In
Honduras Trial Defense Raises
Pajama Purchase But US Has
Post Arrest Statement of Tony
Hernandez
By Matthew
Russell Lee,
Patreon, Thread,
Video
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Oct 16 – The
prosecution of
the brother of
Honduras'
president for
guns and drug
running began
with a bang on
October 2 with
the charge
that already
life
imprisoned El
Chapo Guzman
gave the
defendant $1
million for
this brother,
the president.
The evidence
closed on
October 15,
with closing
arguments set
for October
16. Inner City
Press
Periscope
video here.
On
October 8,
sworn witness
Alex Ardon
described a
meeting with
both El Chapo
and Tony
Hernandez
present and
the cash in
plastic bags,
and then got
cross examined
about killing
56 people, see
thread, Patreon and below.
The
trial is
before U.S.
District Court
for the
Southern
District of
New York Judge
P. Kevin
Castel and
Inner City
Press is live
tweeting
it. See also
Patreon here
on the fast
mention and
shut-down of
Nikki Haley's
name.
On
the morning of
October 16,
AUSA Emil Bove
delivered a
more than two
hour
summation,
ranging from
Chapo's bribe
to Juan
Orlando
Hernandez
through his
brother, the
defendant, to
guns, to the
murder of
Chino in jail.
He concluded,
do justice to
this man
untouchable in
Honduras and
find him
guilty.
In
the afternoon
defense lawyer
Tein probed
the evidence
and the
"liars, losers
and murderer"
the US had put
on the stand:
Chang, Rivera
and Ardon.
Tein asked if
a narcotics
trafficker
buys pajamas
in Target with
a credit card.
The answer
seems to be,
Perhaps.
AUSA
Houle in final
rebuttal said
even if Tony
Hernandez had
permits for
his machine
guns, he used
them for drug
trafficking.
Full
thread here.
Having covered
the whole
trial, the
most damn
evidence seems
to be Tony
Hernandez' own
arrogant
post-arrest
statement. On
October 17 the
jury will
begin
deliberations.
Watch this
site.
On
Tuesday
October 15 the
government
closed with
cooperator
Fernando Chang
Monroy and an
ATF gun expert
named Cody
Toy. Then
after
conferring
with his
lawyer Omar
Malone in the
holding cell,
Tony Hernandez
told Judge
Castel he
would not
testify. The
times for
closing
arguments were
set --
government 2
and 1/2 to
begin and 30
minutes in
rebuttal,
defense 2
hours maximum
-- and Judge
Castel told
the jury they
might get the
case to
deliberate
late on
October 16, or
early on the
17th. It is
getting to end
game. Analysis
here.
And more on
Patreon here.
On Sunday
October 13
Assistant US
Attorney Emil
Bove informed
Judge Castel
that a deal on
evidence was
reached with
Tony
Hernandez'
lawyers, to
modify and
presumably
expand how
much of the
defendant's
post arrest
statement will
be seen by the
jury; DEA
Agent Gonzalez
who conducted
the interview
with not be
subject to
more cross
examination.
Also on
October 15 the
prosecution
will put on
the stand
another
cooperator, a
weapons expert
and another
DEA agent, not
Gonzalez. More
on Patreon, here.
Here's
the letter:
"The
Government
writes to
inform the
Court that the
parties have
reached
agreement
regarding
Government
Exhibits 403
and 403-T,
which contain
excerpts of
the
defendant’s
postarrest
statement.
(See Tr. 754).
Although the
Government
believes that
the defendant
waived any
argument under
the Rule of
Completeness
by failing to
timely object
(see id. at
745-47), the
Government has
agreed in
response to
defense
requests to
modify certain
segments of
the recording
(GX 403) and
the
corresponding
transcript (GX
403-T). The
Government
will publish
the modified
segments to
the jury on
Tuesday,
October 15.
The parties
are also in
agreement that
there will be
no further
cross-examination
of Special
Agent
Gonzalez.
Respectfully
submitted,
GEOFFREY S.
BERMAN
United States
Attorney By
Emil J. Bove
III."
And
here
the post
arrest
statement as
so far put in
to the jury,
as uploaded to
YouTube by
Inner City
Press, here.
On October 11
much of the
direct and
cross
examination
concerned a
video filmed
of Tony
Hernandez in a
Denny's in
Tegucigalpa,
which Inner
City Press has
put online here.
Here
from the thread
is some of how
it came up:
...
The
questioning
turns to Los
Cachiros,
Devis Leonel
Rivera
Maradiaga
..AUSA: So
this meeting
in a
restaurant in
Tegucigalpa,
how did you
record it?
[Referring to
exhibit 401].
A: With a
watch. AUSA:
Where did you
get the watch?
A: I bought
it. AUSA: And
afterward you
gave the
recording to
the DEA? A:
Yes....
Tony
H's lawyer
asking a lot
of questions
about the
watch-recording
in Denny's:
who decided
when to turn
on the camera
and when to
turn it off,
did it use
blue tooth...
Q: How did you
turn over the
footage to the
DEA? A: On a
card
Tony
H's lawyer:
Weren't you
afraid you
would be
followed?
A:
No, I had just
bribed the
brother of the
president...
On October 10
there were
arguments
until the end
of the day
about whether
larger
portions of
Tony
Hernandez'
post arrest
statement than
so far shown
to the jury
should come in
to evidence.
Judge Castel
chided the
defense for
not objecting
earlier, but
gave them a
chance. He
said both
sides should
submit on the
issue by
Sunday and
noon. And so
they did -
with a deal.
Inner City Press
will continue to cover this
and other SDNY and 2nd Circuit
cases - watch this site, and there is
more on
Patreon, here.
***
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