Thursday, June 7, 2018

Close to trial, U.S. Prosecutors reveal having exculpatory evidence that could help Chapo

By Chivis Martinez for Borderland Beat

“The ultimate aim of our criminal justice system is not only to secure convictions, but also to ensure  that the rights of the accused are protected. Two days ago, the government disclosed that it possesses evidence that can mitigate Mr. Guzmán’s role in the charged offenses or possibly exonerate him. The fact the the government is disclosing this evidences so close to trial shows that it is interested in obtaining a conviction at all costs - Mr. Guzmán’s rights be damned. All Mr. Guzmán asks for is a fair trial and the ability to defend himself as any other defendant.” [Eduardo Balarezo]

Prosecutors in the Joaquín “El Chapo” Guzmán trial have just revealed on Monday that they have in their possession an abundance of ‘Brady’ material.  Brady evidence is exculpatory evidence, favorable to a defendant.  It could potentially exonerate a defendant.  Or result in a reduced a sentence.
There are 41 separate items of exculpatory evidence.

And they have had this evidence before Guzmán’s extradition.  
Guzmán’s  attorney begins his letter regarding the disclosed information from the prosecution as follows;
“I write in response to your five-page letter dated June 4, 2018, wherein you disclose, “out of an abundance of caution,” forty-one (41) separate items of exculpatory information pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). You also disclosed alleged statements by Mr. Guzmán. The exculpatory information, if credited by a jury, either mitigates Mr. Guzmán’s role in the alleged conspiracies, defeats the allegations of a so-called “Federation” or outright exonerates Mr. Guzmán.”
What is Brady Evidence?

Brady v. Maryland, known as “The Brady Rule” stemmed from a Maryland murder case.  John Leo Brady was convicted.  He ultimately appeals the conviction and sentencing which worked itself up to the U.S. Supreme Court, Brady’s hope was a new trial.

The Supreme Court held decision determined that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment." Although in the Brady case, the court determined that under Maryland law, the withheld evidence could not have exculpated [exonerate] the defendant but it was material that was relevant to his level of punishment.  Therefore Brady did not receive a new trial, but was successful in receiving would receive a new sentencing hearing.

In the case, Brady had contended that although he was with the suspect at the time of the killing, he had no prior knowledge of the murder and was not the killer.  The prosecution withheld a document in which the second suspect in the case had confessed he alone was responsible for the killing. Brady received a reduced sentence, was eventually paroled and led a crime free life.

Prosecutors are required to disclose materially exculpatory evidence in the government's possession to the defense. "Brady material" or evidence,  the prosecutor is required to disclose under this rule includes any evidence favorable to the defendant., evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness. Which I am guessing this may be at least in part evidence going to the credibility of witnesses.

I have followed this case closely, as well as reading all documents filed with the court.  What is particularly troubling, is remembering the multiple times, Eduardo Balarezo, Guzmán’s attorney,  has requested evidence.   It appears grossly unfair, and unnecessary in any fair trial, to await 3 months or less to receive potentially the most important information benefiting the defendant,  for the defense to peruse and work.   On its face, it appears that the challenge is insuperable.

As for the witness list, it has not yet been provided.  However,  most people who follow Mexican Organized crime can look at the list of characters already arrested and given sweet deals to testify in cases, and figure out who will be on the list.  A list of mass murders, major traffickers, sicario chiefs (hitmen) kidnappers, extortionist etc.  Without solid direct evidence, a reasonable person could rely on based on their testimony alone.  In the case of The Flores twins, there is a cache of direct evidence.  So one can be assured one or both will testify.

Other explanations of potential violations that may be helpful as you read Chapo’s attorney’s letter to the prosecution; Giglio v. United States, is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to present all material evidence to the jury.

Jencks Act Material

which is evidence that is used in the course of a federal criminal prosecution in the United States. It pertains to evidence relied on by government witnesses who testify at trial. The material is described as inculpatory, favoring the United States government's prosecution of a criminal defendant.

