| Honduras
JOH Brother Tony Gets Life Plus 30 Years
As SDNY Judge Says Help Country
By Matthew
Russell Lee, Patreon Song Filing
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
March 29 – Honduras President
Juan Orlando Hernandez took a
briefcase of cash and said he
would stuff drugs up the noses
of the gringos, a jury was
told on March 16, 2020.
Inner City Press live tweeted
it, morning here
and then the afternoon, about
the video(s), here
and below. Geovanny
Fuentes was found guilty, and
his lawyer told Inner City
Press he thinks JOH will be or
has already been indicted.
On March
16, JOH's brother Tony
Hernandez was belatedly up for
sentencing before U.S.
District Court for the
Southern District of New York
Judge P. Kevin Castel, who
oversaw his trial leading to
guilty verdicts in October
2019. Judge Castel sentenced
him to life plus thirty years
and said in prison he should
reflect on how to help his
family "and [his] country" -
perhaps a reference to telling
the US government and then
juries what else he knows.
Inner City Press live tweeted
it, here:
Judge Castel: I
have reviewed letters from the
defendant's family, friends,
and others.
Defense lawyer:
Mr. Hernandez wants the Court
to know that he is not
prepared to go forward today.
Judge Castel: The jury
convicted him in October 2019.
It has been delayed.
Judge Castel: The
time has come for the
defendant to be sentenced. He
has had in hand the
pre-sentence report since
February 12, 2020 - over a
year ago, and before the shut
down of the pandemic. I am not
inclined to adjourn the
sentencing further.
Defense
lawyer: Certain members of the
prosecution here had concerned
raised about the conduct in
another case [That is the US
v. Nejad case - which Inner
City Press has also covered]
Defense: There
may be more Brady material
that might prove him innocent
Defense: We cannot go into the
government's files to look for
things. But they may exist.
Mr. Hernandez says he is not
satisfied with our
representation.
Judge
Castel: I read the Brady [5f]
order, I am aware of the case
before Judge Nathan [US v.
Nejad]
Judge Castel: The
jury returned its
verdict. The time has
come to pass sentence. After
that is done, Mr. Hernandez is
free to appeal to the 2d
Circuit. Tony H: Me permite la
palabra por favor-- Judge
Castel: When I call on you.
Understood?
Judge Castel: The
defendant says he objects to
portions of the pre-sentencing
report. Are these because he
still claims he is innocent?
Defense: Primarily yes. But on
Paragraph 71, there is an
aggravated role enhancement.
Judge Castel: We'll get to
that.
After a
break, Judge Castel asks, Any
objection to Paragraph 27?
Defense: Just a general
objection. Judge Castel: Does
the government want to speak
on abuse of trust? AUSA: Rely
on our papers. Judge Castel:
The defendant abused a
position of public trust.
Judge Castel: The
defendant was elected as a
deputy congressperson, then an
a congressperson in his own
right in 2014. Having that
position gave him greater
conference, and those who
dealt with him in the drug
trafficking business, that he
would not be extradited
Judge Castel: He
met with DEA agents in 2016,
confident in his own mind that
the DEA wouldn't dare touch an
elected Congressman. He met
with Rivera to talk about
rerouting government payments
to other Cachiro front
companies - he use the
government
Judge
Castel: The defendant is at
offense level 43... I was here
for the trial, I heard the
evidence and saw the exhibits.
Now I'll hear from the
defense, then Mr. Hernandez
himself.
Defense
lawyer Brill: The US
government has determined that
enforcement of US drugs laws
against citizens of other
countries is in our interest.
The position is tenuous. We
are suggesting a public policy
objection to this type of
prosecution, of policing the
world
Defense lawyer:
It's the citizens of our
country who have a voracious
hunger for drugs. My client is
from a large family, who
probably won't see him again.
He will never have the life
that he once had.
Defense lawyer:
He will no doubt appeal his
conviction. There is little
difference between a sentence
of 40 years and of life. He is
unlikely to live to 82 or so.
With good time it would be 75.
He would be an old sick and
broken man. I ask for 40
years.
Judge Castel:
Juan Antonio H., this is your
time to speak. Tony H: Did you
get the two letter I sent a
week and a half ago? Judge
Castel: I have a letter we
received March 21. Tony H: I
am not satisfied with Mr.
Brill. He only visited me two
times.
Tony H: And
only six calls, including the
one yesterday. I started
sending letters, for the
problem of the Juez Nathan,
you put an order on material
Brady. [Note: The Due Process
Protection Procedures Act does
beyond Judge Nathan's US v.
