JOSE TREVINO GUILTY! and Defense Attorney's Closing Arguments

by Chivis Martinez and Havana for Borderland Beat
José Treviño is Guilty along with three others, all except "Jesus Huitron!  Fernando Solis Garcia and  "Chevo" Huitron immediately taken into custody.....families embrace, more details below.

Verdict is in:3:36 PM the jury reached a decision

As the verdicts were read, the families of the defendants broke down in tears while hugging each other seeking comfort.  It was a highly emotional moment and one that reporters themselves could not help being moved by with  compassion.

Jury Verdicts:

Jose Treviño Morales -Guilty
Francisco Colorado Cessa - Guilty
Fernando Solis Garcia - Guilty
Eustevio Maldonado Huitron - Guilty
Jesus Maldonado Huitron - Not Guilty

The judge ordered Fernando Solis Garcia, and Eustevio Maldonado Huitron taken into custody.

Jesus Maldanado Huitron, obviously very upset about his brother said it was an injustice.  His life and business is in shambles. It's an injustice. “My life is destroyed.  I will work to build it back.”  He said he had six horses the government didn't take.  "I plan to continue building houses and painting houses.

His lawyer Brent Mayr said, "Jesus" has always been a contributing member of society and his life will be rebuilt.  

Jesus Maldonado Huitron and his niece expressed their feelings of injustice, and reflected on the fact that  Paul Joans and Tyler Graham, "white" horse trainers were free of prosecution.   

Closing Arguments:

Defense attorneys argued their case to the jury, attacking the credibility of the inmates that served as witnesses for the state.  Citing their criminal history of drug trafficking and murder, attorneys concluded the inmate witness’ testimony should be discounted for those reasons in addition to personal gain in exchange for testifying. 

Attorney David Finn

Attorney David Finn representing José Treviño Morales, made the point that the timing of the money laundering investigation should be noted.

"The horse, zeta money laundering conspiracy investigation was a politically motivated, the timing of the indictment coming three months before the American presidential election and a month before the Mexican presidential election....in the US everyone was in an uproar about Fast and Furious, Eric Holder and the shooting of Agent Zapata.. Mexico's problem is corruption."

Chivis: Finn surely hit the head on the nail in that last statement, it is one I often articulate, and strongly have confidence in.  Cartels are the byproduct of corruption, but it’s the corruption that permeates every social, judicial and political system in Mexico and the basis for their inability to solve serious issues.  

Corruption has allowed crime to thrive and expand into an uncontrollable entity.  However, Mexico has an even greater issue, as corruption is an accepted way of life, embedded in the mindset of its citizens.

 This is not saying that organized crime groups are not to be held responsible for their actions, it is simply making a statement that Mexican society, its people, must change their standards and demand integrity in their social structure the greatest difference between a fully developed nation and one that is struggling to develop is a strong system of law and order. 

 In Mexico, there is a system that is so weak, and corrupt, society is fearful to call for assistance, for bad guys wear uniforms intended for good guys. [Chivis stepping off her soapbox].

While addressing his client Finn argues that the state, "Can't get the big guns, [so they] get the clean brother"

He continues, the prosecution is counting on bad math to convict these guys 0+0+0+0 =0 and the state spoke about “40” [José’s brother Miguel Treviño] to bolster the case.

"They talked about "40" because they didn't have a case”

He tells jurors about José being harassed for years because of his brothers,

"The government has been all over José for years now, [Being] searched at the border, his house in Texas, his car in Oklahoma, and later the raid at the ranch."

"They searched and came up with zero", "150 boxes and this is all you got?"

"They brought “40” into it because they didn't have a case. 

Finn reminds jurors;

"The burden of the proof is on the government beyond a reasonable doubt.  Did they proof guilt beyond a reasonable doubt?"

0+0+0=0

 Bringing it home Finn tells the jury;

If you hesitated to judge him guilty, that is enough to say, “not guilty"

 Attorney Christie Williams: Representing José Treviño

Williams recaps in her argument; "The government didn't prove its case and it is my job to point that out.”

"The government didn't do their job and the government is trying to make you believe it did [have a case] because José has the Treviño name."

