Sunday, August 19, 2018

El Chapo legal update and Jefferey Lichtman, Gotti's son's attorney, says he will join the Chapo team

Chivis Martinez Borderland Beat

update: On Monday Lichtman was in court where he entered a formal notice to appear as Chapo’s attorney in Brooklyn court

The attorney that represented John Gotto Jr., in a 2009 securities fraud case, Jeffrey Lichtman says he will officially be joining the El Chapo defense team on Monday.


Lichtman dropped out a year ago, after it seemed there was a dream team compiled to represent Chapo. The issues were guarantee of payment.



Eduardo Balarezo was carrying the load until a few months ago when William Purpura joined the defense, and now Lichtman may round out the team. Reportedly Lichtman said to the NY Post,  “We had to make sure it was done correctly”, in reference about payment.


Funds for any defense payment must be “clean money” and the government has made it clear it will be focused on the origins of any money used for payment.

Lichtman says, “The jury and the public will be stunned when they see the types of cooperators being used in this case,” he said. “I’ve been on many cases where all sorts of questionable characters have been used, but this dwarfs them all. There are so many mercenary, dishonest people being tapped in an attempt to bring down Mr. Guzman.”

With respect to conditions Guzman has been subjected to, “The conditions are obscene, I’ve represented infamous people over the years,” Lichtman told The Post. “He’s being held in the most harsh conditions I’ve seen in 27 years of practice.”

Lichtman represented Margarito Flores, twin of Pedro Flores, who operated the Sinaloa Cartel trafficking hub in Chicago. This will be an issue, since the twins are expected to be on the witness list.


Venue will not change rules judge Cogan


Motions for Change of Venue [226] and [253] are denied.

Supposedly, there is a “plan” that will be in place to circumvent the nightmare traffic scenario that would exist if El Chapo was to be transferred during peak hours, which includes the closing of the Brooklyn Bridge.  Balarezo had suggested moving the case to the Manhattan courthouse.  The pragmatic proposal made sense since Chapo is held in Manhattan.

No hint as to what exactly the plan is but one guess would be that Chapo remain at the courthouse, housed at a cell there during the week and return to Manhattan on weekends.   Another possibility is transfer by helicopter.

Judge says government  needs to show why the court shouldn't strike 85, which charges Guzman with conspiracy murder.

Says Judge Cogan

ORDER TO SHOW CAUSE dated 8/15/18 that the parties are ordered to show cause why: (1) Violation 85 should not be stricken as a substantive count; (2) Jones and Apprendi require the Government to prove the elements of § 848(e) to the jury beyond a reasonable doubt; and (3) the evidence that the Government seeks to admit is inadmissible under Federal Rule of Evidence 404(b).5 

The parties need not re-brief the arguments in support and in opposition to defendant's recent motion to exclude evidence pertaining to Violation 85; the Court will consider those arguments in addition to the supplemental briefing in reaching a final decision on the admissibility of the proffered evidence. The parties should file their briefs on the order to show cause by August 25, 2018. Any responses are due by August 30, 2018 as to Joaquin Archivaldo Guzman Loera. (Ordered by Judge Brian M. Cogan on 8/15/2018 ) (Guzzi, Roseann)

Judge:  [see full ruling in document at bottom]

“Defendant has filed a motion to preclude evidence pertaining to Violation 85 of the indictment, or, in the alternative, to compel disclosure of evidence relating to Violation 85 and to continue his trial. As part of that motion, defendant argues that the Court should strike Violation 85, which charges him with conspiracy to commit murder in the course of violating 21 U.S.C. §§ 846(b)(1)(A) and 960(b)(1).
In evaluating the parties’ arguments on defendant’s motion to preclude, the Court has reexamined its June 7, 2018 order ruling on the parties’ motions in limine, particularly the Court’s conclusion that 21 U.S.C. § 848(e) states a substantive offense.

This Court’s decision on that point relied primarily on decisions from Courts of Appeals outside of the Second Circuit,1 which focused on the fact that other subsections of § 848 states a substantive offense.

This Court’s decision on that point relied primarily on decisions from Courts of Appeals outside of the Second Circuit,1 which focused on the fact that other subsections of § 848 refer to subsection (e) as an offense.

