litigation update of Joaquin "El Chapo" Guzman

Chivis Martinez for Borderland Beat

A press release from Attorney Eduardo Balarezo, announces he now formally represents Joaquín “El Chapo" Guzmán.  

In the press release, Balarezo gives his first statement as Chapo’s attorney. 

Mr. Balarezo has represented many high profile defendants including Zhenli Ye Gon and more recently, Alfredo Beltran Leyva.

William Purpura the attorney in the John Gotti Jr case, will also represent Chapo.

In the statement, [see below] Mr. Balarezo  projects the trial will last apx 3-4 months

Other case news:

• Files for dismissal of indictment
• Chapo says U.S. prison is torture; that his treatment is the worse in the U.S.
• Still denied visits or phone calls from wife and family
• No contact counsel visits
• Accused of shipping 181 million grams of cocaine in U.S.
• Eduardo Balarezo and William Purpura are now  formally representing Guzmán

Chapo is “subjected to torture”

Each incarceration of Guzmán, has resulted in his and his family claims, that he was being confined under inhumane conditions.  Going further saying his life was in jeopardy because of the treatment.

His regard for his confinement at U.S. Federal Prison in Brooklyn New York is no different.  He has issued a barrage of complaints, during his tenure at the Manhattan Correctional Complex, including claiming he’s being held under “the worst, most restrictive conditions of any prisoner currently detained” in the entire United States.  His wife even contacted the Human Rights commission to request an investigation. 

All that said, his special confinement conditions, are very restrictive, whereby the government is using tactics rarely used, reserved mostly for terrorists.

Guzmán, has not been allowed to visit with his wife, via phone, in person, or any other means.He has had very limited visits with a couple of his family members, and that was allowed in order to determine the best course of action regarding representation.It is the position of the government that visits could lead to a security breech and flight risk, pointing to the two prison escapes Guzmán successfully made while incarcerated in Mexico.

Guzman was also denied contact counsel visits

It is the government’s position that contact visits are not constitutionally required and are a security risk. 

“The non-contact requirement imposed on Mr. Guzman by the BOP impermissibly burdens his Sixth Amendment rights to counsel and to participate in his defense, and his Fifth Amendment right to access to the courts.”

What is SAMS?-Special Administrative Measures, No contact attorney visits

In requests for Special Confinement Conditions, the U.S. Attorney General may direct the United States Bureau of Prisons to use "special administrative measures" regarding housing of inmates, along with correspondence and visiting restrictions to specific inmates. It includes prisoners awaiting to be, or being tried, as well as those convicted. These special restrictions are imposed when it is alleged there is a "substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons”. Measures are then used to prevent acts of violence or terrorism.

One can see why this provision is  controversial, as it allows communication monitoring of a prisoner and his attorney.

As of May 22, 2009, 44 out of 205,000 federal inmates were subject to SAMs, 29 incarcerated on terrorism-related charges, 11 on violent crime-related charges and four on espionage charges.  Well known individuals who have been under special administrative measures include American Taliban supporter John Walker Lindh and mob boss Frank Calabrese, Sr. and Dzhokhar Tsarnaev, Boston Marathon bomber,  who was never granted permission to speak privately with  his attorneys.

Dismissal of indictment-Defendant’s argument

Rule of Specialty is a principle of International law, where a person who is extradited to a country to stand trial for certain criminal offenses may be tried only for those offenses and not for any other pre-extradition offenses.

Guzmán intends to file a motion to dismiss the indictment. His argument is that the prosecution in this district violates the Rule of Specialty under the extradition treaty between the U.S. and Mexico.

Guzmán has requested certain extradition-related documents integral to his intended motion. Specifically, he requests an unredacted (unedited) waiver of the Rule of Specialty from the Mexican Government, and all related documentation including communications between the two government, all superseding indictments, and grand jury transcripts, plus any and all assurances by the U.S. or requested by Mexico.  Guzmán had requested the documents “several times” without compliance.  He now has moved to compel the production of the documents, which the government opposes.

The defendants briefing reply for dismissal is due on September 14.

Read statement below

  Eduardo Balarezo. Atty for Joaquin El Chapo Guzman  Press Release by Chivis Martinez on Scribd

  chapo guzman case 20170903 Notice of Appearance (1) by Chivis Martinez on Scribd