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#Honduras trial in #SDNY has just resumed - Judge Castel joked with the jury about the New York Mets, who fired their manager yesterday, and now the questioning about police and Prez' brother Tony Hernandez continues innercitypress.com/sdny3hondurast… - live tweet thread
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: Did there come a time when Lozano told you he was going to be transferred?
Witness: Yes. To Tegucigalpa. I asked Tony Hernandez to help get him transferred there, it was a more important location in terms of cocaine trafficking
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: Did you speak directly to the defendant about the transfer?
Witness: Yes. In 2007, I paid him $5,000.
AUSA: Did you have any discussions with the defendant about the payment.
Witness: Yes, he confirmed to me he had received the payment.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: The defendant Tony Hernandez said he had made the transfer happen by using his contacts in the Tegucigalpa national police headquarters.
AUSA: Is that that only time the defendant helped you with police transfers?
Witness: No. Also Flores Santos.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol [Flores Santos' photo is entered into evidence as Government Exhibit 109 - as of last night, none of the exhibits available online to the Press yet - have requested.]
AUSA: Why did you want him stationed there?
Witness: It was the principle route to #Guatemala.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Turns out Tony Hernandez was not the only one to put his initials on kilos of cocaine - Ruben Mejia did too: RM, the witness tells jury.

Witness: Ruben Mejia was the owner of a car dealership and a butcher shop too.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: So we met with Tony Hernandez to talk about how we could get small planes from Colombia to be able to land at clandestine airstrips on Honduras to traffic cocaine. Tony H told us the DEA was training Honduran helicopter pilots on night vision
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: the drugs were manufactured in a lab near the border of Colombia and Venezuela owned by Tony H...
AUSA: What security was used to transport it?
Witness: My workers escorted it to Guatemala.
AUSA: Did they carry guns?
Witness: Pistols and assault rifles
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: How much did you pay per kilo of cocaine?
Witness: $10,000.
AUSA: Did you make any other payments to Tony Hernandez for this?
Witness: Yes. $5,000 for police checkpoints. And more for radar.
AUSA: What was the destination?
Witness: the United States
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: What did Cinco say about what percentage of that payment should be made in $100 bills?
Witness: He said $1.5 million should be in hundred dollars bills.
AUSA: Did you meet with Fernando Chang about this shipment?
Witness: In San Pedro Sula in my house there
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: In 2009, did you make any payments to any campaigns?
Witness: Yes - to the National Party campaign for Lobo as president and Juan Orlando Hernandez' re-election as Congressment. I have $100,000, from drug profits to which I am devoted
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: Did you discuss that payment with the defendant?

Witness: Yes. He said if Pepe Lobo was elected and Juan Orlando Hernandez was re-elected to Congress we'd have more connection and access to information from the police and army
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Judge Castel orders silence in the back of the courtroom, and declares a break. This thread will continue
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Okay, we're back. AUSA Amanda L. Houle is asking witness about his birthday party in 2010: "Did any other drug traffickers attend this party? How many?"
Witness: About 10.
AUSA: Who's shown in that photo?
Witness: Bonilla.
AUSA: Government offers Exhibit 104.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA Houle: What did Tony Hernandez say about Bonilla?

Witness: That Police Officer Bonilla was a man of great trust to Tony and Juan Orlando Hernandez, a man who was very violent and could commit murders.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA: Did the topic of extradition come up?

