Juan Orlando
Hernandez, until earlier in
the year the president of
Honduras, was no usual
defendant. After years of
selling his country and
position to drug traffickers
like El Chapo Guzman in
exchange for campaign money
to steal a second term, the
day before he had been flown
here from Tegucigalpa on a
small plane by the US Drug
Enforcement Agency.
Now I
just had to find out where
he was, and when he would be
presented.
It wasn't easy. First
thing that Friday I went to
the SDNY Magistrates Court
but found the door locked.
I'm used to locked doors. I
got locked out of the United
Nations after I asked why
Antonio Guterres, the UN
Secretary General then and
now on the day of
extradition, had supported
JOH's second term.
Guterres had sent
south a four-person UN team
to smooth things over, then
refused to provide any
read-out. The response was
to have me roughed up by UN
Security then banned. How
very JOH. Birds of a
feather.
Now I covered the
SDNY courthouse. I sent a
few emails, asking when and
where JOH would be
presented. By noon there was
an answer. At 3 pm, but only
by telephone, or video
conference. We would be
allowed to watch it on the
TV screens jurors used, in a
large courtroom on the 24th
floor of the courthouse.
I went out to the
street in front of the
courthouse, where a crowd on
Honduras had already started
to gather. An old woman
greeted me.
"Mateo, I haven't
seen you since the
sentencing of Geovanny
Fuentes Ramirez," she said.
"I'm here every day,"
I said. "But welcome back."
"Do you think Tony
could reduce his sentence by
testifying about JOH?" she
asked me.
Juan Antonio
Hernandez or Tony was Juan
Orlando's brother. He had
been convicted in a jury
trial presided over by Judge
P. Kevin Castel who then
sentenced him to life plus
thirty years in prison.
"Maybe he could get a
couple of years shaved off,"
I said. Life plus 28.
I walked through the
playground, past a cluster
of TV reporters one of whom
I recognized from the UN -
he had done nothing to
defend or even ask the UN
about me, after Guterres had
me roughed up and banned -
and bought for three dollars
a container of Chinese hot
and sour soup at Tasty
Dumpling on Mulberry Street.
What
people like JOH and his
brother didn't know, I
thought to myself sipping
the soup, was that a person
could live fine without
getting in bed with
head-choppers like El Chapo.
But I digress.
At 2:55 pm I went up
to the 24th floor. We
reporters were allowed into
the jury box, each with our
own TV monitor which showed
JOH sitting in a white room
with a phone handset in his
ear. He was still wearing
the blue puff jacket in
which he'd been extradited
from Honduras.
Usually the first
thing an arrested defendant
gives up in his jacket, soon
to be replaced with beige
prison clothes. That JOH
still had the jacket implied
to me that he was being
handled differently. So too
this virtual presentment,
which avoided him being
paraded into the Magistrates
Courtroom in shackles, two
US Marshals looming over
him.
JOH's lawyer Raymond
Colon could be heard but not
seen. Maybe he didn't turn
his camera on, or maybe the
Microsoft Teams platform
Magistrate Judge Stewart D.
Aaron was using didn't allow
more people to be shown
beyond himself, JOH and
Assistant US Attorney Elinor
Tarlow.
She had
used the blurring function
that Teams as well as Zoom
and WebEx offer. But still
visible was the clock on the
wall behind her, though not
the time. She was in her
office.
Judge Aaron was in
his Chambers, with a
bookshelf and American flag
behind him. But where was
the room the JOH was in,
with window near he he kept
looking out of?
The proceeding began.
"Mister Orlando
Hernandez, are you
understanding me through the
interpreter?" Judge Aaron
asked.
Orlando Hernandez had
been a Cuban pitcher for the
New York Yankees, who had
swum part of the 90 miles to
Florida and signed a big
free agent contract. It was
what Judge Aaron was calling
JOH, instead of Mister
Hernandez Alvarado. Happens
all the time.
I recognized the
voice of the interpreter,
the main Spanish language
interpreter used in the
SDNY. I often wondered how
he felt at the end of the
day after translating
allocutions and pleas for
mercy, like "Your Honor I
will never do it again," or
"Your Honor I never meant to
hurt this great country" by
a defendant before prison
followed by deportation. The
interpreter should be the
author, not me. But maybe
his contract prohibited it.
A cultural Non-Disclosure
Agreement.
"Mister Orlando
Hernandez, you are charged
with certain crimes," Judge
Aaron said. "You have the
right to remain silent.
We may have to notify
your country that you have
been arrested."
This was ironic,
given that JOH has been
extradited under his
successor. Everyone in
Honduras knew he had been
arrested, and many were
playing drugs and holding
banners supporting his
arrest on Worth Street 24
stories below.
"A grand jury
returned an indictment
against you for cocaine
importation, possession of
machine guns, conspiracy,"
Judge Aaron said. "Since
2004 to 2022 you allegedly
participated in a drug
trafficking organization and
received millions to support
DTOs in Honduras, Mexico and
elsewhere."
I had been in Judge
Castel's courtroom when a
witness described El Chapo
delivering a million dollars
to JOH using a fake TV news
truck. But where else had
JOH invected with drug
money? The UN's glass house
on 42nd Street? Or only UNSG
Antonio Guterres' mansion
ten blocks north on Sutton
Place?
Judge Aaron said,
"Let me hear the
government's position on
detention or bail."
"The
Government is seeking
detention, on grounds of
risk of flight and danger to
the community," Assistant US
Attorney Tarlaw said.
I perked up. Maybe
there would be a bail fight,
and the AUSA would have to
preview their evidence
against JOH, beyond what had
been said during the trials
of Tony Hernandez and then
Geovanny Fuentes Ramirez.
But JOH's lawyer
Raymond Colon said
off-camera, "We consent but
may file a request for
release on bail later, once
we get the sureties in
place."
JOH would certainly
have the money, drug money,
to present a bail package.
"So it will be
detention on consent without
prejudice," Judge Aaron
said. "When is the next
proceeding?"
"There
is an arraignment on May 10
at 11 am before Judge
Castel," AUSA Tarlow said.
"We move to exclude Speedy
Trial Act time."
"No
objection," Colon said.
"Then we'll stand
adjourned," Judge Aaron
said. For a moment it seemed
they might leave the video
camera on and we'd learn
more where JOH was. But the
screen faded to black. And I
could hear the protesters'
drums from down on Worth
Street. I would write this
proceeding up then got out
and live stream them. It was
Narco Honduras Day 1 - a
series I would follow to the
end.
Spanish, and bonus on
DEA, on Patreon here.