Monday, February 8, 2016

Judge put the lid on names of cooperative witnesses in El Mochomo Trial

Lucio R and C.E. Martinez for Borderland Beat

Last week the court made public a ruling against Alfredo “El Mochomo” Beltran Leyva, regarding  several motions he filed with the court 5 months ago, including the request for the identification of cooperating witnesses be made available to him.

The case against Mochomo has some peculiarities noticed when reviewing transcripts, motions and other filings.  For one, there was only a bare bones indictment filed against him after his extradition was approved. He was not a part of the long standing indictment against his brothers and other BLO membership. 

Secondly, the evidence against Mochomo, is mostly based on the expected testimony of cooperating witnesses, who they themselves have been known to engage, in the same criminality that Mochomo has been charged with, and one witness is known to have been the leader of an enforcement group. 

The following was included in the motion filed on behalf of Mochomo:

1. A review of the discovery generated to date and representations by the government indicates that the overwhelming majority of evidence to be presented at trial is derived from confidential informants.

2. Witnesses who have provided information to law enforcement did so after they were either charged or told that they would be indicted unless they agreed to cooperate.

3. Mr. Beltrán Leyva seeks to interview each person who gave information to law enforcement who falls within the category of confidential informant regardless of whether they will be called to testify at trial.


4. The confidential informants used by law enforcement may be biased against Mr. Beltrán Leyva.

5. The identities of the informants are necessary to the defense in order to investigate bias motives to fabricate and to cast doubt upon the credibility of certain witnesses.

6. Mr. Beltrán Leyva seeks useful and relevant information that cannot be learned without a disclosure by the government. There is no reason related to security to withhold this essential information. Mr. Beltrán Leyva’s due process rights mandate pretrial disclosure of the identities of each confidential informant who has provided information to law enforcement.

7.  Because there is no physical evidence linking defendant to the conspiracy, the United States has had to rely upon individuals actively engaged in criminal activity and individuals seeking compensation as the means of structuring the indictment herein.

Argument:

Without disclosure of the informant’s identity and the ability to interview the informant or call the informant as a witness, Mr. Beltrán Leyva might well be forced to testify in order to try to establish that he had a lack of knowledge or intent. Where the informant is a participant and material witness to the crime charged, as is applicable herein with respect to certain government witnesses, forcing Mr. Beltrán Leyva to testify or depriving him of the right to interview or call such a witness constitutes a denial of fundamental fairness, and violates both his Fifth Amendment right to remain silent and his Sixth Amendment rights to confrontation as well as to effective assistance of counsel.

If the defense is not alerted to the identity of these witnesses in sufficient time to conduct a thorough investigation, Mr. Beltrán Leyva’s right to confront his accusers will be severely prejudiced.

Below is the notice that the request was denied (click on image to enlarge)

Three other “relief” motions were filed 2.8.16

1.  Defendant requests a weekly hair trim and shave, during his trial

2.  Defendant requests permission to wear street clothes during the trial

3.  Defendant requests sack lunches be varied instead of the 2 pieces of bread and cheese

Apparently, he had concerns of constipation.



2.9.16 Judge Leon Rules on motions filed by Mochomo (above)


Defendant's  motion for clothing is DENIED

Defendant's  motion for more varied meals; heard and taken under advisement

Defendant's  motion for shave and haircut during trial is DENIED

Read preceding posts relating to this subject:

The U.S. Trial against EL Mochomo begins February 16th 

The U.S. Case against Alfredo "El Mochomo" Beltran Leyva  

105 comments:

  1. Poor Alfredo, you did everything right just for the wrong people. Zamabadas and Guzmans have been exposed as cowards but no one was rver able to do that to the Beltrans. Fucking snitches, if you can't do the time don't do the crime! Pussies!

    ReplyDelete
    Replies
    1. 7:19 do you want ME and only ME or everybody to believe that:
      The Guzmanes and the Zambadas are somehow making the US Government (AT-THE-FEDERAL LEVEL) Prosecute Alfredito el Mochomo
      Beltran Leyva stripping his rights all over?
      --peña nieto has every reason in the world to do that, peña nieto and televisa worked with the BLO, not el chapo or el mayo, peña nieto betrayed el barbas for all be was worth, after getting Alfredo BL...

