By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURT Scoop, Nov 14 – Venezuelan indicted narco-trafficker Carlos Orense Azocar was presented in Magistrates Court in the U.S. District Court for the Southern District of New York on June 23 and Inner City Press was (the only media) there.
Azocar had just been extradited in from Italy and the indictment against him unsealed. He was bought into the courtroom by two U.S. Marshals, in a green T-shirt and a shaved head with deep lines in it, at least in the back.
SDNY Magistrate Judge Valerie Figueredo reviewed the financial affidavit that Azocar signed and submitted and appointed him publicly-paid Criminal Justice Act counsel.
(Given his resources, Inner City Press has already filed to have unsealed his financial affidavit, as it won in the recent narco case of Honduras' Tigre Bonilla).
Azocar pled not guilty and consented to detention. The case was wheeled out and assigned to District Judge Vernon S. Broderick.
On November 14, Inner City Press covered the final pre-trial conference before Judge Broderick. Ozacar was not there. Thread:
Judge: Were there guns seized at the finca? AUSA: We have photos, that we'll seek to get into evidence. 2d AUSA: CC-20 is unavailable, in jail in another country. CC-21 is in Velezuela.
Judge: Your client's conviction for homocide? It doesn't come in unless he testifies and claims he doesn't know about the guns on the finca. He could says, Everyone in Venezuela has a gun without opening the door to the homocide
There was more: the courtroom is built for a jury of 12 and 2. There is an ex DEA expert on cartels, but Judge Broderick says he will require more detail. Defense counsel may preview his cross ex parte to the judge. Openings are set to November 27, and December 4 will begin at 2 pm.
Back in June Inner City Press immediately wrote to Magistrate Judge Figueredo to unseal, and was told told to file by ECF. But that is not possible unless one is listed as a filer in the case. Inner City Press requested that to Magistrate Judge Figueredo's chambers then those of Judge Broderick. On July 5, the request to unseal was docketed, here, including:
"Carlos Orense Azocar was appointed (publicly-paid) counsel, based on a financial affidavit that you reviewed and on which you made a judicial determination (of appointing counsel). This defendant is reported to have substantial resources. Given that the financial affidavits of SDNY defendants Michael Avenatti and (former) Doctor Cruciani have been ordered unsealed, by District Judges Furman and Cronan respectively, and most recently that of narco trafficking defendant Juan Carlos Bonilla Valladares by Magistrate Judge Katharine H. Parker in response to a similar Inner City Press request, this is a request that the information of be unsealed. See 20-mj-4462, Docket Number 7 (May 12, 2022)."
On July 7, 2022 Judge Broderick granted Inner City Press' request to unseal, put into a minute order here: "Minute Entry for proceedings held before Judge Vernon S. Broderick: Pretrial Conference as to Carlos Orense Azocar held on 7/7/2022. Defendant Carlos Orense Azocar, in custody, present with CJA Counsel, Jason Foy and Eric Sarraga. AUSA Kyle Wirshba present. Court Reporter Alena Lynch present. Spanish Interpreter Jill Hoskins present. Initial appearance held. A status conference in this matter is scheduled for August 22, 2022 at 2:00pm. Time has been excluded between July 7, 2022 and August 22, 2022 from the Speedy Trial clock, in the interest of justice, to allow the defendant to pursue new counsel and to allow the parties to review discovery. Furthermore, the Court grants the request addressed in the order at docket no. 10, to unseal the financial affidavit and information of Defendant, Carlos Orense Azocar. (jbo) ."
But as of July 11 at 2 pm, the financial affidavit (Docket 7) was still sealed, its link not live on PACER.
And on August 12, 2022 it is STILL sealed. But the transcript of July 7 became available, including:
THE COURT: The next thing I'm going to address is I received from Inner City Press a request for the financial affidavit...
MR. FOY: ...The person who made the application was presented when I explained why there wasn't much information included.
AUSA WIRSHBA: The government takes no position on the application.
THE COURT: I'm going to direct that the financial affidavit be unsealed. To the extent that the Inner City Press, that Mr. Lee - since it sound like he's already aware of the comments about it, I'm going to unseal it, and I'll see the parties on August 22.
Will it still be sealed then? It was. And still in April 2022, when the trial date was set:
ORDERED that jury selection in this matter is scheduled to begin on November 20, 2023. IT IS FURTHER ORDERED that the jury trial is scheduled to begin on November 27, 2023, at 10:00 am. IT IS FURTHER ORDERED that a final pretrial conference in this matter will be held on November 3, 2023, at 11:00 am. (Signed by Judge Vernon S. Broderick on 4/13/2023)."
On April 12, 2023, Judge Broderick picked a trial date: November 20, 2023.
Jump cut to November 10, 2023 - Docket 7 is still sealed despite Inner City Press' granted motion - Ozocar put in his Motions in Limine including seeking to ban evidence of narcotics related corruption...
Inner City Press will continue covering the case - and the request(s).
The case is US v. Azocar, 21-cr-379 (Broderick / Figueredo)
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