Wednesday, September 6, 2017

litigation update of Joaquin "El Chapo" Guzman

Chivis Martinez for Borderland Beat


A press release from Attorney Eduardo Balarezo, announces he now formally represents Joaquín “El Chapo" Guzmán.  

In the press release, Balarezo gives his first statement as Chapo’s attorney. 
Mr. Balarezo has represented many high profile defendants including Zhenli Ye Gon and more recently, Alfredo Beltran Leyva.

William Purpura the attorney in the John Gotti Jr case, will also represent Chapo.

In the statement, [see below] Mr. Balarezo  projects the trial will last apx 3-4 months

Other case news:
  • Files for dismissal of indictment
  • Chapo says U.S. prison is torture; that his treatment is the worse in the U.S.
  • Still denied visits or phone calls from wife and family
  • No contact counsel visits
  • Accused of shipping 181 million grams of cocaine in U.S.
  • Eduardo Balarezo and William Purpura are now  formally representing Guzmán
Chapo is “subjected to torture”
Each incarceration of Guzmán, has resulted in his and his family claims, that he was being confined under inhumane conditions.  Going further saying his life was in jeopardy because of the treatment.

His regard for his confinement at U.S. Federal Prison in Brooklyn New York is no different.  He has issued a barrage of complaints, during his tenure at the Manhattan Correctional Complex, including claiming he’s being held under “the worst, most restrictive conditions of any prisoner currently detained” in the entire United States.  His wife even contacted the Human Rights commission to request an investigation. 

All that said, his special confinement conditions, are very restrictive, whereby the government is using tactics rarely used, reserved mostly for terrorists.


Guzmán, has not been allowed to visit with his wife, via phone, in person, or any other means.He has had very limited visits with a couple of his family members, and that was allowed in order to determine the best course of action regarding representation.It is the position of the government that visits could lead to a security breech and flight risk, pointing to the two prison escapes Guzmán successfully made while incarcerated in Mexico.


Guzman was also denied contact counsel visits

It is the government’s position that contact visits are not constitutionally required and are a security risk. 
“The non-contact requirement imposed on Mr. Guzman by the BOP impermissibly burdens his Sixth Amendment rights to counsel and to participate in his defense, and his Fifth Amendment right to access to the courts.”
What is SAMS?-Special Administrative Measures, No contact attorney visits

In requests for Special Confinement Conditions, the U.S. Attorney General may direct the United States Bureau of Prisons to use "special administrative measures" regarding housing of inmates, along with correspondence and visiting restrictions to specific inmates. It includes prisoners awaiting to be, or being tried, as well as those convicted. These special restrictions are imposed when it is alleged there is a "substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons”. Measures are then used to prevent acts of violence or terrorism.

One can see why this provision is  controversial, as it allows communication monitoring of a prisoner and his attorney.

As of May 22, 2009, 44 out of 205,000 federal inmates were subject to SAMs, 29 incarcerated on terrorism-related charges, 11 on violent crime-related charges and four on espionage charges.  Well known individuals who have been under special administrative measures include American Taliban supporter John Walker Lindh and mob boss Frank Calabrese, Sr. and Dzhokhar Tsarnaev, Boston Marathon bomber,  who was never granted permission to speak privately with  his attorneys.


Dismissal of indictment-Defendant’s argument

Rule of Specialty is a principle of International law, where a person who is extradited to a country to stand trial for certain criminal offenses may be tried only for those offenses and not for any other pre-extradition offenses.

Guzmán intends to file a motion to dismiss the indictment. His argument is that the prosecution in this district violates the Rule of Specialty under the extradition treaty between the U.S. and Mexico.


Guzmán has requested certain extradition-related documents integral to his intended motion. Specifically, he requests an unredacted (unedited) waiver of the Rule of Specialty from the Mexican Government, and all related documentation including communications between the two government, all superseding indictments, and grand jury transcripts, plus any and all assurances by the U.S. or requested by Mexico.  Guzmán had requested the documents “several times” without compliance.  He now has moved to compel the production of the documents, which the government opposes.

The defendants briefing reply for dismissal is due on September 14.

Read statement below

78 comments:

  1. #FREECHAPO...y arriba mi Sinaloa compas de la sierra....

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    Replies
    1. Personally I would have gotten Johnny Cochran. The proof is in the pudding

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    2. That would be a very quiet litigation.

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    3. Johnny Cochran is dead, stupid

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    4. 5:11 I wouldn't be surprised if he meant to say O.J. Lmao

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    5. Lol made my day. 5:11

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    6. 5:08 made mine! same message, smarter, polite presentation

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    7. por una coperacha pa la pader del trompaz sela libre la chapa, some investments in towers and casinos would be nice too, after all i suspect sinaloa, sonora, arizona pennsylvania, new york and new jersey are in cahoots with the CDS since the 80s and probably from before.

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  2. How much did Zhenli Ye Gon and Alfredo Beltran Leyva pay for his legal services, and what were the results?

