Sunday, February 18, 2018

Gov has "Chapo Letter" sealed, "He may secretly pass messages"

by Chivis Martinez for Borderland Beat

                              With a mountain of evidence, why are prosecutors                               blocking Chapo's right to a fair trial?

Chapo Letter    

On Thursday I posted a statement written by Joaquin “El Chapo” Guzmán.  On that same day, Chapo asked permission to address the court, so that he may   read his prepared statement.  The statement consisted of listing his conditions of confinement, his health and his inability to defend himself against the charges filed against him.

Clearly, Judge Cogan and the prosecution team were taking off guard.  Judge Cogan cautiously asked attorney Eduardo Balarezo, to put in context what his client wanted to address.  

Balarezo told the court that his client wanted to address “Special Administrative Measure” or SAMs, which he says is barring his ability to defend himself.  Further, that he wants his family to pay his attorneys.

Supposedly, his family has not paid attorneys because they want to “hear it from the horse’s mouth”. 
He also was overheard saying to his translator, “Tell him I am sick”.  Chapo is prohibited from  communicating  with anyone; not his family, the press, or his attorney privately.
Although Judge Cogan was taken by surprise, he initially seemed to be considering allowing Chapo to speak; Cogan asked questions and had a side bar to confer.  After the sidebar conference, Cogan allowed bother the defense and prosecution to explain in open court the situation.

Prosecutors objected to Chapo addressing the court, on grounds that he may use the opportunity “to pass messages to the media or others”.

Chapo wants his attorney to be paid

When it was Balarezo’s turn to speak he said that Chapo wants his family to pay his attorney.  That he is going to trial and will not be cooperating with the government [no deal].

This may have derived from reports in Mexican Media last week reporting that Chapo’s family did not want to pay his attorney.  Anonymous sources claimed the family wasn’t sure it was what Chapo wanted and the case was impossible to win.  So perhaps it was best not to squander the family money. One of those articles was in El Universal a leading news source in Mexico.

Chapo has no source to utilize, not even his attorney, to get a message to his family.  In turn, they have no way to determine what his wishes are.  His sister was allowed a short visit months ago to speak about business.   Directly after, her visa was evoked.
Ultimately, Cogan ruled against Chapo and he wasn’t allowed to speak.

After court

On Friday the following day, Balarezo filed Chapo’s letter on public docket. 

At 4:02pm, the government filed a motion to seal Mr. Guzman’s statement that was filed publicly yesterday. The government claims that the filing was violation of the SAMs.

At 4:41pm, before Chapo’s defense could respond, the Court granted the government’s motion.
The Court said:
ORDER granting [195] Motion to Seal Document as to Joaquin Archivaldo Guzman Loera. The public filing of defendant's letter prior to Government review was in plain violation of the Special Administrative Measures, which were reauthorized on February 1, 2018. Provision 3(g) of those measures requires non-legal mail from the defendant, which includes letters to the Court, to be analyzed and approved by the Government prior to being forwarded to the addressee. The Court grants the Government's motion to seal the letter for one week to allow the Government to conduct the analysis described in the Special Administrative Measures. Defendant is cautioned to comply with the Special Administrative Measures going forward. Ordered by Judge Brian M. Cogan on 2/16/2018.

Chapo’s defense filed an opposition/motion to reconsider. 


From U.S. attorneys on February 16, 2018

Dear Judge Cogan:
The government respectfully moves to seal Exhibit 1 to defense counsel’s February 15, 2018 letter, which defense counsel filed on the public docket on February 16, 2018. (Dkt. # 194, pp. 2 through 6). Exhibit 1 is described as the “Text of Joaquin Guzman Loera’s statement to Judge Cogan” and includes both the original Spanish text and the English translation of the defendant’s letter to the Court, which is signed by the defendant. Defense counsel’s publication of the defendant’s letter is in violation of Section 3(g) of the Special Administrative Measures (“SAMs”), reauthorized by the Department of Justice on February 1, 2018. Specifically, SAMs Section 3(g), “Non-legal mail” requires any correspondence from the defendant, including “to/from U.S. courts,” to be analyzed and approved by the government prior to delivery to the addressee. 
Defense counsel failed to provide Exhibit 1 to the government for analysis and approval prior to filing the letter with the Court on the public docket in violation of the SAMs. Therefore, the government respectfully moves to seal Exhibit 1 to allow the government one week to follow the appropriate SAMs procedures.1 The government will file a report promptly thereafter to adv To the extent defense counsel claims that he published the defendant’s letter at the Court’s request, the Court should dismiss such a claim as without merit. At the February 15, 2018 status conference, the Court directed defense counsel to provide notice to the Court, summarizing issues the defendant may want to raise with the Court at the next status conference. The Court, however, did not direct defense counsel to publish a signed letter from the defendant to the Court without prior analysis and approval by the government, in clear violation of the SAMs.2ise the Court if the letter should remain under seal.
 
