El Chapo trial: Witness says "Yes I hate him"

Chivis Martinez - Material from Pacer Gov Docs-Molly Crane NYT-Mica-BB archives

Today testimony continues from Chapo’s former pilot, Miguel Martinez.

I was a good friend,  says cooperative witness Martinez

Miguel testified that he took care of Griselda and her children who she had with Chapo, after Chapo was captured in 1993, letting them live in one of his houses, giving them money, and “making sure they were always taken care of."

“I never failed Mr. Guzman, never stole from him, never betrayed him, I watched over his family, and the only thing I received from him were four attempted [murder] attacks.”

Well, he did get something.  For starters a million dollars pay per year.  He received countless expensive gifts, trips and about those houses of his.  Chapo had properties placed in Martinez’ name.  By Martinez’ own admission he sold one as he needed the money for his attorneys.  Problem is….that was Chapo’s property.  It would appear the statement of never failing, betraying, or stole from Chapo fails on that one act alone. He says he only sold the house after an attempt was made on his life.  Not a smart move for a guy in fear of being murdered.

Attempts on his life

1998 stabbing, shortly after he was arrested. He claims it was subsequently he sold a house that El Chapo's mistress and her children were living in, with the proceeds he paid his attorneys. The house was actually the property of Chapo placed in Martinez’ name.

The stabbing occurred on visiting day, “when three men who came in my cell and began stabbing me. I arrived at the hospital dying."  He suffered 7 stab wounds, his lung and intestines were perforated.   After the murder attempt he was placed back in the same cell block as his aggressors.

He was then stabbed 5-6 times in the back while making a phone call. He suffered punctured lung and pancreas. He was taken from his cell to make a phone call. He said two inmates approached and "tried to stab me all over my face." The guard saved his life by fighting off the attackers. Images of his wounds were entered into evidence.

Martinez was transferred to a different prison. One night, he heard a strange sound outside his cell window. It was a band, playing a corrido. He recognized it as one of Chapo's favorites. The song was about going into death with nothing. The band played the song all night long, he said.

The song title "Un Puño de Tierra" or "A Fist of Dirt" [lyrics and video at bottom of post] "In the song it says to live your life intensely because the only thing you take with you when you leave is a bunch of dirt."

In the morning, the assassin showed up at his cell. He put a gun to the guard's head and ordered him to open the door. The guard refused saying he didn't have a key, So the assassin tossed two hand grenades at Martinez's cell. He says he survived by shielding himself behind a toilet.

The cooperative witness

Martinez was extradited in 2001 and pleaded guilty to money laundering and conspiracy to import cocaine to the US. He was sentenced to 18 years. He's now in witness protection.

Martinez says he understands he must be a witness for the remainder of his life.  But he also made it clear he did not want to testify in this trial.

He was visibly shaken having to discuss the terms of his plea bargain.  In exchange for his becoming a lifetime witness, he was released from prison serving only 6 years of an 18 year sentence. 

Along with his freedom, he was placed with his family into the witness protection program. He received his work visa and assistance in finding employment.

He received $30K in support from the US government, and for his travel to NYC to testify against Chapo he received a whopping $43K for housing and travel.

Martinez was explaining his cooperation agreement with the government, when he states, “I have testified that I never wanted to testify against El Chapo.” Asked why, he began answering, whenhe was quickly shut down by judge Cogan who did not allow his statement to go forth as it would have been an opinion. An opinion that it was Chapo behind the murder attempts on him. 

Lies and misdemeanors

Martinez confessed to being under psychological treatment. He also confessed that he has repeatedly lied or violated regulations since his extradition to the United States.

While at a government-sponsored home, he smoked inside the home. Confronted by that, he lied "for fear of being run out of the program" of witness protection.  Then the time he was caught stealing while in prison.  Nothing big, the defense is going to need much more than this.

Cross examination

Late afternoon defense attorney William Purpura began his cross. He attempted to discredit about Martinez’ murder attempts testimony.  Purpura asked why there was no official prison report or news coverage about the grenades. He also pointed out inconsistencies from Martinez's past statements. Purpura noted that Martinez said he did 4 grams of cocaine a day for 15 years. He then pulled a 1-gram packet of Splenda and dumped it out on a projector, asking, "Do you agree with me that in itself, is a lot of cocaine?"

The defense attorney then did the math and said if Martinez was doing 4 grams a day, he would have been doing nearly 1.5 kilos of cocaine per year …just by himself.

This made the witness visibly nervous and fidgety and admitted he lied in the past.  

Purpura then said, "The bottom line is you hate him, no?"

Martinez answered; “No, I started hating Mr. Guzman when he betrayed me and ordered someone to kill me."

Purpura asked, “But you hate him?"

 "Yes." Martinez answered

Fistful of Dirt

Roaming, Is how I spend my life

Just traveling the world.

If truth be told, I am a free spirit.

I have no need for anything,

For me life is but a dream.

I drink when I so desire,.

 I don't lie, I am very sincere.

I am like a seagull, flying from port to port

I know that life is short, and in the end I owe that too.

On the day that I die, I won't take anything with me.

You must live life to the fullest for it ends too soon.

Of all that happens in this world,

All that's left are the memories.

When I die, all I'll take is a fistful of dirt.