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    2. The NSA is for the protection of the US, not for the protection of animals foreign and domestic and to keep them safe from prosecution and from being tried by a jury of their "peers", unless the NSA is a tool of the enemies of the US...
      --Only bill clinton's ass has been raked in the coals, and then obamanos' but not because of drug trafficking, not yet...

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    3. Just remember dont go to jail dont pc up again.

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    4. Los 6 Caballeros sinaloenses echos you derechos. Asta la fecha Ningun betran se a rajado.vivos of Muerto pero bien firmes. Alfredo limpia el Camino de madrinas

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    5. Poor Alfredo? You're an Idiot. The Beltranes, the Arellanos, the Guzmanes, the Zambadas and a handful of other cartel leaders are all in jail. So what are you talking about, "they snitched" part of the drug game is buying government officials, and when you pay them that means they're at your disposal. They are no longer for the people, at that point they work for the cartel... and I could guarantee you every cartel has government officials on their payroll.

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    6. Well these beltranuses seem to have been IN the corrupt politicians payroll, like the zambos and the guzanos, then they wanted to quit "faking it" and to take all of the bizzness and use cheaper help, read the tea leaves...

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    7. Funny how guys talk shit on here...Wait till you're facing hard time...There's no honor in that world..The smart guys, like the Zambadas make as much as they can, till they either get whacked or arrested. Then turn evidence on their enemies, and competition. The Mayitos, and Chino will do their time, and walk out rich, and ALIVE. The BLO, Zetas, CJNG, Colombians,ALL do the same thing.

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  2. I'm wondering if this is to protect witnesses and I'm sure they were consulted on this and they most likely said they wouldn't come forward[don't blame them].I guess we won't know either til trial time.

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    1. I swear The trial should be moved to Australia, not to keep it away from Chivis, but because KANGAROO COURTS BELONG THERE, unless they are just only trying to railroad el mochomo to keep peña and his "PRIminal peñabots "safe" from this criminal prole

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    2. So are the witnesses gonna show up o what

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    3. Did you see ordered denied? Verbotten, forbidden, no way jose.
      --El mochomo is lucky he has no been waterboarded on the US yet or applied la chichicharra en el overthere, and because of his barbas he only qualifies for rectal feeding twice a day...
      --Guantanamo is going vacant for a while, prison can be replenished with mexican narcos who speak NO "inglish" to keep'em from talking to reporters...

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    4. The cooperating material witnesses are sittingredients in jail awaiting their being called to the stand. The feds don't usually let them run free all Willey Nilley. The gag order is to protect their families.

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    5. canadiana
      i don't understand the point, what difference does it make? once they are on the stand everyone knows. even before. no one twisted an arm of these "witnesses" they went into it asking for a sweet deal. If you know the history of mochomo, the witnesses are as bad or worse.

      I am not opposed to government witnesses, if there is ample evidence to prove the charges, and if the witnesses are not a group of badguys that took years and millions to bring to the US to prosecute, but it looks like there are several that will be testifying because they have so little evidence. He, even today, does not have an indictment, not a real one, just a boiler plate grand jury 2 page nonsense. No particulars are in the 2 pages. i THINK WE are giving up too much. Plus they are charging him with drug conspiracy for the years he was incarcerated in Mexico.

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    6. I was just thinking of safety of the witnesses.There have been cases[although rare]of witnesses being knocked off before testifying in a Mafia trial.Maybe it isn't fair to the defence as they need time to prepare a defence or maybe they are just gung-ho to prosecute.I wonder how long this trial will last with defence having very little time to prepare from the secret witnesses.Please keep us updated on not just the details but your opinions on things as to what is normal or not in this trial.

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    7. Thanks,Chivis.

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    8. I think the US has way too weak of a case to share witnesses. I think USA is scared that he will beat the charges if he's given a fair defense.