Defense files in opposition:


45 comments:

  1. In theory does his lawyer stand a chance of getting him off due to the treatment he's receiving?

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    Replies
    1. you mean on appeal? they will sure try.

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    2. Very rarely are appeals granted in the federal system. His custody level is justification for him being in the SHU.. I was once held in the SHU for months because of paperwork being misplaced.

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    3. A loooong shot appeal, but the US Gov is leaving lots of tiny cracks to exploit.

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    4. No chance in hell

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    5. @11:37. In theory, yes. In other's reality, no.

      Conspiracy (manipulation)--->Insubordination--->Racketeering--->

      Illegal Stances of/for everybody involved in the name of _________ (accusations of non-fiction and fiction)

      German N

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    6. usa lost all credibility when they was kidnapping inocent people after 9/11. the movie (rendition ) misteriously desapeared it. from public viewing.

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  2. I would think that his wife and son's would be getting the hint and finding a way now to get the money rolling off to the lawyers within a short time now. Feds should be keeping a eye out for briefcase exchanges soon.

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    Replies
    1. The reason its taking so long, is because whomever write's the check for his defense , will be under scrutiny like they have never seen before.

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    2. Maybe this makes for a bad public for people like me who always admire the American legal system. I know attorney friend from Denver who we ski with every year and he will always argue very passionate and sometime aggressive that every accused person has right to fair trail with judge or jury and right to the speedy trial. He knows many criminals get innocent because of protectiones but he believes this like a religion.
      My observation seems that after the 911 and Guantanamo prisionors that the USA justice is bending and losing the integrity that has make people in all the world to believe the American legislative is the least corruptible.
      I am not USA citizen and this is only what I see but I wonder do Americans sense this too? Thank in advance for any feedback from Americans.

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    3. Thats not how it works buddy. Either cryptocurrency or other form of payment

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  3. These guys are going to mess around and mess up the trial.

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  4. This guy is the biggest crybaby the mafia has ever seen. Its known in sinaloa for years. Dont believe the hype chapo was never big or bad.

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    Replies
    1. mexican cartels aren't mafia. only siculu are mafiusu. everyone else who tries to call themselves 'mafia' are fugazi who watch too much godfather, goodfellas, & sopranos.

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  5. Don't be surprised a sentence being overturned due to a bad trial. If that happens it would clearly show the US being in bed with this guy. It seems that they are going over the top with Chapo, even to the point that purposely they want to sabotage the case.

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  6. hey chivis. i'm curious about one thing...sinaloa cartel is laundering tons of money. from what i know, after you launder the money, they come out clean, right? why can't chapo use those laundered money to pay for his lawyers?

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    Replies
    1. the government is mart and capable of back tracking the money trail.forensic accounting is one thing some agencies excel at, look at the IRS. Myself I wondered if a specific method could me used. one I don't want to make public.

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    2. His people should just go out and buy a bunch of pre-paid credit cards, load them up with the max and have them delivered by private courier. Nobody will ever know because the money will never hit the attorney's trust or expense account. The beauty of this is that multiple people can buy them and have them delivered over a long period of time. All the defense has to do is say they've decided to do this pro bono because of he unfair treatment and violation of his constitutional rights. Just my two cents. I'm stuck studying for the bar exam, so this is a really interesting story right now that goes hand-in-hand with my studies.

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  7. The fact is that because on el chapos orders tens of thousands of men were killed. Nevermind the tons of drugs that were smuggled by his minions into usa borders he will not beat the trial. I believe we shdnt lock up foreign criminals in our jails. Its a drain of money we cld use for something else. But hes in the usa now and i believe they will make an example out of him. Hes best move is to take a plea deal. Im not saying snitch. Im saying plead no contest or plead guilty and hope that he can get paroled in 20 years. Or else hes going to die in a usa prison.