The Court is no longer convinced that it reached the correct conclusion on that issue. [at bottom this ruling continues in full.

The court is asking the parties to do the following:

For the government to argue why the Court should not strike Violation 85

For the defense argue that if the violation is allowed, why the violations must be proven beyond a reasonable doubt to the jury instead of     a lower standard of proof. (if the violation is stricken, then no evidence needs to be presented.

For the defense to argue why the evidence should not come in as "other bad acts evidence” under federal rule of evidence 404(b). The Court must first determine whether the evidence is relevant to the case and then whether its probative value outweighs the danger of unfair prejudice to Mr. Guzmán. The case is charged as a narcotics conspiracy. He is not charged with any violence. So, what is  the relevance of the violent acts to the drug case.

div class="MsoNormal" style="text-align: justify;"> Attorney Eduardo Balarezo had no comment on this issue at this time.

Judge Cogan's Order to show cause

50 comments:

  1. Who and how are these lawyers getting paid?

    ReplyDelete
    Replies
    1. Very interesting question. I assume Chapo will claim to have gotten the money from some clean business. I assume the government can go after those lawyers in a separate case trying to prove they were paid with dirty money.
      Anyone with ideas/experience/knowledge?

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    2. They can't attack lawyers for doing their jobs. They've requested clean money, which means that it has to be. Any suspicion and they won't accept the money. The Govt will try to bring down the lawyers but it won't work. Infact, I think the lawyers are going to expose a LOT of illegalities that the Govt has done. They might even get Chapo a tiny sentence or out of jail. So much corruption by the US Govt, and all the witnesses will be proven to be both liars and coached and also bribed. Untrustworthy witnesses are all they have. People that are going to say that they were blackmailed by the US Govt. Chapo will be out, I bet you.

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    3. It's not that difficult. You need to have someone with legit money pay for the lawyer. When you are in a position like chapos family is, then you have connections to people with money that was made legally. After they pay the money that was clean, throw them some extra cash on top to make it worth it. You need to pay this "legit" guy in cash and no check of any kind. This way nobody paid the lawyers with illegal money.

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  2. Chapo knew he was old and his day where number he was so big he made two things before leaving mexico slapping mencho and telling the government that with his capture las cuentas estaban saldadas que con su hijo no se metieran and he would not say anything about corrupted officials man of his word he has the money to figth his case and get the best lawyers out there mis respetos para sr Guzmán

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    Replies
    1. Dude, Chapo was sent off the stage once RCQ felt it was reasonably safe for him to venture out again.

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    2. Chapo was just the face of the organization RCQ was the main boss all along! Just like Escobar was the face of his organization.

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  3. Chiva, now that we are all alone:
    Quén te quere Beibeee?

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  4. Good lawyers chapo should walk.now the cartels c a n use drug money defend themselves. They will walk

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  5. Chapo gonna walk.

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  6. What’s the point of getting the best attorney if you still getting life in prison?

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    Replies
    1. He's not going to get life, obviously. There are holes in every angle that the prosecution is taking. From withheld evidence to blackmailed, untrustworthy witnesses. Inhumane living conditions. Don't even get me started on what we're going to learn about a drug lord's relationship with US Govt Agencies such as CIA, FBI and DEA, and their involvement in narco trafficking. Chapo could potentially get out of jail. Any good defense lawyer can get him out even against all odds. And he has 3 of the best defense lawyers alive.

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  7. Chapo is suffering in jail, no tv, no ladies, no one to talk to, except the fat rats that roam his cell.

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  8. Chapo knows every payoff he made to every Mexican president, elected officals, every Director of the army, navy, marines, Mexican intel, special ops, TV Media, newspaper reporters on payroll, and Chapos favorite the local police commanders from every small city.
    I wonder if thats worth anything, to lessen the jail time he going to do?

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    Replies
    1. The bribes kept him out of jail for 20 years, so why not?

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  9. Not even if he got Johnny Cochran will he be found innocent. Not with 30+ codefendants ready to testify against him. If he does get away with it, he definitely has some power. Trials are terrible, I remember back in my troubled days. El que anda mal mal acaba...

