Sunday, November 16, 2014

Court Rules Detention of El Chapo on Illegal Weapons Charges Violated His Rights to Due Process

DD for Borderland Beat


As reported in The News on November 13, 2014:


A federal court confirmed on Wednesday that the former leader of the Sinaloa Cartel Joaquín el Chapo Guzmán will not serve prison time for the alleged possession of firearms and ammunition designated for exclusive use of the armed forces.

While Chapo Guzmán remains behind bars with other pending charges, the 12th Circuit Criminal Court confirmed an injunction resolution against allegations filed against him for possession of guns and ammunition sighting a lack of consistency and completeness in the investigation, according to a statement from the court. 

The failure in the accusatory process against the organized crime leader was attributed to the defense attorney demonstrating that Mexican Marines entered into El Chapo’s house without a court order or relevant investigation against his client. The prosecution countered by saying that they are pursuing charges and vow to keep the criminal behind bars.

The defense demonstrated that there were various shortfalls including the unwarranted intervention of arresting officers at the place he was detained and that the case wasn’t first referred to an appeals court,” said the statement.

The 10th district judge in the State of Sinaloa and the third district federal penal process judge from the State of Mexico were forced to retract their order to detain El Chapo on charges of possessing illegal firearms and ammunition.

After 13 years as a fugitive, the infamous crime boss was detained on Feb. 22 by Marines from the Port of Mazatlán. He is being held at the maximum security federal prison, Altiplano.

Charges of drug trafficking are still pending against him and so far there have been no court decisions that would bar him from being detained and tried on those charges..  

 However considering the number of cartel capos and high elected and appointed officials that have been released from prison in the last few years because their due process rights were violated or the protected witness’s testimony was deemed not credible, or alleged fabricated evidence, anything is possible.  And it seems logical that if his rights to due process were violated in his arrest and detention and that resulted in the dismissal of the weapons charges, that would apply to the drug related offenses as well. 

(note: according to El Universal in a story published on Oct. 8, 2014, 74 persons who were in the power elite who were charged with crimes like organized crime were released by court decisions between 2010 and Sept. 2014 ) 

However even if the Mexican courts in their new found zeal to protect civil and constitutional rights (at least for the elites) were to order him released, and unless the prison authorities released him at 4:30 AM without notifying anyone of the the release, and if he could then disappear as happened with Caro Quintero,  Guzman still faces the possibility of extradition to the US.   

At least seven U.S. federal district courts, including Chicago, San Diego, New York and Texas, have already issued indictments for Guzman on a variety of charges, ranging from smuggling cocaine and heroin to participating in an ongoing criminal enterprise involving murder and racketeering.
 
Even so, if the Mexican authorities wanted to ensure his silence about the corruption at high levels of government, the courts in Mexico could block and extradition request because of “lack of evidence to support the charges in US.

Remember this is Mexico and anything can happen.

50 comments:

  1. Chiva how many years do you think he'll get ?

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    1. wow...this is total conjecture, for I have not seen his final charges adn don't know what will become of the time still owed from his last incarceration, and will they prosecute him for the escape. I would say roughly 20 and odds in favor he will be eventually extradited, but that may drag on until EPN's Sexino has concluded

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    2. I read some time ago in a story about an escape from prison, the convict had to serve his remaining time on the original sentence, but could not be charged for escaping. The court or PGR said it is not a crime to escape from prison. That it is a natural human reaction for someone who is locked up to try to escape and therefor it could not be a crime.

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    3. He will be released by the end of EPN's presidency...

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    4. where's the like button chivis? what I respect very much is if we ask, you will answer.

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    5. DD...Mexico is a country that will not punish prison escapes IF..the escapee does not continue criminality when he is free. However, since 2001, Chapo has been issued 8 Mexican warrants against him for various crimes, and wanted in 7 Federal District courts in the US. So if they wanted to they could penalize him. and he does have remaining time. I don't think it will be something sought, but since the reader asked my opinion I put it out there for a consideration.

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  2. Chapo will be released by the end of the year

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  3. The guy is an escaped convict with a warrant for his arrest. What other authority does one need to arrest him?

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  4. much to do about nothing. it has zero consequence to the case. all hype

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  5. Funny thing is that if they had gone for a court order he never would have taken in the place he was caught. Makes it hard to get a warrant when it just means the person they are getting it on, will just escape after being topped off.

