Judge Brian M Coganin charge of the case for drug trafficking against Genaro Garcia Lunaordered the defense of the former Secretary of Public Security of Mexico show the alleged new evidence that he claims to possess, and for which the lawyer César de Castro requested the postponement of the Mexican sentence, which -until now- is scheduled to be announced on September 27.
The defendant has not shown an adequate cause for such a prolonged extension” of the pronouncement of the sentence, points out the determination of the judge of the Court of the Eastern District of New York, instance to which García Luna’s defender has requested that the sentence be handed down until March 1, 2024.
Initially, the togado had set June 27 as the date on which he would pronounce the years in prison that the also former head of the now-defunct Federal Investigation Agency (AFI) must serve, after he was found guilty of five criminal charges. against him, three of them for collaborating with drug trafficking.
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Judge Cogan, also at the request of the litigant Cesar de Castroagreed to delay the sentence for three months, establishing its pronouncement for September 27, so the new defense request, which the US Attorney’s Office opposes, must be fully argued.
For this reason, “the Court will receive an ex parte presentation in support of the motion” of the defendant, in order for the defenders to show the elements that would justify delaying the verdict once again, details the judge’s order whose copy he has HIGH LEVEL.
According to César de Castro, after García Luna was found guilty on February 21, “several people, including former law enforcement officers from Mexico and the United States,” gave him “possible new evidence favorable to the defense,” with the that it would even be feasible to request a new trial for the former official.
In addition, adds the defender in the motion with which he requests to delay the sentence, “in the last month, we were provided thousands of pages of material, audio and video files potentially relevant to the case”, which are being reviewed by a team of lawyers.
The jurist, who acts on behalf of García Luna as public defender, whose fees are paid by the New York Court, says that most of this new material is in Spanish, so its review is slower.
“We understand that this cannot be an indefinite process, however, the elements that we have received are directly relevant to the case, and many are legal materials” that, if admitted by Judge Cogan, could delay the issuance of the judgment in the first instance. judgment, or -if applicable- they would form part of a special motion in which García Luna’s defense would request a new trial.
Any of these scenarios has to be decided by Judge Brian M. Cogan, after analyzing the new defense evidence, although if the togado decides not to grant a new criminal process, which has not yet been officially requested, when it is handed down the sentence is It could include a penalty for the former Mexican public servant between 25 years and life in prison.
Genaro García Luna was found responsible for helping to distribute approximately 52,845 kilos of cocaine in the United States, due to the alleged collusion he had with the Sinaloa cartels and the Beltrán Leyva brothers.
Specifically, the jurors in this case, seven women and five men, considered that the US Attorney’s Office was able to prove, beyond a reasonable doubt, that the former Secretary of Public Security of Mexico participated in an ongoing criminal enterprise, and conspired internationally to distribute cocaine.
Likewise, he conspired to possess cocaine, and to import that drug into the United States, in addition to making false statements to the immigration authorities of that country.
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.