Honduras JOH
Trial Pushed To April 2023 After In
Salguero Case Ardon Motions Withdrawn
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
Sept 19 – After the
president of Honduras' brother
Tony Hernandez was convicted
of drug trafficking and
sentenced to life plus thirty
years, on April 21, 2022 the
ex-president himself, Juan
Orlando Hernandez, was
extradited to the United
States.
[Espanol aqui]
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.
On September 19,
2022, JOH's trial was pushed
back to April 24, 2023:
"ENDORSED LETTER as to (S7
15-Cr-379-10) Juan Orlando
Hernandez addressed to Judge
P. Kevin Castel from AUSAs
Jacob H. Gutwillig, Michael D.
Lockard, Jason A. Richman,
Elinor L. Tarlow, dated
September 19, 2022 re: The
parties jointly write with
respect to the September 28,
2022 status conference and
other upcoming dates currently
scheduled in this matter.
ENDORSEMENT: September 28,
2022 conference is adjourned
to October 27, 2022 at 2:00
p.m. in Courtroom 11D. The
date for the Government's CIPA
motion is extended to February
1, 2023. The trial date is
moved from January 17, 2023 to
April 24, 2023. Time is
excluded to April 24, 2023 so
that the parties may engage in
the activities described in
the Government's letter of
September 19, 2022 and
otherwise prepare for trial.
SO ORDERED. (Signed by Judge
P. Kevin Castel on
9/19/2022)(bw)
Now, a related
case is moving toward trial,
on Salguero
Morales and
Ronald Enrique
Salguero
Portillo, with
problems about a witness,
Ardon Soriano. Inner City
Press live tweeted a
proceeding on August 17, 2022,
here
then filed to unseal the
secret motions, response due
August 22, docketed request here.
On Sunday
September 4, before any ruling
on Inner City Press' unopposed
motion to unseal, now they are
seeking to "withdraw" the
motions. But they are judicial
documents. The request: "Dear
Judge Castel, On or about
August 17, 2022, sealed
motions were filed by previous
defense counsel for defendant
Ronald Enrique Salguero
Portillo. The motions were
jointly filed, Mr. Feitel,
attorney for Otto
Salguero-Morales, joined in
the motion on behalf on his
client. Defendant Ronald
Enrique Salguero Portillo
hereby withdraws the sealed
motions filed on his behalf.
Faithfully yours, /s/David
Zapp Attorney for Ronald
Enrique Salguero Portillo CC:
AUSA Kaylan Lasky."
On September 6,
Judge Castel granted the
motion to withdraw, and
dismissed Inner City Press'
application to unseal as moot:
"MEMO ENDORSEMENT as to Otto
Rene Salguero Morales (6),
Ronald Enrique Salguero
Portillo (7) on re: [466]
MOTION filed by Ronald Enrique
Salguero Portillo to Withdraw
Document specifically,
previously filed motions.
ENDORSEMENT: Based upon the
decision of both defendants to
withdraw the motion the motion
filed by defendant Ronald
Salguero Portillo joined in by
Otto Salguero-Morales are
deemed WITHDRAWN. The
application to UNSEAL is
DENIED as MOOT. SO ORDERED:
(Signed by Judge P. Kevin
Castel on 9/6/2022). We'll
have more on this.
Some of Inner
City Press' request - which
should be granted as the
motions they now seek to
disappear:
"Dear Judge
Castel: On
behalf of Inner City Press and
in my personal capacity, this
is near immediate request to
unseal, in full or at least in
part, the motions discussed
this afternoon in open court
in the above-captioned
proceeding, which Inner City
Press is
covering.
Outgoing counsel for Mr.
Ronald Enrique Salguero
Portillo, it was said,
submitted a motion on August
3, 2022 regarding alleged
problems with the testimony of
a witness, "Ardon Soriano."
This was apparently followed
up with a second motion
submitted today, August 17,
2022. But neither
motion is contained in the
docket on PACER, nor any
request to file under seal.
The First Amendment to the
U.S. Constitution guarantees
to the public a right of
access to court proceedings.
U.S. CONST. AMEND. I; Globe
Newspaper Co. v. Superior
Court, 457 U.S. 596, 603
(1982). The public’s right of
access is strongest when it
comes to criminal proceedings
such as these, which are
matters of the “high[est]
concern and importance to the
people.” Richmond Newspapers,
Inc. v. Virginia, 448 U.S.
555, 575 (1980) (plurality
opinion).
This is a Press request that
the filings be unsealed
consistent with Lugosch v.
Pyramid Co. of Onondaga, 435
F.3d 110 (2d Cir. 2006).
Parties such as Inner City
Press and myself have standing
to intervene in criminal
proceedings to assert the
public’s right of access.
United States v. Aref, 533
F.3d 72, 81 (2d Cir.
2008).
This is a request that this
opposition to sealing be
docketed as, for example, took
place in US v. Bright,
19-cr-521 (PKC), and in this
case, regarding Juan Carlos
Bonilla Valladares, on May 11,
2022,, after which Magistrate
Judge Katharine H. Parker
ruled: "The Financial
Affidavit was filed under
seal. On May 11, 2022, Matthew
Russell Lee (“Lee”), a
reporter with Inner City
Press, filed a letter
intervening on behalf of the
public and requesting that the
Financial Affidavit be
unsealed. I find that
the Financial Affidavit should
be unsealed."
The same should happen here.
On May 11, JUAN
CARLOS BONILLA VALLADARES, or
Tigre Bonilla, formerly of the
Honduran National Police, was
presented and Inner City Press
live tweeted it here
On May 10, Juan
Orlando Hernandez was brought
into court to be arraigned.
Inner City Press live tweeted
it, thread here
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
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, et
al., 15-cr-379 (Castel).
***
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