She prompted jurors the prosecutors looked at all the evidence but couldn't get a wiretap on her client, so they assembled 60 witnesses and still can't prove that Jose Trevino knowingly agreed to participate and conceal drug money.

“Prosecution only saw what they were looking for”, said Williams, “They didn't have evidence before the indictment."

"The prosecution wants us to think Treviño's were broke and they got a hold of some social security report. But why didn't they [use information] from tax filings?"  

"It is really important to the case, to note that the business was started with clean money from the $25,000 to buy Tempting Dash. If the $25,000 is clean, then the winnings from the race are clean and the IRS didn't order tax records."

She continues, that it would have been easy for the Treviño’s to put aside cash and she did the math showing it wouldn't be that hard. 

"It isn't my job to go with my calculator and their records and show how possible it is by putting $200 a week- you don't want to see me get my calculator out again."

2006 -$7,700

2007 -$7,700

2008 - $7,700

Williams further contends that the Treviño’s would never have bought Tempting Dash for $25,000, "a horse with borne virus and a bone chip on the ankle but Jose knew and he wanted to start a business."

“So we see Jose buy the horse, win a race, hire a book keeper, do tax returns.. He is honest and hardworking.  He could have sold Tempting Dash at any time for 3 million, he didn't do that, he wanted to build a business.”

[Problem alert, explain Gordo’s ownership, while Tempting won the big race, why would he willingly sell a horse earning over 1.4M?]

“There is nothing wrong to start a business, want to breed babies of winning horses in Texas and Oklahoma.”

"Guerra knew Villareal for 25 years.  Treviño bought from Villareal.  Guerra didn't suspect anything was off until he realized Villareal had too many horses under Fast and Furious. Guerra wasn't dishonest....They've done everything to make it look like José is dishonest, Searching his house at 7 AM, at the border, his car but they didn't find anything.”

Williams goes on to say the government was busting everything around José but his life didn't change because he didn't need to change, he wasn't doing anything wrong just trying to run his horse breeding racing  business.

"After the raid at Los Alamitos, he didn't change a thing."  "What did they find?”

“Zero."

“He still had the same old flip phone."

“They found he has lived here since he was 15, and worked hard.  Why would he suddenly abandon his life, to become tangled with the legacy of the Zetas?”

The Zetas, and they are really terrible, will make a case.  But my client only shares the same last name, he is not a Zeta."

 "No evidence of communication between Jose and 40 or 42, or phone calls or emails.  They have Zero!"

 "That is why you should write Not Guilty under [the name of] Jose Treviño", Williams concludes.

Mike DeGeurin attorney for Francisco Colorado Cessa

Cessa’s attorney [at left] thanks the jury and talks about the U.S justice system, "not perfect but the best in the world... the jury system concept is a protector of the accused when a jury is doing their job looking at the evidence"

“Colorado Cessa grew up in Tuxpan, Veracruz and has a environment remediation business. He is a very successful business man. 70-90 million Witness Barerra from UBS one of Cessa's financial advisors was not aware of his clients interest in quarter horse and didn't know any of Cessa's money came from or went to horses.”

“And the government alleges a conspiracy to launder drug money.

“Ramiro Villareal a horse purchaser. And he had done it for a very long time. He was pretty good at it. Somewhere between 2008 and 2011 he met 40 and 42.”

"Colorado Cessa's son Antonio said he met 40 while working for Villareal learning cattle from him and didn't realize 40 was anything other than a rich guy." continues next page........

"Rene Amarillas was the federal agent that asked Villareal to cooperate and recorded calls," But the agent didn't know if Carlitos was Carlos Nayen or Commander Carlitos and didn't know if Poncho Cuellar was Pancho Colorado. [this reasoning may have derived when he was cross examining Alfonso Cuellar and learned the difference between between Poncho and Pancho and later in the same testimony the difference of; Carlitos and Commander Carlitos.]

“Carlos Nayen was a wiz at selecting the best horses. Blues Perry was a magnificent horse. The three top horses in Mexico were owned by Colorado Cessa because Nayen chose them. He was a great picker.”