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  3. Pussies son los beltranes que se la pasan con los z corriendo como a los beltranes los sacaron de mazatlan andas furiosa si le arde pongase pomada pussies beltranes

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    1. Idk what you are talking about blo and zetas are in sinaloa ... The ones who run from a fight and hide behind the military are those pussies from chaputos click, i guess this asshole is still a believer in those stupid ass corridos

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    2. Isidro has been losing power for a while now. He only has the northern part of sinaloa under control and he'll probably lose it based soley on how much depth CDS has and how it's structured. And the Zetas remind me of those hyenas from the Lion King....leeching on to one leader when they themselves are worthless and weak. Fuck the Zetas theyrr done. They tried invading Culiacan and they just didn't cut it. Didn't last even a month

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    3. Kick back Sinaloa cartel lover. The Beltran cartel made alliance's with Zetas and Juarez because they ain't stupid.Its about numbers foot soldiers, what you think sinaloa fights by Itself they have others cartels like golfos la familia.

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    4. 5:29 Zetas have been done for awhile or at least that's what the CDS fan club would like you to believe. The reality is the Zetas are every where putting in work for their allies. BLO have Zetas at their disposal in Culiacan and they have hit quite a few CDS targets. CDS fanboys would have you believe it's an internal conflicts but no it's the BLO/Z connect putting in work. Trust they are both going strong.

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    5. Strong at hitting and running. So your saying CDS ain't never put no work in on blo or zetas. in Durango CDs whooped that tetaz ass and blo losing ground. they had Los mochis what happend? They had Mazatlan what happend? Chapo got caught in both places why? Cause they took over. You boo fans and tetaz are lames

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    6. Zetas now have a presence in almost if not in all the states in mexico, they took over half a country in a relatively short amount of time .... I dont think they are weak at all but if you guys that just cant imagine your precious sinaloa cartel going down then i suggest you stop paying attention to the news because all youll see is how fast they are falling apart ... Dont forget the gulf cartel was the most powerfull in the country and now they are left with just a hand full of plazas, thats what betraying those loyal to you gets ya

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    7. BLO? No one significant is left of thats cartel besides Isidro who cannot step foot anywhere in sinaloa besides the north. Never thought I'd see a Zetas fanboy. They're trash and so are you. Sinaloa para los sinaloenses, y asi sera siempre aunque les arde a los Zetas corrientes

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    8. If Zetas were in culiacan we'd know about it by now

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    9. Borderland Beat: Zeta Operator arrested in Culiacán Sinaloa

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  4. Mochomo has more power than chapo

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    1. Yeah thats why he was arrested s nd extradited and all his brothers in jail

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    2. You are not following the story line. Mochomo was givn up by Chapo. Chapo snitched.

      Bro Hector is a doofus
      Bro Arturo is dead

      Mochomo was a loved leader and a huge threat to his enemies. so i guess one can say the power potential was graet

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    3. And let's not forget the Flores brothers Chivis..I don't see anything about Chapo

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    4. Exactly chivis....they didn't let Alfredo "develop" he was on his was to surpassing everyone. But the snakes known as el chaputo and momia Zamabada couldn't deal with that they had to get rid of him out of fear. It's the mexican cartel equivalent to that old man in Godfather trying to kill Don Corleone when he was a kid to avoid an attempt of revenge

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    5. Carlos was the dufus, Chivis. Hector was a calm, strategic man. Do you have any info on the 2 remaining brothers Beltran? They are never mentioned, Hamberto y Mario Alberto.

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    6. The US is helping epn feel safe with el mochomo safely away in prison on trumped up charges, the US has made epn the new godfather of drug trafficking because epn is their "niño santo pemex" and other 'vendepatrias' qualities...

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  5. Fucking Zambadas and Guzman. Mayo que pinchi mierda de jente tiene cabron. Clean your house or else.

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  6. Just tell him where they are and who their loved ones are . No problem he just wants to better defend himself . Yea right ! Truth is a jury will understand about these guys being let off the hook . Let the jury decide his fate . Maybe they are incredible witnesses . If so the will let him walk .

