Wednesday, July 3, 2019

El Chapo Motion for New Trial Denied

Chivis Martinez Borderland Beat

“It’s a once-in-a-lifetime thing. This is the case of the century. Do I want to live it . . . or do I want to watch it on the screen [Juror]




Judge Coga's ruling is below in full, denying a new trial in the El Chapo case, requested because of alleged “jury misconduct”.

Post-trial, VICE spoke with a juror who claimed jury misconduct. The allegation by this juror was that multiple jurors read about the case on line and other media sources. He/She says that they read and spoke about allegations against El Chapo that were not allowed in trial.

This is the ruling below by Judge Cogan, denying a new trial in the El Chapo case, requested because of alleged “jury misconduct”.

Post-trial, VICE spoke with a juror who claimed jury misconduct. The allegation by this juror was that multiple jurors read about the case on line and other media sources. He/She says that they read and spoke about allegations against El Chapo that were not allowed in trial.
From Cogan: 7 jurors heard of the allegations of Chapo and underage girls:
“The juror also told VICE that five impaneled jurors and two alternates had heard about the allegations that defendant drugged and sexually abused underage women.

The juror said that, before the juror arrived at the courthouse that Monday, the juror read the VICE reporter’s tweet that I would ask the jurors about that news coverage. The juror told other jurors to keep a straight face and deny that they had seen the articles.

But the  juror also said that these allegations did not change anyone’s mind, that they weren’t “hung up” on it, and that the jurors engaged in no more than a five-minute conversation about the story, after which they all moved on.

According to the juror, during that conversation, the jurors acknowledged that the allegations might not be true.

The juror also told VICE that the jury engaged in conversations about the trial before they began their deliberations, in violation of my instruction that they must not discuss the case amongst themselves while the trial was ongoing, and that the juror who gave the interview brought home and kept the notes that the juror took during trial.

Finally, the juror told VICE that the concept of being a juror in defendant’s case was alluring because it would be a historical trial. But the juror also told VICE that the jurors were honest during voir dire when they told me that they did not know much about defendant beyond the allegation that he was a large-scale drug trafficker from Mexico. The juror said that they understood that defendant’s trial would last for months and that their role as jurors would require their anonymity and partial sequestration”
Why Cogan did not allow the allegations regarding underage girls:
"Behind my decision to exclude this evidence upon the Government’s motion in limine was that the allegations are irrelevant to either the crimes charged in the indictment or the credibility of the witness who told the Government this information. Thus, the nature of this information is simply extraneous to whether defendant is guilty or innocent of the charges against him, although it is potentially inflammatory."
VICE quoted the juror specifically as follows:
“You know how we were told we can’t look at the media during the trial? Well, we did. Jurors did.” “We would constantly go to [the VICE reporter’s] Twitter . . . . I personally and some other jurors that I knew.”
“I had told them if you saw what happened in the news [about the sexual abuse allegations], just make sure that the judge is coming in and he’s gonna ask us, so keep a straight face. So he did indeed come to our room and ask us if we knew, and we all denied it, obviously.
“[F]or sure” five impaneled jurors and two alternates heard about the allegations of sexual abuse. 
“We did talk about [the allegations of sexual abuse]. Jurors were like, you know, ‘If it was true, it was obviously disgusting, you know, totally wrong. But if it’s not true, whatever, it’s not true,’ . . . . That didn’t change nobody’s mind for sure. We weren’t really hung up on that. It was just like a five-minute talk and that’s it, no more talking about that. 
“I thought we would get arrested. . . . I thought they were going to hold me in contempt .
. . . I didn’t want to say anything or rat out my fellow jurors. I didn’t want to be that person. I just kept it to myself, and I just kept on looking at your [vice] Twitter feed.” 
“The judge said, ‘You can’t talk about the case among each other,’ but we broke that rule a bunch of times.”
“It’s a once-in-a-lifetime thing. This is the case of the century. Do I want to live it . . . or do I want to watch it on the screen."
In his ruling Cogan states:

“Ultimately, the assumed fact that seven jurors discussed for five minutes allegations unrelated to defendant’s culpability published in the media does not compel a finding of  prejudice, and a new trial is not warranted as a result.”

Chapo will be sentenced on July 17, in the Brooklyn courthouse. It is expected he will receive a life sentence, natural life with no parole. The ruling is 45 pages long.  You can read it below. [click on hyperlink below to view in full size]

40 comments:

  1. Animo Patron.
    #freeelchapo
    #elchapolivesmatter
    #gentenueva

    ReplyDelete
  2. Killed me again 006----"ElChapoLivesMatter"

    ReplyDelete
    Replies
    1. He forgot #todossomoschapo

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    2. VERY creative 6:32! Love it

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    3. Chapolivesmatter!!! Lolol

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    4. Leave the appeals for the next president of the US.

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  3. Off to Range 13 you go, fucker...

    ReplyDelete
  4. Enchiladas matter too

    ReplyDelete
    Replies
    1. Chivis, your enchilada recipe, plis?

