| In
Multi-State Kansas Drug Case De La Cruz
Not Released In DC, Diesel Therapy to
Kansas
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Sept 9 –
A multi-defendant Federal
narcotics conspiracy case out
of Kansas resulted in a
removal hearing on Friday,
September 3 before District
Court for the District of
Columbia Magistrate Judge Zia
M. Faruqui. Inner City Press
covered that hearing - and
another that did not occur due
to timing.
Defendant
Santiago Gamboa-Saenz was
waiting in detention for his
hearing. But because hearing
cannot continue past 5 pm in
the DDC, Judge Faruqui said
this defendant will remain
locked up at least until
Tuesday. The defendant was not
present to hear it, and his
assigned counsel made a formal
objection.
The
defendant who got a hearing,
Frank Gallo De Le Cruz, is not
a citizen but his lawyer did
not want to say of which
country he is a citizen. Judge
Faruqui noted that might be
consistent with the Fifth
Amendment right not to
self-incriminate.
On September 9,
De La Cruz with a new CJA
lawyer was again before Judge
Faruqui. But he was not
released, despite efforts by
Judge Faruqui. His landlord in
DC will not let him back in;
the lawyer mentioned calling
Mexico. He will be transferred
back to Kansas by BOP,
probably through Oklahoma
(a/k/a diesel therapy). How
long will it take? Judge
Faruqui said two to four
weeks, or he'll see De La Cruz
on September 21. There was
talk of re-sealing the case.
An
Assistant US Attorney from
Kansas, with a British accent,
described search warrants on
lockers and the home of a
suspected coorderator being
burned down.
Judge Faruqui
said that the DC Circuit's
decision in the Januaty 6
Munchel case militated for
releasing the defendant - but
that the Munchel case is not
binding on the District of
Kansas, which could appeal his
release.
So he put the
case over untli Tuesday, with
the defendant still detained.
The AUSA from
Kansas said he had not
expected to be appearing by
Zoom and so had not dressed
up. He said he has another
virtual appearance in
Colorado.
This case in DC
is US v. Gamboa-Saenz, et al,
21-mj-589 (Zaruqui)
***
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