At Nayen's wedding Colorado Cessa was a witness.

"Carlos invited Del Rayo Mora to his wedding and lent him money. Del Mora was a friend of Nayen's father- in- law to be...Alfonso Del Rayo Mora goes to write a check for horses that weren't his...he looked beat up said it was from a golfing accident. Carlos Nayen had a dark side.”

He shows an exhibit of companies Carmina, Desiree and Princess, Bonanza. Carlos Nayen was Cessa's purchasing agent was moving and shaking the money and if any crimes were committed it was probably him.

Cessa continued paying for horses. He wasn't at the Mr. Piloto race so he wasn’t in the winners circle along with everyone else.

Quick loan money manager Jaff said around November 2011, something change. Cessa needed money quickly, seemed agitated and disheveled. Had Carlitos gotten to close to the Zetas? Carlitos went to the US"

Then DeGuerin addressed the government witnesses

"Cuellar couldn't even pick out Colorado Cessa in the court room because he never met him.

“And "Mamito" that killer, with dark eyes that turn grey as you talk to him, who admitted he tortured people you can't trust people like him. And Carlos Hinajosa said he was a prosecutor, (said he was a lawyer working in the prosecutor’s office.) He wasn't, he was a Zeta accountant.”

Hinjajosa said Cessa got money for equipment but it was outside the indictment. So don't trust Hinajosa. he said that 6 million were taken off the books. Don't believe these allegations.

Hinajosa said he provided a thumb drive from a computer to the the authorities. FBI didn't bring it into evidence.

Then DeGeurin went on to sing the praises of Cessa’s ADT Petrolservicios.

"Sure money went out and horses were bought that ended up in names different from Francisco Colorado Cessa. But you have to prove the funds used to buy the horses, were funds knowingly provided by Cessa with the intended objective of being used to launder money that were from the proceeds of drugs.”

Guy Womack attorney for Fernando Solis Garcia

Starts out talking about To Kill a Mockingbird and Atticus Finch.

“All exhibits are the evidence that you'll use to make a decision of innocence or guilt. You swore before God, you will do that.”

He compares a government investigation to that of a train going down a track. The theory being going towards a destination and the plan they take to get there. They load up the evidence. Once you are locked onto the rail, you can't divert very much.

‘The government started with five defendants that didn't want to plea bargain. They wanted to clear their name.  continued on next page

He continued, “When the government is involved in a big investigation they use witnesses they have promised immunity. So the jury always have to take that testimony with caution. If I tortured people, I wouldn't hesitate to lie if it helped to reduce my sentence.”

“It doesn't affect my client, Fernando Solis Garcia because no one said Fernando did anything wrong.”

Cuellar said los Zetas would use big businessmen. “Fernando isn't a big businessman. The Zetas killed Villareal because he knew too much and were afraid he would testify. Fernando never testified. Cuellar didn't know Fernando or Colorado and we saw the Mr. Piloto race that Cuellar said that he helped fix the race. We saw the race here and know that isn't true.”

“The truth is that on September 6, 2010 Mr. Piloto won the American Futurity, the only big race he won. The truth is Mr. Piloto is worth more as a stud because of his good genetics.”Mamito was Z-7, in Mexico they caught him and extradited him for killing Jaime Zapata. The prosecution told him that was totally unfounded.

In this trial, only the reliable witnesses knew Fernando Solis Garcia.

If you are trying to make it in the horse business, like Jose Trevino was, you would want Fernando Solis Garcia to find you horses. You would want Fernando Solis Garcia to be your agent. You would want Fernando Solis Garcia to train your horse.

In 2010 Fernando Garcia met Jose Trevino in 2010 over Mr. Piloto. He trained him in New Mexico near Riodoso beginning in July.

I trust this decision to the jury

Richard Esper Attorney for Chevo Huitron

“The jury is a living working reality, I boil it down to two words: Legal Principal, the right to remain silent and conspiracy, the knowing unlawful agreement to intentionally agree to commit a crime-knowing dirty funds are going to be used.”

“Jury judges the credibility of witnesses. You can believe their testimony or not. I put them into three groups.’

