Wednesday, October 24, 2018

Trial on November 5th: El Chapo requests a delay to translate and review a mountain of new material

Chivis Martinez Borderland Beat

3 additional cooperative witnesses added

“As much as the defense would like Joaquin to have his day in court sooner rather than later, we are extremely concerned that our ability to defend him vigorously is greatly diminished by the short period of time given to review the massive amounts of information dumped on us recently.  We want to be able to defend him properly and for him to have a fair trial. Nothing more.  Nothing less.”...Eduardo Balarezo


13 days prior to the November 5th trial, Joaquín “El Chapo” Guzmán has filed another request for a continuance.  

The basis for the request has remained unchanged; the defense tells the court there is not ample amount of time to digest the astonishing mountain of discovery evidence produced by U.S. prosecutors.

For starters, there is over 330,000 pages of documents and tens of thousands of recorded communications.

The continuance request points out;
“Although the Court may have presided over more voluminous cases, those cases surely have been civil matters where discovery is completed and all witnesses identified long before trial begins. Rarely has a criminal matter of this magnitude been tried – let alone with over 14,000 pages of critical information from the mouths of previously unidentified cooperators being produced so late in the process, with more expected to be produced for three additional unnamed cooperators.” 
An additional issue is the language barrier. Most of the material is in the English language, this requires the defense to The overwhelming majority of the material is in English, requiring the defense to concurrently translate the material while reviewing it with Guzmán.

Another point is the material in English is in PDF format, rendering translator apps and software useless.

On July 3, 2018, the government unexpectedly produced over 82 gigabytes of data, including over 117,000 recordings.  This material required a two month continuance.

Cooperators

On October 5, 2018, the government produced  material for 13 cooperators who had not been previously identified.

 That production consisted of approximately 1,061 individual files and over 14,000 pages.

The government has indicated that it will produce material for at least three additional unidentified cooperators. The cooperators’ testimony concern events occurring over a 30-year period.

It appears there is  a hearing on this request on Monday.  A status hearing set for that date was pushed to the following day of the 30th. [update continuance hearing will be on Tuesday]

Read document below

13 comments:

  1. Chibis I just read this in the NY Post added to our forum page and then came here to see this. With some of the charges being dropped and the judge having already pushed the date, I don't see this happening.

    What are your thoughts?

    ReplyDelete
    Replies
    1. and my post is better, right? jaja

      It is a long shot, but if you read the filing request they just dumped a ton of material with less than 2 weeks and more coming. It must all be translated and reviewed by them and reviewed with Chapo. and two of his atty's do not speak Spanish.

      I think the judge was impressed enough to take a look at it. He did move the status conference scheduled for Monday to Tuesday so that he could conduct a hearing with respect to a continuance.

      The fact that the judge already pushed the date forward before, should not matter. It is the reason for the request that should prevail. and in this case it is a more than valid reason. Plus the defense still has not received the complete witness list. There also is the matter of Chapo's reading skills being limited. If I were the judge I would give him 3 months. Why not? what if not giving him time for a complete defense effects appeals?

      I am a defender of the constitution, and believe all accused having the right to a fair trial. Fair for one, fair for all.

      Paz

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    2. I agree...IMO this is all about media, and $$$$$. This case is costing NY millions just in logistics. It's costing the FED even more....Someone is making some serious money. And we aren't even to the books, and movies that are gonna come out. Netflix is making a killing, and he hasn't even been to trial. This has to be fair and just. If not, just shoot him.

      Delete
    3. Chibis, i like your new name

      Delete
    4. actually it is phonetically correct as there is no "V" sound in Spanish. so my name sounds like CHIBIS

      Delete
    5. Sorry about the "b" as someone was so excited to point out. Veliebe it or not the b and v are next to each other on the keyboad. See what I did there?

      Mica

      Delete
  2. The lawyers are going to drain as much rat milk as possible before they tell that illiterate short man he has no other choice but to accept life in prison.

    ReplyDelete
  3. Delaying the inevitable. The government dropped some charges to streamline the case. Meaning they've trimmed all the fat and only kept the necessary ingredients to put the short man away for life.

    ReplyDelete
  4. illiterate, maybe. Rich and Famous. Things you will never experience.

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  5. Any convictions will be thrown out based on all this last minute piling on. What do the feds think they are doing ? They will wind up deporting Chapo after the Supreme court throws everything out. Real smart, prosecutors. What a waste of resources and tax dollars.

    ReplyDelete
    Replies
    1. 1059 you got wrong, you wish he will be deported, but your leaving out the part, that he will be serving 25-30 years in an American slammer first. Overwhelming evidence.

      Delete
  6. Here we go. Show's on. This is going to be interesting to see how it plays out. Many, from Mexico will be listening to justice for the first time.

    ReplyDelete

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