Rosalinda González, Wife of El Mencho, Will Stay In Prison Until Trial, Judge Decides

The following is a direct translation of an article originally written by journalist Rubén Mosso for Milenio newspaper that was published on January 17, 2022.

A Federal Court ruled that Rosalinda González Valencia, wife of Nemesio Oseguera Cervantes, El Mencho, leader of the Jalisco Cartel - New Generation (CJNG), must continue to stay in custody in prison in order to face criminal proceedings for the alleged crime of operating with resources of illicit origin. 

It will continue so that she does not evade justice and also does not delay the investigation being carried out by the Attorney General's Office (FGR). The magistrate who heard the appeal ratified the original resolution issued by a control judge last November, who imposed the precautionary measure of justified pre-trial detention. 

The head of the Federal Court stated that prior to being remanded into custody, Rosalinda Gonzalez "had various precautionary measures in place (the posting of a financial guarantee, periodic appearance before the court and prohibition to leave the country without authorization), which gave her the opportunity to face her trial while still enjoying her personal freedom". 

In spite of this, he added, El Mencho's wife "unjustifiably disregarded the subpoenas and mandates that the investigating and jurisdictional authorities gave her in accordance with the law, thus causing the delay (three years) of the investigation". 

The judge also expressed that, as the control judge pointed out, the existence of health problems "does not constitute an obstacle" which prevents Rosalinda Gonzalez from the precautionary measure of keeping her in prison. Nor, he added, was it necessary to obtain her medical file before deciding on the allowed precautionary measures. 

"The original judge clearly stated in the decision letter which was sent to the prison authority, that he was ordered to diagnose the health of the accused in order to provide her with the medical treatment she required," he emphasized.

The defense of Rosalinda Gonzalez argued that, although her client "failed to comply with the obligation to periodically appear before the court to sign the corresponding book", it did not merit the imposition of the "most restrictive" measure, since preventive detention should only be used when "all" other measures are inadequate. 

However, the magistrate pointed out that it is legal that the control judge, in order to avoid the continued delay of the proceedings and avoid the possible abduction of the accused, had decided to change the precautionary measures and, instead, to now remanded her to prison until trial.

On November 16, 2021, elements of the Attorney General's Office (FGR), with the support of personnel from the National Defense Secretariat (SEDENA) and the National Intelligence Center (CNI), re-arrested Rosalinda Gonzalez for not complying with the precautionary measures imposed. 

Source: Rubén Mosso for Milenio