Nejad case]
Tony H:
Today is the first time that I
am discussing with my lawyers
the Brady material issues. My
letter was to ask, what
probably did the avogado Brill
have with attending to my
case?
Tony H: He told
me, in 15 days, you will have
an answer. But in the news I
heard, that is the day of my
sentencing. The government has
been pushing to have my
sentencing fast. [Note: It has
been delayed many times.]
Note: the docket,
unlike an hour ago as the
proceeding began, now has
notations of five "SEALED
DOCUMENT placed in vault" -
presumably including Tony H's
letters
Tony H: I
am a lawyer too, and I know
about Rule 5f of the US rule.
My avogado Brill, he was
interested in three of the
five points I made to him. I
thought I would get my
information in 15 days. My
surprise, I learned from a
media I would be sentenced the
30th
Tony H: The
second letter, I already felt
betrayed by this country, the
violation of my 6th Amendment
rights. I wrote to request
another change of lawyer. Me
siento enganado.
Tony H: I thought
he was reviewing the notes of
the trial, the names that were
mentioned, it is very
interesting. It is difficult
to be counting on a lawyer, I
don't know what other
commitments he has, effecting
my next 40 years.
Tony H: He
said, I am a person not well
liked in the social networks.
He left the letters of my
relatives in the public, when
they could have been sealed.
His intention, I don't know.
In my country... you should
respect privacy more.
Judge Castel:
When did you make your Brady
request? Tony H: The 11th day
of November. Judge Castel: To
your attorney? Tony H:
Correcto. Judge Castel:
Are you finished tell me what
you want me to consider in
connection with your
sentencing? Tony H: Yes.
Judge Castel: I
wrote this down, that I issued
order because of what happened
in Judge Nathan's chambers.
That's not true. Those are not
the facts. That's not what
happened. Rule 5f was amended
by a statute.
Judge Castel: In
your case, I have seen
nothing, nothing at all, that
would reflect a violation of
Brady or Giglio rights. There
was Mr Renteria, and the
others, they have come up with
no evidence of a Brady
violation.
Judge
Castel: Generally we try to do
sentencing within six weeks of
the verdict. In your case, I
was asked to postpone so it
could take place in a
courtroom. I understand that.
This is now a year & five
months after the verdict. This
is rare. I have never seen it
Judge
Castel: Then I postponed the
sentencing so it wouldn't
happen during the trial [of
Geovanny Fuentes]. I got the
letters, I read them all. They
are on the public docket. This
is how the procedure goes.
Assistant US
Attorney: The defendant's
statements are stunning. He
spent his time complaining
about his lawyers, not on
contrition. He is a central
figure in one of the most
violent drug conspiracies in
the world, in a narco-state.
AUSA: He
conspired with his brother,
president of Honduras. He
caused brutal acts of
violence. He funneled drug
money into National Party
campaigns in exchange to
promises of protection to drug
traffickers. 185,000 kilos -
this is state sponsored drug
trafficking
AUSA: A life
sentence is appropriate in
this case. The crime involved
military grade weapons. What
sets it apart is the depth of
corruption. He paid
politicians like his brother,
money from people like Chapo
Guzman, the head of the
Sinaloa cartel.
AUSA: As a
result, Honduras is one of the
most violent places on earth.
San Pedro Sula was the
deadliest place on earth; the
defendant contributed. Nothing
mitigates this. He lied, he
obstructed justice. In 2016,
he brazenly flew to the US on
a private jet...
AUSA: In
2016 he denied he knew Leonel
Rivera - despite being on
video with him. He can't say
he was poor, he came from a
well off family. The letters
praise his father. He didn't
need do this - he was greedy.
AUSA: A
life sentence would send a
message that the US justice
system will not accept this
conduct. It will resonate with
those still in power in
Honduras. Post trial violence
happened almost immediately.
The drug ledger led to a
murder in 8 days.
AUSA: That
murder, before it there were
visits be Chase Lalani an
investigator, and a relative
of the defendant who wrote a
letter for him. Extradition
requests have been sent, but
they have not been honored. He
is a uniquely bad character.
AUSA: Cocaine trafficking has
consequence that cannot be
tolerated. We ask for life.
Judge Castel:
I've considered all the
materials. A 12 person jury
found him to be part of a
conspiracy to import drugs
into the US, and of machine
guns in connection therewith.
Judge Castel: The
jury heard from Ardon, and
Leonel Rivera, and Geovanny
Rodriguez and el Rojo, a
confederate in drug
trafficking. There was
physical evidence. Often I
have cases where grams of
drugs lead to long sentences.
