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By Matthew Russell Lee, Patreon, Thread
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, Oct 10 – 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. On October 8, sworn witness Alex Ardon further described the 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 October 10, DEA Agent Gonzalez was on the stand, first on direct then on cross examination down to the issues of Tony H's underwear and pajama. Here's some of how it went:

Before jury is brought in, Judge Castel has the lawyers to a sidebar with white noise turned up.  In Honduras trial, Judge Castel returns from long sidebar with white noise and says, "OK, what's the second issue?" AUSA says Tony Hernandez' lawyer now wants to put in the entirety of his post arrest statement, not only US' portions

Waiting in the bullpen, so to speak, is the witness US is still not finished with, Agent Gonzalez. And jury still not brought. They've been having the SDNY Court's / caterer's coffee and pastries for an hour now. AUSA wants to address Tony H statement in writing Inner City Press @innercitypress · 3h Tony Hernandez's lawyer is arguing why 75 additional pages of "unofficial translations" of Tony's post arrest statement should be admitted, say he and Omar Malone are not just being "strategic." But of course, that is a defense lawyer's job, to try to create doubt Inner City Press @innercitypress · 3h Judge Castel says he'll hear from Tony Hernandez' lawyers about the admission of the 75 pages of unofficial transcripts of post arrest statement "today after court." But will it be off the record, behind white noise? Now jury has come in. Judge Castels greets them Inner City Press @innercitypress · 3h Agent Gonzalez, who did the post-arrest interview with Tony H is back on stand. US is playing more of the videos. Here's what we tweeted out on the evening of October 8, now put together in longer form on Inner City Press' YouTube channel:

AUSA: Did there come a time in the interview when you spoke with the Defendant about his use of guns? Agent: Yes. AUSA now putting into evidence a series of gun permits in the name of Juan Antonio Hernandez, some of them expired. Inner City Press @innercitypress · 2h AUSA: Did the defendant explain to you why he had traveled to the US? Agent: Yes.  US playing video of Tony H talking about his companero, could meet him in Cancun - or in Houston. [We've put that video up.] Inner City Press @innercitypress · 2h AUSA: No further questions. Judge Castel: Alright, cross examination. Tony H's lawyer and AUSA confer at the podium, whispering, then ask Judge Castel for a sidebar. And now the white noise again. Inner City Press @innercitypress · 2h And we're back after a long break during which Inner City Press saw a plastic bag being carried up from AUSAs' office on 5th floor.  Now Tony H's lawyer: Agent Gonzalez, I have placed before you a bag. Who signed it? Agent: Special Agent Fairbanks & Agent Bush Inner City Press @innercitypress · 2h Q: Is that bag the stuff you took from Tony Hernandez when you arrested him? FBI Agent Gonzalez: It would appear so. Q: So here is his hat (waved it around). And the plastic gun licensed that were in his wallet, right? Inner City Press @innercitypress · 2h Agent reads one of the cards, in Spanish: Membership in Honduras College of Lawyers, authorizing its holder to practice law anywhere in the Republic. AUSA: We don't object to him translating it into English. Inner City Press @innercitypress · 1h Tony H's lawyer asks FBI agent about "devotional item" found on Tony's person when he was arrested. Agent does not recognize it. Tony H's lawyer keep asking about it. Judge Castel: You didn't get a yes, why are you still talking about this? Inner City Press @innercitypress · 1h Tony H's lawyer is asking about more items seized, including the PINs to two bank accounts (Agent says he didn't check them) and now a receipt for a television bought in San Pedro Sula on June 18, 2019. Judge Castel looking impatient, at least to this reporter. Inner City Press @innercitypress · 1h Tony H's lawyer: Did you or anyone else look into the to and from calls on this phone bill? Judge Castel: You can ask him if he looked into it, or to his knowledge anyone else in DEA looked into it. Otherwise I'm sustaining an objection to the form of the question

Tony H's lawyer: But was Mr. Calix the one who testified? Agent: No. Q: Did your report say that on the defendant's phone were communications with a drug trafficking Mr. Calix? A: I don't remember. Q: Would seeing your report refresh your recollection? Inner City Press @innercitypress · 56m Tony H's lawyer continues: So did anyone in the DEA get Tony Hernandez on tape talking to these people? DEA Agent Gonzalez: I don't know. Inner City Press @innercitypress · 54m Tony H's lawyer: and these photos, are they mug shots after arrest? Or before they were arrested, when they were living whatever you'd call their normal life? Agent Gonzalez: I don't know. Inner City Press @innercitypress · 52m Q: Helicopters... Do you have any hard evidence that Tony Hernandez owned them? Agent: I don't know what you mean. Q: Do you have any bills of sale? [Meanwhile, the AUSA are rifling through their binders] Inner City Press @innercitypress · 51m Q: Do you have any manifests or passenger lists? ... Drug dealers don't always comply with laws. That aside, is there a manifest anywhere listing Tony H? Agent: I believe so. I don't recall the year. Q: Where would this piece of paper be? Inner City Press @innercitypress · 50m Agent: I would have to contact the agents on another investigation... I believe I saw it. Tony H's lawyer: Do you know what the flight was about? Agent G: I do not. Inner City Press @innercitypress · 46m Tony H's lawyer: Did you know that the Republic of Honduras issues licenses to have automatic weapons like M-16s and M-15s? DEA Agent Gonzalez: I did not. Q: Are automatic weapons legal here in the US? DEA Agent Gonzalez: I believe so. Inner City Press @innercitypress · 39m Tony H's lawyer: And his luggage, when it was searched were there any drugs in there? Any drug ledgers? DEA Agent: No. Tony H's lawyer: Now on the side, there was some underwear. But did you see any receipts for Under Armor garments? DEA Agent: I didn't see any  

Tony H's lawyer has moved on from his client's underwear to his pajamas, Defense Exhibits 201-3 and 201-4. AUSA look like they're trying to figure out where this is going.

