The grievance of "Don Neto"

Translated by Otis B Fly-Wheel for Borderland Beat from a Zetatijuana article

[ Subject Matter: Ernesto Rafael Fonseca Carrillos
Recommendation: No prior subject matter knowledge required]

The Federal Judge who granted the degree of confinement to the legendary drug trafficker, requested new tests to be carried out to make sure that the home that will house Ernesto Fonseca Carrillo did not facilitate his evasion from justice. Carrillo thinks that his rights have been violent to prolong his imprisonment in an "unjustified" form. The defence team of the capo claims there is talk of Police or Army monitoring devices to oversee his client, while the Law signals that he will remain at the disposition of the authorities of Social Reinsertion.

Ernesto Raphael Fonseca Carrillo "Don Neto"

Reporter: Zeta investigations
They told him yes, but they haven't told him when. The narco trafficker Ernesto Raphael Fonseca Carrillo continues observing the passing of days, of the months and the years of a maximum security prison in Jalisco. This past April they considered the media of confinement, in substitution for the shame of prison, but the capo remains in prison.

Time passes and "Don Neto" Fonesca loses hope. His defense team have pointed out a home to continue the sentences that were imposed upon him, also they have been asked to conduct tests to prove that the proposed place complies with the requirements of the Law.




However the Judge in the cause, who knows the benefits afforded to the Sinaloan capo in compliance as ordered in a direct amparo - the conclusions expressed by the defense experts on the security of the property, are not sufficient for the Judge, and he asked them to expand their tests or start a new one.

The Judge requested among other things that " it is determined if the property has roads, visible or hidden ( tunnels ) with other properties or properties different from the proposal".

Also the Judicial Authority wish to know "if said property is located close to large open spaces that allow the landing of aircraft, as well as knowing that anyone entering the property cannot do so with illegal items".

The Judge justified his demands, for the need to know that the farm to host Fonseca Carrillo can count on special measures, " to the effect of safeguarding the lives and security of the confined and the people who are responsible for monitoring the confinement".

He does not want vigilance

The dictated Judicial degree in the case has nothing good for "Don Neto" or his Lawyers. More even than still not having an official expert, for which the release, an agent of the PGR has already appointed an inspector who shall accept and protest the charge conferred and shall deliver his opinion on the requested data, to verify if the proposed home complies with the requirements.

Ernesto Rafael tried unsuccessfully to get the Judge to revoke his own decision, but his appeal was rejected, prolonging the wait for the man who is more than 85 years old and was sentenced to 40 years in prison, of which, 30 years were served in the North of Federal District, Cefereso's 1, prisons 7-2 in the State of Durango and Jalisco.

A victim of his circumstances and of the legal procedures that the case merits, Fonseca - uncle, friend and ex acquaintance  of the trafficker Rafael Caro Quintero - decided to promote an amparo

against the management of the benefit that has been given to him as a precautionary measure that still has not been materialized.

In the Judgement of the Sixth District of Amparo in Penal matters in the State of Jalisco, began the trial of fundamental rights promoted by "Don Neto", who designated the Fourth District Judge of Federal Criminal Processes in Jalisco as responsible for prolongation of his current incarceration.

Other Authorities related to alleged acts in violation of the rights of the defendant, referred to by this amparo, are the General Director of Execution of Judgements, the Director of Cefereso no.2 West and the First District Judge in Execution of Sentences with residence in Mexico City.

In his protest, the octogenarian desires that the procedure of execution of sentence in the modality of confinement happens soon " because already I cannot continue living in a maximum security prison, but that he should be in a house with his family members, in virtue of his 85 years of age, and his precarious state of health", as signalled in his grievance.

The litigants emphasize that the character of the precautionary measures of committal observation that will be exercised on the defendant, will be " observing and guiding their conduct by specialized staff of the executing authority  with a view to the social rehabilitation of the offender, as required by Article 18 of the Constitution and the protection of the community".

In exchange, they signalled that the Judge of the process " incorrectly asked for opinion in order to dictate his agreement to the administrative authorities, that since they certainly have no powers or duties in accordance with the criminal law to activate a police or military tracking device, because it is clear that article 50 of the Federal Penal Code, flatly prevents it.

The defense transcribed the explanatory statement of the legislator, that in this topic, talks about police surveillance and refers, however, to the body responsible for the execution of sentences and security measures.

Meanwhile Fonseca waits to be favored with the protection of federal justice in order to leave his regimen in the maximum security prison of Puente Grande, the inmate has already promoted a retrial of guarantees in the same Sixth Court of Amparo in criminal matters in Jalisco so that the judge declared the beginning of the procedure of execution of sentences.

The privation of Miguel Felix

Also the veteran narco trafficker of the extinct Guadalajara Cartel, Miguel Angel Felix Gallardo, has suffered two legals reverses in less than a month. 

Both reverses, in amparo actions, are related to his transfer from the Prison of Almoloya de Juarez "Altiplano", on January the 31st 2015, to Cefereso no.2 "Occidente".

For one part, the Unitary Court negated the amparo to "El Padrino", in order that he be changed to the Federal Prison of Puente Grande, to the preventative prison or the metropolitan prison. Jalisco authorities refused to receive him at any time.

The District Attorney of Social Reinsertion ( FIRES ) and the Decentralized Administration of Prevention and Social Rehabilitation (OADPRS), argued that the preventative centre boasts chronic overcrowding and also high profile inmates, while the brand new metropolitan prison lies unfinished in its construction.

Other adverse factors of interest to the internee is that none of the prison establishments mentioned have the necessary conditions to supply the medical attention that he requires, for his multiple chronic and degenerative conditions.

In the other resolution, the Collegiate Court in Penal Matters of the same State, confirmed the negation of the amparo of the capo against the revocation of the prison transfer from Mexico State to Jalisco, which could implicate a return to the cold walls of "Altiplano".

During November of 2014, when the prison transfer of Miguel Felix was authorized, he expressed at this hearing that " I begged the Judge  to move me to the preventative prison in the metropolitan area of Guadalajara, where my process is lodged.

"I have poor blood supply to the brain, here I cant even heal myself, I have tissue necrosis due to lack of oxygen due to the altitude, my process is in the court, I hoped to be transferred to cope with the process with the impartiality that is due".

His precarious state of health and the impending criminal cause in Jalisco motivated his transfer; however, the Public Ministry of the Federation appealed this Judicial decree in a Unitary Court to revoke the authorization of the change of prison.

The 69 year old man received a 40 year sentence dictated by a Judge of the 10th District of Federal Penal Processes in the Federal District for his responsibility for the commission of crimes of collection of firearms, with crimes against health.

In addition to other sentences, he still has pending the issue of final judgement against him for the kidnapping and death of the DEA agent, Enrique Camarena Salazar, and the Mexican Pilot Alfredo Zavala Avelar in 1985.

Original article in Spanish at Zetatijuana