Agent: Yes, we were operating in a three hour window.
AUSA: Was there a prosecutor from the SDNY there?
Agent: Yes. He explained to the defendant what a proffer meeting was, and the consequences of lying.
Agent: Yes. The defendant signed it, and I did.
AUSA: So it says, "This is not a cooperation agreement," right?
Agent: Yes it does.
AUSA: Now Paragraph 7, read it please.
Agent: The terms of this proffer agreement only apply to this interview, not any other recording at any other time.
Agent: We showed the defendant a photo of himself, taken from a video.
AUSA: Exhibit 271 - does it fairly and accurately depict
Agent: No. The defendant said he recognized himself in the photo, but no one else in it.
AUSA: Was he reminded of the consequence of being untruthful?
Agent: No. The defendant said he didn't recognize the other people on the video.
AUSA: What more did the defendant say?
Agent: That he knew a man from law school who he believed represented the Cachiros.
Agent: Defendant said yes, he has wanted to discuss a hydro-electric project.
AUSA: Did he say he was paid?
Agent: No, he said he didn't receive any money.
Agent: Yes. But he said he didn't recognize the people in it.
AUSA: When did the defendant say he met Don H?
Agent: Yes. He said he was aware he was a cocaine trafficker
Agent: He said through a childhood friend named Carlos Toledo.
AUSA: Did the defendant refer to El Rojo?
Agent: Yes, he said he met him in 2007 or 2008 and that Rojo had many phones with him at the time.
Agent: He said Rojo never paid him, and he never helped Rojo.
AUSA: Did defendant refer to Calix?
Agent: He referred to a political relationship he had with Calix. He said Mario Calix worked with Rojo
Agent: He said he never met them in person, but was in touch with them through Tony Frontera, who asked him to defend in a sexual assault case, he said no.
Agent: He said he never provided the information but later came to understand the Valles tried to assassinate his brother...
AUSA: Nothing further.
Tony H's lawyer: Did they record it?
Agent: I don't know.
Tony H's lawyer: Did the cell phone you used in 2016 have a camera?
Agent: I don't remember.
Tony H's lawyer: Was there a court reporter, like this gentleman?
Tony H's lawyer: Did you take notes?
Tony H's lawyer: Did you want the video of the defendant with Agent Gonzalez?
Agent: Some of it.... It was in Spanish, and I don't speak Spanish.
Agent: I'm not sure I understand your question.
Agent: He came for an interview.
Tony H's lawyer: What's the difference between that I what I said?
Agent: Sometimes people come for reasons other than to clear their name.
Agent: He did not....
AUSA: Nothing further, your Honor.
Tony H (on post arrest video): I didn't know who they were
From Segment 13, Question to Tony H: So you knew Calix?
Tony H: Yes, a little.
Q: Who else offered you money?
Tony H: I don't remember.
Q: Did El Rojo offer?
Tony H: He said he was moving drugs through Guatemala
Now AUSA Houle offers Exhibit 1004, a stipulation (agreement with Tony H's lawyers), that Defense's English translations are accurate.
And with that, Judge Castel declared a break. This thread will continue
Witness: Tony Hernandez told me the payment would be the same as in the previous deal.
AUSA: When he left, was he with anyone?
Witness: Yes, four people.
AUSA: Were they armed?
Witness: The four were dressed in military uniforms.
AUSA: Afterward, where did you go?
Witness: To tell the police chief we were going to be moving 700 kilos for Tony Hernandez
Witness: Yes. T.H. and also stick figure [muneca].
AUSA: And where was the cocaine bound for?
Witness: For Mexico City, for the Sinaloa cartel
Chang Monroy: These were the lights used to help the plane land.
AUSA: Are you familiar with the San Andres Islands?
Chang Monroy: Yes
Chang Monroy: They are off the coast of Nicaragua.
AUSA: And did you ever travel to Europe?
Chang Monroy: Yes.
AUSA: Did you bring your Blackberries?
