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By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, July 27 –  After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21 the ex-president himself, Juan Orlando Hernandez, was extradited to the United States.

  Inner City Press which covered the trials of Tony Hernandez and Giovanny Fuentes Ramirez immediatley published the unsealed JOH indictment, which was returned on January 27, 2022 but left under seal. 

  The indictment is under the same docket number of Tony Hernandez, 15-cr-379, before U.S. District Court for the Southern District of New York Judge P. Kevin Castel. 

Also on the docket: "Conference as to Mauricio Hernandez Pineda held on 7/26/2022. Defense counsel to submit letter to chambers as ordered by the Court by August 5, 2022. Defense motion for severance is due by October 28, 2022, government response due by November 22, 2022, and any defense reply due by December 9, 2022. Government voir dire, request to charge, 404(b) evidence, and any motions in limine are due by October 28, 2022. Defense voir dire, request to charge, 404(b) evidence, and any motions in limine are due by November 22, 2022. Government may reply by December 9, 2022. Final pre-trial conference is scheduled for December 22, 2022 at 2 PM. Trial is scheduled for January 23, 2023 at 10AM. Time is excluded under the Speedy Trial Act until January 23, 2023. Defendant continues to be detained."

  Back on May 10, Juan Orlando Hernandez though his lawyer complained about his prison conditions. As Inner City Press first live tweeted (below), Judge Castel directed the government to file a written response in a week.

 The response, heavily redacted, acknowledges JOH was "temporarily in a restricted housing unit" but says "he is not in a unit with the same rules and regulations as the general inmate population." It says he is now receiving commissary funds and has the same rules on visits, email access and phone usage as the general population at MDC." These does not appear to be any response on JOH not being given the basketball when he was on the basketball court - unless that is sealed. Letter on Inner City Press' DocumentCloud here. Inner City Press remains on the case.

On May 10, Juan Orlando Hernandez was brought into court to be arraigned. Inner City Press live tweeted it, thread here:

OK - here for Honduras Juan Orlando Hernandez arraignment on narco-trafficking charges. For his 2d term he was backed up by UNSG  @AntonioGuterres . Now 1 of the 2 is arrested / lectura de cargos de Honduras Juan Orlando Hernández por cargos de narcotráfico.

 JOH has entered in prison blue T-shirt. Courtroom is full. He points at his heart, looking at someone in the gallery. Interpreter is speaking through microphone and headphones to him.

 There are 3 U.S. Marshals accompanying JOH, one standing behind him, two by the door of the cell block he came in through. We are waiting for Judge Castel.

Judge Castel: We are here for US v. Juan Orlando Hernandez. Raymond Colon: On behalf of Mr. Juan Orlando Hernandez Alvarado. Judge Castel: I have a superseding indictment. Mr. Colon, has the defendant discussed it with you?

 Colon: Yes. Judge Castel: How do you plead? JOH: Not guilty, Your Honor. Judge Castel: Let me hear about the discovery. AUSA: We have electronic files including social media messages from the defendant. We are 60 days to complete production.

Judge Castel: Do you have wiretaps and search warrant returns? AUSA: Yes. Judge Castel: Any post-arrest statement? AUSA: No. Judge Castel: Mr. Colon, any motions? Colon: Yes sir.

Judge Castel: How about you come back in 120 days to make any motions? Colon: Yes. Judge Castel:  So, the latter half of September...  [JOH is taking notes on a yellow legal pad. A woman in the front row is having interpretation whispered in her ear.]

 Judge Castel: So September 28 at 11 am.  Colon: I'd like to put something on the record. I have the honor of representing the former president of Honduras. The people in the gallery wish to show their admiration for him (?)

 [Outside on Worth Street a crowd is chanting for JOH to be given at least the same life plus thirty years his brother Tony got]

Colon: It was difficult meeting my client in the MDC. It undermines the 6th Amendment. I should not have to do a daily vetting process Colon: My client, since he has arrived, has been denied commissary privileges. We have tried to deposit money but it is rejected. He's been there for 20 days without any access to the commissary. He has not been allowed to call his family.

Colon: My paralegals can get in to see him, but I cannot. I do not think I am on any watchlist. He has also been denied access to emails. He is in a segregated unit. I understand. I was assistant commission of jails in NY (?) but why no exercise?

