By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURT, May 12, 1st Person -- When Tigre Bonilla was presented in the SDNY Magistrates Court, there was no other journalist there. Milling around were the same prosecutors as at Juan Orlando Hernandez' arraignment, and three FBI or DEA agents, I couldn't be sure. They had a clear plastic bag with them, and badges around their necks.
As I waited I started a Twitter thread, thinking that might bring in other journalists, especially the Hondurans. But no one had arrived when a man in a blue suit with a bushy pony tail showed up. He said, I hope I didn't keep everyone waiting.
"Only all of us," one of the US Marshals, a woman, muttered.
"Are you Raoul?" the prosecutor Jason Richman asked the man in the blue suit.
"Yes, that's me. Can I just speak with my client for a moment?"
The Marshals brought out el Tigre from the holding cell. He was in a white T-shirt, bald or head shaved. An interpreter crouched between him and Raoul. I sent out another tweet. Some saved these for moments they thought important. I just did play by play, as in a baseball game. Strike one.
"Are you ready?" Judge Parker's deputy asked.
"Yes," Raoul said.
The deputy went out through the side door and a moment later returned, banging his hand on the door. "All rise!" he said. "The Honorable Katharine H. Parker presiding!"
Judge Parker took the bench and turned to appointment of counsel. "I have before me a financial affidavit," she said. "But it is not signed. Is this your information, Mr. Bonilla?"
"Si, su senoriya," El Tigre said.
"Then I'll need you to swear to do. Rise your right hand."
El Tigre did.
"Do you swear the information in this affidavit is true and correct, so help you God?"
"Si, su senoriya."
"Good. On the basis of the information in this now sworn affidavit, I find you eligible for the appointment of counsel, and I appoint Mr. Raoul Zaltzberg to be your lawyer. Mr. Zaltzberg, have you reviewed the complaint with your client?"
"I have, your Honor," Zaltzberg said. "And we waive its formal reading."
So they wouldn't be reading it out in court. And the case was not yet in PACER. El Tigre's affidavit would never go in PACER - it was sealed, seemingly as a matter of habit or reflexive opacity.
But how could a man involved in narco trafficking and corruption for so long, as the head of the Honduras National Police, now have no money for a lawyer such that the American public had to pay for it? And how had Zaltzberg been picked for this job? I had spoken on my way in to the Criminal Justice Act lawyer on duty, Louis Fasulo. He had come in to get appointed to represent a material witness who had no money. Had El Tigre gotten to chose his own publicly-paid lawyer? Or had someone else chosen Raoul for him?
The proceeding was short, with a control date of June 10 set. After Judge Parker left, and then El Tigre with the Marshals, I stayed to overhead the agents speaking to Raoul.
"Here are his effects, including an undisclosed amount of US currency. We have sealed it."
Raoul nodded and took the bag. He headed for the door. I followed. At the elevator I caught up with him.
"Are you the CJA on duty?" I asked.
He looked surprised. "No... I picked this case up the other day," he said. The elevator door closed.
Back in the Press Room, staring at the PACER page that said Case Not Found, I start writing a letter to Judge Parker. I would ask to unseal El Tigre's affidavit, and thrown in the question about how Raoul Zaltzberg was appointed. I hit send and headed down to Worth Street where some Honduras journalists had belated arrived. It would be a long case.
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