Chang Monroy: No. To avoid any problems.
Chang Monroy: Yes, approximately two deals in 2011 and 2012.
AUSA: What was involved?
Chang Monroy: Caliber 56 ammunition.
Chang Monroy: On the Honduras - Guatemala border.
AUSA: Moving on to the rifle deal, did you keep them all?
Chang Monroy: No, I sold some to the Sinalao cartel. Along with 600 kilos of cocaine. With the T.H. mark.
Chang Monroy: Yes. It was gifted to me by a hit man. Later I gave it to Che, he told me he needed it.
AUSA: Did you later learn what for?
Chang Monroy: To kill the president of Honduras.
Chang Monroy: Yes, he was El Rojo's right hand man [Hombre de confianza].
AUSA: What did Carlitos tell you about the relation of El Rojo with Tony Hernandez?
Chang: He said Tony was supplying El Rojo with drugs.
AUSA: Did you have a cooperation agreement?
AUSA: What does it require you to do?
Chang: Tell the truth. Testify when asked. And not commit anymore crimes.
Chang: No, senor...
AUSA: What might a 5K1 letter contain?
Chang: All of the good and all of the bad.
[note: we've heard this line before: #6ix9ine]
Judge Castel: Cross examination?
Omar Malone: Yes. So you said you had a number of meetings with the US government?
Malone: In the Eastern District of Virginia first, right?
Chang: That's right.
Malone: Are you aware of the minimum 30 year sentence you avoided by not being charged with that?
Judge Castel sends jury out. Seems it's time for lunch. Thread will continue
Malone: You met with prosecutors in Virginia in 2016, many times, right?
Chang: I don't remember how much times.
Malone: And in 2017...
Malone: And the DEA agents took notes, right?
Malone: And they asked you about Tony Hernandez and you said you didn't know him?
Malone: You said you didn't know Calix, or Alex Ardon?
Malone: And he's from Guatemala like you, right?
Malone: And in the Northern Neck Regional Jail, you told them about a group called something like The White Boys?
Malone: Regardless of who she was, if the name El Gordo was in the household ledgers, he shouldn't be in there.
Malone: You met with prosecutors again in November 2018, right?
Malone: and you lied?
Chang: I don't understand
Chang: They asked if I committed murder, and I said yes.
Malone: It wasn't until 2019 what you admitted the other murders, to the prosecutors in this case, right? You told them you had committed 13 other murders, yes?
Malone: When's the last time you spoke with El Rojo?
Chang: In 2013.
Malone: While you were in Virginia you were housed with others involved in drug traffic between Guatemala and Honduras, right?
Malone: You were housed with Che, with Luiz Valle, no?
Chang: I was with Che, but I was not with Luiz Valle. We were in the same jail, but not together.
Malone: You never got a message from Luiz Valle in the jail?
Malone: the 7 phones you had with you when you were arrested, they were for drugs, right?
Chang: I did not use all of the phones for drugs.
Malone: How many?
Malone: That's all I have, Judge.
Re-direct by USA: you told the government about a number of violent drug traffickers, right?
Chang: The other traffickers, they were like me, they did not have a brother who was president of a nation, did not have the same control of the police and of an Army.
AUSA: Have you been trained on identifying firearms?
Cody Toy: Yes, 800 hours of trainings.
AUSA: Exhibit 601 should be in the cart in the front. Please explain how it works.
Judge Castel is leaning back, fingers interlocked, twiddling his thumbs from time to time.
[Toy is quite a last name for a Federal firearms expert. Jugete.]
Cody Toy: There would be no reason to gift a head of state a fake gun.
Tony H's lawyer: But you can't tell for sure.
They file out.
Judge Castel asks the defense how much time.
Tony H's lawyer: Is that an estimate or a limit? Then says two hours.
Judge Castel: You'll be limited to that.
AUSA Houle: Yes.
Omar Malone: There have been prior inconsistent statements by Chang, by Alex Ardon....