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OK - in #Honduras narco case of JOH & El Chapo, Otto Rene Salguero Morales is to be arraigned now. Lawyer also for his cousin says hasn't been able to speak with his incarcerated client. @SDNYLIVE Inner City Press will live tweet - thread
Judge Castel: Has there been a superseding indictment, S5?
Assistant US Attorney: Yes, S5 is the operative indictment.
Judge Castel: Mr. Feitel, has your client spoken with you?
Inner City Press has covered the cousin / conflict:…
Judge Castel: I understand Mr Freitel has a bail application. The circumstances of this case are somewhat unusual. Should I set a date in October for parties to return and say if there are any motion in the case?
Feitel: Yes, it's always prudent to have deadline.
Judge Castel: I'll set this for Oct 8.
Feitel: I hope that things have reopened by then.
Judge Castel: I don't know if you'll be coming to NY for this defendant. I've made it abundantly clear I will not permit joint representation.
Feitel: I'll stay for Otto.
Feitel: I believe someone else will represent Otto's cousin.
Judge Castel: I will be happy to see that. Let me hear your application.
Feitel: I'd like my client to be temporarily released. The lockdown hinder my ability to represent my client.
Feitel: Two family members are willing to post their property. We would consent to GPS and no Internet access. The custodians are citizens, they are employed. If he violated conditions, they would report him. They do not want to be complicit.
Feitel: I have his passport. I will not be returning it. There is never a 100% guarantee of return to court. Otto came voluntarily to this country. There are questions if he has status. I am not an expert in immigration. The US knows he's hear - parole benefit.
Feitel: My client is charged with crimes, but there are crimes outside of the United States. I understand there is an immigration detainer against him. But it may be they won't pick him up.
AUSA: This case is serious, with connections to El Chapo. The defendants have no legal status in this country. If the court released him, he could not walk around on the street.
AUSA: The defendant is alleged to have connections with dangerous criminals throughout Latin America. If released he could just disappear.
Judge Castel: The Court finds that the government has come forward and established this is a presumption case. The presumption has not been overcome. Nor is his release necessary to the defense at this stage. He is charged with cocaine important, machine guns...
Judge Castel: The declaration of Ms. Fahardo, living in Connecticut, said she met Otto her uncle in Guatemala. He has never been to her home. There is no basis for this court to order the US Marshals to leave this defendant into Manhattan.
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