El Chapo Trial: Judge limits cross examination of El Rey by defense-for his "Safety"

Chivis Martinez Borderland Beat

Reporters from NYT, NY Post and NY Daily News filed and objection with Judge Cogan, requesting access to a letter with redaction filed by prosecutors who seek to limit cross-examination of CW1 or “El Rey Zambada who just finished direct questioning yesterday.   Citing law and constitution, and the lack of court conclusion on record that would warrant the sealing of the document number 451, which is under seal from yesterday.

Supposedly there are concerns of EL Rey’s safety, yes,  prosecutors want to limit the cross examination for El Rey’s safety, reporters say is unfounded, as his identity is well known.

As part of his plea deal the government brought the family of El Rey to the United States for “their safety”.

In his ruling Cogan stated his concerns individuals and entities who are not parties to the case and who would face "embarrassment and harassment".  Therefore he is limiting evidence surrounding El Rey’s testimony. 

Ruling:

Judge Cogan grants the request of prosecutors to limit scope of cross examination.  Defense wanted to question El Rey about “arson”, threats and a bribe of a government official. 

This line of questioning Cogan acknowledges is to impeach the testimony and truthfulness of the witness.  But, Cogan adds that the prosecution concedes the defense has a wealth of bad acts to levy against the witness.  Including 8 murder conspiracies. Further ruling, “Even quintessential evidence is immaterial if there is worse impeachment evidence.’

Cogan also stated there were numerous other “bribes” and seems to concentrate on one particular bribe he wants off limits as being “potentially inflammatory.”

Also in the ruling is a particular reference to the witnesses “Unorthodox interest” [unusual beliefs or interests] being off limits, which he states may be “eccentric” but is not probative of character. It appears to be religion or something similar.

The defense wanted to use his beliefs as proof of mental illness.

Also off limits is the lack of vigor the Mexican government used to capture El Rey.  Defense wanted to use that as an example of El Reys ties to top level officials.

The Court issues the attached public version of its October 30, 2018 order with limited

redactions based on the following findings:

1. The redacted information could lead to the identification of the Government’scooperating and law enforcement witnesses because the redacted information issufficiently specific to reveal the witnesses’ identities to anyone who knows about theredacted facts. 2. These redactions only cover information that might lead to an actual identification ofthe witnesses; information that might lead to mere “speculation” about the witnesses’identities is not redacted. 3. Some of information about witnesses’ prior acts is redacted because of a risk thatothers might retaliate against the witnesses if the others about them. 4. The redacted information is unrelated to defendant’s guilt or innocence or thewitnesses’ veracity.5. As for the law enforcement witnesses identified on pages 7 and 8 of the order (whosenames are currently redacted), the Government is ordered to show cause within twodays after those officers testify why their names cannot be made public.

Notably, In recent filings there are two police agents who are very concerned about their identity being made public.  Neither is now in the same line of work.  In fact they state their friends, neighbors etc no nothing of their prior life. Most likely that is who is referenced above.

Below both documents from today are posted.  For a large copy click on the top hyperlink of the document.

   El Chapo Trial From NYT and Additional Press Outlets Regaring Redacted Material With Repsect to El Rey by Chivis Martinez on Scribd

   El Chapo Trial Judge Ruling on Redacted Material and Questioning of El Rey by Chivis Martinez on Scribd