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Venezuelan Narco Orense Moves to Suppress iPhone Seized in Italy Citing Delay Nov 27 Trial

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURT Scoop, Nov 25 – Venezuelan indicted narco-trafficker Carlos Orense Azocar was presented in Magistrates Court in the U.S. District Court for the Southern District of New York on June 23, 2023 and Inner City Press was (the only media) there. 

 Orense had just been extradited in from Italy and the indictment against him unsealed. He was bought into the courtroom by two U.S. Marshals, in a green T-shirt and a shaved head with deep lines in it, at least in the back.  

SDNY Magistrate Judge Valerie Figueredo reviewed the financial affidavit that Azocar signed and submitted and appointed him publicly-paid Criminal Justice Act counsel. 

 (Given his resources, Inner City Press has already filed to have unsealed his financial affidavit, as it won in the recent narco case of Honduras' Tigre Bonilla).  

 Orense pled not guilty and consented to detention. The case was wheeled out and assigned to District Judge Vernon S. Broderick.

  On November 14, Inner City Press covered the final pre-trial conference before Judge Broderick. Orense was not there. Thread.

On November 24, Black Friday, Orense's counsel filed a motion to suppress the contents of Orense's iPhone seized during his arrest in Italy, based on DOJ's delay is seeking a warrant to search it.

Back in June Inner City Press immediately wrote to Magistrate Judge Figueredo to unseal, and was told told to file by ECF. But that is not possible unless one is listed as a filer in the case. Inner City Press requested that to Magistrate Judge Figueredo's chambers then those of Judge Broderick. On July 5, the request to unseal was docketed, here

On July 7, 2022 Judge Broderick granted Inner City Press' request to unseal, put into a minute order: " the Court grants the request addressed in the order at docket no. 10, to unseal the financial affidavit and information of Defendant, Carlos Orense Azoca ."

But as of November 25, the financial affidavit (Docket 7) was still sealed, its link not live on PACER.

 But the transcript of July 7 is available, including:

THE COURT: The next thing I'm going to address is I received from Inner City Press a request for the financial affidavit...

MR. FOY: ...The person who made the application was presented when I explained why there wasn't much information included.

AUSA WIRSHBA: The government takes no position on the application.

THE COURT: I'm going to direct that the financial affidavit be unsealed. To the extent that the Inner City Press, that Mr. Lee - since it sound like he's already aware of the comments about it, I'm going to unseal it, and I'll see the parties on August 22.

 

Inner City Press will continue covering the case - and the request(s).

The case is US v. Azocar, 21-cr-379 (Broderick)

***

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Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

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