| In Colombia
FARC Drug Case Talk of Intercepts US Gave
58 Transcripts Now Younes Pleads
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
May 3 – Fabio Simon Younes
Arboleda was indicted, with
four others, for trying to
import 10,000 pounds of
cocaine from Colombia into the
United States.
On November
17, 2020 U.S. District Court
for the Southern District of
New York Judge Valerie E.
Caproni held an arraignment
and bail hearing. Inner City
Press covered it.
The US
Attorney's office emphasized
the defendant's connections
with Seuxis Paucis
Hernandez-Solarte a/k/a Jesus
Santrich, of the FARC in
Colombia. Reference was made
to Maduro of Venezuela, and
the Sinaloa cartel in
Mexico.
The
argument for bail was that he
could live in Florida, near
Orlando.
But Judge
Caproni did not go along - she
denied bail, and set the next
proceeding for December 4.
On November
27 in advance of that
proceeding Younes' lawyer
wrote to Judge Caproni that
"he consents to be appearing
solely via counsel" and that
his own cell phone number has
by the Westchester County Jail
been "designated for
attorney-client communications
and not subject to recording."
On December 4,
Judge Caproni held a
proceeding and Inner City
Press covered it. She asked
about the status of a
co-defendant and was told that
while the US Attorney's Office
was seeking extradition,
Columbia had released the
person sought. He now believed
to be near the Venezuela
border, but the AUSA said all
efforts are being made to
capture him.
Jump cut
to August 17, 2021, when Judge
Caproni held another
conference in the case and
Inner City Press again covered
it. There was walk of
intercepted communications in
Colombia. The defense's
pre-trial motions are now due
on January 14, with the
government's response on
February 11.
Another
proceeding was set for
December 16. Judge Caproni
said, referring to COVID, that
she hopes by next summer
proceedings are closer to the
pre-pandemic status quo than
for now.
On October 29,
the US Attorney's Office filed
a status report that it has
given the defense 58
transcripts, and
Spanish-language summaries of
55 calls intercepted by
Colombian authorities.
On March 16,
2022, this: "Mr. Younes and
Mr. Gomez's motion to exclude
evidence on grounds of
inaudibility and
inauthenticity is DENIED
without prejudice; Mr.
Younes's motion to sever the
Defendants' trials is DENIED
with prejudice; and Mr. Younes
and Mr. Gomez's motion for the
early production of § 3500
material and Rule 404(b)
evidence is DENIED as moot. IT
IS FURTHER ORDERED that any
motions in limine are due no
later than Friday, May 6, 2022
and any responses in
opposition are due no later
than Friday, May 20, 2022. Any
motions to exclude particular
pieces of evidence on grounds
of inaudibility or
inauthenticity should be filed
by the May 6, 2022 deadline.
The Court will determine
whether a hearing on the
motions is necessary upon
reviewing the parties' legal
briefs. IT IS FURTHER ORDERED
that proposed voir dire
questions and requests to
charge are due no later than
Friday, June 3, 2022. The
parties should only file
proposed voir dire questions
that relate to the particulars
of this case; the Court will
use its standard voir dire
questions with respect to
general matters. IT IS FURTHER
ORDERED that the Court will
endeavor to commence jury
selection and the trial in
this matter on Monday, July
18, 2022."
On May 3, Younes
pled guilty: "ORDER as to
(18-Cr-262-4) Fabio Simon
Younes Arboleda. WHEREAS on
May 3, 2022, the parties
appeared for a change-of-plea
hearing; and WHEREAS Mr.
Younes entered a plea of
guilty, which was accepted by
the Court; IT IS HEREBY
ORDERED that Mr. Younes'
sentencing is scheduled for
Thursday, September 1, 2022 at
10:30 AM."
The overall
case is US v.
Hernandez-Solarte, et al.,
18-cr-262 (Caproni)
***
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