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  7. el vicentenillo zambada might be a testifier...he's the U.S governments star witness against el chapo once he's extradited to the u.s...

    ReplyDelete
    Replies
    1. Maybe we might have a surprise and Chapo shows up testifying after a quick extradition.How's that for a shocker and star witness that can't be named?

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  8. The witnesses are La Barbie, Chino Antrax, all the Zambada boys. With a special guest appearance by El Chapo himself. I honestly can't see them convicting El Mochomo on circumstantial evidence that he conspired to traffic drugs into the US. Weirder things have happened though.

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  9. Any guesses on cooperating witnesses;-)
    Come on BB readers dont leave me hanging

    ReplyDelete
    Replies
    1. it is outlined in the previous parts of the series. the zambadas-el rey, sera, Vicente and chino antraz

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    2. Don't forget LA barbie

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  10. I never knew who where the first ones to use the Polo boots, Nautica and Tommy Hilfiger polos shirts, the fade haircut and all that "swagger" was it CDS or the CDG/Z???

    ReplyDelete
    Replies
    1. All the narco trends start in Culiacan so CDS

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    2. They should bring back the Versace silk shirts from the 1990's.like nacho coronel.They were like 500.00 back in the day.

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    3. Naa i say gulf just cuz they closer to the US....plus its oldest

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    4. Don't make me laugh 4:15....it's well known all these narcos look up to sinloenses

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    5. And the Sinaloenses look up to the US mob bosses. Where do you think the mafiosos got their gear? They sure didn't buy it in Sinaloa. They came to the US to buy it.

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    6. most trends and change in clothes come from new york los angeles houston and or paris and italy example man bag also know in mexico as mariconera that trend came from over seas old continent,,,, shoes italy...,, shirts tatoos does Ed Hardy ring a bell.... trends come and go in the rio grande valley guys are still wearing the polo ralph lauren brown duck shoes i wore those shoes in highe school twenty skmething years ago the trend has never left in this region south of the river matwmoros reynosa area..... so no not cdg not sinaloa perhaps hollywood true religion jeans are seen on a lot of narco peliculas expensive jeans..... everything in mexico that is a name brand nike levis arepostale sverything. nam rand will be bought in mexico new or used big market for namebrand clothes the quality is by far compared to clothes sold in copel and or soriana and their clothes are expensive and cheap quality...... my opinion go to outlet mall in mercedes texas youll see mexican plates with toms of clothes going south brand new name brand ok im out

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  11. So what about the article bb did exposing the zambadas as snitches

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  12. Interesting.. Specially da part of Violating his Constitutional Rights.. Hummm.. Should be an interesting Trial.. Hope we can follow up on trial.. Thx BB..

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  13. El alfredito betran anda jalando maciso aya en culiacan. Asi k el sea sapo le van a chingar toda la famia.
    El mochomo sigue pensando

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  14. No se me aguite compa viva los Beltran who's going to respect the zambadas how can they walk around and look at them selves! Fuckin cowards!

    ReplyDelete
  15. Zambadas and Guzmanes = green light

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    Replies
    1. Its just the zambadas

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    2. Guzmans ain't testifying it's zambadas and LA barbie

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  16. Everyone in Sinaloa must be real proud of these zambadas pussies!

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  17. Pinche jentesita coriente Zambada!

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  18. Rat man Mayo is shaking in his boots as we speak!

    ReplyDelete
    Replies
    1. Na mayo is a cia operative ... How else can anyone explain why he is the only one the gov. Isnt going after

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    2. Good point. Not farfetched at all

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    3. Nah, he is an informant for the DEA. That's why he hasn't been touched. CIA operative is utterly makes no sense. What can he offer the CIA? He can offer the DEA a wealth of info and that's why his sons will spend just a fraction of time in prison.

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    4. Vinnie zambada niebla demanded his CIA partners come and testify in his case in court, had to settle for ONE BILLION DOLLAR FINE AND 25 years, por pendejo, they was supposed to deal only when told, not whenever they wanted, the CIA did not send the flores brothers a chingar al CDS, it was DEA...