 Colon: He's in K.H. 4, he's the only inmate there. He's being treated like a prisoner of war. In the basketball court he is not given a ball.

 Colon: He's not a terrorist. He hasn't harmed anyone -- [Loud coughing in the gallery. Many here do not agree that JOH "has not harmed anyone."]

 Judge Castel: I'd like the prosecutors to look into any restrictions on Mr. Colon's access to his client, and to report to me in one week, seven days. If there is material that needs to be under seal, so be it, it can be.

Judge Castel: As to his placement in the SHU [Special Housing Unit], it's not what we do as the judiciary. Mr. Colon, after that report, you could write to me. AUSA: We are determining if a classified briefing will be needed. We'll say in 60 days.

AUSA: We move to exclude time under the Speedy Trial Act until Sep 28. Judge Castel: I intend to pick a trial date on Sept. 28, and I just Tues January 17, 2023 would work for a trial. Adjourned

On April 25, despite a mis-report by Radio HRN that Juan Orlando Hernandez is in the MCC jail (it is closed, after Jeffrey Epstein), JOH appeared in the US Bureau of Prisons database as placed in the Metropolitan Detention Center (MDC) in Brooklyn, where accused CIA leaker Joshua Schulte and Ghislaine Maxwell, pending her sentencing this summer, are detained. Photo here. Watch this site.

Back on April 21, a lawyer filed a notice of appearance to represent JOH: Raymond L. Colon of 131 Pugsley Avenue in The Bronx, with 30 other cases over the years in SDNY.

On April 22 by video Colon represented JOH at his presentment. Inner City Press live tweeted here:

OK - now the presentment of former Honduras president Juan Orlando Hernandez. He is visible on screen with a phone in his ear, in the same jacket he was extradited from Tegucigalpa in.

 Now JOH, maskless, is talking into telephone handset. His volume is down; his lawyer Raymond Colon is on another line, says, "I am back if anyone is looking for me." JOH will be using an interpreter.

 For the government: AUSA Elinor Tarlow. JOH, with a white wall behind him, is looking wistfully out a window to his right. And here's Magistrate Judge Aaron, apparently from his chambers

Raymond Colon is not visible by video. Just Judge Aaron, AUSA Tarlow and, on the big screen, JOH. Judge Aaron: Mr. Orlando Hernandez, are you able to understand me? JOH: Yes, through the interpreter.

AUSA Tarlow is the only one using the blurring function on her video camera. Colon: I have discussed this with my client. He agrees to proceed virtually. Judge Aaron: Mr. Orlando Hernandez, you agree? JOH: Es correcto.

 Judge Aaron: Mr. Orlando Hernandez, you are charged with certain crimes... You have the right to remain silent.  We have have to notify your country that you have been arrested. [No irony there.]

Judge Aaron: A grand jury returned an indictment against you for cocaine importation, possession of machine guns, conspiracy. Since 2004 to 2022 you allegedly participated in a drug trafficking organization and received millions to support DTOs in Honduras, Mexico

AUSA Tarlow: The Government is seeking detention.

Colon: We consent but may file a request for release on bail later, once we get the sureties in place. Judge Aaron: I'm aware there was an extradition here. AUSA Tarlow: He arrived here at 12:50 am.

 AUSA Tarlow: There is an arraignment on May 10 at 11 am before Judge Castel. We move to exclude Speedy Trial Act time. Colon: No objection.  Judge Aaron (after 5f notice, through which JOH nods and stares out the window) We are adjourned.

 Post script: After the proceeding, word is that Juan Orlando Hernandez is in the custody of the Drug Enforcement Agency, DEA - hence the better than normal conditions he Zoomed in from.

 Previously, Inner City Press asked UN Secretary General Antonio Guterres why he supported already-disgraced JOH in helping to steal his second election, by sending a four person panel with no read-out.

There has still been no answer from UN Spokesman Stephane Dujarric - but Guterres' head of media access Melissa Fleming has banned Inner City Press, ongoing. 

On April 21 Inner City Press posted vlogs in English and Spanish, and streamed the DEA press statement from DC, here. We will cover JOH's presentment, arraignment and trial. 

The case is US v. Juan Orlando Hernandez, 15-cr-379 (Castel). 

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