1st- The dark cloud group

Sinister witnesses: Cuellar, Guadalajara, Mata, Moreno flooded the country with drugs, ruined so many lives. They did it just to put money in their pockets. They just don't care about anyone but themselves. Don't be fooled. It is all about them and only about themselves. They do not care about the lives they are destroying because they are drug dealers. They camouflage their lives.

2nd group - Nayen and Villareal-they know who to look to get the job done whether it is trainers, jockeys, breeders. They know Chevo, and Fernando because they are people within the group that know horses and can help get things done. Villareal and Nayen knew the people to dupe.

3rd group - The people they dupe

Fernando and Guerrawho didn't pick it up for the last moment, Chevo who was concerned about Villareal and Barradas and asked Tyler if he had heard and Tyler asking him if he was slow to be paid.

Tyler Graham who said he didn't do anything wrong because he didn't know about any cocaine distribution

For the Huitrons one little box was taken out of the house. They consented to the search. So what could they be hiding?

Espy says Chevo wasn't aware because of the buffers, those that work at disguising and camouflaging the crimes. There is no evidence that says Chevo was aware. Reasonable doubt. The evidence will make you hesitate

That is reasonable doubt.

All this man has done is work hard. Send him back to his family

Brent Mayr for Jesus Huitron
      Jesus leaves court after acquittal

Mayr told the jury  the trial lasted 13 days -4,680 minutes

Prosecutor Gardner spent 20 seconds on Jesus Huitron, the reason being; there is no evidence. Jesse Huitron is a money launderer. He is committed to building lives not destroying lives. There is no evidence.

None of the witnesses have anything to say about the Jesus Huitron. Some have never even heard of him.

Tyler Graham just said he knew he built homes. There are no calls between him and Tyler Graham.The evidence doesn't exist that he is a money launderer.

Agents give theory of structuring deposits. He thinks there is evidence that Victor Lopez may have deposited money.

Training that many horses as they did will give you a much bigger income than if you train fewer.

Evidence shows that money isn't used to buy fancy cars. Their lives are simple.

Jesse is a home builder he wasn't aware of the source of transactions and what was the objective was for the future.

My client has no knowledge of where the money came from and didn't knowingly enter into a conspiratorial relationship to launder money across borders.

Prosecutor Douglas Gardner [at left]

Overt actions, emails, all speak that the defendants knowingly participated in conspiracy.

Studying snipets of this paper trail will show these men used the quarter horse industry to launder money from drug smuggling.

About Jose Treviño's daughter Alejandra's wedding. No estimates, no quotes from the Banda del  Recodo. It is 40's favorite band. That was his wedding present

No money or agreements or breeding contract for the transferring of 35 horses from Fernando to Zule Farms.

A Mexican Blackberry was found in Jose Treviño's drawer. It contained two numbers. So that discounts the idea that Jose has had the same telephone for many years

There is the taped conversation talking about putting horses in the clean guys name because 40 doesn't want them in his name.

The death of Fly First Down; insurance death payment netted $350,00 of clean money

Colorado Cessa spent 10 million on 121 horse that financiers at UBS weren't aware of.

He was in Houston, allegedly because of security reasons but he was still buying horses. Six months earlier he was buying horses but there is no evidence of those horses.

Nayen bought 23 horses

And Fernando Solis Garcia spent 6 hours in 2008 depositing payments in 9 separate banks. In an email to Fernandl after the Los Alamitos to Fernando Garcia saying “toss cell and Facebook.”, What reputable business person does that?

The Huitrons shared a bank account received small deposits avoiding the CTR, then recycled the money to the other conspirators

Prosecution say all the Huitrons know where the cash comes from. Victor Lopez had all Huitron social security numbers and birth date information.

Huitron racing emails and all the co-conspirators use the email address Anri2391@hotmail.com.

These overt acts are snap shots in time. Pictures are worth 1000 words 2008 to June 12, 2012

He exhibited the photo of the winner circle of 2009 Tempting Dash "Dash for Cash" with Jose Treviño.

If you missed "Week 1" link here for "Week 2" link here for week 3 link here