Monday, November 26, 2018

El Chapo Trial

Chivis Martinez Borderland Beat

It appears Hunting El Chapo author Andrew Hogan will not be called to testify, but his partner will. Government asks that racially charged transcripts not be allowed, prison escapes, murders, mental health....and other filings and rulings.


Government moves to restrict cross examination of a pending witness in the El Chapo case.

In opening statements the El Chapo defense alluded to an agent that has stated in the past via email his opinions and characterizations of the defendant that were favorable to the defense.

On Sunday the government filed a motion to prevent any cross examination or introduction with respect to these opinions or characterizations. Further stating they are “irrelevant, and “self-serving” to the defendant.

Ruling: The Government now asks the Court to confirm that defendant will also be precluded from introducing this evidence. The Court will not preclude defendant from introducing this evidence; however, if defendant elicits information about to show the witness’s bias, the Court will permit the Government to introduce rebuttal evidence that the witness participated in the cartel’s alleged illegal activities in part because of  _____________________ last part redacted.

Another motion from the government, asks to be able to admit information about Chapo’s prison escape.

What is interesting, in Mexico it is not a crime to escape or attempt escape from prison as it is seen as a natural instinct.  As long as no one was harmed, then there is no crime.  So by allowing this evidence to be used as evidence against Chapo, they are using evidence that is not unlawful in the nation in which the act occurred.

Motion Granted; “it is necessary to include to present the entire story of crime at trial”


"Unnatural Practices: Defense file a motion for Cogan to reconsider allowing evidence of El Reys ‘Unnatural practices” as the defense says it shows in part his mental instability. 

Ruling:  Cogan says there is not enough supporting evidence to allow this in.  In the ruling which I redacted in part, El Rey was very impressed by a Discovery Channel documentary compelling him to follow some sort of practice. 

Another  Government’s motion to admit evidence of defendant’s acts of violence and drug trafficking activity is granted in part and denied in part. The Government seeks to admit evidence of torture and kidnapping during the period of the charged continuing criminal enterprise and drug trafficking conspiracies (referred to collectively as the “CCE” unless otherwise noted) as direct evidence of the CCE or as “other acts” under FRE 404(b); evidence of torture and kidnapping that occurred before the CCE began as direct evidence or under FRE 404(b); two additional uncharged acts of violence
Ruling:  because this evidence is potentially inflammatory, the Court will carefully consider at trial whether FRE 403 precludes its admission.

Chapo’s Book The Government’s motion to admit defendant’s book is denied without prejudice to renewal. The Government seeks to introduce the text of a draft biography of defendant, which the Government asserts was based on the author’s extensive interviews with defendant. The Government cannot introduce the entire book; the probative value of its contents would be substantially outweighed by the time wasted in reading the whole thing. Assuming that the Government can properly authenticate the book at trial, the Court will consider admitting particular passages then.

Rincon Video: The Government’s motion to admit statements in video evidence is granted in part and denied in part. The statements in the two interrogation videos (2010 Rincon Interrogation and 2011 Defendant Interrogation) are admissible not for the truth of what they assert, but to establish the fact that the speaker was being interrogated.

The Government has proffered that the person being interrogated in each video was kidnapped, consistent with its theory that defendant and his organization used kidnapping to intimidate and to discover information about rivals and cooperators. The statements in the interrogation videos are also admissible to provide context for non-hearsay questions to the person being interrogated -assuming that the Government can establish that-

The Government’s motion to prohibit dissemination of photographs of cooperating witnesses introduced during trial without pixilation or alteration and to prohibit sketches of cooperating witnesses is denied without prejudice to renewal.

The Court remains convinced that this trial presents a significant risk to the safety of cooperating witnesses and their families. But the Government’s requests raise equally significant concerns about the public’s common law and First Amendment right of access to the trial.

Hunting El Chapo Book: The Government’s motion to preclude statements from two books about defendant, and Hunting El Chapo, as inadmissible hearsay or as impeachment evidence is denied as premature. The books were written by  a DEA special agent who participated in defendant’s 2014 capture (whose partner in that operation will testify at trial), respectively. Defendant does not intend to introduce these third-party accounts into evidence. To the extent defendant believes at trial that these books provide a good faith basis for questions to be asked on cross-examination, he may ask such questions.

There is a strange motion in a trial of oddities:

Motion to Preclude Cross-Examination on Racially-Tinged Conversation Between Cooperating Witness and His Family Member


 This one is a motion from the government to disallow statement by a cooperative Witness [CW] while speaking to his brother in a recorded phone call.  Apparently some statements were “racially charged”.  Government filing says defense should not be able to enter this line of questioning, as it is irrelevant and “racially tinged”.   I have not seen the ruling yet….stay tuned

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27 comments:

  1. Hunting el chapo was a great book. Highly recommend it

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    1. I heard it was terrible and a big look at me look at me from the DEA agent.