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  6. So unreal, even the pettiness of that crime compared to what he's gonna do life for goes to show the ignorance of Mexico's constitutional law. Need a court order?? WTF. What if he was in there chainsawing some victims up do they still need a court order to enter and arrest him?? And the asininity of no investigation relavant against him?? Who are they kidding?? This was the most wanted man in the world, he has been under investigation for everything from robbing Santa Claus to mass murder and everything in between. So if the federal explanation is of ignorance then they can't arrest hitmen walking down the streets with AK's unless they are under investigation. What kind of Oscar Mayer BS are they fronting. The charge yes is nothing compared to his other but dropping the charge because of that lame explanation?

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  7. Why not apply the same principles to Dr. Mireles' case. Btw, how is he doing and is he almost out? Mexican justice system is just as corrupt as the people in Mexico's leadership. What a disgrace.

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    1. I don't recall the US Government ever caring about weapons charged, or murders of Mexican citizens. There's is strictly the transportation of narcotics into the US & subsequent proceeds. Pretty much only what affects US soil when it comes to drug dealers.

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  8. What a load of shit.chapo is going to be released because he has the government by the balls so in order for him not to snitch on them there going to set him free . Jajajajajja

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  9. it's only a matter of time before he is released on technicalities.

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  10. I wonder if the EPN presidency worked out a deal giving some old school capos their freedom if they would hand over the current leaders and return order to their perspective cartels.

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  11. I believe Servando Gomez "La Tuta" is his defense attorney. jajajaja

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  12. What mexico Is some type of a bad joke.....they cannot charge him with possession of illegal arms... but on the other hand doctor mireles got crucified with out a legal process or representation. Wow I guess is true anything is possible in mexico with the right amount of money. Fuck you Enrique Peña nieto. I hate you.

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    1. 7:38 He loves you and your money!

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  13. He won't be extradited. It's not in his interest and it's not in the government's interest. Government does not want him to talk about high-level corruption. He wants to make sure his family and associates are able to continue the business.

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  14. Well since everybody is speculating I may as well . He is washed up . Its over . He hasn't much use left for the powers that be . He will not be released . He will remain in prison or be killed . I hope he isn't killed .I would rather know he gets extradited and tried in the USA . Either way he is done .There are people in this world that can pretty much take him out anytime they decide if he is released no matter where he tries to hide . Sure some rules will have to be broken . Whats Chapo's family going to do . Run to the authorities and say he was murdered ?
    Guzman is finished .

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    1. Whose going to murder chapo lmao would love to kno this

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    2. If that's the case he would've been dead gtfoh

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  15. If he were to be released (which wouldn't happen because he still has time to serve from his 1990's conviction/s) he would probably find a way of disappearing regardless of if his release was public. If that ever happened, the chances are he would be captured quickly.

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  16. Dr Mirels was armed with a chicken leg, that made el castillo de cagada wag his tongue and his tail like a dog, also he could not steal with mireles and his people on the way...
    --El chapo is on nobody's way...
    --pena nietos sexiness is already over...mexican terrorists are showing up all over the world at embassies and consulates, and public functions of mexican foreign service to popo on them, the mexica army has fixed the bayonets and is just waiting for the order of the El Jefe Maximo to charge the rabble again and re-establish da rule of the Law, emilio chuayffet's law, the law of herodes:
    "aqui te jodes" (here, you get all fucked up) before going back to "el ano de hidalgo, chingue su madre el que deje algo" ( "fuck him, who leaves anyting behind" )
    emilio chuayffet said when he came back to serve mexico a a secretary of educaishun that he would put in prison anybody that made trouble and would not submit to "the rule of law" so beloved by those tht make it up their wa, but can't respect and much less observe it themselves...
    --i don't see anywhere mention of the butchering ways of pena nieto, el pri or chuayffet, but one former associate of chuayffet was murdered on the street not long ago: "general" mario arturo arrollo chaparro escapite, who wa in carge of carrying out Acteal murders for governor ruben figueroa alcocer, as ordered by emilio cuaffet with help of angel aguirre and mexican president ernesto zedillo, war criminal professor at yale U...
    --After having earned his stripes murdering indians and farmers at the Aguas Blancas massacre for then governor RUBEN FiGUEROA FIGUEROA, to teach the indians a lesson...
    --the damn school class never end, on the state of guerrero, because we do not point fingers long enough to the Massacre Professors, now spred all over mexico

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  17. Chapo will not be extradited. There's too much to lose for the elites in Mexico.

