Thread by @innercitypress

OK - in #NarcosHonduras trial of US v. Fuentes-Ramirez, Day 6 of evidence continues with "Witness-1" being cross examined about the video he copies of JOH. Audio call-in line still cut. Inner City Press will live-tweet, thread below

Fuentes' lawyer: You came to the US on a visa in 2012 and overstayed the visa, correct?
Witness-1: No.
Fuentes' lawyer: Do you remember telling the FBI that in 2019?
Witness-1: No. I came three times, four times, before staying.

Fuentes' lawyer: You're telling us both meetings with Juan Orlando Hernandez took place before the election, correct?
Witness-1: Yes.
Fuentes' lawyer: So at least one of the meetings took place before you left with the US, correct?
Witness-1: Right.

Fuentes' lawyer: But when you went to the US in October 2013, even though you say you were scared for your life, you didn't seek asylum, right?
Witness-1: Correct.
Fuentes' lawyer: And you remained in Honduras for the next 2 years before going to US in June 2015?

Witness-1: I appeared at the Court in Chicago. I spoke to an assistant prosecutor and told her what I knew. She told me I had to go back to Honduras and get more proof. But they called me from Honduras, about Christian Ayala, and said they were looking for me too

Fuentes' lawyer: You heard that Tony Hernandez had been arrested, right?
Witness-1: Yes.
Fuentes' lawyer: You hope that by testifying you will get help with your asylum application?
Witness-1: I have not requested anything from the US other than security.

Fuentes' lawyer: Didn't your lawyer ask that the US pay part your legal fees for you immigration case?
Witness-1: No.
Fuentes' lawyer: I'd ask the interpreter to show the witness 3536-08, the first paragraph.
[This is from the "3500 material, discovery]

Fuentes' lawyer: You met with Mr. Gutwillig, the prosecutor.
Witness-1: I met with a Matthew Something, I don't remember.
[We're guess, Laroche. -Inner City Press]

Witness-1: I only asked that for the day I had to miss work for this, they recognize me, so I can pay my rent. I think that's fair, for being here, risking my life.

Fuentes' lawyer: But your lawyer did make the request for fees, right?
AUSA: Objection!
Judge Castel: The question is, do you remember your lawyer making the request?
Witness-1: No.

Re-direct.
AUSA: Mr. Sanchez, you were the head accountant for Graneros and made a good living?
Witness-1: Yes.
AUSA: What do you do now for a living?
Witness-1: I am a carpenter.

AUSA: Are you making money as a carpenter while here in NY testifying.
Witness-1: No. I am behind on rent.

AUSA: When you came to the US, what did Graneros secretary call you and say?
Fuentes' lawyer: Objection.
Judge Castel: Not for the truth of content, but for that it was said.
Witness-1: About Christian Ayala, and that they were looking for me, get rid of my phone.

After a series of sidebars and disallowed questions, Judge Castel gives the jury a break. Thread will continue.

During the break, note: the US Attorney's Office has filed its sentencing memo for Tony Hernandez - story soon on InnerCityPress.com and patreon.com/posts/48353776

OK, they've back, with Witness-2. Audio call-in still cut.
AUSA: Mr. "Medina," were you an agricultural engineer for Ganaderos?
Witness-2: Yes.
AUSA: Who owned Ganaderos?
Witness-2: Javier Rivera.

AUSA: Who is this, in the photo?
Witness-2: Geovanny Fuentes.
AUSA: When did you first meet him?
Witness-2: 2010.

AUSA: The party you met him at, who else was there?
Witness-2: Los Valles.
AUSA: Did they have weapons?
Witness-2: Yes. All of them, their security had AR-15s and other guns.

AUSA: Mr. Medina, when did you first see the defendant Mr. Fuentes?
Witness-2: In 2010. They came to the finca of Javier Rivera, who was going to rent him, Isidro Rivera and Metro some land to grow malanga.

AUSA: For the benefit of those of us who are not familiar with malanga, what is it?
Witness-2: A tuber. A vegetable.
AUSA: Did you become aware of a rice seed dispute.
Witness-2: Yes, I called Isidro Rivera and told him the seeds were no good.

AUSA: What about when Isidro was selling wood chips to the defendant?
Witness-2: That fell through too. The chips were then sold to someone else, who called me from a checkpoint...
[Long sidebar. Then:]
Judge Castel: This testimony is not about what is charged

AUSA: Did there come a time when Ganaderos closed? Who did you work for next?
Witness-2: Mr Jarufe and Geovanny Fuentes.
Judge Castel: OK, we'll break. Please enjoy your lunch.
Thread will continue.