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    1. Zhenli ye gon is not in jail no more he's gone lol he was in the states a few years though but doubt chapo will have same results. Alfredo didn't get a good deal and I'm sure chapo will get life. Everybody knows chapo so their going make him an example

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    2. Why do people lie on BB so much? Zhenli Ye Gon was extradited from the US to Mexico after spending 9 years in a US prison not a "few years moron." He is in maximum security prison in Mexico. He isnt going anywhere soon. He was never released like 8:16 is claiming.

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    3. ok 8:28 it is you who is now being lacking.
      He was in the U.S. for 9 years because HE ELECTED to be in the U.S. fearful of Mexico. He tried every legal maneuver to avoid extradition, he was never convicted of anything, and is yet to be in Mexico.

      " A. Eduardo Balarezo vigorously litigated this Brady issue before the Honorable Emmet G. Sullivan. As a result of the efforts of Balarezo and Retureta all charges brought against Mr. Ye Gon by the government of the United States were dismissed on August 28, 2009

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  3. Chapo is done, el Mayo was and will be the real Don.

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    Replies
    1. Just as long as he stays in sinaloa he will be fine.

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    2. Mayo is the biggest snitch of them all that's why he's still in the game with even with all his kids locked up in the U.S giving the feds info Sinaloenses puro habladores

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    3. Shut up stupids you dont know shit things stay the same the there will only be a change of command the Cartel will be run be flaco on behalf of the Zambada clan and Ivan Archivaldo1 has full control of the Guzman faction with the blessing of his father don mayo and the backing of his uncle brother and associates

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    4. 10:51
      Don Mayo sigue rifando, aun keep te arda. Y cómo dice el compa mientras siga low key, y pagando a quien tenga que pagar aya arriba (es negocio y la feria alcanza para muchos inluso los weros).


      Puro DGO SINALOA Y SONORA pariente

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    5. 12:35 ivan has no control of the guzman faction. Guano is the 1 in charge

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  4. at 5:05 PM chapo no va salir pero sigue con la fantasia chiquito.

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    Replies
    1. El chiquito prestas.

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    2. 7:42 looks like the chingaron chiquitin, por pedorro.
      eso te sacas por andar de caliente...

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  5. I think it's unfair to tell Chapo attorneys that the USA gov't will come after any money they receive from Mr Joaqin El Chapo. The gov't has unlimited money to make their case, Chapo should have the same amount to make his case. The gov't does not want a fair fight, they fear what it would do to their case. It's called railroading here in the states. They railroad people off to jail daily because most do not have the money it takes to make a good defense.

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    1. They can let chapo pay for top 100 lawyers in the world, they can let him spend all his money on lawyers if they want, he's still guilty beyond reasonable doubt, railroaded or not he's going bye bye!!! Govt aint scared of chapo at all!!!

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    2. They just want him to plead guilty so the details of former and ongoing agreements don't get out in a credible manner. So they don't want him to have lawyers he's confident with.

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    3. Hahaha! It is unfair for the people Chapo sent to get killed simply because they wanted to grow rich like him also. Think about that asshole!

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    4. la chapa is dangerous because he knows a few thingz about his partners on the US, el Vicentillo Zambada Niebla was refused his witnesses, because the CIA don't testify no matter what...

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  6. As long as el trumpas is pres these guy will never get out

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    Replies
    1. Comment like this make you the dumbest person alive. The du does trump have to do with this! Chapo is a guilty mofo, he's spending the rest of his life in jail no matter if your momma was president!

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    2. 8:36 funiest shit i have ever read in this blog

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  7. Everyone has a PRICE, with that kind of money, and what chapo is risking. I would go to extreme limits , to not die in jail.. this includes buying the judge/juror/jurors if I had to. I mean, look at OJ, he was black, and MURDERED a WHITE woman... RIP NICOLE BROWN
    VIVA LA SIERRA MICHOACANA

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    Replies
    1. OJ murdered his former wife's boyfriend too, but was found not guilty, the worst part is that it happens por andar ahi nomas de calientes

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  8. You are 100% correct on the unlimited funds .... it's the full faith credit line of the American tax payer... plus the unfortunate 18 trillion bloated debt

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  9. what happened with jeffrey lichtman? he will or not represent chapo?

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  10. The defense contention about the rule of specialty is similar to mochomo's. that would suck if it worked in this case when mochomo's was a stronger defense with respect to the extradition.

    seems like a conflict here with balarezo representing both mochmo and chapo. or maybe it is a set up for appeal?

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    Replies
    1. i object to he change of venue, kangaroo courts should be held in Australia.

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    2. More like setting up a mistrial.... Chapo has enough money, and chips to play to stretch it out...the longer he stretches this out the more likely of getting less time in SuperMax..but doubtful..

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  11. Just listen to the corridos or songs. That is enough to put him away for life.

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    Replies
    1. Songs praising an individual are not grounds for guilt. It's hearsay in a court of law and circumstantial. May as well go after the bad wolf in Little Red Riding Hood!
      Just trying to make a point. Not ridicuing your rationale.

      E42

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    2. you are ridiculous anyway, dear.

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    3. E42, are you an attorney?

