned.
On September 10, Judge Castel granted the request for another adjournment of Tony Hernandez' sentencing, this time from Septmeber 16 to November 10 at 11 a.m.. That has been further delayed, most recently for pre-sentencing report not translated (a filing Judge Castel has yet to respond to in the docket), see below.
Now on January 17 in the case of former police official Mauricio Hernandez-Pineda, a 30 to 45 day delay has been requested as his lawyer cites COVID vaccination and guilty plea negotiations. Letter here. Inner City Press will have more on this.
On October 29-30, Tony Hernandez' taxpayer-funded lawyer asked for yet another postponement. And it was granted on November 2 - all the way to January 27: "as to Juan Antonio Hernandez Alvarado re: [205] LETTER Request to Continue Sentencing ENDORSEMENT: Sentencing is adjourned from November 10, 2020 to January 27, 2021 at 2:00 p.m. in Courtroom 11D. SO ORDERED. (Sentencing set for 1/27/2021 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/2/2020)(jbo)."
Now on January 8, 2021, more delay, blamed on previous lawyer, full letter on Patreon here: "Re: United States v. Juan Antonio Hernandez Alvarado 15 Cr. 379 Dear Judge Castel: I represent Mr. Hernandez Alvarado. I write to update the Court on the current status of Mr. Hernandez’s matter. Mr. Hernandez Alvarado informed me a few days ago that prior counsel never provided him with a translated copy of the Pre-Sentence Report. The Final Presentence Report was produced in February 2020, at approximately the same time as counsel had submitted a sentencing submission, which was apparently not translated for him either. I was appointed on April 15. As Mr. Hernandez Alvarado appeared fully conversant with all sentencing-related matters, the issue simply never came up in conversation until now, when we were preparing for sentencing at the end of this month. I have secured a translator, am submitting a request for translation through evoucher this evening and will advise the Court as to the anticipated completion date of the two documents. I apologize for any inconvenience and thank the Court for its consideration." Will there be accountability? Watch this site.
On October 6, more delay for a co-defendant, again on the ground of allegedly not able able to afford a lawyer after all the "alleged" drug trafficking: "ORDER as to Ronald Enrique Salguero Portillo. The conference previously scheduled for October 8, 2020 is adjourned to November 4, 2020 at 10:00 a.m. in Courtroom 11D at 500 Pearl Street. Michael Gilbert, a member of the CJA panel, shall appear at the conference. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. The reasons for this finding are that the grant of the continuance is needed to facilitate substitution of new counsel for Ronald Salguero Portillo and to accommodate the restricted schedule due to COVID. Accordingly, the time between today and November 4, 2020 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/6/2020)."
On September 16 at 11 am, then, Judge Castel turned to Tony Hernandez' co-defendant Geovanny Fuentes Ramirez. Inner City Press live tweeted it here:
Assistant US Attorney: We may need a separate trial date for Geovanny Fuentes Ramirez. There may be other defendants who may make sense to include in this trial, others may seek to sever.
Judge Castel: Is the US seeking a severance?
AUSA: Not at this time.
Fuentes Ramirez' lawyer Moskowitz: This is the first I'm hearing there is another defendant out there. My indictment only names Mr. Fuentes Ramirez. I'm aware there are other out there...
Judge Castel: I too am in the dark. I'm extracting this from the US now
AUSA: There is also Mauricio Hernandez Pineda...
Judge Castel: Alright. OK. What's the status of the case against him? AUSA: He was arraigned. Since then everything has been adjourned.
Judge Castel: If Fuentes Ramirez wants a separate trial, he doesn't have to do anything - his indictment does not name anyone else. AUSA: If we need to make a motion, we will do so. Moscowitz: We are working with the Balde case [about virtual grand juries]
Fuentes Ramirez' lawyer: I have a three month trial in 2021 before Judge Furman, then onc in front of Judge Ramos, then Judge Cote.
Judge Castel: trial dates in 1st quarter of 2021 have not yet been set by the Court. That's the fact.
Judge Castel: Let's meet again in this case in early November - there's a Nov 15 deadline to ask for a jury in the first quarter of 2021.
Fuentes Ramirez' lawyer: We cannot consent to exclude Time under the Speedy Trial Act. AUSA: We ask to exclude time.
Judge Castel: I exclude time until November. There is uncertainty, there may be a motion about the grand jury materials. Two, because of COVID-19 there is a limitation on the number of trials.
Judge Castel: OK, the next proceeding will be November 13 at 11 a.m. Fuentes Ramirez: May God bless you. Judge Castel: Thank you. We are adjourned
Inner City Press will stay on the case. Justice delayed can be justice denied.
At 9 am on October 28 Geneva time Inner City Press in writing asked UN "High Commissioner for Human Rights" Michelle Bachelet and her spokesman Rupert Colville this: "Hello, this is a Press request for OHCHR / Bachelet comment on the murder, on video, in Honduras of 'Magdeleno' whose drug trafficking notebook were used in recent SDNY conviction of Presidential brother Tony Hernandez, a trial Inner City Press covered every day. See video of killing here.
More on Patreon here.
On October 26 after the murder and release of the video, Inner City Press went to (try to) pose the question to Guterres. The response? Video here. Three UN security vehicles, and even a publicly funded NYPD detective, "protecting" Guterres who already wastes untold public funds on security. Disgusting. A protest has been called for, and is needed - @InnerCityPress response here. More on Patreon here.
Inner City Press on October 18 asked the defendant's lawyer Omar Malone about this client's post arrest statement, the admitted murders by the cooperating witnesses, and upcoming sentencing submission. Video and answers here.
Here was the post arrest statement as initially put in to the jury, as uploaded to YouTube by Inner City Press, here. The case is US v. Diaz Morales, 15-cr-00379 (Castel).
