By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURTHOUSE, Nov 15 – 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:
OK - #NarcoHonduras case of US v. Juan Orlando Hernandez, Inner City Press has been waiting in the hall with many who came to Tony's trial, Juan Orlando Hernandez is brought in tan prison uniform, with Angel Martinez. Now Judge Castel.
All rise!
Assistant US Attorney: We have made five productions of discovery, recording of meeting with co-conspirators, extractions from electronics...
AUSA: We also have drug ledgers... We have produced a significant amount of information, in an abundance of caution. For classified information, we are mindful of the February 1 deadline. We will file ex parte and under seal. Judge: When?
AUSA: Next several weeks
Judge Castel: Trial is set for April 2023. Let me hear from the defense - I'll set a date for the government's disclosure of the government's request to charge, and a date for the final pre-trial conference. Any motions?
JOH's lawyer Raymond Colon: The discovery is voluminous.
m JOH's lawyer: I speak fluent Spanish, but some of the audio is not clear. Judge Castel: What type of motion would that be?
JOH's lawyer. Some type of audibility hearing. Also there is a lot of noise in the jail. We need newer headphones, theirs date back to 9/11
Judge Castel: Get in touch with the warden of the MDC and dialogue about what brand and model of headphones and why you need them. But with regard to the recordings, is the US providing you with draft translations? JOH's lawyer: Some, that go back 8 or 9 years.
JOH's lawyer: My client's English is not the bad, the summaries are in English. But there are omissions in the summaries. Exculpatory statements, S-O-N O-F A B-I-T-C-H, I'm being diplomatic for the record - these words are not in there, there is a pattern
Judge: If the government sees conversation they intend to use as trial, they should make the interim or draft translations available to you on the rolling basis, would that help?
JOH's lawyer: Maybe but --
Judge: Of course they would not be the final translations
Judge Castel: In my experience, it is common to have instances where it says "inaudible." If you are saying it says, "That SOB," call the government. Maybe it says "Son of," then you have have an intelligent discussion. Let me hear the balance. JOH's lawyer: The other issue is the ability to have access to my client... The discovery is voluminous, we have a protective order. I've kept all the materials. I don't leave any of the materials with him. But he needs to be able to look at it when I'm not there
JOH's lawyer: I think the US is now going to provide a redacted copy that I can leave there with him. I have to say, the BOP personnel have been very helpful. But jails have their own rules we have to abide by. The basic problem is, they don't have the cannon fire
JOH's lawyer: Some of the corrections officers say they have to relieve themselves, it's understandable, but it cuts out visit short. Or if there's a situation that requires reinforcement. It's frustrating. We've asked for separation orders, co-conspirators...
JOH's lawyer: My client was not transported by himself. He felt uncomfortable in that big a crowd. He is the ex President of Honduras. Some in the transport may have been part of a terrorist group...
JOH's lawyer: I can bring in my charger, then it's taken away. There's been a see-saw back in force. The lack of the charger, it implicates the Sixth Amendment.
Judge Castel: Charge up your machine in advance, right?
JOH's lawyer: My charge only lasts a few hours Judge Castel: The BOP is in the Executive Branch, they report up to the same chain as the US Attorney. I'm in a different branch. I cannot modify their charger rule. I make sure there is a counsel at the facility who will accept communications from defense lawyers
Judge Castel: I can't order them to let you bring your charger in. I have not idea of the issues. Are people strangled with the cords? JOH's lawyer: There are other cables in the room they could use to strangle people. Anyway, I think that's it.
Judge Castel: Any suppression motions? Motions addressed to the face of the indictment? JOH's lawyer: No motions, no sir. Judge Castel: The government should submit its request to charge and any motions then the defense has to March 31 to respond, with any motions
Judge Castel: I've tried 2 cases, the [Geovanny] Ramirez case, & the Tony Hernandez. Look at the jury instructions I gave, that's my advice. AUSA: We'll produce 3500 material next month, to end several months before trial. Judge Castel: That sounds unusual & good
AUSA: There might be several witnesses who present safety concerns, so we might wait until closer to trial.
Judge Castel: By March 24, 2023 - except for witnesses they apply for and I review - and some earlier on a rolling basis.
AUSA: We move to exclude Speed Trial Act time until the date of the trial, April 24. JOH's lawyer Colon: I understand. Judge: Any objection? Colon: No.
Judge: I exclude time. We are adjourned.
On November 8, the (current) lawyer for co-defendant Mauricio Hernandez-Pineda wrote to Judge Castel stating the MHP "has sought to retain new counsel but is unable to do so because he does not have the funds to do so." He wants a conference this week, in light of the January 23 trial date.
On November 10, Judge Castel denied the motion but appointed a second CJA lawyer: " MEMO ENDORSEMENT as to Mauricio Hernandez Pineda on [490] LETTER MOTION addressed to Judge P. Kevin Castel from Howard Leader dated 11/8/22 re: request for status conference to relieve counsel and appoint new counsel pursuant to CJA. ENDORSEMENT: With the trial date rapidly approaching, the Court will deny count's request without prejudice. The Court will however appoint a second CJA lawyer to advise defendant on pre-trial matters. Richard J. Ma is provisionally appointed to advise defendant on pre-trial matters. Counsel shall meet with defendant before the November 22 conference. There will be a conference on November 22 at 2 pm. SO ORDERED. (Added attorney Richard John Ma for Mauricio Hernandez Pineda) (Status Conference set for 11/22/2022 at 02:00 PM before Judge P. Kevin Castel) (Signed by Judge P. Kevin Castel on 11/9/2022)." Watch this site.