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    Replies
    1. Tu frase se contradice cuando la gente inocente muere. A cuantos no les echan la culpa por tarugadas de otros. Un chingasal. Por todos lados. Your phrase contradicts itself when innocents are dying. How many have died because of the idiocies of others. A whole lot of them. Everywhere.
      - Sol Prendido

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    2. Where is the vontradiction

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  10. Not even if he got Johnny Cochran will he be found innocent. Not with 30+ codefendants ready to testify against him. If he does get away with it, he definitely has some power. Trials are terrible, I remember back in my troubled days. El que anda mal mal acaba...

    ReplyDelete
    Replies
    1. 731 I am sorry to inform you, Johnny Cochran, does not handle, those type of cases, only police related. Also unfortunately, Mr Cockran is no longer practicing law,...he passed away over 3+ years ago.
      Les Gother

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    2. @11:20 johny Cochran died in 2005.

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  11. Chapo is going to make a lawyer rich, but will he perform , since Chapo has a lot of incriminating evidence on himself.

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  12. He's going to have a stroke and and the trial will be extended. Then he won't be able to talk and start doing rehab. Afterward he will die of a massive heart attack. Then the body will be burned, while the real Chapo enjoys his final years in Cuba.

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  13. According to everything I read on this site, most, if not all, of the witnesses were at some point or another connected to Chapo. Many were on his payroll, allegedly. Thus, the identity of family members and associates is likely available to Chapo's people back home. My question is this: What happens if the prosecution's witnesses all of a sudden say they don't know the man? Prosecution can attempt to impeach based on written or verbal statements, but can they be rehabilitated by showing their statements were under duress, i.e., extended prison time?

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    Replies
    1. They get a statement and usually get lesser time for cooperation. Tye law too good

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    2. Most witnesses against Chapo trade their own freedom for Chapos. Hence, the more they heap on him the less the government will (supposedly) go after them.
      Thats criminal justice in the US nowadays.

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    3. Now you know why the drug capos ensure that anybody (especially their own men) who know shit bout them are eliminated.

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  14. Of course Mochomo and Barbie are going to rat but how credible can they be seeing as how they are Chapos rivals? Not sure if Barbie was still an enemy to Chapo but most of the witnesses are his enemies. The jury is going to take their testimony with a grain of salt. I cant wait to hear all the Chapo stories that come from this trial.

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    Replies
    1. keep up with the program...Mochomo pleaded guilty and refuse any deal. he was sentenced to life without parole for his efforts

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    2. Thank you for clarifying. My point still stands, I didnt mean to offend you.

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    3. He can still rat after being sentenced.

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  15. The truth is not the truth. FREE CHAPO!

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    Replies
    1. If Chapo was set free how would that help you in ur life? What would you benefit?

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  16. They already have the rat twins

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  17. They have to keep him locked up all day because they’re scared shitless of 006 & his squad of highly trained operators. I heard they are in place & could spring him at any moment.

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  18. The only place that Chapo can look forward to is a suite at the colorado supermax, dont matter how much dinero he has

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  19. He should have saved the money. He's never going to see the outside of a prison again.

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  20. Who will he snitch on? That is the question. Mexican officials will come at his family in retaliation. But so will Zambadas. I want to know who.

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    Replies
    1. He hasn't yet.. isn't Vicente zambada snitching on him

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  21. I hope he named all those who accepted bribes at trial, in my eyes many of those, especially the ones in high positions within the government, military and police are even more guilty than him as they swore to protect. It’s not a fair trial when you have criminals (trying to save their own as@es) giving evidence against another alleged criminal.

    Will they be allowing reporters into the trial or will it be a closed court?

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  22. el chapo will never escape the americans he will die in U.S. thats a given, most narcos know this, which is why they avoid U.S. at all costs. Makes no sense being a narco if you can't flash your cash in the richest country in the world without having everything seized and going to prison for eternity

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  23. Is gotti jrs attorney now chapos lawyer, is he also representing a flores twin?

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  24. They don’t make them like mochomocho blo members go out guns blazing or do the time

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