 Judge Castel just called lunch break, at 1:01, in the middle of Tony H's lawyers questions to Agent Gonzalez.  The efficacy of this underwear to pajamas and "the dog that didn't bark" cross examination will be reviewed.

  On the morning of October 8 Ardon finished with his direct examination and then was subject to cross examination by Tony Hernandez' lawyer Omar Malone. Here's some of how it went:

AUSA: Where did you meet El Chapo? Ardon: In Copan, a place called Espiritu. AUSA: Was Tony Hernandez there? Ardon: Yes. And others including Mario Calix.

 Ardon: Tony Hernandez told Chapo Guzman that if Juan Orlando Hernandez won the election, he could be provided with security for cocaine shipments.

 Ardon: Chapo Guzman offered Tony H $1 million for his brother's campaign. AUSA: After that meeting, did you speak to the defendant again about the $1 million offer? Ardon: Yes. He said he had spoken with Juan Orlando Hernandez and that he did need the $1 million

 Ardon: Tony Hernandez told me that Juan Orlando Hernandez told us to be careful with photographs, and phones.... Tony Hernandez told me they needed the $1 million because the election was very near

 AUSA: Who arrived in El Paraiso first? Ardon: Tony Hernandez got there first, before El Chapo. I sent Melvin Pinto to La Entrada to pick up Tony Hernandez. AUSA: Who did Tony Hernandez bring with him? Ardon: Mario Calix and Primo.

 AUSA: Was Primo armed? Ardon: He had an M16 strapped by a belt. AUSA: What happened when Chapo arrived? Ardon: We sat around a table to talk. AUSA: Where was the table? Ardon: En el comedor, en la sala. [Ardon's dining room]

 AUSA: Was Primo in the room? Ardon: Primo was right outside the house. AUSA: And Melvin Pinto? Ardon: Outside by the pool.

Ardon: Chapo talked to Tony Hernandez about protection for the shipments, and for me. AUSA: Did Tony Hernandez say anything about protection of cocaine from Nicaragua to Guatemala, as it passed through Honduras?

 Ardon: Tony Hernandez told El Chapo Guzman that there would only be protection if Juan Orlando Hernandez won the election. AUSA: Yesterday you described a payment. Where was the money? Ardon: The money was in the car.

AUSA: What happened with that money? Ardon: Chapo said to bring it in. We counted it on the table. There was a million dollars. AUSA: What happened with it? Ardon: We put it in a bag and Chapo handed it to Tony Hernandez.

 AUSA: Did Tony Hernandez ask you for help? Ardon: Yes, for security up to La Entrada. AUSA: Who traveled to La Entrada with Chapo's million dollars? Ardon: Tony Hernandez, Mario Calix, Primo, Melvin Pinto, me, and an escort.

 AUSA: There was a separate escort vehicle? Who was in it? Ardon: Six security people. AUSA: Were you armed? Ardon: With an AR-15. AUSA: Did Primo still have the rifle strapped to his chest? Ardon: Yes.

AUSA: What did Tony Hernandez do at El Entrada? Ardon: There were two cars waiting for him. He took the money and he left. AUSA: Who won the election? Ardon: Juan Orlando Hernandez.

 AUSA: What did Tony Hernandez say to you about the chief of the national police, Ramon Sabillon? Ardon: That Juan Orlando Hernandez was going to remove him, there was talk about why me and Tony Hernandez were not being arrested since we were drug traffickers.

 AUSA: Did you talk to Tony Hernandez about the arrest of the Valles?  Ardon: Yes. AUSA: Did Tony H say why they were arrested? Ardon: He said the Valles were arrested because they had attempted to kill Juan Orlando Hernandez.

 Ardon: I asked Tony Hernandez if I would be arrested, in the same way that the Valles had been arrested. AUSA: What did he say? Ardon: That as long as the National Party was in power they were going to keep me protected.

Ardon: We met in Tegucigalpa, where my brother was working. Juan Orlando Hernandez was there. AUSA: Did you say anything about Chapo Guzman? Ardon: I told President Juan Orlando Hernandez that Chapo was pressuring me, because of the arrest of the Valle brothers.

 AUSA: What did you say about the $1 million? Ardon: I told Juan Orlando Hernandez that he had been paid the $1 million to protect the Valles... Juan Orlando Hernandez said that he had no obligation to anyone.

 Ardon: In 2015 Minister Ordonez told me that Juan Orlando Hernandez said that my brother Hugo should resign, that he didn't not like the press reports about Hugo and I being drug traffickers - and that we had to win Copan for J.O.H.

 AUSA: What did that mean, to win Copan? Ardon: That I should finance and bribe mayors to make sure Juan Orlando Hernandez won in the departamento de Copan.

AUSA: Who was at the meeting in Santa Rosa? Ardon: Hugo my brother, Tony, Juan Orlando Hernandez, and me. AUSA: What was said? Ardon: Juan Orlando Hernandez asked me to finance the National Party's campaign, through the mayors, in some departments

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.