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    Replies
    1. and you know he ordered them killed, how? a news report? allegations? He is NOT charged with even one violent crime. he wasn't in mexico either. fact is, he has never been convicted of a crime anywhere. put aside what crimes your mind is saying he is guilty . give him the presumption of innocence. evidence will bring justice. we are not mexico. If you erase the name joaquin guzman and replace with "any mr. American citizen" then it is easier to see how wrong and dangerous this is.

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  8. And the massage is to pay the lawyers

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  9. Every thing else aside. Chapo is one smart cookie.

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  10. There is no way for el shorto to ever get out. Nada, zilch, and if you think they give a fuck about your health in the system here in America you are fucked my friend. Someone better relate to el jhapo that he is going to have to work his way into good health. Push ups and burpies pard. That's healthcare for you because chaka chaka time is over. You know how to do push-ups don't you?

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  11. jail house lawyer n 206February 18, 2018 at 4:56 PM

    This entire case appears to be designed for the Appellate process. Obviously US Justice Department officials at the Federal level want to maximize as much positive spin as possible to impress their benefactors in the Senate and Congress. Further, it is probably safe to assume the US Attorney's office will be able to procure multiple felony convictions, relating to the current indictments, during the next Trump presidential campaign: for obvious public relations reasons. But as readers of BB already know, the Attorney General of Mexico did not agree to Asset Confiscation of Mr. Guzman's so-called ill-gotten gains. Surely you remember the hasty Extradition of Mr. Guzman from Mexico. The Agreement in Compromise was received in DF just two hours before Mr. Guzman left Mexican airspace on his flight to NYC. Numerous International Law Scholars appear skeptical as whether the AG of Mexico could have possibly interpreted, analyzed and evaluated all 96 pages of documentation, included in the Agreement, in just under 120 minutes. For now, word on the street is that the Balarezo Law Firm may indeed receive timely and proper payment for services rendered. The most assumed scenario is that the funds could be wired from Panamanian banks to Las Vegas casinos in amounts slightly less than 10K; to avoid the obvious IRS reporting requirements. At that time the funds could possibly be then hand-delivered to Mr. Guzman's counsel through intermediaries possibly escorted by domestic CDS operatives.

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  12. INNOCENT UNTIL Proven GUILTY. He deserves a fair trial like any other individual.

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  13. What do people expected this guy became bigger than Pablo escobar in some DEA agents eyes. The biggest Drug Lord mexico had and will ever have is El chapo.The USA is not gone take no chances knowing his Two sons are the most powerful in mexico With no one daring to challenge The sinaloa cartel and trust me this guy is getting life behind bars with all the kids and people he posion what his drugs USA doesn't forgive

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  14. sorry folks... Blogger is still having issues with comments :( we may try something tomorrow.

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  15. If he is so guilty why can’t he get a fair trial? Cuz the Gov is guiltier than he is that’s why he is getting rail roaded like this. Truly pathetic further proof this country isn’t so different

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  16. Its all a charade . The lawyer has been paid . They are developing more points in their appeal . Every time the government make a ruling its a good lawyers job to contest (within reason) . You just don't see lawyers work that hard in most cases . Just the big money ones . The only way a convict can win appeal where the lawyer didn't appeal at every turn , is ineffective assistance of council . Chapo may have it all . They may clear his tarnished name after he is dead from so many years locked up . I wonder if he has many regrets........

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  17. I generally don't post anything here, but I would like to say that what Chapo's attorney is doing is genius. This is the only way for Chapo to get to the jury since the jurors will be anonymous and partially sequestered. By doing this, any person with a remote interest in keeping up with news of any kind will likely be exposed to this letter and the proceedings. The defense has hedged its bet on the likelihood that at least one person who has been exposed to the letter will be on the jury panel. If said juror sympathizes with the way Chapo is being treated, you most likely end up with a hung jury. This gives the defense additional time to review the Govt's evidence before the case is retried, and maybe he has an ace up his sleeve that he can use at that point. What if all the rumors on this site that he's had the Mexican and U.S. govts' help in building his empire are true. Then, all he has to do is release a few names that helped him out and he'll likely end up in a hung jury again because the last thing any juror wants to hear is that someone's life is in jeopardy due to the govt's doing. The defense threw up a Hail Mary and it just my be caught in the end zone for the win with no time left.

