, 75 tweets, 163 min read
OK - in #Honduras trial, this week begins after deal on more of Tony H's post arrest statement getting to jury, no more cross examination of Agent Gonzelez but a few more witnesses. Story here patreon.com/posts/30727649 Below, thread
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime After Judge Castel muses to jury about Yankees' split in Houston and what will happened today in baseball playoffs, first US witness is Special Agent Papadoupoulous (sp). He referred the DOJ Office of Int'l Affairs
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: The interview in Miami, was there a time limit?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: So this is the proffer agreement from October 2016? Who signed it?
Agent: Yes. The defendant signed it, and I did.
AUSA: So it says, "This is not a cooperation agreement," right?
Agent: Right.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: And it says, You can be prosecuted for a false statement, 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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: So how did this proffer interview begin?
Agent: We showed the defendant a photo of himself, taken from a video.
AUSA: Exhibit 271 - does it fairly and accurately depict
Agent: Yes
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did the prosecutor ask any questions about the Cachiros?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Was the video publicly available at the time?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did the defendant say anything about the contracts with 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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Exhibit 307, was the defendant shown this document at the October 25, 2016 interview?
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did defendant say how he met Don H?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did defendant say if Rojo paid him?
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did the defendant say anything about the Valle brothers?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did the defendant mention the Valles asking for his brother's travel schedule?
Agent: He said he never provided the information but later came to understand the Valles tried to assassinate his brother...
AUSA: Nothing further.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: Is there a transcript of that October 25, 2016 meeting in Miami?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: Was there some rule against asking to record?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: Does Agent Gonzalez report to you?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: My client, he didn't receive any benefit from coming in to talk. He came in naked -- I see that there's an objection. (A pause). So this was after a Cachiro testified he'd spoke with Tony, right?
Agent: I'm not sure I understand your question.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: He wanted to clear his name, right?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Re-direct by AUSA: You were asked if the October 25, 2016 interview was recorded - did the defendant's lawyer ask that it be recorded?
Agent: He did not....
AUSA: Nothing further, your Honor.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Programming note: Now as agreed on Sunday, AUSA Houle is putting into evidence more of Tony Hernandez' post-arrest statement. Inner City Press will endeavor to get new segment(s) and put though online later today, probably in the evening. Segment 6, etc.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime In segment playing now, Tony H was confronted post-arrest with having lied in October 2016 saying he never met the Cachiros, in light of video.
Tony H (on post arrest video): I didn't know who they were
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Now in Segment 12 playing for jury, Tony H said, Sure I knew who the Valles were, I met them at a birthday party.

From Segment 13, Question to Tony H: So you knew Calix?
Tony H: Yes, a little.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime From Segment 14, Tony H: Juan Carlos Valezuela...
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime In Segment 15a then 15b, Tony H talks about a watch and gun he was given.
Now AUSA Houle offers Exhibit 1004, a stipulation (agreement with Tony H's lawyers), that Defense's English translations are accurate.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Now Exhibit 1007 is entered into evidence, agreement that Counts 1, 2, 3 and 4 of the superseding indictment, venue is appropriate in the Southern District of New York.

And with that, Judge Castel declared a break. This thread will continue
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: What did the Defendant say about how he wanted to be paid?
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Were they wearing any particular kind of clothing?
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: And what was the stamp on the cocaine?
Witness: It was T.H.
AUSA: Did you make other deals with the defendant?
Witness: Yes, other deals for 700 kilos each.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did you see a stamp or stamps on the cocaine?
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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Do you remember the names of the pilots used in your deals with El Rojo?
Witness: One was Felipe Ruiz, the other was called El Perro, I don't know his real name.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Mr. Chang, what is shown on the side of this photograph?
Chang Monroy: These were the lights used to help the plane land.
AUSA: Are you familiar with the San Andres Islands?
Chang Monroy: Yes
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: So where are the San Andres Islands?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Have you engaged in any weapons deals with the defendant?
Chang Monroy: Yes, approximately two deals in 2011 and 2012.
AUSA: What was involved?
Chang Monroy: Caliber 56 ammunition.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Where was the ammo delivered?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Have you ever owned a 50 caliber machine gun?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Did you know Carlitos?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: When did you plead guilty?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Have you always been honest with the US about the number of murders you committed?
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]
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: No further questions.
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: High powered weapons you possessed, in connection with drug trafficking - you've never been changed with that, have you?
Chang: That's right.
Malone: Are you aware of the minimum 30 year sentence you avoided by not being charged with that?
AUSA: Objection
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: I'll re-phrase. Your lawyer, did he discuss with you that you escaped a 30 year minimum sentence for the weapons you possessed while you were trafficking drugs?
AUSA: Objection.

