El Chapo Trial: Vincente Zambada Niebla rulings-He is now on the witness stand

Chivis Martinez Borderland Beat

"Fly on the Wall: Odds and ends from El Chapo trial

As I predicted, it is Vincente Zambada Niebla [VZN] is the next CW to testify. Courtroom observers say VZN and El Chapo exchanged nods of recognition and smiles when seeing each other for the first spotting one another.    

I had posted a teaser a few days ago.

Judge Cogan has carefully guarded VZN in his rulings, so much so it has raised the eyebrows in courtroom observers.  However, some critical rulings would appear to fortify appeal filings.

Off limits or severally limiting cross examination, is the format presented so far.

First is the nixing of VZN claim that the U.S. DEA cut a deal with Sinaloa Cartel to allow them to operate untouched in exchange for information on other cartels.  VZN submitted court filings on this manner, which is something the U.S. adamantly denies ever happened.

Then there is the matter of “Fast and Furious”.

The U.S. government used "stimulus" money to fund Project Gunrunner/Fast and Furious, which allowed known criminals to purchase guns in an effort to gain the intelligence on the cartels.

Sinaloa Cartel was a prominent figure in the operation as many of the weapons ultimately landed in the hands of the cartel.  Multiple seizures mixed the weapons with the Sinaloa Cartel.

The prosecutors wanted a ban of any line of questioning with respect to Fast and Furious, this appears outrages since they are planning to enter into evidence weapons that have been identified as those used in the Fast and Furious operation.

Naturally, defense attorneys want to question VZN on the subject, but judge Cogan, who at first look was iffy about the issue, now has slammed shut the door to that line of cross examination. Saying “It would be confusing.”

Another check mark for the appeal of El Chapo…IMO

Click on image to enlarge

Judge Cogan also has barred any questioning regarding alleged corruption and payoff of Mexican political leaders such as the past presidents.

The government shutdown and the El Chapo Trial

The government shut down has yet to affect the trial.  And the daily expense is record shattering.

Reported by CourthouseNews,  because of collected fees and other sources, the Federal Court system is business as usual.   

“For government lawyers and the U.S. marshals securing the high-profile Brooklyn trial, however, continued proceedings have meant that they must work without pay until the court’s funds runs out on Jan. 11. The U.S. Marshals Service has had a heavy presence in and around the Guzman courtroom for nearly two months now. While typically dedicating three from their ranks to guarding the slippery defendant during testimony — Guzman twice escaped high-security prisons in Mexico before his extradition — U.S. marshals also personally transport the trial’s 12 anonymous jurors and four alternates to and from the courthouse.

Deputy U.S. marshals also handle the Explosive Detection Dogs Unit assigned to the courthouse for the case. 

Drew Wade, a spokesman for the service, sent some context Wednesday for news reports suggesting that the shutdown has required 3,600 deputy U.S. marshals to work without pay. 

“While all U.S. Marshals Service employees are critical, only excepted staff like deputy U.S. marshals are authorized and required to conduct official business during a government shutdown,” Wade said in an email. Should the federal courts exhaust their funding reserves, Wade assured that “U.S. marshals will continue to protect the court family and other protectees.”

If that does happen, people like Judge Cogan will continue to be paid, others like the jurors will not.

Courtroom gossip reported by Mica: VZN looks just like his arrest photo- “looking like a million bucks” 

Usually court is not in session on Fridays, this week is an exception.