Gov claims conspiracy murder against Sinaloa Cartel "threats", in El Chapo case

Chivis Martinez for Borderland Beat

List lack details, among those identified include “JL”, Ramon Arellano Felix, Juancho, “Informants” and “Members of Law Enforcement” 

The government claims Chapo conspired in the murder of his cousin. Above El Juancho and Guero Bastidas

On July 20^th, the United States prosecution team sent a letter to Eduardo Balarezo and William B. Purpura, the defense team for Joaquin El Chapo Guzmán. 

In the communication, the government provided a "bill of particulars" , supposedly specifying the murder victims and dates relating to count one, charging conspiracy to murder individuals whose posed a threat to the Sinaloa Cartel, although he is not charged with any violent acts himself.

The government goes on to state, “The government intends to prove the following murder conspiracies at trial.”

However, the government does not disclose the complete list of specific names of conspiracy victims, or any other information pertinent to the claims, citing “the disclosure would reveal the identity of cooperating witnesses”, which the government has yet to forward to the defense.

Obviously, a defense cannot be developed, or prepared for,  without information such as names, dates, what occurred, of the specific allegations.  

Says Balarezo:

“Under our Constitution, everyone has a right to due process and a fair trial — whether his name is John Smith or Joaquin Guzmán. The government’s actions in withholding evidence make a mockery of that right and deprive Joaquin of the ability to defend himself.”

On July 24^th, El Chapo’s defense team filed a motion:

[defense on behalf of Chapo] “respectfully moves this Court for an Order precluding the government from introducing at trial any evidence relating to Violation 85 of Count 1, or alternatively, for a continuance of trial and directing the government to immediately produce evidence relating to Violation 85.”

The communication goes on to list facts in support of the request.  You can read the letter in full below.

In part:

Mr. Guzmán is before this Court on a fourth superseding indictment filed on May 11, 2016, which charges him and codefendant Ismael Zambada Garcia with a laundry list of offenses, including operating a continuing criminal enterprise (Count 1); participating in a wideranging narcotic trafficking conspiracy (Counts 2, 3 and 4); eleven counts of specific acts of distribution of cocaine (Counts 5 through 15); use of a firearm during a drug trafficking crime (Count 16); and conspiracy to launder narcotics proceeds (Count 17).

Although the government has not charged Mr. Guzmán with any violent offenses, it alleges in Count 1 (CCE) that:

The defendants JOAQUIN ARCHIVALDO GUZMAN LOERA and ISMAEL ZAMIBADA GARCIA and other leaders of the Sinaloa Cartel also employed“sicarios,” or hitmen, who carried out hundreds of acts of violence, including murders, assaults, kidnappings, assassinations and acts of torture at the direction of the defendants.Indictment at ¶ 5. 

Judge Cogan: 

It appears Judge Cogan has issue with the government’s bill of particulars, and  said this yesterday:

The following transaction was entered on 7/25/2018 at 11:35 AM EDT and filed on 7/25/2018
Case Name:     USA v. Beltran-Leyva et alCase Number: 1:09-cr-00466-BMC-RLM  Docket Text:
ORDER re: [274] Motion to Exclude as to Joaquin Archivaldo Guzman Loera. The Government should strongly consider revising its bill of particulars for Violation 85 so that it more closely reflects its order of proof at trial. Ordered by Judge Brian M. Cogan on 7/25/2018. (Clarke, Melonie)

The government wanted 5 days to respond, the judge gave them 5 days.

The following what was provided by the government is the following, click on image to enlarge:

Read about Juancho, Chapo's cousin with this link

   El Chapo Case: motion to Compel or Reconsider Continuance v2 (3) by Chivis Martinez on Scribd