      Delete
    2. I still need that enchilada recipe from chapos mom. Send some enchiladas to the judge he will free el chapo immediately.

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  5. Thats pure corruption I hate to say it. They exposed the jurors to extremely harmful material for the defendant a few days before deliberations.

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    Replies
    1. It makes no difference, he deserves to rot in jail for so many lives he took away, many sons and daughters without a dad or mom because this greedy mofo decided they where on his way to make illicit money etc etc etc

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    2. 11:42 ay, no mames guey, it is like survival of the most fit, there are WEC and MMA FIGHTS, COCKFIGHTS BULLFIGHTS, dogfights, and donkey races, some win and some lose.

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  6. In other words, the evidence against him was so overwhelming, it didn't matter.

    ReplyDelete
    Replies
    1. It’s the con of justice they are running that’s overwhelming

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  7. https://youtu.be/uwc6HYZCoDg

    Los Jefes

    ReplyDelete
  8. Mexico should stop sending people to US. It's obvious that their rights are not respected. Chapo was treated subhuman since the 1st day he stepped on US soil.

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    Replies
    1. What a dumb @$$, rights not respected. What baloney where were you when the trail was taking place. He went to a prison not a hotel.

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    2. And the rights of the innocent people of Mexico are respected?? After everything the cartel he headed has done to innocent people....please explain how Chapo was the one treated subhuman?? He’s lucky he even got a trial considering he is not a citizen in the US. If he or any of his men had killed extorted or raped your loved one...you certainly would not be concerned about the rights of this piece of trash.

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    3. 3:15 that is what you get when you give money to the wrong people, EPN betrayed friend and foe, after sharing airport facilities with Arturo Beltran Leyva and Genarco Garcia Luna he got betrayed, but it was el. Mochomo first to split him and El Chapo, who were friends for life. Only el chapo did not go for it first. He had free way to Arizona where big international friends had been trading courtesies with him all their perras vidas, including sheriffs and presidents and Generales, governors, lawyers and police who shared of the windfall with open arms and extended hands on both sides of the border.

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    4. 3:15 If nobody had gone facking around trying to preserve the Monroe Doctrine and trying to enforce their interpretation on the Banana republics all over LatinAmerica, you would not be having this problem of the US getting too brown...
      --Stop bitching up the wrong tree, we do not give a fack,
      Aqui estamos, no nos vamos, y aqui nos quedamos.

      Delete
  9. Why does his eyes look tweeked? Why are they big like a chivo? They look like olives I want to eat chapos eyes

    ReplyDelete
    Replies
    1. That's his reaction after learning he would be sent to usa

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    2. Beady little psychotic eyes.

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  10. Even if this man goes on to live out the rest of his life behind bars. His servants will still continue to rape the land. - Sol Prendido

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    Replies
    1. Today it rained on the parade,
      tomarrah it may rain on other parades Sol.

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  11. Now this guy thinks he is special ha , not here in USA

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  12. That's a picture of when they were transferring him up north. Chapo asked ""where are you taking me boss?" He knew he was done for.
    That picture caught his surprised confusion and fear in his eyes
    Should have gone out like Tony tormenta or Escobar.. All the Sinaloa style corridos of how he was a bad a$$ and how he had thousands of talibanes protecting him 24/7 were just imaginative...
    he will suffer in solitary confinement for the rest of his life
    ###chapo snitched

    ReplyDelete
    Replies
    1. What else would you expect from the biggest rat boss of all times in mexico?

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    2. Nobody ever said Chapo had thousands of "talibanes" protecting him. Seven of his bodyguards died protecting him in Los Mochis and him and Cholo Ivan were unarmed as they tried to flee. If this were in the mountains there would have been a huge shootout and they wouldnt have gotten him. Stop being such an idiot.

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  13. Civis . I cant believe you thought my post about the magic fling pig was too much to post . LOL

    ReplyDelete
    Replies
    1. there was nothing wrong with your comment it was supposed to post....if you want to send it again I will look for it.

      Delete
  14. With a nickname like El Rapido , I bet is nerve wracking in that tiny little box . He should just close his eyes and dream of speedboats full of cocaine .

    ReplyDelete
  15. Sicario006 for president!!

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  16. I've asked this question multiple times and nobody answers: how are they going to get Chapo's money?

    https://www.cnn.com/2019/07/05/us/el-chapo-guzman-us-forfeit-money/index.html

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  17. The Americans dont F around. They”ll lock you in prison so long you”ll wanna take your own life. RIP chapo. You wont tunnel or laundry cart your way out of this one.

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  18. Rarely a judge will overturn their court decisions. They will leave it up to the Appeals court, but they rarely overturn their friends decisions from lower courts.

    ReplyDelete
  19. He seemed invincible in 2010 when he was overtaking Juarez. I never expected this outcome. Now he is going to serve life in prison in the US.

    El Ranchero de Juarez.

    ReplyDelete

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