Gov has "Chapo Letter" sealed, "He may secretly pass messages"

by Chivis Martinez for Borderland Beat

                              With a mountain of evidence, why are prosecutors                               blocking Chapo's right to a fair trial?

Chapo Letter    

On Thursday I posted a statement written by Joaquin “El Chapo” Guzmán.  On that same day, Chapo asked permission to address the court, so that he may   read his prepared statement.  The statement consisted of listing his conditions of confinement, his health and his inability to defend himself against the charges filed against him.

Clearly, Judge Cogan and the prosecution team were taking off guard.  Judge Cogan cautiously asked attorney Eduardo Balarezo, to put in context what his client wanted to address.  

Balarezo told the court that his client wanted to address “Special Administrative Measure” or SAMs, which he says is barring his ability to defend himself.  Further, that he wants his family to pay his attorneys.

Supposedly, his family has not paid attorneys because they want to “hear it from the horse’s mouth”. 

He also was overheard saying to his translator, “Tell him I am sick”.  Chapo is prohibited from  communicating  with anyone; not his family, the press, or his attorney privately.

Although Judge Cogan was taken by surprise, he initially seemed to be considering allowing Chapo to speak; Cogan asked questions and had a side bar to confer.  After the sidebar conference, Cogan allowed bother the defense and prosecution to explain in open court the situation.

Prosecutors objected to Chapo addressing the court, on grounds that he may use the opportunity “to pass messages to the media or others”.

Chapo wants his attorney to be paid

When it was Balarezo’s turn to speak he said that Chapo wants his family to pay his attorney.  That he is going to trial and will not be cooperating with the government [no deal].

This may have derived from reports in Mexican Media last week reporting that Chapo’s family did not want to pay his attorney.  Anonymous sources claimed the family wasn’t sure it was what Chapo wanted and the case was impossible to win.  So perhaps it was best not to squander the family money. One of those articles was in El Universal a leading news source in Mexico.

Chapo has no source to utilize, not even his attorney, to get a message to his family.  In turn, they have no way to determine what his wishes are.  His sister was allowed a short visit months ago to speak about business.   Directly after, her visa was evoked.

Ultimately, Cogan ruled against Chapo and he wasn’t allowed to speak.

After court

On Friday the following day, Balarezo filed Chapo’s letter on public docket. 

At 4:02pm, the government filed a motion to seal Mr. Guzman’s statement that was filed publicly yesterday. The government claims that the filing was violation of the SAMs.

At 4:41pm, before Chapo’s defense could respond, the Court granted the government’s motion.

The Court said:

ORDER granting [195] Motion to Seal Document as to Joaquin Archivaldo Guzman Loera. The public filing of defendant's letter prior to Government review was in plain violation of the Special Administrative Measures, which were reauthorized on February 1, 2018. Provision 3(g) of those measures requires non-legal mail from the defendant, which includes letters to the Court, to be analyzed and approved by the Government prior to being forwarded to the addressee. The Court grants the Government's motion to seal the letter for one week to allow the Government to conduct the analysis described in the Special Administrative Measures. Defendant is cautioned to comply with the Special Administrative Measures going forward. Ordered by Judge Brian M. Cogan on 2/16/2018.

Chapo’s defense filed an opposition/motion to reconsider. 

From U.S. attorneys on February 16, 2018

Dear Judge Cogan:
The government respectfully moves to seal Exhibit 1 to defense counsel’s February 15, 2018 letter, which defense counsel filed on the public docket on February 16, 2018. (Dkt. # 194, pp. 2 through 6). Exhibit 1 is described as the “Text of Joaquin Guzman Loera’s statement to Judge Cogan” and includes both the original Spanish text and the English translation of the defendant’s letter to the Court, which is signed by the defendant. Defense counsel’s publication of the defendant’s letter is in violation of Section 3(g) of the Special Administrative Measures (“SAMs”), reauthorized by the Department of Justice on February 1, 2018. Specifically, SAMs Section 3(g), “Non-legal mail” requires any correspondence from the defendant, including “to/from U.S. courts,” to be analyzed and approved by the government prior to delivery to the addressee. 
Defense counsel failed to provide Exhibit 1 to the government for analysis and approval prior to filing the letter with the Court on the public docket in violation of the SAMs. Therefore, the government respectfully moves to seal Exhibit 1 to allow the government one week to follow the appropriate SAMs procedures.1 The government will file a report promptly thereafter to adv To the extent defense counsel claims that he published the defendant’s letter at the Court’s request, the Court should dismiss such a claim as without merit. At the February 15, 2018 status conference, the Court directed defense counsel to provide notice to the Court, summarizing issues the defendant may want to raise with the Court at the next status conference. The Court, however, did not direct defense counsel to publish a signed letter from the defendant to the Court without prior analysis and approval by the government, in clear violation of the SAMs.2ise the Court if the letter should remain under seal.
 

Defense files in opposition:

   El Chapo letter- Opposition to Gov Motion to Seal by Chivis Martinez on Scribd