Thread by @innercitypress

OK - Honduras trial resumes - but before jury is brought in, Judge Castel has the lawyers to a sidebar with white noise turned up. Inner City Press' story innercitypress.com/sdny8hondurast… Full video patreon.com/posts/30615450 Today's @SDNYLIVE thread below

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN In Honduras trial, Judge Castel returns from long sidebar with white noise and says, "OK, what's the second issue?"
AUSA says Tony Hernandez' lawyer now wants to put in the entirety of his post arrest statement, not only US' portions patreon.com/posts/30615450

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Waiting in the bullpen, so to speak, is the witness US is still not finished with, Agent Gonzalez. And jury still not brought. They've been having the SDNY Court's / caterer's coffee and pastries for an hour now. AUSA wants to address Tony H statement in writing

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony Hernandez's lawyer is arguing why 75 additional pages of "unofficial translations" of Tony's post arrest statement should be admitted, say he and Omar Malone are not just being "strategic." But of course, that is a defense lawyer's job, to try to create doubt

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Judge Castel says he'll hear from Tony Hernandez' lawyers about the admission of the 75 pages of unofficial transcripts of post arrest statement "today after court." But will it be off the record, behind white noise? Now jury has come in. Judge Castels greets them

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Agent Gonzalez, who did the post-arrest interview with Tony H is back on stand. US is playing more of the videos. Here's what we tweeted out on the evening of October 8, now put together in longer form on Inner City Press' YouTube channel:

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: Did there come a time in the interview when you spoke with the Defendant about his use of guns?
Agent: Yes.
AUSA now putting into evidence a series of gun permits in the name of Juan Antonio Hernandez, some of them expired.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: Did the defendant explain to you why he had traveled to the US?
Agent: Yes.

US playing video of Tony H talking about his companero, could meet him in Cancun - or in Houston. [We've put that video up.]

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: No further questions.
Judge Castel: Alright, cross examination.
Tony H's lawyer and AUSA confer at the podium, whispering, then ask Judge Castel for a sidebar. And now the white noise again.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN And we're back after a long break during which Inner City Press saw a plastic bag being carried up from AUSAs' office on 5th floor.
Now Tony H's lawyer: Agent Gonzalez, I have placed before you a bag. Who signed it?
Agent: Special Agent Fairbanks & Agent Bush

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Q: Is that bag the stuff you took from Tony Hernandez when you arrested him?
FBI Agent Gonzalez: It would appear so.
Q: So here is his hat (waved it around). And the plastic gun licensed that were in his wallet, right?

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Agent reads one of the cards, in Spanish: Membership in Honduras College of Lawyers, authorizing its holder to practice law anywhere in the Republic.
AUSA: We don't object to him translating it into English.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer asks FBI agent about "devotional item" found on Tony's person when he was arrested.
Agent does not recognize it.
Tony H's lawyer keep asking about it.
Judge Castel: You didn't get a yes, why are you still talking about this?

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer is asking about more items seized, including the PINs to two bank accounts (Agent says he didn't check them) and now a receipt for a television bought in San Pedro Sula on June 18, 2019.
Judge Castel looking impatient, at least to this reporter.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer: Did you or anyone else look into the to and from calls on this phone bill?
Judge Castel: You can ask him if he looked into it, or to his knowledge anyone else in DEA looked into it. Otherwise I'm sustaining an objection to the form of the question

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer asks DEA Agent Gonzalez, "You say you speak Spanish. Do you know what this on the receipt means: 'Devolucion ISBTC'?"
Agent Gonzalez: I don't know what it means.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer gets to his point, asking: On the phone that you seized when you arrested my client, did you find any texts or WhatsAps with El Rojo?
A: No.
Q: With Ardon or the Valle Valles? Anyone?
Agent: There was Mr. Calix.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer: But was Mr. Calix the one who testified?
Agent: No.
Q: Did your report say that on the defendant's phone were communications with a drug trafficking Mr. Calix?
A: I don't remember.
Q: Would seeing your report refresh your recollection?

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer continues: So did anyone in the DEA get Tony Hernandez on tape talking to these people?
DEA Agent Gonzalez: I don't know.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer: and these photos, are they mug shots after arrest? Or before they were arrested, when they were living whatever you'd call their normal life?
Agent Gonzalez: I don't know.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Q: Helicopters... Do you have any hard evidence that Tony Hernandez owned them?
Agent: I don't know what you mean.
Q: Do you have any bills of sale?
[Meanwhile, the AUSA are rifling through their binders]

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Q: Do you have any manifests or passenger lists? ... Drug dealers don't always comply with laws. That aside, is there a manifest anywhere listing Tony H?
Agent: I believe so. I don't recall the year.
Q: Where would this piece of paper be?