Or Colombian young men on
Go-Fast boats
Judge Castel: And
then there is Tony Hernandez.
He is 41, reasonably fit. He
makes an excellent appearance,
from the photos are trial.
He's well educated, in a
military boarding school. He
is a lawyer. His family has a
hotel and a pharmacy.
Judge
Castel: But Tony Hernandez
went in another direction.
Here, the trafficking was
indeed state sponsored. He had
his own brand, imprinted with
the initials T.H. for Tony
Hernandez. He is responsible
for murders, with Tigre
Bonilla. He killed Chino...
Judge Castel: It
was Tony Hernandez who decided
to have him killed, and he
expressed happiness at it. He
rented helicopters, with
weapons, with the markings of
the Honduran military. He
bribed his brother, Juan
Orlando Hernandez, and twice
met El Chapo
Judge Castel: El
Chapo gave money to the
campaign of Juan Orlando
Hernandez. Tony tipped off
other traffickers to
government raids, selling
radar info for $50,000. He is
responsible for 185,000
kilograms of cocaine. 8000
doses per kilo: 1.5 billion
doses
Judge
Castel: All of this is
reliably valued at $138.5
million. This man is at the
highest amount you can have
for cocaine: more than 450
kilos. He is responsible for
185,000 kilos. He faces 40
year minimum.
Judge
Castel: Often I find
mitigating circumstances. But
based on Tony Hernandez' free
choice to engage in drug
trafficking, a sentence of
life imprisonment is richly
imprisoned. So, it is life
with 30 more years
consecutive.
Judge Castel: Any
objections? Defense: No legal
objections.
AUSA: No
objections.
Judge Castel:
Juan Antonio Hernandez
Alvarado, you are remanded to
be imprisoned for life on
Count 1... & 30 years on
Count 2, consecutive.
Forfeiture of $138.5 million.
No fine.
Judge Castel: You
have the right to appeal,
including as a poor person. I
hope that while you are in
person you will reflect on
your life and what you've done
and turn your life around.
Perhaps you can do some good
for your family and your
country.
Defense
lawyer Brill: I will file a
notice of appeal, and then be
relieved. Judge Castel: We are
adjourned.
A question still:
Does the right to access to
Federal court proceedings
extend to listen-only
telephone lines, in the time
of COVID and beyond? Should
it?
The
question has been further
raised in the ongoing Honduras
narco-trafficking case US v.
Geovanny Fuentes, which Inner
City Press has been covering
in-person in the U.S. District
Court for the Southern
District of New York, where it
is "in-house press."
On
the morning of March 13, Inner
City Press filed a challenge
to the cut-off of audio access
to the US v. Fuentes trial,
citing the First Amendment,
COVID and real-world politics,
see here
and below.
Late on
the evening of March 14, the
US Attorney's Office filed a
three page letter into the
docket, specifically arguing
the the call-in line be
eliminated for two entire
Witnesses and everything they
say. US Attorney's Office's
letter, now uploaded on Inner
City Press' DocumentCloud, here.
Inner City
Press has immediately
responded in opposition, here,
stating among other things
that "the US Attorney's Office
seeks to specifically ban
public access to two of their
Witnesses, while saying that a
transcript would be available
at some unspecified date
afterwards. Given that the
Office has yet to unseal
improperly redacted portions
of their filings, there is
little reason to have
confidence in the speed of
transcription, or that such
transcripts would not be too
expensive for the public or
media.
Inner City Press
after its first filing waited
nine hours, including this song,
here, to report about
it. Full first letter on Inner
City Press' DocumentCloud, here.
Inner City
Press itself obeys all
existing rules and is grateful
for the additional access as
in-house media (particularly
since it is banned
from covering the UN, which
now Constitutional rights such
as the First Amendment exist).
But others
have rights too - including
journalists and regular
citizens of Honduras. If the
SDNY prosecutors are going to
exercises essentially
universal jurisdiction for any
wire transfer that passes
through lower Manhattan, how
ever briefly, they should not
oppose access to their trials
by those impacted, for better
and worse.
Judge Castel is a
good judge, in Inner City
Press' experience. When
petitioned he has ordered the
unsealing of certain court
documents, in a North Korea crypto-currency
conference case and the tech /
child sex sentencing
of Peter Bright former of
ArsTechnica, both of which
Inner City Press covered and requested.
And Judge Castel is certainly
in the mainstream in his March
12 psoition. But should it be
rethought? Is there a right?
Should there be? Watch this
site.
The case is US v. Diaz, 15-cr-379
(Castel).
***
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