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  19. Oh but we will know when bodies end up in alleys

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  20. That's some bullshit!!! Let it be known to everybody on who's snitching, that way the Snitchaloans can see their daddy's for what they are...(cowards, pussies, snitches)

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    Replies
    1. I don't think snitching is bad, on the contrary it is a very good business, but demonizing your former masters and friends like the BLO, THE GUZMANES, THE ZAMBADAS, LOS TORRES, EL LAZCA, after they made you rich is more cowardly, and for pendejos to believe...
      --demonizing el bronco rodriguez, AMLO and el bertie boy moreira is ok, even if they are real saints, which their own mamas don't believe...

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    2. Put a sock it in 9:45. Thy shall not snitch is the 11th Commandment. If didn't know, now you know.

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  21. Lucio & Chivas,

    The lawyers for El Mochomo just need to read Borderland Beat about all the searches you guys did on the B.O.P. websight trying to find the Zombadas and Chino and all the other inmates to no avail. Borderland Beat did all the work in finding the witnesses.

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    Replies
    1. You are right, and I am sure they have a good idea who they are, but blindfolder defense is not the most effective.

      After Mamito testified against the trevinos in the race horse money laundering trial. Aftr it was said and done I heard a rumor that Mamito was in Tamps. I searched for him in BOP and he was gone. I surmised he was in WP serving whatever deal he cut.

      Latr I began searching all the Sinaloa players and asked Siskiyou kid for help. They were all out of BOP. we know they are not in Marshalls custody because that is used only pretrial. Rumors of Vincente and El Rey were going to testify against mochomo.

      I don't place value on witnesses that are enemies, that is ignorant

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    2. It's LA barbie

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    3. I have also searched in bop in curiosity and I couldnt find the zambadas no where. What does this usually mean? Are they out some where as c.i's?

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    4. I did think of La barbie and how fast he lead guilty. but three months before trial is cutting it close. But its a possibility, and who would know more? But the point is all the evidence is cooperative witnesses who are incarcerated, I wonder what was so valuable about mochomo that the state gave up so many to prosecute him, by giving light sentences. Think of the years of gathering intel and searching what that cost was....VZ makes sense because he had so much against DEA. But the others? But we don't know for sure who and how many. I can't see it is the flores twins. but anything can happen.

      Poor Mochomo! afraid the cheese sandwiches will constipate him :) That was the funniest motion I have read in a long while. (motion for relief)

      back to Barbie, he began snitching long before his arrest, so it is feasible his deal was sealed with info he gave prior to extradition.

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    5. PS
      I learned a lesson from the Zetas trial. Fed Prosecutors are over zealous in some high profile cases. in the zetas trial one found not guilty, another exonerated on appeal and other got a new trial. and they gave sweet deals to a few bad guys in that trial. including Mamito

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    6. You should say INFO and $$$ mean cases and convictions are dropped and amended!

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    7. Hopefully, no deal will be cut|!
      Need to shine the light of weakness and shame on these high profile RATs!
      Show the low IQ gangbangers their heroes are the lowest scum!
      Put your brains and energy to legal biz and you will be surprised how successful you will be!
      Yes, it will take time and perseverance, but the the brain power and effort you put into it will pay huge dividends!
      Fact!

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    8. Chivis,

      Do you think it's possible Mochomo makes sort of deal during the trial? Does Mochomo have any money or assets to give the US Government?

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    9. What is so sexy about railroading alfredo beltran leyva, is to keep his ass away from peña nieto's at least three more years,

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  22. Hey BB excellent work on the Mochomo series. It is much appreciated

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  23. Chivis is a cds player hater

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  24. Gag orders mean nothing in a complete state of corruption. Highest bidder gets the info.