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Agent: I would have to contact the agents on another investigation... I believe I saw it.
Tony H's lawyer: Do you know what the flight was about?
Agent G: I do not.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer: Did you know that the Republic of Honduras issues licenses to have automatic weapons like M-16s and M-15s?
DEA Agent Gonzalez: I did not.
Q: Are automatic weapons legal here in the US?
DEA Agent Gonzalez: I believe so.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer: And his luggage, when it was searched were there any drugs in there? Any drug ledgers?
DEA Agent: No.
Tony H's lawyer: Now on the side, there was some underwear. But did you see any receipts for Under Armor garments?
DEA Agent: I didn't see any

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Tony H's lawyer has moved on from his client's underwear to his pajamas, Defense Exhibits 201-3 and 201-4. AUSA look like they're trying to figure out where this is going.
Prediction: Judge Castel will soon call lunch [it's 12:59]

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Prediction confirmed: Judge Castel just called lunch break, at 1:01, in the middle of Tony H's lawyers questions to Agent Gonzalez. The efficacy of this underwear to pajamas and "the dog that didn't bark" cross examination will be reviewed. Thread will continue.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Interminable argument by Tony Hernandez' lawyer that his post arrest statements were not voluntary. You be the judge

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN It continues: AUSA Amanda L. Houle now reading in stipulation about Tony Hernandez' arrest before he boarded an international flight in Miami, the seizure of his Samsung and other phones. Says: "Please publish 203-R, page 16, and click on the phone at 1296."

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA Houle: "Special Agent, you were asked a series of questions about helicopter manifests. Do cocaine traffickers typically file manifests when they transport cocaine?"
Agent: No.

Note: Wonder if this re-direct will get in the material on Tony H's underwear and pajama : )

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: Special Agent, you were asked a series of questions about gun permits... Is this a licence to use a machine gun to protect cocaine shipments?
Agent: No.
AUSA Houle: Your Honor, I have no further questions.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Next witness is Giovani Rodriguez.
AUSA: Where do you live?
A: The MCC (prison next to this courthouse)
Q: How long have you been there?
A: Three years.
Q: Where do you come from?
A: Honduras.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: How did you make money in Honduras.
Rodriguez: I was in the National Police. And I trafficked drugs.
AUSA: Do you recognize the individual in his photo?
A: Mauricio Hernandez.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: When you provided security for drug shipments, how were you armed?
Rodriguez: With 9mm handguns and AR-15 rifles.
AUSA: Were you charged in the USA for drugs?
Q: did you surrender, and agree to cooperate?
A: Yes.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: What did you plead guilty do?
Rodriguez: Drug conspiracy, and machine guns.

Rodriguez: Mauricio Hernandez approached me in around 2010 about helping with cocaine trafficking.
AUSA: Who did he say he was working for?
A: For Chande and for Tony Hernandez

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Rodriguez: He told me that Tony Hernandez was funneling money to the campaign of Juan Orlando Hernandez.
AUSA: Were you offered anything?
Rodriguez: Protection.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: Did you ever see money in the defendant's house?
Rodriguez: Yes. In a closet.
AUSA: What type of currency?
Rodriguez: US twenty dollar bills.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN AUSA: What is it your understanding you will get for your testimony?
Rodriguez: A Five K Point One letter.
AUSA: What would the 5K.1 letter say?
Rodriguez: My good and my bad. [This seems to be a scripted line - #6ix9ine said the exact same thing]

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Omar Malone cross examination: So, the house you saw the money in in Tegucigalpa, you only heard it belonged to Juan Antonio Hernandez, isn't that right?
Rodriguez: Yes, I saw told that.
Malone: Did you do a property check?
Rodriguez: No

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Malone: You indicated you saw some money in a closet in a room. Do you know how many rooms that home had?
Rodriguez: Three.
Malone: Do you remember which room it was in?
Rodriguez: No.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Malone: And you were a lawyer too?
Rodriguez: Yes.
Malone: As a lawyer in Honduras you understand how the legal system works there, right?
Rodriguez: Yes.
Malone: Did you know others had been extradited?
A: Si.

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Malone: As a Honduran National Police officer, did you ever look into someone's phone records?
Rodriguez: No, I did not work in those areas.
[Prediction: Judge Castel will call it a day soon - it's 4:57 pm. Looks like he'll do it, again, mid-question.]

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN Judge Castel cut in mid question and wished the jurors a good evening, to not discuss the case with anyone. Second story of the day on this trial soon. First one: innercitypress.com/sdny9hondurast…. And patreon.com/posts/30611238

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN But wait- there's more! Judge Castel asks Tony H's lawyers why they waited until yesterday to object to playing only portions of Tony's post-arrest statement for the jury.
Tony's lawyer: "Thank you for your comments, your Honor, they mean a lot to me." #lawyering

@sdnylive @MatthewLeeICP @TN5Telenoticias @elpulsohn @UnivisionNews @unetvhn @HoyMismoTSI @hondurassol @ElMundoSV @InSightCrime @Mundo_PN OK, *now* it's over for the day. Seems US has two more cooperating witnesses, and an expert and a law enforcement witness. Judge Castel gave them until Sunday at noon to argue what additional Tony statement can come in. Evidence bag almost got forgotten : )