El Chapo Trial: Gov wants to block agents testimony against Jorge Cifuentes truthfulness

Chivis Martinez Borderland Beat

Judge Cogan unsealed a government motion  that is very interesting.  You can read the document below in my Scribd Doc.

In the filing the government seeks to preclude evidence of cooperative witness Jorge Cifuentes, blocking previous statements to law enforcement agents.  Essentially because it proves that he is a deceiver.

From the filing:

“All of these statements that the defense seeks to elicit are purely collateral to Cifuentes-Villa’s testimony, and are, therefore, inadmissible…”

The filing was the first topic of conversation this am.

In the filing [read in full below] the government is concerned about the defense calling agents to the stand to support the fact that Jorge told them multiple statements that were lies, this is to impeach the witness. 

From the filing: Although this motion concerns law enforcement agents who the defendant has indicated he may call at trial in relation to the testimony of Jorge Cifuentes-Villa, the government reserves the right to raise similar objections should the defense seek to call additional law enforcement witnesses in an attempt to impeach other government witnesses  based on collateral matter.

False identification documents and then lied about the use of such documents, Tr. at 2998 (Dec. 12, 2018), and that he used his left hand instead of his right to provide a writing sample to authorities in a successful effort to avoid prosecution, Tr. at 3021 (Dec. 13, 2018)

The filing then goes on to list some of the statements in question.  [read in motion below]

The defense now indicated that they  intend to call some of the law enforcement officers involved in drafting the reports for this case.

On January 21, 2019, counsel for the defendant proposed stipulations to the government to the effect that the law enforcement witnesses who drafted the investigative reports in which Cifuentes-Villa made these statements would, if called to testify, testify that Cifuentes did in fact make the false statements.

What does this mean?

"false in one thing, false in everything." The premise that when a witness lies about one thing then a jury can impeach his entire testimony.  Although that principle is largely rejected, a pattern of lies could go to a full impeachment of his/her testimony.

The other Cifuentes—Alex the EPN bribe and DEA corruption

Notable: Judge Cogan noted that the gov did not offer evidence of the EPN bribe and  may not even believe Cifuentes,  their own cooperative witness Alex Cifuentes, who said Chapo paid $100 million to Pena Nieto.

Cogan noted that Alex was only “told” about the bribe by Chapo.  When Cogan suggested maybe the government believes Chapo was not being totally candid, defense attorney Lichtman replied;  “Or maybe they're desperately trying to protect the Mexican government.

Cogan agreed that may be a possibility, but he pointed out he was still wondering how the entire line of questioning even factored in the guilt or innocence of the defendant.

This puts the government in a position of using a witnesses that even they may not believe.

Witnesses that could have been done without and still having a mountain of evidence remaining to convict.

Also below is reply from defense to a motion filed by the government to block defense about DEA corruption. The reply provides additional details as to what transpired.  I know many of your followers have been asking about this.

Government motion to block evidence against Jorge Cifuentes truthfulness below

   Chapo Case Gov Wants Evidence of Cifuentes Lies Kept Out by Chivis Martinez on Scribd

Defense reply regarding gov motion to block questioning abut DEA corruption

El Chapo trial Litchman Rep... by on Scribd