Miranda Rule

From the Miranda vs Arizona case, which applies to police interrogations of person who have been taken into custody.   A Miranda rights warning must be cited or potentially all information, including confessions could be deemed inadmissible.

The following is the standard Miranda warning: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.

Response Letter




83 comments:

  1. The government will blow this case, and Chapo will go free. What idiots ! Heads should roll.

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    1. 2:55 Yea right . Judging this case from your chair reading the filings of a defense attorney online . You ever think it is also in this attorneys power to file for a continuance ? A decent defense attorney , in a big case like this should file a legion of motions based on higher court case law . It will be reviewed and ruled on by the presiding judge to decide weather or not it is the same situation . He shoots it down , it can be appealed in a higher court in the future . Normally a judge is very careful not to rule in error .Very much of the time the lawyer is taking shots that he knows wont hit in his favor . Chivis . If you believe every motion a defense attorney files is correct , you are less than intelligent . All these Mexican traffickers convicted with big sentences have stacks and stack of appeals filed . How many get overturned ? that little short fucker is going to spend the rest of his short life in the USA .Uncle Sam gonna furnish his food water and ass wipe . That is unless he tried to make a weapon out of toilet paper .

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  2. Chapo is a dead man. We may wring our hands till tomorrow, nothing will change. Case closed. Chapo is a dead man. Now get a pine box and some mourners.

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  3. Free el chapo so he can kick menchas ass and he can unite with señor coruco and LNFM

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    1. Any Michoacano doing business with sinaloenses is an idiot fuck Sinaloa they are big mouth pieces of shit this isn't back in the day when business could be conducted with them. Get your head out your fucking ass Chapo wantd to make a movie and tried to have a threesome with Katie and seanpendjo and got himself caught up

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    2. Puro culiacan perro

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    3. Couldnt of said it better 6:21...why hasnt BB put LIKE buttons on here! Chapo is an idiot,shoulda stayed in the mountains but shorty wanted to fuck actresses lol! Try fucking actresses in Colorado gov aint blowing this case,i guarantee it!!

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    4. jajaja de q se murieron los ardidos... puro sinaloa

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    5. Was up my boy butt hurt ...what did sinaloenses do too you ...lol...no matter what everyone else in mexico or usa says...sinaloense are always the first at alot of thing everyone else just follows ..

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    6. 10:55 first in many things? Like what? Lol it's a bit harsh the way 6:21 put it but I agree, any michoacanos doing business with cds are idiots because we all know they are government informants and theyvaleays snitch on the michoacanos to stay afloat. Mencho is smart to go his own way

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  4. Imagine that gallo Sinaloense walking out free i wonder will he go back to drug trafficking

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    Replies
    1. Chapo is more like a Henie aka gallo gallina!

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    2. 7:12 El Chapo que es tu papá, has had generales, gobernadores, Presidentes, ministros, y jefes de policia mexicanos y Americanos comiendo de su mano por muuuchos años,
      callese güey.
      I mean, El Chapo has had presidents, generals and their staff, governors, ministers and police chiefs, Mexican and American eating from his hand for many many years, sherap güey, I mean dumb ass.

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  5. @chivis can u break down to trials for dummies im lost.

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    Replies
    1. Please Chivis rephrase this for dummies

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  6. El Mayo Zambada

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  7. “There are 41 separate items of exculpatory evidence. And they have had this evidence before Guzmán’s extradition.”

    Heh...

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    1. In the defenses filing I only see one sentence in quotation , “out of an abundance of caution,” . The rest of it seems to be in the defenses words .

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    2. it is in response to the goverments 5 page letter on Monday. I will look for it tomorrow

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  8. Is this a ploy to just extend the case, and hope he just dies?? I don't understand these tactics on a so called slam dunk case. Maybe the Flores wives have tainted their credibility?? Just bizarre the US would fack this all up.

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    1. This is just defense attorney rhetoric. They only need to convict him on one account to house him forever. Mexico already took the death penalty out of the equation. He’s never coming out. Done. Game over.

