Tuesday, November 20, 2018

El Chapo Trial: Judge limits cross examination of El Rey by defense-for his "Safety"

Chivis Martinez Borderland Beat




Reporters from NYT, NY Post and NY Daily News filed and objection with Judge Cogan, requesting access to a letter with redaction filed by prosecutors who seek to limit cross-examination of CW1 or “El Rey Zambada who just finished direct questioning yesterday.   Citing law and constitution, and the lack of court conclusion on record that would warrant the sealing of the document number 451, which is under seal from yesterday.

Supposedly there are concerns of EL Rey’s safety, yes,  prosecutors want to limit the cross examination for El Rey’s safety, reporters say is unfounded, as his identity is well known.

As part of his plea deal the government brought the family of El Rey to the United States for “their safety”.

In his ruling Cogan stated his concerns individuals and entities who are not parties to the case and who would face "embarrassment and harassment".  Therefore he is limiting evidence surrounding El Rey’s testimony. 


Ruling:

Judge Cogan grants the request of prosecutors to limit scope of cross examination.  Defense wanted to question El Rey about “arson”, threats and a bribe of a government official. 

This line of questioning Cogan acknowledges is to impeach the testimony and truthfulness of the witness.  But, Cogan adds that the prosecution concedes the defense has a wealth of bad acts to levy against the witness.  Including 8 murder conspiracies. Further ruling, “Even quintessential evidence is immaterial if there is worse impeachment evidence.’

Cogan also stated there were numerous other “bribes” and seems to concentrate on one particular bribe he wants off limits as being “potentially inflammatory.”

Also in the ruling is a particular reference to the witnesses “Unorthodox interest” [unusual beliefs or interests] being off limits, which he states may be “eccentric” but is not probative of character. It appears to be religion or something similar.

The defense wanted to use his beliefs as proof of mental illness.

Also off limits is the lack of vigor the Mexican government used to capture El Rey.  Defense wanted to use that as an example of El Reys ties to top level officials.

The Court issues the attached public version of its October 30, 2018 order with limited
redactions based on the following findings:
1. The redacted information could lead to the identification of the Government’scooperating and law enforcement witnesses because the redacted information issufficiently specific to reveal the witnesses’ identities to anyone who knows about theredacted facts. 2. These redactions only cover information that might lead to an actual identification ofthe witnesses; information that might lead to mere “speculation” about the witnesses’identities is not redacted. 3. Some of information about witnesses’ prior acts is redacted because of a risk thatothers might retaliate against the witnesses if the others about them. 4. The redacted information is unrelated to defendant’s guilt or innocence or thewitnesses’ veracity.5. As for the law enforcement witnesses identified on pages 7 and 8 of the order (whosenames are currently redacted), the Government is ordered to show cause within twodays after those officers testify why their names cannot be made public.
Notably, In recent filings there are two police agents who are very concerned about their identity being made public.  Neither is now in the same line of work.  In fact they state their friends, neighbors etc no nothing of their prior life. Most likely that is who is referenced above.

Below both documents from today are posted.  For a large copy click on the top hyperlink of the document.



32 comments:

  1. Sounds like a two front war for the defense, having to fight both the government and a statist judge who seems to rule in favor of the feds on most of the crucial issues. Those are the worst of moments for a criminal defendant as the rights and protections afforded under the Constitution seem to be thrown out the window with endless exceptions to exclusionary rules.

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    1. I hate to say this about our judicial system, but is sure does seem appear that this is a railroad job on Chapo. All these witnesses knew what they were getting into when they decided to cross the line and get involved with crime. They also knew what danger they were putting themselves in and their entire families when they decided to testify against Chapo. They wanted to play the game, so play it by the rules and lets see who wins in the end.

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    2. What a travesty of justice...its all a sham...now I heard that are trying to taint PRESIDENT elect of mexico...an you watch the will witch hunt that PRESIDENT...when it was pena nieto who was in chapos pocket...what times we live in

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    3. And “potentially inflammatory” means someone who is on Uncle Sam's payroll is being threatened

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  2. Thus, laying the grounds for the inevitable appeal.

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    1. You mean the inevitable conviction.