Witness: Yes. Tony Hernandez said that even if the US Embassy asked for it, it could be slowed down or stopped in the Honduran Supreme Court
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: By then, Juan Orlando Hernandez was running for president of the Congress. Tony H told me he was working on bribes with Javier and Lionel Rivera, and with the mayor of El Paradiso...
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: Tony Hernandez told me what very few people knew at that time that Juan Orlando Hernandez would be the candidate for the president, and that if he won there would be no problem with narco-trafficking through #Honduras
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol The witness had admitted shooting his wife. Will he be getting a 5K1 cooperator's letter? Inquiring minds want to know.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA Houle: What was the $35,000 payment for?
Witness: For radar for the drug plane. In the ledgers by then, instead of writing Antonio Hernandez, we'd write Mario Jose
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA Houle: How large was that cocaine shipment?
Witness: 500 kilos.
Houle: Did you meet anyone named Daniel?
Witness: Yes. Daniel Romero a/k/a Daniel Miranda. I met him in 2007 or 2008. He was trafficking cocaine throughout Honduras
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Now as to the witness himself, Houle asks: were you arrested?
Witness: Yes, in 2017, in Guatemala City.
AUSA: When you began cooperating with the US government, were you honest about your trafficking?
Witness: No.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness: I was afraid. Tony Hernandez and his brother control everything in Honduras.
Now AUSA Houle asking the (wife shooting) witness about his cooperation deal. It will be up to the judge to sentence him. #5K1
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Now Omar Malone cross examination. First question to witness: Do you have kid? Biological kids?
Witness (after a pause) Yes.
Malone: Kids are something extremely important to you?
Witness (after another pause) Can you repeat the question?
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Tony H's lawyer Malone asks the witness how much money he made selling 140,000 kilos of coke.
Witness seems to say $500 profit per kilo.
Malone asks about additional profits from deliveries. Has witness added up his profits?
Witness: Can you repeat the question?
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Witness says between 5 and 10 million dollars, that he doesn't have a calculator at hand.
Malone: Do you miss the wife that you shot in the face?
[This is a Tony Hernandez trial variant on the old "When did you stop beating your wife"- #lawyering
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Judge Castel has hit pause on Malone's cross examination, calling the lunch break and leaving the bench. InnerCityPress.com and patreon.com/MatthewRussell… midday stories soon; thread will continue, with witness' shooting proclivities. #5Kwon
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Tony Hernandez' lawyer Omar Malone is asking the cooperating witness how and when he got his deal.
AUSA Houle objects, referring to privileged information.
Here's Inner City Press' story on the morning: innercitypress.com/sdny4hondurast… thread continues
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Do you recall signing a document that you would not falsely incriminate anyone?
Witness (pause) Please repeat the question.
Malone: You knew you were supposed to tell the truth during that meeting.
Witness: The document was in English.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Do you remember an interpreter translating it for you into Spanish?
Witness: I don't remember.
Malone: Did Tony Hernandez come up in that meeting?
Witness: I don't remember the topics that came up.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: I started out by asking you about being truthful-
Judge Castel: Just ask the question.
Malone: Would an honest man lie?
Witness: I already told you, I was afraid.
Malone: You never had any problem exacting punishment on people in your history, right?
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Are you telling this jury that despite your history you were afraid of this gentleman (gestures at Tony Hernandez) and that is why you lied to prosecutors?
Witness: I cannot suggest anything to the jury.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: When you were arrested you had a cell phone, right?
Witness: Yes.
Malone: They downloaded the information from your phone, right?
Witness: Yes.
Malone: Did you use WhatsApp?
Witness: No.
Malone: So only phone and text and in person?
Witness: Yes.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Can you provide the jury with where they might see a text message between you and Tony Hernandez?
AUSA Houle: Objection.
Malone: Did you ever text with Tony Hernandez?
Witness: No.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: And we're not going to find Tony Hernandez' name in the ledgers, right?
Witness: Right.
Malone: Is that your handwriting, on all of the ledgers?
Witness: I don't understand the question.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: And in talking with the prosecutors you realized you had a change for something less than life in prison, right?
Witness: Repeat for me the question?
Judge Castel: Let me see counsel at the sidebar.
[White noise turned on.]
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Your plea agreement says there would be a 40 year minimum, right?
Witness: Yes.

Inner City Press note: #6ix9ine's specified 47 years - and this witness, with 140,000 kilos of cocaine and shooting his wife in the face, has 40 years patreon.com/posts/30481697
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: And the only way you can get that 40 year sentence reduced is if the prosecutors file something with the court that Mr. Diaz Morales has been cooperative, right?
Witness: It will also have full detail of all my crimes.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: You know you have to please the prosecutors with your cooperation in order to get that reduction request?
Witness: That is not correct.

Malone: Is it fair to say you don't want to spend 40 years in prison in the US?
Witness: That's right.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Other than the ledgers and a cell phone, did you turn over any other evidence to the prosecution?
Witness: Repeat me the question.
Malone (specifies cell phone was turned over to DEA by Diaz Morales' lawyer in Guatelama)
Witness: I do not remember that.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Did you turn over millions of dollars?
Witness: No.
Malone: Where is the money?
Witness: Please repeat the question.
Malone: Can I have the court reporter repeat that?
Witness: Part in property, and part is owned to me.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: As a drug dealer, you did not have a bank account, right?
Witness: That's right, I don't have one.
Malone: What kind of property?
Witness: A few houses and a few ranches [fincas].
Malone: How many fincas?
Witness: More than two.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Do you have a farm in Honduras?
Witness: Yes.
Malone: And houses in Honduras?
Witness: It is my daughter's house.
Malone: Does she live there?
Witness: No. The house is under investigation. The ranch too.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: What did you do with your drug money?
Diaz Morales: I don't understand the question.
Malone: What did you do with the money?
AUSA Houle: Objection - asked and answered.
Malone: But he didn't answer.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone: Those five house and two fincas, they didn't cost the $72 million you made trafficking drugs.

Diaz Morales: In that period of time there were also expenses.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Malone gets Diaz Morales to admit he had someone killed - than asks him, skepticism dripping: "But you're afraid of Tony Hernandez?"
"Yes."
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Now re-direct of Diaz Morales by AUSA Houle, to rehabilitate him it seems: "Did some of your expenses include bribes you paid to police and political campaigns?"
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA Houle: "After you had Carlos Toledo murdered, the defendant continued to work with you on drug trafficking?"
Diaz Morales: Yes.
AUSA Houle: Were you charged with it before you arrived in the US?
Diaz Morales: No.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol AUSA Houle: So Exhibit 701 is your cooperation agreement, listing all the murders you admitted to. Will your sentencing judge be aware of all those murders?
Diaz Morales: Yes.
Houle: Has anyone made you any promises what sentence you will get?
Diaz Morales: No.
@MatthewLeeICP @sdnylive @InSightCrime @ElMundoSV @Mundo_PN @UnivisionNews @hondurassol Judge Castel tells the jurors, "Our work week is finished. Put the case out of your mind. Some of you will be watching the Yankees playoff game." Note: Inner City Press will post 2d story of the day on the trial before the game and patreon.com/posts/30470755
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