Pedro Flores says government reneged on sentence reduction promise in exchange for El Chapo testimony

Chivis Martinez Borderland Beat

“It is not surprising that the government makes informal promises to its witnesses and does not disclose these promises to the defense.  The justice system is corrupt enough when criminals like Pedro Flores get such low sentences in exchange for their testimony.  These side deal just make it worse." Eduardo Balarezo attorney.

Pedro Flores, twin brother of Margarito Flores, who together have made deals with the government for sentence leniency in exchange for testimony in high profile drug trafficking cases, says the government has reneged on a promise of further sentence reduction in exchange for testimony in the el Chapo case.

Pedro has filed with the court a pleading in which he says the government promised relief in exchanged for his testimony in the trial of El Chapo.  

Chapo was sentenced to life without plus 30 years and is incarcerated in Florence Colorado Supermax.

The pleading is asking for the same relief for his brother as the government acknowledged in the plea agreement the brothers would be treated as mutual.

From Exhibit ‘A’ read in full below in 662-1:

“were assured by Special Prosecutor AUSA Adam Fels, acting as co-counsel for the U.S. Department of Justice in connection with the El Chapo Guzman case, replied to the inquiry: “I feel you deserve to get out. I am going to make sure a sentence modification gets filed.” The statement from Assistance United States Attorney Adam Fels, reassured the defendant and led him to providing trial testimony, at great peril to his life and the lives of his family, in the trial of El Chapo Guzman. Where eventually El Chapo Guzman would be found guilty in party to the testimony defendant provided for the government’s case in the chief. After the conviction of El Chapo Guzman , sometime in April 2019, the Eastern District of New York informed the Northern District of Illinois of its intention of filing a Rule 35(b) Motion on behalf of the Flores brothers, for the substantial assistance provided in the prosecution of El Chapo Guzman. On May 24, 2019, counsel for both Pedro and Margarito Flores, had a meeting with the Untied Staes Attorney’s Office in the Northern District of Illinois, to discuss the Rule 35(b) Motion recommended by the Eastern District of New York. Counsel(s) were informed that it was the decision of the United States Attorney John Lausch of the Northern District of Illinois, that NO Rule 35(b) Motion was going to be filed on behalf of the Flores brothers, not withstanding the good faith and now legally binding agreement made to defendant and counsel from representatives of the U.S. Department of Justice, during the following his substantial assistance and cooperative efforts in the El Chapo Case.” 

For their part the government is standing on the ambiguity of certain terms and the fact that Pedro was asked in court if he was promised anything in exchange for his testimony to which he answered "no".

Government says:

“In this case, Flores testified truthfully at trial on direct examination that he was motivated to testify because he hoped to receive some sort of additional reduction of the remaining two years of his prison sentence but that no one had promised him that he would receive a reduction. As in Alston, his false allegation that the government had promised him Rule 35 motion cannot support a Brady claim because the allegation was made for the first time after the trial. Moreover, Flores’ credibility was thoroughly explored both on direct and cross-examination. The jury learned, among other things, that Flores was engaging in drug deals and arranging for the collection of drug debts even after he began cooperating with the government, that he had impregnated his wife while in DEA custody, and that he had lied to the federal government. Flores’ post-conviction false allegation of a promised Rule 35 motion this would provide only cumulative impeachment.”

The documents are loaded with interesting facts especially the governments filing of yesterday,  See all three docs below.

Click on hyperlink to read full sized documents on Scribd

   123115931937 pedro Flores el Chapo Trial by Chivis Martinez on Scribd

   123115931938 Pedro Flores El Chapo Trial by Chivis Martinez on Scribd

   Pedro Flores El Chapo Testimony and government promises 3-39 by Chivis Martinez on Scribd