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    2. he should have stuck to the facts and not made it about him...imo

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    3. That book sucks ass he speaks more about him self then Chapo lol

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    4. Still was a great read. I was disappointed thought chapo was ALOT smarter. He really wasn't.

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    5. That book is for Netflix narcoplaticantes that talk about narcos through out the holidays to their respective families. If you want to read a good book on chapo buy 'The Last Narco' you're little heads will explode with new info you'll annoy your loved ones telling lmao

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    6. 812 that book was written by a DEA AGENT no shit it's going to make Chapo look stupid. His vanity brought him down plain and simple. It's the same old song since the beginning of time. If he was really dumb then how the hell didn't the DEA have him years ago mcfly?!?!?

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    7. No he was never that smart… He was just picked by Felix Gallardo to have a territory/plaza. Just like to Medellin cartel and all of its founders… Just smalltime criminals who happened to be in the right place at the right time to ascend to the top of the drug trafficking world.

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    8. I used to think he was very smart but then when he was interviewed by Sean Penn I changed my mind and I wrote this (in Spanish, sorry)
      http://www.milenio.com/opinion/juan-carlos-ramirez-pimienta/columna-juan-carlos-ramirez-pimienta/narcocultura-la-pregunta-que-desperdicio-el-chapo

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    9. 7:06 LOVE your article and encourage readers to read it by following your link. Great journalism begins and ends with great questions. Penn fell into the "Get", and then was clueless to Chapo's history, or the drugwar. He was like a guy stranded on an island, finding a trunk of gold but incapable of doing anything with it.

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  2. united states of CORRUPTION!!! Not only are they rigging the trail. They will not put any of the big banks up there next to Chapo. We all know the banks are the back bone of big money crimes. With out the bank laundering the money it would be useless. So how about the whole board from bank of america be put in super max? They help terrorists move money as well.

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    1. Of course its corrupt but it has the strongest economy in the world. Thats why everyone else depends on the dollar. Without the deceit and lies perpetrated by US politicians and friends, the rest of the world would fall into chaos and anarchy.

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    2. This is sadly the truth without the banks our profession would not exist

      -El E1

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    3. Lol that's like asking the mexican government to actually do something about its narco state. There will be no solution as long as greed and power fuel this mess.

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    4. YES! The nefarious banks (like Wells Fargo and settled for peanut penalty for money laundering) will find a way to distance themselves.

      Another ugly thought: To what degree, if any, do Mexican narco-cartels "interfere in elections and politics in the USA?

      Yes, we know the fake news media (Democrats) keep telling us its the Russians. Really? I think we should look at Mexican narco-cartels. If you were them would you want all the things Trump is doing? Smoke and mirrors, gente!, smoke and mirrors!
      Mexico-Watcher

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    5. There will be no solution until you decriminalize narcotics, and let governments manage and control the addict if somebody wants to be an addict let them be an addict—And what the government dispense it to them. That would remove any potential for profits… Or be the best solution possible… It certainly can’t be any worse than what we have

      You must remove the $$$!!! Just do a little reading about Uruguay’s approach… Certainly controversy all but so far it’s having much better outcomes then we see when we treat drug possession drug use criminally.

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    6. The cartels involved in our election, throwing shade at the Democrats, you must be an independent in terms of politics; Shirley there’s no way you’re a Republican.
      Number one you’re giving the cartel leaders in the cartels much more credit than they deserve… To put them on the level of the Russian intelligence services you must be reading double those sixes post in believing them Dash – that my friend is fake news. The cartels interfering in our elections, your arrogance and thinking they care about more than anything then money and not getting caught is laughable. Most of them though they certainly don’t want to be extradited Couldn’t care less who our pres is

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    7. 250 rigged lol, we are not in a Mexican court with judges with fake wigs, trail is in the US, trail has barely started and people like you say it's rigged. The evidence will be presented in court. Ant that will determine how many years Chapo will get in the pen.

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  3. Nicely broken down, thank you

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  4. Emma pulls out a cellphone during the trial.... does she think rules do not apply to her???

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    Replies
    1. She needs to be arrested and her property searched for secret recordings of the courtroom. The dumbass can get people killed and shes an accomplice.

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    2. The judge yelled at her from my understanding

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    3. Fucking mexican hillbilly bitch no one said she was smart look who she married.

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    4. She was born in the U.S.

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  5. http://zetatijuana.com/2018/11/ex-piloto-y-compadre-del-chapo-testifica-contra-el-capo-sinaloense-en-ny-a-emma-coronel-le-quitan-celular/

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  6. If you have been following the trial you would see NO ONE is playing Fair..

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