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    2. the defense said and did nothing. it was the government attorneys stating "it is with an abundance of caution" that they inform there is 41 separate items of exculpatory information. If they screw around with Brady, it could at least give chapo guzman hope for a more favorable sentencing. They had the information since before extradition, and now they still will not share it. That can be trouble.

      But more importantly, it suggests the information must be potentially very valuable for chapo. otherwise why withhold it? I agree with the author that it must be strong evidence against the cooperative witnesses credibility.

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    3. 7:04 I am even more sure that evidence incriminating the US government is still suppressed, and there is the whole case there, starting with the American foundation for the DFS by the CIA on behalf of the US government, the money laundering show must go on, after all it is puro tiatro.

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    4. The flores wives were tainted long ago. Involved in their husbands illegal activities from the start.
      Moreover the million dollar Boob job
      obtained to impress the fellas.
      Keeping money tucked while waiting for lame husbands who fell for pieces of shit like them.
      Pussy shouldn't cost for those who know better.

      E42

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    5. Jajajajajaja....E, that was spot on!

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  9. If you can't do the time then don't do the crime - famous words)

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    1. 4:25 You got that quote a little wrong . It goes "If you cant do da time don't do da crime . Robert Blake in Baretta . A old 70's cop show .

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    2. Robert Blake is still alive, has a son, and now uses a walker to get around.

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    3. Im sure those words never came out of Robert Blake's mouth.They were said in the theme song which he didnt sing

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  10. Late disclosure of Brady evidence is a regular and common action for the government.

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    1. could be costly. they still have not handed over anything they just notified the defense. but no documents, until I am reading the article incorrectly.

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    2. This slope is getting a lil more slick...If they mess up with Brady stuff, this circus only goes on longer. He has better chances of winning The Powerball and MegaMillions..than ever be out...but he could parlay a Club Fed gig......all this does is cost us all more $$$.

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  11. ......wait for it........Chapo snitched LOLOLOLOL

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  12. Dios mio, hasta que se dan cuenta de la corrupcion 100% U S of American.

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    1. 5:14 some people think that is a misguided phylosophy that belongs in the blackout waste bucket, glad you got posted.

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  13. que El Chapo ni que El Chapo. Esa es una desgracia. Yo solo conozco El Guapo!

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  14. His corridos should be enough evidence

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  15. Somebody else's problem

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  16. Here we go again with another OJ trial

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    Replies
    1. Yeah right, White people loved OJ. Chapo, not so much.

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    2. Don't be shocked...Americans have a much more lenient attitude about drugs, and the way Trump is dividing this country, I won't be shocked at any outcome of this.

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    3. 11:08 the bad news for you is while not everybody loves Chapo,
      too many people do.
      Except for some habitual Bankruptcy Artists
      always biting more than they can chew...

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    4. Black people like OJ, white people like Chapos money.

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    5. @2:44, maybe rappers and people in Mexico. However, those types will NOT be on his Jury. They will blame every OD on Chapo and pull at the sympathy strings.

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  17. If these is the way this is going, I wonder how Saddam Hussein’s Trial would of been here in the U.S

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    1. Probably a Hung Jury.......

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    2. I feel so bad for Emma. I should console her.

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    3. U sir won the internet with that comment. Best awnser #LosAngeles

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    4. 🤣😂😎

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    5. 7:47 if you need photos of the Hung Jury you could use the photographers from Abu Ghraib, just give the job to a private US gov intelligence contractor to make it prosecution free.

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    6. Sadam was different as he was in control millions to potentially billions in oil assets. Why take a bribe from him when you can just take the whole pie. Once Sadam is out, place trusted allies in control.

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  18. Chapo fanatics, that’s it, it’s time to move on! Old jefe will never see 61 minutes of excersise time again.
    No more, no mas!

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    Replies
    1. It all depends on what those documents show. It isn’t much of anything without that.

