Thread by @innercitypress

OK - #NarcoHonduras case of US v. Juan Orlando Hernandez, Inner City Press has been waiting in the hall with many who came to Tony's trial, covering all the cases innercitypress.com/hondurassalgue… & patreon.com/posts/filing-i… and will live tweet, thread below #AquiEstamos

Juan Orlando Hernandez is brought in tan prison uniform, with Angel Martinez.
Now Judge Castel.
All rise!
Assistant US Attorney: We have made five productions of discovery, recording of meeting with co-conspirators, extractions from electronics...

AUSA: We also have drug ledgers... We have produced a significant amount of information, in an abundance of caution. For classified information, we are mindful of the February 1 deadline. We will file ex parte and under seal.
Judge: When?
AUSA: Next several weeks

Judge Castel: Trial is set for April 2023. Let me hear from the defense - I'll set a date for the government's disclosure of the government's request to charge, and a date for the final pre-trial conference. Any motions?
JOH's lawyer: The discovery is voluminous.

JOH's lawyer: I speak fluent Spanish, but some of the audio is not clear.
Judge Castel: What type of motion would that be?
JOH's lawyer. Some type of audibility hearing. Also there is a lot of noise in the jail. We need newer headphones, theirs date back to 9/11

Judge Castel: Get in touch with the warden of the MDC and dialogue about what brand and model of headphones and why you need them. But with regard to the recordings, is the US providing you with draft translations?
JOH's lawyer: Some, that go back 8 or 9 years.

JOH's lawyer: My client's English is not the bad, the summaries are in English. But there are omissions in the summaries. Exculpatory statements, S-O-N O-F A B-I-T-C-H, I'm being diplomatic for the record - these words are not in there, there is a pattern

Judge: If the government sees conversation they intend to use as trial, they should make the interim or draft translations available to you on the rolling basis, would that help?
JOH's lawyer: Maybe but --
Judge: Of course they would not be the final translations

Judge Castel: In my experience, it is common to have instances where it says "inaudible." If you are saying it says, "That SOB," call the government. Maybe it says "Son of," then you have have an intelligent discussion. Let me hear the balance.

JOH's lawyer: The other issue is the ability to have access to my client... The discovery is voluminous, we have a protective order. I've kept all the materials. I don't leave any of the materials with him. But he needs to be able to look at it when I'm not there

JOH's lawyer: I think the US is now going to provide a redacted copy that I can leave there with him. I have to say, the BOP personnel have been very helpful. But jails have their own rules we have to abide by. The basic problem is, they don't have the cannon fire

JOH's lawyer: Some of the corrections officers say they have to relieve themselves, it's understandable, but it cuts out visit short. Or if there's a situation that requires reinforcement. It's frustrating. We've asked for separation orders, co-conspirators...

JOH's lawyer: My client was not transported by himself. He felt uncomfortable in that big a crowd. He is the ex President of Honduras. Some in the transport may have been part of a terrorist group...

JOH's lawyer: I can bring in my charger, then it's taken away. There's been a see-saw back in force. The lack of the charger, it implicates the Sixth Amendment.
Judge Castel: Charge up your machine in advance, right?
JOH's lawyer: My charge only lasts a few hours

Judge Castel: The BOP is in the Executive Branch, they report up to the same chain as the US Attorney. I'm in a different branch. I cannot modify their charger rule. I make sure there is a counsel at the facility who will accept communications from defense lawyers

Judge Castel: I can't order them to let you bring your charger in. I have not idea of the issues. Are people strangled with the cords?
JOH's lawyer: There are other cables in the room they could use to strangle people. Anyway, I think that's it.

Judge Castel: Any suppression motions? Motions addressed to the face of the indictment?
JOH's lawyer: No motions, no sir.
Judge Castel: The government should submit its request to charge and any motions then the defense has to March 31 to respond, with any motions

Judge Castel: I've tried 2 cases, the [Geovanny] Ramirez case, & the Tony Hernandez. Look at the jury instructions I gave, that's my advice.
AUSA: We'll produce 3500 material next month, to end several months before trial.
Judge Castel: That sounds unusual & good

AUSA: There might be several witnesses who present safety concerns, so we might wait until closer to trial.
Judge Castel: By March 24, 2023 - except for witnesses they apply for and I review - and some earlier on a rolling basis.

AUSA: We move to exclude Speed Trial Act time until the date of the trial, April 24.
JOH's lawyer Colon: I understand.
Judge: Any objection?
Colon: No.
Judge: I exclude time. We are adjourned.
Story soon on InnerCityPress.com and patreon.com/MatthewRussell…