A related case that was moving toward trial, on Salguero Morales and Ronald Enrique Salguero Portillo, with problems about a witness, Ardon Soriano -- will not. Instead, after withdrawing the Ardon motions after Inner City Press sought their unsealing, they were set to plead guilty on October 6. And they did: "Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Otto Rene Salguero Morales (6) Guilty as to Count 1,3 and Ronald Enrique Salguero Portillo (7) Guilty as to Count 1,3."
On September 19, 2022, JOH's trial was pushed back to April 24, 2023: "ENDORSED LETTER as to (S7 15-Cr-379-10) Juan Orlando Hernandez addressed to Judge P. Kevin Castel from AUSAs Jacob H. Gutwillig, Michael D. Lockard, Jason A. Richman, Elinor L. Tarlow, dated September 19, 2022 re: The parties jointly write with respect to the September 28, 2022 status conference and other upcoming dates currently scheduled in this matter. ENDORSEMENT: September 28, 2022 conference is adjourned to October 27, 2022 at 2:00 p.m. in Courtroom 11D. The date for the Government's CIPA motion is extended to February 1, 2023. The trial date is moved from January 17, 2023 to April 24, 2023. Time is excluded to April 24, 2023 so that the parties may engage in the activities described in the Government's letter of September 19, 2022 and otherwise prepare for trial. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/19/2022)(bw)
Inner City Press live tweeted a proceeding on August 17, 2022, here then filed to unseal the secret motions, response due August 22, docketed request here.
On Sunday September 4, before any ruling on Inner City Press' unopposed motion to unseal, now they are seeking to "withdraw" the motions. But they are judicial documents. The request: "Dear Judge Castel, On or about August 17, 2022, sealed motions were filed by previous defense counsel for defendant Ronald Enrique Salguero Portillo. The motions were jointly filed, Mr. Feitel, attorney for Otto Salguero-Morales, joined in the motion on behalf on his client. Defendant Ronald Enrique Salguero Portillo hereby withdraws the sealed motions filed on his behalf. Faithfully yours, /s/David Zapp Attorney for Ronald Enrique Salguero Portillo CC: AUSA Kaylan Lasky."
On September 6, Judge Castel granted the motion to withdraw, and dismissed Inner City Press' application to unseal as moot: "MEMO ENDORSEMENT as to Otto Rene Salguero Morales (6), Ronald Enrique Salguero Portillo (7) on re: [466] MOTION filed by Ronald Enrique Salguero Portillo to Withdraw Document specifically, previously filed motions. ENDORSEMENT: Based upon the decision of both defendants to withdraw the motion the motion filed by defendant Ronald Salguero Portillo joined in by Otto Salguero-Morales are deemed WITHDRAWN. The application to UNSEAL is DENIED as MOOT. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/6/2022). We'll have more on this.
Some of Inner City Press' request - which should be granted as the motions they now seek to disappear:
"Dear Judge Castel: On behalf of Inner City Press and in my personal capacity, this is near immediate request to unseal, in full or at least in part, the motions discussed this afternoon in open court in the above-captioned proceeding, which Inner City Press is covering. Outgoing counsel for Mr. Ronald Enrique Salguero Portillo, it was said, submitted a motion on August 3, 2022 regarding alleged problems with the testimony of a witness, "Ardon Soriano." This was apparently followed up with a second motion submitted today, August 17, 2022. But neither motion is contained in the docket on PACER, nor any request to file under seal. The First Amendment to the U.S. Constitution guarantees to the public a right of access to court proceedings. U.S. CONST. AMEND. I; Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 603 (1982). The public’s right of access is strongest when it comes to criminal proceedings such as these, which are matters of the “high[est] concern and importance to the people.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 575 (1980) (plurality opinion). This is a Press request that the filings be unsealed consistent with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Parties such as Inner City Press and myself have standing to intervene in criminal proceedings to assert the public’s right of access. United States v. Aref, 533 F.3d 72, 81 (2d Cir. 2008). This is a request that this opposition to sealing be docketed as, for example, took place in US v. Bright, 19-cr-521 (PKC), and in this case, regarding Juan Carlos Bonilla Valladares, on May 11, 2022,, after which Magistrate Judge Katharine H. Parker ruled: "The Financial Affidavit was filed under seal. On May 11, 2022, Matthew Russell Lee (“Lee”), a reporter with Inner City Press, filed a letter intervening on behalf of the public and requesting that the Financial Affidavit be unsealed. I find that the Financial Affidavit should be unsealed."
On May 11, JUAN CARLOS BONILLA VALLADARES, or Tigre Bonilla, formerly of the Honduran National Police, was presented and Inner City Press live tweeted it here
On May 10, Juan Orlando Hernandez was brought into court to be arraigned. Inner City Press live tweeted it, thread here
Back on April 21, a lawyer filed a notice of appearance to represent JOH: Raymond L. Colon of 131 Pugsley Avenue in The Bronx, with 30 other cases over the years in SDNY.
On April 22 by video Colon represented JOH at his presentment. Inner City Press live tweeted here
Previously, Inner City Press asked UN Secretary General Antonio Guterres why he supported already-disgraced JOH in helping to steal his second election, by sending a four person panel with no read-out.
There has still been no answer from UN Spokesman Stephane Dujarric - but Guterres' head of media access Melissa Fleming has banned Inner City Press, ongoing.
On April 21 Inner City Press posted vlogs in English and Spanish, and streamed the DEA press statement from DC, here. We will cover JOH's presentment, arraignment and trial.
The case is US v. Juan Orlando Hernandez, et al., 15-cr-379 (Castel).
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