Now during lunch "break," note that for presidential brother Tony Hernandez, convicted in jury trial before Judge Castel, the US is asking for "a sentence of life imprisonment and order that defendant forfeit $138.5M, return all funds disbursed to CJA & $10M fine

US' sentencing submission asking for life in prison for Tony Hernandez includes as an exhibit this Bill pending in the US Senate, "Honduras Human Rights and Anti-Corruption Act of 2021"

Story: For Tony, US Wants Life in Prison, $149 Million & CJA Fees Back Amid Geovanny Fuente Trial With Audio Call-in Still Cut @sdnylive Story: innercitypress.com/sdnylive9ahond… Full Document / 65 page memo: patreon.com/posts/48872263 @SubstackInc matthewrussellleeicp.substack.com/p/for-honduras…

Now at 1:52 pm, Judge Castel is back on the bench. Before jury comes in, he reads out Court Exhibit 10, a note from a juror asking how long the trial is going to go, the juror's boss wants to know.

Direct examination of Witness-2 continues.
AUSA: Why did Ganaderos stop doing business?
Witness-2: It was reported they were on the US OFAC list...
AUSA: Then during the time you were working with the defendant & Mr Jarufe, did he show you guns?
Witness-2: AR-15.

AUSA: Did the defendant Geovanny Fuentes tell you where he got the gun?
Witness: A senior Police or senior military, I don't remember.
Cross-examination:
Fuentes' lawyer: Did you have a three-way call with Mr. Rivera and his wife?
Witness-2: I don't understand.

Fuentes' lawyer: In January of this year did you speak with Mrs. Rivera, who connected you with Javier Rivera?
Witness-2: Si.
Fuentes' lawyer: Did you discuss a document you had written and sent to Javier Rivera? About your talks with Mr. Jarufe?
Witness-2: Yes.

Fuentes' lawyer: I direct you to Defendant's Exhibit... You knew Javier Rivera was in jail in the USA, right?
Witness-2: Yes.
Fuentes' lawyer: But you didn't know the phone call was being taped, did you?
W2: No.
Fuentes' lawyer: Now do you remember?

Witness-2: Sure I said it. But it was Geovanny Fuente who told me to talk with Jarufe.
And after a brief re-direct, it's on to the next (Government) witness: Special Agent Sandalio Gonzalez.

Inner City Press: will the audio call-in line be turned back on?

Judge Castel: How long will this witness be?
AUSA: Two and a half hours.
Judge Castel: I think it will be shorter. Get at it.
AUSA: Are you in the bilateral investigations unit?
Agent Gonzalez: Yes. On Colombia, Honduras and other countries.

AUSA: On March 1, 2020 did you arrest Geovanny Fuentes and interview him?
Agent Gonzalez: Yes. And it was video taped. It's on this disk.
[Inner City Press will upload this as soon as it can]

AUSA: What is this?
Agent Gonzalez: Translation of the video clips.
AUSA: Please play it.
[Post-arrest interview is in Spanish.. and "sin avogado"
While its introduction is being played, Geovanny Fuentes is sitting at the defense table looking at his hands]

AUSA: What was that, Agent Gonzalez?
Agent Gonzalez: The advice of rights form that the defendant Geovanny Daniel Fuentes signed.
AUSA: And who is this, in the photo?
Agent Gonzalez: Melvin Sanders a/k/a Metro.
Video: Defendant: Lo mataron.

On video, Geovanny Fuentes: Maybe yo lo conozco porque nacio en el barrio.
Agent Gonzalez: Conoci a los Cachiros?
Fuentes: Si. Pero sin negocios ilicitos...
Agent Gonzalez: Usted conozco Ganadero?
Fuentes: Fuerte en arroz. Si trabaje con ellos, como joven.

On video: Fuentes: Tomamos cafe. Jamas tema de efectivo.
Agent Gonzalez: Cuando encontraste los Cachiros?
Fuentes: Yo conozco a Javier por medio de Melvin.
Agent Gonzalez: Y Leo?
Fuentes: Tambien por medio de Melvin... En el disco de Metro en Chaloma, no recuerdo

AUSA: Let's turn to the texts with Comanche. How does defendant respond?
Agent Gonzalez: He says, the son was nailed...
AUSA: Next one, What does Comanche say?
Agent Gonzalez: Lawyer of los Valles was killed... Money is nice...
[Now, about the major of Chaloma]

Video: Fuentes: Juan Orlando Hernandez si llego, de campana, buscando apoyo.
Agent Gonzalez: Did you contribute to JOH?
Fuentes: No, never... Don Fuad did, but not me.
Agent Gonzalez: Did you give money to Don Fuad to contribute?
Fuentes: No.