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  19. It will be impressive if the gallo beats the case should have went out like other gallos Arturo , arellanos , or at least stay low profile like El mayo and azul
    Either way El chapos case won't change anything

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  20. They got too many rats in the pen either way.

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  21. Chapo will go free when the the angels win the pennant

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    Replies
    1. it has only been 16 years...I was there, what an amazing time.

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    2. Won't be this year...jaja...Ohtani done, and the Mariner's are whipping e everyone in the division.

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    3. 84 years to go, Chivis.
      100 years curses are evil.
      Maybe if you only hadn't been there...
      There was a goat in chicago...

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  22. Regardless of the evidence, if anyone on here is naive enough to think that the DOJ will let him go, you are a complete moron and should never vote in an election again.

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    1. He will never get out, but if the fack up Brady rights, be could end up with 30-40 yrs in a less than SuperMax.

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  23. I will be quit impressed if El Chapo beats the case and walks. Mexico will incarcerate but eventually he will be back in the sierra. Sounds highly doubtful

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  24. Chapo has paid off many important people in diffrent countries and he knows all the names of those bought with dirty money i cant imagine US not giving him a deal for that kind of info!

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    Replies
    1. Yes, he will use that info but the U.S. will not reduce his sentence for it. He might use it for better conditions in ADX.

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  25. This doesnt matter. So he might get 59 years instead of 100. He is done and has to pay the price.

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  26. 10 people arrested from jalisco cartel,6 were Chinese! These dudes international lol!!

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    1. link please

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    2. Cjng has been international for a long time now, Europe, south America

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    3. Hope they don't link them to Chivis

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    4. 9:22 THANX FOR THE GOOD WISHES.
      there should be more people like you in the world.

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  27. Dude should have gone out like he claims in his thousands of corridos, where's his talibanes, anthrax , gente nueva and la barredora that protected him at all times? 😢 poor chapo

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  28. You people really live under a rock the guy is done put a fork in it....

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  29. Prosecution getting their ducks in order so there is no mistrial. Chappy is going to get life for sure no matter who he rats out. I hope he likes it doggy style.
    OJ

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    1. I’m assuming you’ve acquired a taste for that OJ?

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  30. The evidence actually means nothing. During John Gotti’s trial 100’s of pieces oif evidence “excuplatory” in nature were tendered to the defense. Still sentenced to life in prison without parole before he died in custody.

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    1. Gotta was railroaded, his accuser is now a Russian asset,
      after a lifetime of throwing business to the russian Red Mafiya in New Jersey and New York, that even defrauded BILLIONS OF DOLLARS from Medicare, like Florida governor Ricky Scott's HMO.
      --GOTTI'S accuser now defends Russian asset criminals...

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  31. That's why they call them cds, cartel de snitches

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  32. Arriva el chapo! Puro Ivan alaverga!!

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    1. 9:47 ese verrugas, dicen que con ajos se te quitan

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  33. god bless joaquin archivaldo guzman loera.

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  34. They DA Knows what he's doing. He is using that evidence so chapo could waive time. They most likely dont have as much solid evidence they need to prosecute him the to the fullest extent those dicks. After turning in the evidence to chapo & his lawyer the court would postpone for another prelim of course if they waive time which obviously they will cause thats evidence they can use to prepare a better defence. Meanwhile the da is going crazy trying to gather up all they can those 30 days. It is illegal to withhold discovery from a defendant and that evidence would not be apmissible in court. That is unforgetable because they can go to jail for that know(brady motion thank you) so obviously they know a few tactics to work the court for their time advantage. So to me its a good sign not so much cause who knows how many charges hes facing. But it means the da is not ready and if they are not ready most likely witnesses arent either. So it would be crucial to not waive time anymore for whatever reason might come up because it would not benefit you in anyway. Im guessing he will go through prelims very soon and it will be very insteresting to see who would be testifying and what info they will be spilling to incriminate him. Must really suck having so many people you trusted testifying againt you to save themselves time. I would give them all that deadly chapo stare. lol All capos have a maton look. Thats how you tell people what to do without actually saying it. lol.

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