Judge Castel sends jury out. Seems it's time for lunch. Thread will continue
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: You met with prosecutors in 2015, but you don't remember the dates, right?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: Do you recall testifying in court in Virginia?
Chang: Yes.
Malone: You told prosecutors you knew about the activities of El Rojo, right?
Chang: Right.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: And in 2018 a meeting was scheduled between you, your lawyers and DEA agents, right?
Chang: Right.
Malone: Do you remember how long that meeting was?
Chang: No.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: Were special arrangements made so it didn't look like you were meeting with law enforcement? So other inmates couldn't see you and speculate about it, right?
Chang: Yes.
Malone: And the DEA agents took notes, right?
Chang: Right.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: And they asked you about your drug trafficking through the years?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: You told them you knew El Rojo, 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
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Chang: I asked my wife to check the ledgers, or journals... I would like to correct myself. She was my girlfriend, not my wife.
Malone: Regardless of who she was, if the name El Gordo was in the household ledgers, he shouldn't be in there.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Chang: He was in there, because I purchased a vehicle from him.
Malone: You met with prosecutors again in November 2018, right?
Chang: Right.
Malone: and you lied?
Chang: I don't understand
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: You said only two murders.
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Chang: They asked me if I had committed more murders and I said 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?
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Chang: I don't understand the question.
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: When's the last time you used a cell phone?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Malone: Did you ever tell you wife, excuse me, your novia, to provide the US with your cell phone records?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: Why were you scared of Tony Hernandez?

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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Now the government rolls in a shopping cart with rifles on it, and puts on the stand witness Cody Toy of the ATF (Alcohol, Tobacco and Firearms).
AUSA: Have you been trained on identifying firearms?
Cody Toy: Yes, 800 hours of trainings.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime For minutes now, AUSA is asking Cody Toy generic questions about guns and ammunition. Judge Castel, it appears, is impatient, like some others.
AUSA: Exhibit 601 should be in the cart in the front. Please explain how it works.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA: What does it say on the gun?
Cody Toy: "Juan Orlando Hernandez... Presidente de la Republica."
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime AUSA is asking for explanations of AR-15s and M16s, now AK-47. On each, the firing rate and firing range.
Judge Castel is leaning back, fingers interlocked, twiddling his thumbs from time to time.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime It continues, with AUSA asking ATF's Cody Toy about gun after gun. "Mister Toy, is there a machine gun version of this firearm?"
A: Yes.

[Toy is quite a last name for a Federal firearms expert. Jugete.]
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Now Tony H's lawyer cross-examining Cody Toy: "Are you aware if any of these guns are lawful in Honduras?"
Toy: I do not know anything about Honduran law.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony H's lawyer: And the one labeled "Juan Orlando Hernandez," do you know if the firearm is real?
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime OK - Agent Cody Toy's testimony is over. Now both sides lawyers are having a sidebar with Judge Castel, with the white noise turned up....
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Judge Castel turns off the white noise, tells the jurors, We're going to take a recess then bring you back. The government's case is over. But there are some other matters. So we'll bring you back.
They file out.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime After the jurors go back into jury room, Tony Hernandez is taken back into holding cell. Then his lawyers follow him in. The prosecutors remains mailing around their table. Judge Castel has left too, to his robing room. #EndGame
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime [Didn't know that hastag "EndGame" somes with its own icon / emoji. Meant, we're getting to the end of the trial. Questions now whether Tony H will testify, and separately what type of case if any the defense may put on.]
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Tony Hernandez has returned from the holding cell, tells Judge Castel that he chooses not to testify.
Judge Castel: This is your decision?
Tony H: Asi es.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Judge Castel tells the jurors the evidence in the case is over, tomorrow will be the closing arguments and the charge. He's not sure the jury will "get the case" tomorrow or early Thursday. But tomorrow they will order lunch in.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Government estimates two and half hours for initial summation, extra 30 minutes for rebuttal.
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.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Judge Castel: The government said it doesn't need a prior inconsistent statement instruction. Is that still the case?
AUSA Houle: Yes.
Omar Malone: There have been prior inconsistent statements by Chang, by Alex Ardon....
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Judge Castel: There is a possible instruction on evidence offered under 404b - has there been any?
Omar Malone: No.
Judge Castel: So that is out.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime Judge Castel: I intend to tell the jury that they must be unanimous on which act--
Omar Malone: Which act IF ANY.
Judge Castel: You're right, thank you, that's in.
@MatthewLeeICP @sdnylive @unetvhn @HoymismoT @TN5Telenoticias @elpulsohn @radiohrn @diarioelheraldo @Mundo_PN @InSightCrime The charging conference is over, and Judge Castel has left the bench. Tomorrow will be the closing arguments (six hours) and the jury might get the case then, or early Thursday. Stories soon on InnerCityPress.com and patreon.com/posts/30727649
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