Fuentes: Yo conozco el policia Ramon Martinez, viaje con el a Orlando.... y otro, Comisionado Martinez...
Agent Gonzalez: And Avila Mesa?
Fuentes: No lo conozco.

Judge Castel: Ladies and gentlemen, we'll take our mid afternoon break.

With jury out, Judge Castel asks defense, is it fair to say if you put on a case it will be one or two witnesses?
Answer: Yes.
Judge Castel: So the jury may get the case at the end of the day on Monday?
AUSA: That sounds fine.
Defense: OK.

Update: After noting that the call-in line was still off, after Witness-2, it's back on. Also note: many many judges are leaving call-in lines on. All should.
Judge Castel telling jury about it running, evidence, until Monday.

AUSA offers Exhibit, organizational chart of defendants brought to the SDNY.
Judge Castel: This is a demonstrative exhibit.
AUSA: Diaz Morales el Rojo, he was brought here, right? To Southern District of New York?
Judge Castel defines the SDNY counties for jury

AUSA: Were you involved in, and do you track, the case against Tony Hernandez?
Agent Gonzalez: Yes.
AUSA: We offer Government Exhibit 12.
Defense: Objection.
And so, another sidebar discussion.

They're back.
AUSA: That filing in the Tony Hernandez case, did it mention Juan Orlando Hernandez?
Agent Gonzalez: Yes.
AUSA: And the next day, was there this message from the Casa Presidencial in Honduras? Yes
[Inner City Press is looking in the docket asap]

Now they are putting into evidence messages of Geovanny Fuentes' sons --
including one identifying or guessing who CC-10 was.
Defense: Objection! Relevance!

For now, Inner City Press has looked at the cited filing - and it *still* has redactions

Agent Gonzalez has just confirmed that CC-1 is (well, was) Melvin Sanders a/k/a Metro

Agent Gonzalez, reading: "CC-4 is Juancho, Juan Orlando Hernandez."

AUSA: Has the defendant sent emails from the MCC prison?
Agent Gonzalez: Yes.
Stipulation: MCC is Facility-1, emails of Dec 26 and Dec 27 and Dec 28, 2020 in MCC

While stipulation is read, here's an earlier email of Agent Gonzalez:

Agent Gonzalez, reading: We need info about the mechanic from Guatemala who showed up half buried in Chaloma...
[then] Christian, on Monday I want confirmation if you speak with Martinez and Comanche.

It seems from these exhibits Geovanny Fuentes was emailing his sons, on the Bureau of Prisons' email system, to talk about getting help (to cover up) from the Attorney General of Honduras.
These exhibits should be made available as quickly as ordered in Eaze case

Now, the cross examination of Agent Gonzelez.
Fuentes' lawyer: Agent Gonzalez, do you train your subordinates?
Agent Gonzalez: That's not what we call them.
Fuentes' lawyer: Are there best practices in dealing with cooperators?
Agent Gonzalez: Yes.

Fuentes' lawyer: Cooperating witnesses should be compartmentalized, so they don't influence each other, right? Like if two people saw a car accident --
Agent Gonzalez: I don't deal with witnesses to car accidents.

Fuentes' lawyer: When did you become the group supervisor in charge of the investigation?
Agent Gonzalez: Sometime in 2020
Fuentes' lawyer: Did you do join debriefings with Javier and Leo Rivera?
Agent Gonzalez: I don't remember.

Fuentes' lawyer: You were debriefing Los Cachiros in Belize and meet with you, right?
Agent Gonzalez: Yes.
Fuentes' lawyer: And they'd go back to Honduras?
Agent Gonzalez: I don't know where they were going.

Fuentes' lawyer is asking Gonzalez about his interviews in 2014 with Los Cachiros.
AUSA: Objection.
Fuentes' lawyer: How about May 2014? Joint debriefing?
Agent Gonzalez: Don't remember.
Fuentes' lawyer: There are DEA-6 forms, for debriefings?
Agent Gonzalez: Yes.

Judge Castel: Ladies and gentlemen we'll end there. Thank you for your patience.
[The clock begins ticking on the US Attorney's Office making available the exhibits they introduced today, including while the call-in line was still cut.]

Judge Castel, to Fuentes' lawyer: I have questions about the document you gave to my deputy. I don't know who the person is, if there were conferences on those dates. I'm being asked to attest to someone being present and eligible for payment.

Judge Castel: Let's do it under seal now, at the sidebar.
[This appears to be about someone working with the defense getting taxpayers' funds under the Criminal Justice Act.]

Judge Castel: Finally, for the parties, think how long you want for your closings, keeping in mind you can't always get what you want but you might get what you need.
Have a pleasant evening.
(stories soon on InnerCityPress.com and patreon.com/posts/48353776