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  25. All you guys at bb including the publishers like to go after el chapo y el mayo yet have u been to sinaloa no i tought so heres the deal other than guasave and ahome the rest is run by the guys you guys hate chapo and mayo

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  26. Dude it is true beltranes got smoke by cds in mazatlan get it straight mentado chivis have u even been to sinaloa

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  27. Beltranes para bajo que se los echen a todas esas ratas i la mas fea. A la isidra digo isidro

    ReplyDelete
    Replies
    1. Pobre vato das lastima apoyando a soplones cds

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    2. 5:24 mija, todos rajan leña todos son chivatones, ya escoge al que sea, nomas que tenga pa' la boda.

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  28. Isidro quiso traer zetas pa culiacan i que paso se los echaron si se nota de lejos los mugrosos como van a llegar i ya deja de llorar porque te sacaron de mazatlan

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    Replies
    1. Estas que rebotas de idiota, Mazatlan y gran parte de del norte de Sinaloa es de los Mazatlecos. Que Zetas ni que nada aquí somos puro Hs no Z's. En Nayarit allá si andan laborando juntos los B's y Z's pero en Sinaloa no!

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    2. Hs i isidro ya no lloren que en sinaloa el que rifa es del salado hs haha what a joke

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  29. I thought chapo had bad fashion. mochomo evenworse

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  30. When Mochomo walks free he's gonna put everything in order....so watch out everyone in culiacan. No ones is safe, not even isidro. I doubt Mochomo would approve of him bringing Zetas into sinaloa his home state.

    ReplyDelete
    Replies
    1. El mochomo is the one who made the truce with the zetas

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    2. That was Arturo after Mochomo was arrested and they separated from CDS......why would he make a truce with Zetas while working for Chapo

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    3. Finally someone speaks the truth mochomo worked for chapo get it straight

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  31. I'm surprised mayo hasn't come out of the cave to testify against him too... lol

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  32. The judge already ruled on his motions filed this week

    they are not allowing him to wear street clothing, he must wear prison jumpsuit

    he is denied weekly hair trim and shave

    his cheese sandwich/constipation fear is still under consideration

    a couple hearing transcripts are unsealed today, they are not up yet but when they are I will take a look and see if there is anyway interesting. trial will begin on a week from today on the 16th

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    Replies
    1. Great job on the updates chivis! Keep up the great work.

      Delete
  33. another witness possibility is La Barbie's FIL. Remember he began spilling his guts in Mexico, and was extradited with edgar

    Carlos Montemayor González

    EL Chapo's FIL was also arrested but the U.S. has no extradition request for him. That is surprising, as he headed trafficking through Sonora to the U.S.

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    Replies
    1. The defense lawyers not having access to the witness list makes me think they have a weak case and are trying to scare Mochomo into taking a plea of some sort and give assets & money or information.

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  34. look anybody who has remotely followed the BLO knows that the, bajo lo que cabe, of Mexico drug trafficking families are the ones that most resemble the Godfather Corleones .with Arturo being Sonny, ofcourse, Hector being Fredo (it's a little harsh on hector but we're talking comparisons her remember,)and Mochomo being Micheal.with the GREAT difference here of a super snitch named chapo that got Mochomo arrested n thus the very short reign ,unlike Michael. think about it.

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  35. My guess is La Barbie provided testimony on his activites in MX and the Flores Twins are providing intel on the US side of the business. The Zambadas don't have incentive to turn on the Beltran Family, MZ didn't want problems with them. The Guzman clan is said to not have problems either. Could it be EPN and his buddies in el DF, de Gortari and the Lebanese guy wanted the Beltran Clan out of their "territory"???

    ReplyDelete
  36. Why not just dress el mochomo like a cockroach?
    --Looks like the US government just want to hang a GUILTY SIGN ON HIM, I don't know if the idea is to make it easy to appeal and let him go for the illegalities and irregularities on his trial, and no pleas seem to be on the table, epn really really does not want el mochomo around, his chicken ass is real affraid of that, like el mochomo is his only enemy, pobre cabron...
    --Even the biggest of the worst nazis were loved decent treatment...

    ReplyDelete
  37. arriba La Mochomera

    ReplyDelete

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