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: 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: Yes
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: Yes.
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.
Agent: No.
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.
Agent: No.
Tony H's lawyer: Was there a court reporter, like this gentleman?
Agent: No.
Tony H's lawyer: Did you take notes?
Agent: No.
Agent: Yes.
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: Yes
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: It was T.H.
AUSA: Did you make other deals with the defendant?
Witness: Yes, other deals for 700 kilos each.
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
Witness: One was Felipe Ruiz, the other was called El Perro, I don't know his real name.
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.
Chang: 2016.
AUSA: Did you have a cooperation agreement?
Chang: Yes.
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?
Chang: Yes.
Malone: In the Eastern District of Virginia first, right?
Chang: Right.
Chang: That's right.
Malone: Are you aware of the minimum 30 year sentence you avoided by not being charged with that?
AUSA: Objection
AUSA: Objection.
Judge Castel sends jury out. Seems it's time for lunch. Thread will continue
Chang: Right.
Malone: You met with prosecutors in Virginia in 2016, many times, right?
Chang: I don't remember how much times.
Malone: And in 2017...
Chang: Yes.
Chang: Yes.
Malone: You told prosecutors you knew about the activities of El Rojo, right?
Chang: Right.
Chang: Right.
Malone: Do you remember how long that meeting was?
Chang: No.
Chang: Yes.
Malone: And the DEA agents took notes, right?
Chang: Right.
Chang: Yes.
Malone: And they asked you about Tony Hernandez and you said you didn't know him?
Chang: Right.
Malone: You said you didn't know Calix, or Alex Ardon?
Chang: Right.
Chang: Si.
Malone: And he's from Guatemala like you, right?
Chang: Right.
Malone: And in the Northern Neck Regional Jail, you told them about a group called something like The White Boys?
Chang: Yes
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?
Chang: 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?
Chang: Si.
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?
Chang: no.
Chang: 2015.
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?
Chang: Four.
Chang: No.
Malone: That's all I have, Judge.
Re-direct by USA: you told the government about a number of violent drug traffickers, right?
Chang: Yes.
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.
Cody Toy: "Juan Orlando Hernandez... Presidente de la Republica."
Judge Castel is leaning back, fingers interlocked, twiddling his thumbs from time to time.
A: Yes.
[Toy is quite a last name for a Federal firearms expert. Jugete.]
Toy: I do not know anything about Honduran law.
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.
Toy: No.
They file out.
Judge Castel: This is your decision?
Tony H: Asi es.
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....
Omar Malone: No.
Judge Castel: So that is out.
Omar Malone: Which act IF ANY.
Judge Castel: You're right, thank you, that's in.