After
Honduras JOH Brother Tony Gets Life + 30
Yrs, Geovanny Fuentes Delayed to Jan 11
By Matthew
Russell Lee, Patreon Song Filing
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Oct 12 – 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 September 8,
2021, Geovanny Fuentes fired
that lawyer, and gotten a new
(also publicly funded) one.
Judge Castel ruled: "ORDER as
to Geovanny Fuentes Ramirez.
The trial of this action has
resulted in a verdict.
Defendant's post-verdict
motions have been decided. The
only proceeding remaining in
this Court is sentencing."
But now on
October 12, Geovanny Fuentes'
sentencing that had been set
for October 19 has been pushed
back again, to January 11.
Inner City Press will remain
on the case.
On July 19 on the
Salgueros, this: "Minute Entry
for proceedings held before
Judge P. Kevin Castel:
(Telephone) Status Conference
as to Otto Rene Salguero
Morales, Ronald Enrique
Salguero Portillo held on
7/19/2021. Defendant Otto
Salguero-Morales present with
attorney, Robert Feitel.
Defendant Ronald
Salguero-Portillo present with
attorney, Linda George.
Defendants waive physical
appearance. Government and
defense counsel are required
to submit letters by August
15, 2021 regarding blackout
dates for the first quarter of
2020. Defendants' motion for a
bill of particulars shall be
filed by August 2, 2021. The
next conference is scheduled
for October 12, 2021 at 12:00
p.m. in Courtroom 11D. Time is
excluded until 10/12/2021.
Defendants continue to be
detained." Inner City Press
will stay on the cases.
On May 10,
in the parallel case of US v.
Lobo, Honduras police
officer Ludwig Criss Zelaya
Romero was being sentenced by
Judge Schofield. Inner City
Press live tweeted it here:
Inner City Press
video stand up afterward here.
This case is US
v. Lobo, et
al., 15-cr-174
(Schofield)
On April
26, the lawyer for
co-defendant Otto Salguero
Morales wrote to Judge Castel
complaining he hasn't been
given the recorded calls and
emails "obtained in the
Giovanni [sic] Fuentes case."
So he says no trial date can
be set. This while the UK sanctions
Oscar Ramon Najera. What is
the US State Department doing?
We have asked them, and the US
Mission to the UN, without
answer.
Now on April 29,
Otto Salguero-Morales' lawyer
has followed up with a motion
for "random reassignment" of
his case, away from Judge
Castel. He asks why his case
was linked to that of Tony
Hernandez, while Leonel Devis
Rivera-Maradiaga and Alexander
Ardon-Soriano have different
judges. He questions the
process of superseding
indictments. Now there's also
a Motion For Reassignment of
Indictment . Document, filed
by Ronald Enrique Salguero
Portillo. Watch this site.
On April
23, Fuentes' lawyers filed a
motion to set aside the
verdict or for a new trial,
arguing among other things
that Judge Castel erred in
permitting Leonel Rivera to
testify to statement made by
Metro and to Fuentes' alleged
statements in the MCC. Inner
City Press tweeted photo here.
The US Attorney's Office
immediately asked for an
extension until May 21 to
response - and got it. Watch
this site.
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 and
below. The
ensuing
celebrations,
across Worth
Street from
the SDNY
courthouse and
in Honduras,
Inner City
Press dubbed
the
"Castel-ebracion."
Now on
April 12, two
more
defendants in the
case had a
status conference
before
Judge
Castel. Inner
City Press
live tweeted
it, here:
Judge
Castel has a
proceeding on
Otto Rene
Salguero
Morales and
Ronald Enrique
Salguero
Portillo.
Lawyer for
Ronald Enrique
Salguero
Portillo says
she wants more
discovery
information,
all she's been
given is
testimony of a
cooperator,
Ardon. Says
she needs time
to meet with
the defendant
at the MCC
jail.
Judge
Castel: Let's
hear from the
US. Why
haven't you
answered the
defense's
emails about
discovery?
Asst US
Attorney: We
spoke in
December.
Lawyer:
I wrote to
them in
January,
nothing heard
back. What is
my client
charged with?
It can't just
be what Mr.
Ardon says.
Lawyer:
This client is
a Guatemalan
national. My
other client
[in Lobo case
before Judge
Schofield] was
a member of
the Honduras
National
Police.
Judge
Castel: Does
the government
think there is
a potential
conflict?
AUSA: No view
at this time.
Judge
Castel
(sounding
frustrated) -
We'll get to
the bottom of
this - did the
government
send you the
discovery from
the Juan
Antonio
Hernandez
Alvarado case
or not?
Lawyer:
Partially. We
didn't get
discovery
about the
videos, nor
copies of
documents
Judge
Castel: I'm
wondering if
I've been lied
to, by one
side or the
other.
Now lawyer for
Otto Rene
Salguero
Morales asks
for discovery
from the
Geovanny
Fuentes
Ramirez trial.
Judge
Castel: So
when will this
case be ready
for trial?
Lawyer for
Otto Rene
Salguero
Morales: I
can't be sure
yet. I'll be
in New York
next week.
Judge
Castel: OK,
we'll get
together again
in six weeks.
May 26 at
10:30 am.
Interim
update: this
morning's
proceeding was
technical and
proceeding,
but the case
involves not
only
Presidential
brother Tony
Hernandez, but
also... El
Chapo. A photo
of a filing
from the case
is
here.
On
April 7,
Tony Hernandez
filed notice
of appeal to
the Second
Circuit - still
with a lawyer
paid by the US
taxpayers,
and even
the $505 appeal
fee waived:
"Appeal Remark
as to Juan
Antonio
Hernandez
Alvarado re:
[311] Notice
of Appeal -
Final
Judgment.
$505.00 Appeal
Fee Waived.
Attorney CJA."
Also
on April 7,
another
proceeding, this
time in Judge
Castel's own,
smaller courtroom.
Inner City
Press live
tweeted it here:
Mauricio
Hernandez
Pineda is in
yellow prison
jump suit.
Inner City
Press is alone
in the
gallery.
It has begun.
Mauricio
Hernandez
Pineda's
lawyer Mr
Leader has
represented
Zavala
Velasquez in
US v Lobo.
Will he waive
the conflict?
But
first: he is
49, gets
treatment for
cholesterol.
Brother passed
away last
week.
US
says both were
members of
same
conspiracy.
But Mauricio
Hernandez
Pineda waives
any conflict
of interest.
Proceeding
is over. Next
date is June
8, 2:30 pm,
time excluded
with US citing
possible
"pre-trial
disposition"
talks, which
is standard
On
April 5, Inner
City Press began
asking what
has happened
with the 2018
indictment of
Midence Oqueli
Martinez Turcios?
Since
July 2018,
there is
nothing in the
docket,
although
Honduran media
reported
he had turned
himself
in to the DEA.
Where is he? Who
might he
testify
against? Indictment
and more on
Patreon here.
On April 2,
with the indictment of El
Tigre Bonilla still listed as
"under seal," Inner City Press
published the indictment on
its DocumentCloud, here.
Why is this still listed as
sealed? Watch this site.
From March 30:
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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