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    1. Don't forget the US was protecting him also!

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    2. Fabito ochoa was extradited to the u.s

      Ochoas were bigger than chapo no doubt

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    3. Ochoas supplied everybody n were probably wealthy than chapo but I mos def know chapo has more power

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    4. Yeah you might be right. Although don ochoa never spent a day in jail and chapo has spent many

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  18. And here come the chapo nut swingers.......

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  19. Judicial honesty in SINALOA? Har har har har har. When an employee disagrees with his employer he is "FIRED"! The juez knows this all too well.

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  20. He will not be release people!!! Remember Caro Quintero is cleaning the house.

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    1. Quintero ain't cleaning shit!! USA is on him already

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    2. Caro quintero is not doing anything hes to old hes not cleaning nothing but enjoying his last free days!!!!!

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    3. EL Nuevo director

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  21. If Mexico is as corrupt I believe there is no way Chapo will stay in prison more than 5 years. I feel the Mexican government is the most corrupt government in the world. Come on EPN don't prove me wrong!!!

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  22. He will be released person @10:26......along with mayito gordo amd then they will "die" so they can bounce and enjoy what they made

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  23. @ will wait at least 10 years before they arrest Caro Quintero thats a given just look at Chapo and Bin Laden how long they we're on the run for

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  24. Why do people idolize this peace of shit coward? Por eso esta mexico como esta.. puro lambe huevos glorificando este pendejo!!

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    1. I am with you . Human garbage . The dumbasses that idolize this piece of shit are like minded and will die young or spend most of their worthless lives locked away . Fools . Some people have that dumbass gangster mind set .

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  25. 9:22 we have to chose, and el chapo is 1 000 a better person than epn or anybody on epn's cabinet, there is no contest there...

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  26. General mario arturo acosta chaparro escapite, the murdering sicario of governor ruben figueroa figueroa, of governor ruben figueroa alcocer, and of emilio chuayffet, trained on murder and disinformation at the school of the americas in the US, finaly murdered on el DF by his own comrades to keep him from spilling the beans...
    --Emilio chuayffet chemor, lebanese criminal, knows more murderers than he needs to help pena nieto save mexico...

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    1. You seem to know alot of info my friend, makes me wonder how...can you tell me anything about Javier Garcia Morales.

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  27. A piece of shit dnt com frm a 4th grade education to millions, mad bitches, mansions, & to the apex of the narco game!!! A genius knw tht!!! And if he has been murdered since bein born & while on the run for 13yrs!!! Cuz none of the bad ass cartels present had him hit!!! Last I heard!!! EL CHAPO was caught by Mexican military wit the help of C.I.A!!! When its all said & done!!! EL CHAPO will b freed by Mexican government!!! 2much power & money!!! He had Mexican government & sum C.I.A. agents in his pocket!!! And will neva b extradited 2 the U.S.!!! He knw 2 much bout 2many high profile people in high places!!! Who was all on the payroll!!! FACT

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  28. A piece shit dnt com frm a 4th grade education to the apex of the narco game, millions, mansions, cars, trucks, planes, mad wives & bitches!!! A genius knws tht!!! Mfs cn hate or call EL CHAPO whteva!!! But he made mo thn any mf commentin!!! Shiiid EL CHAPO is the reason mfs is commentin!!! And 2 those who think he will b killed!!! Wht makes u think tht if hasn't been hit since he was born & while on the run the last 13yrs?!! Cuz nan bad ass cartel tht is present hit him!!! EL CHAPO will b freed by the Mexican government!!! 2much money & power!!! EL CHAPO had Mexican government & sum C.I.A. agents on his payroll!!! Last I heard the Mexican military is who caught EL CHAPO wit the help of C.I.A.!!! He will neva b extradited 2 the U.S.!!! He knws 2much bout 2many high profile individuals in high positions who was on his payroll!!! EL CHAPO will b free!!! But the elite individuals who was acceptin his money!!! Will strip EL CHAPO of most of his money & most if not all of his power!!! Just sit back & watch how shit play out!!! I did my research!!! Do yaws!!!

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