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    4. Sorry Everyone. Chapo is not Guilty until he has been to Trial and they find him Guilty. This has to be proven. If there is any question, you must acquit.

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  12. Isn't that funny!
    Sorry for not giving you the freedoms and privileges you once were given from your associates in Mexican prison.
    Best to hang yourself if you can't bear the pain!

    E42

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  13. OJ was loved by white people (fans) all it took was for oj to say was "I'm not black, I'm OJ" chapo will not have that luxury, trump is brain washing America to hate Mexicans, specially the bad hpmbres lol viva Mexico!!

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    Replies
    1. 7:29
      I hate chapo and trump has nothing to do with it . I know of daca's that earned their citizenship that voted trump . Everything gets taken out of context . There is no open border policy . Its got nothing to do white skin brown skin . Its about the law dumb dumbs

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    2. daca's don't have citienships, no pathway. Obama said it was not a partway to citizenship.

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    3. Obama was untruthful when saying that. and he began with his famous set up phrase, "LET US BE CLEAR, no amnesty, no pathway to citizenship"

      What real news is that in fact there are several loopholes, including marrying a citizen, but this has to be done out of U.S. as a 'extreme hardship case' and rec green card out of the U.S. and then is allowed to reenter and after 5 yrs apply for citizenship. they go out of U.S. by applying for advanced parole. other loopholes such as being a victim of certain crimes.

      but only about 1500 of dreamers have become citizens. it is not easy, but it has been done.

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  14. Pull the Aaron Hernandez Chapo

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  15. Suck it up and take it like man El Chapo Puto. You did the crime now do the time. Quit your crying!!!!

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  16. El Chapo will die in U.S.prison.He will never leave. You can not bribe the U.S. officials. If you try they will just add more years. Goodnight el chapo. You had a good run.

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  17. Where in the world is chapito isidro? Stay tuned and the. Ext episode of narco novelas

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  18. Chivis is jealous of J.
    #FACTS

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    Replies
    1. Totally! Especially of his Martin Corona part 2 post.

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    2. 11:48 we love Chivis warts and all, and she is free to love, envy or hate whoever she wants, como la ves guey.

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    3. Chapo is a product of the American politician and the fake war on drugs

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  19. What does he think, he's in a 5 star hotel.

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    1. 12:41, no guey, he is just puting up a fight and he has the wherewithal, how about you?

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    2. 1:11
      You call crying putting up a fight? LMAO

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    3. 8:00 como eres embesil, la chapa does not pay with buckets of tears, does he?

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  20. What a dumbass. Hope del castillos pussy was good enough for you to dream about it for the rest of your natural life in ADX. Welcome to hell hombre

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    Replies
    1. 5:36 dicen que sabe a pollo, aunque hiede a fish, try some.

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  21. Comando of hurrycanes coming to rescue these guy chapo

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  22. I really don't get why cocaine is the "elite". I think is so overrated. I get it was the yuppie and ghetto drug (crack) during the 80s boom economy but today it looks silly. Meth is more powerful and last longer. I don't get why no one moves meth to Europe market for a try.

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    Replies
    1. have you seen those hooligan barras full of soccer fans all over europe?
      you don't think they get like that on M&Ms or cheetos,
      do you?

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    2. Cjng is already 8n Europe but don't know for sure if they send meth, coke fore sure though

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  23. So funny how he immediately educates himself on Constitutional rights designed for US citizens. One thing he and his lawyers must understand is that those rights are not permitted to terrorists if this is what the US is considering him. Also some of those rights don't apply to criminals shipped from abroad. The Constitution was written for US citizens. If he was so concerned about them, then why did he constantly disregard them while committing criminal acts? Why can't the death penalty apply? Geez!

    ReplyDelete
    Replies
    1. 7:14 the Constitution of the US does not matter when it is time to applying it to US criminals, habvitual offemders, chicken hawks or international criminals that have sent the arab countries back to the stone age in spite of having found no weapons of mass destruction, just to help Blackwater and Halliburton contractors make off with a few trillion dollars, EXXON HAS ONLY STOLEN ABOUT 4500 000 000.00 USD IN OIL PROFITS from iraq and are about to take permanent ownership,

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    2. If death penalty applied he wouldn't be sent to the usa. He'd be free in Mexico now

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  24. Y mientras las esposa del chapo anda con El Mayo

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    Replies
    1. 5: 04 so what, the bad news is that NO paraguas, ya tan bien viejos los cabrones, ya nomas la ven muy tristes,

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  25. Chapo ego & his dick got him in trouble. For years nobody knew who he was! He was his own worse enemy when he tried to show off.

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    Replies
    1. Show off is what sinaloenses do best

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    2. Sad but true, never met a humble sinaloa 👦

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  26. My biggest question is, why do they keep arresting him??? Last time was a gunfight...anyone else would be shot like a dog on sight like Escobar...Someone needs him alive..if he's such a snitch why wasn't he killed???? He knows something the US gov wants...it ain't money.

    ReplyDelete
    Replies
    1. B.I.N.G.O el chaparrito tiene ases bajo la manga.

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