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  18. Lol this is funny,bitcoin would be prime,plus they have that one dude that worth trillions in bitcoin the silk road one. Either way its a away to Extort billionaires in prison. Smh when it's all yours they want it back. #scarface when it's only earth.

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  19. Try and be impartial and ask yourselves " is Chapo getting a fair trial " It doesn't matter if we think he deserves this and that,the bottom line is many people spout on and on about the great judicial system of the US,what a load of bollocks,Chapo is being demonized and hampered in every aspect of this trial.
    This half Mex-Gringo admires him a little for not giving in to the unbelievable actions being taken against him,fuckin serial killers have had a more fair trial,Chapo doesn't stand a chance because he is playing in a totally rigged game

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  20. Sure allow his family to pay his court fees with the blood money he earned. Right now with all going on, who would find him being mistreated. Cases like this happen all the time and the US that Mexico doesn't know about because they are not cartel leaders from Mexico. What is perceived as mistreatment is actually common practice in the courts here. Let this be a lesson for all the other low lives that choose this avenue for a life. The prosecutor is well within the laws he represent. The US is not like Mexico by any means. Prohibiting a pertson from outside communication is common. If his family wanted to pay they could. It is apparent that the money is more important and they fear for their actions may be questioned.

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  21. I'm thinking about all of the poor innocent souls who's lives were lost because of El Chapo. They didn't get a fair trial, did they?

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  22. Musico pagado toca mal son, no money for the lawyer.
    "Pay when you win" is the best policy.

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  23. 3:37 . I like your policy . Chapo should wait until he is set free to pay the lawyer . That would be a couple days after hell freezes over . Chapo has time .

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  24. The atty could also drop Chapo, for not paying. This could help his case in appeals because of right to counsel violations. I just don't understand why they'd jeapordize this case at all. Lawyer games. Everyone's making more $$$ the longer this takes. Balarezo is smart. He can walk right now, and make tons of dough doing interviews, and writing a book..But he won't. He will get paid one way or the other...his fees will be nothing compared to what he's gonna make, win or most likely lose. But no matter what, Chapo deserves a fair trial.

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  25. US Govt doesn't want to give him a fair trial because there are pieces of shit politicians that Chapo will expose. Cowards don't want to take the chance.

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  26. At this point the only way for a fair trial is to fight fire with fire. His defense has to figure out a way to play dirty against the gov't. What about the following? Say Chapo tells Balarezo who every player is from every gov't. Balarezo then publishes a letter with all the information, say he sends a copy to every major news outlet. Sure Balarezo would have violated attorney-client privilege, but the whole world would now know that Chapo was not doing it alone. There is no way he goes into any trial where there will be 12 jurors willing to convict. He'll obviously fire Balarezo, but ultimately pay him for doing him a solid.

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    Replies
    1. I like what your saying but Chapo has to much family involved in the drug game he would be putting them at risk if he made any such move

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    2. Surgeons get stuffed in a 55 gal drum cemeted with concrete for not fixing patients good and sometimes in spite of their doing a good job, I suppose lawyers can be paid the same way, but lawyers like Alan Dershowitz, grisham, or Roy Cohn get the job done. A bitch that wants to get paid every day for a nothing to no results like balarezo deserves NOTHING BUT WHACK.

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    3. They're already at risk aren't they. I've been reading this blog for a few years now and see a lot of people saying he's a snitch. If that's true, aren't all his associates, including anyone in the gov't, expecting him to snitch any way.

      Also, why not pay a former gov't associate, who may currently be in gov't, to blow the whistle on everyone involved. I think this one could work.

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    4. He's no snitch that's all these troll zetas,blo,Juarez cheerleaders flooding the comment's, if he was I would think he would be doing it now. That's why there treating him like shit. Cause he is not willing to cooperate don't believe those fan boys

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  27. El chapo can’t bribe his way out of American prison as Pablo Escobar once said better to be in a grave in Colombia than a cell in the United States

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