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    2. More than likely yes… But let me remind you and everyone else of a person named OJ Simpson and his trial and subsequent acquittal and is another illustration I’ll add John Gary, the Teflon Don, The Teflon Don there are many examples in our history of defendants who were clearly guilty yet walked away acquitted of all charges. Now I’m not predicting this or saying it’s going to happen; but stranger things have happened,

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    3. Both correct....if a mistrial doesn't happen. Either way Chapo never free again.

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  3. Nobody likes chapo in sinaloa for betraying everybody

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    1. Sinaloa is better off without chapo

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    2. 10:42 is a Chilango arrepentido

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    3. Where does it say he betrayed anyone but rivals or competition? El Rey Zambada is the one betraying everyone! I'm shocked at how much he's said about his brother's busin ss..Then they wanna limit cross-examination?? This is gonna get uglier than I thought...I'd be thinking this puts way more heat on Mayo...which leads me to believe that he might be dead, or in New Zealand or somewhere hidden..IDK Rey must be getting a sweet deal, he's ratting out gov officials..and Luna.....wow...Presidents.....The jury may hear that stuff and think he's going totally full of BS..but this testimony is pretty damning to more than Chapo, and family.

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    4. 10:42...yeah you really know about the complete BS your typing you keyboard expert. You’ve obviously never been to Sinaloa
      And 1:40; Sinaloa and Mexico have really seen violence and other crimes against “civilians” drop like a rock since Chapo was exrtadited - right? Wrong!!
      If your gonna drop some lines in here have a little knowledge on the subject b/c that’s about the most ignorant thing you could say. It’s not about liking Chapo or not - it’s about keepin it real; and reality is that places like Guanajuato that historically averaged lower murder rates than Boise Idaho is now, for the first time on the Secretary of State travel warning list.
      Im on vacation in Mazatlan right now and this place feels safe all night but that’s the exception and not the norm for major cities with big airports, ocean ports, or highways corridors to more strategic places north.

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    5. I must admit your theory Granderojo sounds feasible.

      Cheers

      E42

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    6. @ElGrandeRojo

      Pay attention. Chapo even had family members killed. He betrayed everything and everyone.

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    7. Rey is talking because they already killed his son. This is his payback.

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  4. Take zambada off the stand and put in 006, he got future Intel and u don't gotta worry about his safety! After all he has Jedi special forces experience and the support from gn and los anthrax

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    1. No one knows the future except God. That's why we all need His help.

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    2. 006 and his band of warriors have God’s cell phone and email contact information and do know the future and utilize it accordingly
      006 give us the plan does how you gonna bust your man out

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  5. Cogan is doing everything he can to screw Chapos defense team.

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    Replies
    1. A legal Horse and Pony show. Only this time by the prosecution.

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  6. Not being allowed to cross examine Zambada who is also a snitch makes the court into a kangaroo court. So his (Zambis') word is gold now? And gets to bring his dope dealing family into the US under US protection? Then he gets out early and he gets to live out his golden years under witness protection? I'm sorry but the more I see, the more I don't like. Maybe he and his family will even be neighbors to a BB reader!

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    1. I dont understand how the court has a slam dunk conviction but need vicentillo and el rey to testify and gibe them everything except a 401k

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  7. If you are a juror it makes you want to exonerate El chapo on principal.

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    1. Just like the fictitious statue and those testimonies given.
      Creating the real perception of REASONABLE DOUBT.

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  8. Looks like Manuel is involved.?????

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  9. I can't wait to see who's the next witness

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    1. it may be Harold Mauricio Poveda Ortega aka “El Conejo” a Colombian national, allegedly was the largest supplier of cocaine to the Beltrán Leyva cartel.

      the jury was shown a foto of him this week

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    2. But he was el barbas supplier not chapos...ehhhh but what do we expect out of travesty of a trial

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  10. Thanks for the great coverage Chivis, Very well done; Additionally kudos for the great discussions and dialogue that your work generates.

    Allowing us to get an inside view of the Narco culture and all involved in this huge mess we call the war on drugs.

    Coverage such is yours and your website will ultimately be the tool and power that provides an actual working solution to the worlds drug problem.

    Happy Thanksgiving dear and continued success in all your efforts!

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    Replies
    1. and Thank you Mr Fortenberry for your amazing work. we have something in common than most people are unaware of..... Abrazos, Chivis

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