| For
Honduras JOH
April 24 Trial
Complaints of
Lack of
Charger and
"Terrorists"
in Jail Van
By Matthew
Russell Lee, Patreon Maxwell
book
BBC -
Honduras
- CIA
Trial book - NY
Mag
SDNY COURTHOUSE,
Nov 15 – 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 immediately published
the unsealed JOH indictment,
which was returned on January
27, 2022 but left under seal.
On October 25,
JOH's October 27 proceeding
was pushed back, to November
15, 2022 - and when it
happened, Inner City Press was
there, and live tweeted,
thread here:
Juan Orlando
Hernandez is brought in tan
prison uniform, with Angel
Martinez. Now Judge Castel.
All rise!
Assistant US
Attorney: We have made five
productions of discovery,
recording of meeting with
co-conspirators, extractions
from electronics...
Judge
Castel: Trial is set for April
2023. Let me hear from the
defense - I'll set a date for
the government's disclosure of
the government's request to
charge, and a date for the
final pre-trial conference.
Any motions?
JOH's lawyer
Raymond Colon: The discovery
is voluminous.
m JOH's lawyer: I
speak fluent Spanish, but some
of the audio is not clear.
Judge Castel: What type of
motion would that be?
JOH's lawyer.
Some type of audibility
hearing. Also there is a lot
of noise in the jail. We need
newer headphones, theirs date
back to 9/11
Judge
Castel: Get in touch with the
warden of the MDC and dialogue
about what brand and model of
headphones and why you need
them. But with regard to the
recordings, is the US
providing you with draft
translations? JOH's lawyer:
Some, that go back 8 or 9
years.
JOH's
lawyer: My client's English is
not the bad, the summaries are
in English. But there are
omissions in the summaries.
Exculpatory statements, S-O-N
O-F A B-I-T-C-H, I'm being
diplomatic for the record -
these words are not in there,
there is a pattern
Judge: If the
government sees conversation
they intend to use as trial,
they should make the interim
or draft translations
available to you on the
rolling basis, would that
help?
JOH's lawyer: The
other issue is the ability to
have access to my client...
The discovery is voluminous,
we have a protective order.
I've kept all the materials. I
don't leave any of the
materials with him. But he
needs to be able to look at it
when I'm not there
JOH's lawyer:
Some of the corrections
officers say they have to
relieve themselves, it's
understandable, but it cuts
out visit short. Or if there's
a situation that requires
reinforcement. It's
frustrating. We've asked for
separation orders,
co-conspirators...
JOH's
lawyer: My client was not
transported by himself. He
felt uncomfortable in that big
a crowd. He is the ex
President of Honduras. Some in
the transport may have been
part of a terrorist group...
JOH's
lawyer: I can bring in my
charger, then it's taken away.
There's been a see-saw back in
force. The lack of the
charger, it implicates the
Sixth Amendment.
Judge Castel:
Charge up your machine in
advance, right?
JOH's lawyer: My
charge only lasts a few hours
Judge Castel: I
can't order them to let you
bring your charger in. I have
not idea of the issues. Are
people strangled with the
cords? JOH's lawyer:
There are other cables in the
room they could use to
strangle people. Anyway, I
think that's it.
Judge
Castel: Any suppression
motions? Motions addressed to
the face of the indictment?
JOH's lawyer: No motions, no
sir. Judge Castel: The
government should submit its
request to charge and any
motions then the defense has
to March 31 to respond, with
any motions
Judge
Castel: I've tried 2 cases,
the [Geovanny] Ramirez case,
& the Tony Hernandez. Look
at the jury instructions I
gave, that's my advice.
AUSA: We'll produce 3500
material next month, to end
several months before trial.
Judge Castel: That sounds
unusual & good
AUSA: There
might be several witnesses who
present safety concerns, so we
might wait until closer to
trial.
Judge Castel: By
March 24, 2023 - except for
witnesses they apply for and I
review - and some earlier on a
rolling basis.
AUSA: We move to
exclude Speed Trial Act time
until the date of the trial,
April 24. JOH's lawyer
Colon: I understand. Judge:
Any objection? Colon: No.
Judge: I exclude
time. We are adjourned.
***
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