3 - 0: NY Federal Judge Brian Cogan vs Genaro Garcia Luna; Bail Denied Third Time

Yaqui for Borderland Beat from: La Jornada / Sources

NY judge reaffirms denial of bail for Genaro García Luna:

The third appeal of the ruling denying bail Genaro Garcia Luna was rejected by a federal judge in Brooklyn, thereby leaving a former Secretary of Public Safety in jail in this city while proceeding the judicial proceedings against three crimes drug-related federal officials that could lead to a life sentence.

The arguments presented by the defense team of the former Secretary of Security in the presidential term of Felipe Calderón, also did not convince judge Brian Cogan.

In rejecting the third appeal on the ruling by a judge in late March denying bail, US District Judge Brian Cogan reaffirmed the arguments of the prosecution and the magistrate judge that Garcia Luna represents a "flight risk" unacceptable despite the proposed bail of  $ 2 million dollars and defense arguments that he remain in the country to face his trial.

“ The accused represents a serious risk of flight and has access to financial resources; the weight of the evidence against him is strong; and he lacks links to this community , " he wrote in his decision Judge Cogan issued the Sunday night, stressing that as Garcia Luna faces a prison term, perhaps perpetual, " there is a strong incentive to flee " if left on bail.

Cogan, the same judge who presided over the trial of Joaquín "El Chapo" Guzman Loera, added that the evidence against García Luna includes that of several "cooperating witnesses" including former high-ranking members of the Sinaloa cartel who will testify that Garcia Luna "accepted millions of  dollars in bribes in exchange for protection of drug trafficking. "

For all this, and for weaknesses in the bail package, Cogan affirms the magistrate's ruling denying bail. Furthermore, he also denied the request for the temporary release of the accused in the face of the public health crisis, finding that there is no evidence offered that he suffers from a chronic respiratory condition and that the facilities where he is detained have implemented measures to reduce the risk of infection. "The arrest warrant remains in effect," Cogan concluded.

Judge Brian Cogan , who was the one who sentenced Joaquín “El Chapo” Guzmán Loera to life, has not bought the argument that Genaro García Luna has previous conditions that put him at risk compared to COVID-19 . And so,  he has denied bail to him, who once was the powerful Secretary of Public Security of Felipe Calderón Hinojosa.

                                    Genaro Garcia Luna and former President Felipe Calderon

This is the third refusal to post the bail offered by the former Mexican official who will be brought to trial, accused of various crimes related to drug trafficking. The third time they say no. García Luna has wanted to use the pandemic in his favor to release him, but the two judges who have denied him bail have considered that he has enough contacts to escape to Mexico, where he could flee due to the number of "partners", that is a big flight risk. 

According to journalist Keegan Hamilton, Judge Cogan denied the bond request, considering that there is a risk of flight.

He also pointed out that the offer of a house with a value of $1.2 million dollars is not enough, since the US government plans to take it anyway.

At the same time, Judge Cogan stated that the Brooklyn jail has implemented measures to avoid exposing inmates and security personnel to possible COVID-19 infections.

Hamilton noted that at least three prisoners and 20 employees of the said prison have been diagnosed with COVId-19.

The negatives :

On February 28, a federal judge in Brooklyn denied bail to Genaro García Luna, who is accused of accepting tens of millions of dollars in bribes to protect the Sinaloa Cartel.

Magistrate Robert Levy said the $ 1 million bail that Garcia Luna proposed would not ensure that he would appear on charges that he conspired to traffic cocaine and made false statements. Prosecutors opposed the release of García Luna, arguing that, if released, he could easily return to Mexico or a country without an extradition treaty with the United States.

Federal Deputy District Attorney Michael Robotti said García Luna maintains a "network of corrupt former officials" that would help him "settle comfortably" in Mexico.

He added that the former official could spend the rest of his life in a US prison if he is convicted of providing protection for the drug gang and for drug lord Joaquín "El Chapo" Guzmán.

García Luna denies the accusations and says that his intention is to defend himself in a trial.

His lawyer, César de Castro, argued that García Luna would leave family and friends in financial ruin if he fled before the trial.