Saturday, July 1, 2023

In Honduras Narco Case Trial Delay to February 2024 for Juan Orlando Hernandez and Others


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 29– 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: "Final pretrial conference previously scheduled for July 13, 2023 and trial previously scheduled for September 18, 2023 are VACATED. The Final Pretrial Conference is scheduled for January 18, 2024 at 11:00 a.m. Trial is scheduled for February 5, 2024 at 10:00 a.m. in Courtroom 11D. Time is excluded until 2/5/2024. Defendants continue to be detained. (Jury Trial set for 2/5/2024 at 10:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Pretrial Conference set for 1/18/2024 at 11:00 AM before Judge P. Kevin Castel)."

On June 27, 2023 in the case, two sentencings: Defendant Otto Salguero-Morales is sentenced on Counts 1 and 3 of the S5 Indictment to 144 months imprisonment, 5 years supervised release, the fine is waived, and a special assessment of $200. Defendant Ronald Salguero-Portillo is sentenced on Counts 1 and 3 of the S5 Indictment to 144 months imprisonment, 5 years supervised release, the fine is waived, and a special assessment of $200. Defendants are remanded into custody

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

On February 3, 2023 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..."

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)."

On May 29, 2023 - Memorial Day - JOH's lawyer filed a lengthy discovery request including for "71. Provide all U.S. communication with and digital intercepts in Honduras or the United States of Juan Orlando Hernandez Alvarado from 2010 to the present, inclusive of his custodial detention at the Metropolitan Detention Center (MDC) in Brooklyn, New York. 72. Provide all Defense Information Systems Agency Infrastructure information sharing activity and communications across the Department of Defense. 73. Provide all DOS and the Office of Public Diplomacy and Public Affairs communications, Blackberry Messaging, press releases, emails (encrypted, as well as non-encrypted), “cables,” foreign service Honduras desk officer’s emails and texts related to Juan Orlando Hernandez Alvarado, related to his efforts on behalf of the United States’ and Honduras’ efforts and antinarcotics joint operations in the War on Drugs. 74. Provide all U.S. Embassy-Tegucigalpa officials’ meetings, communication, emails, texts with Honduran opposition political parties during the course of Juan Orlando Hernandez Alvarado’s two administrations. 75. Provide any and all internal and external communications, information, changes by U.S. Embassy Officials and DOS Personnel with Honduran press, media and journalists; Specifically, entities such as INFOBAE; Univision, Telemundo, CNN, et al. and opposition parties." Full request on Patreon here.

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)."

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

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