"Socalj" for Borderland Beat
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Denisse Ahumada Martínez, PAN councilor in Reynosa, Tamaulipas, was re-apprehended and charged by Brooks County, Texas State Police officers and charged with possession of a controlled substance. Yesterday, a federal US Judge dismissed the drug trafficking charges that had been brought against her citing no probable cause for the search that led to the discovery of 42 kilos of cocaine hidden in her Mazda SUV while at the Falfurrias, Texas checkpoint north of the US/Mexican border.
She had been able to convince the judge that she did not know that there were drugs in the car she was driving and that they threatened her to drive it to San Antonio, Texas. This came after initial reports in the criminal complaint filed by DEA Special Agent Nicholas Landsman that she had confessed to smuggling the drugs and had done so before. In court, she claimed on a previous occasion had been threatened in the same way and had crossed with another vehicle.
State Charges & Re-Arrest
Denisse is currently being held at Hidalgo County, Texas jail on a warrant out of Brooks County. She is now facing a drug possession charge on the local level, according to Brooks County Sheriff Urbino “Benny” Martinez. “The norm has been that if the case is not accepted [in] the federal level, we adopt those cases,” Martinez said. |
“Ahumada-Martinez will remain at the Hidalgo County jail until the Brooks County Sheriff’s Office takes her into custody," Martinez said. Hidalgo County borders Tamaulipas, Mexico, the checkpoint she was arrested at on June 10, 2023, for allegedly trafficking 42 kilos of cocaine is located to the north in Brooks County.
DEA Agent's Testimony Conflicted Criminal Complaint
During the preliminary hearing that ultimately resulted in the dismissal of the charges against her in federal court by Judge Juan F. Alanís; DEA Special Agent Nicholas Landsman testified that following her arrest, she stated that she had been threatened and she had no knowledge of the drugs being in the Mazda.
According to the DEA agent, Denisse Ahumada-Martinez claimed someone had threatened her. She received a call from someone with a Mexican phone number, who instructed her to take her car to Monterrey, drop it off, pick it up, and drive to San Antonio. So she did.
The person told Ahumada-Martinez to drive from Reynosa to Monterrey on June 9. Ahumada-Martinez parked the Mazda in Monterrey. She picked up the car later that day and returned to Reynosa. The same person told Ahumada-Martinez to cross the border on June 10 and drive to San Antonio, Texas.
Ahumada-Martinez took her two children, a 2-year-old and a 7-year-old, with her. Border Patrol stopped them south of Falfurrias. Ahumada-Martinez said that she believed something illegal was going on but she didn't know what.
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She had 3 cellphones with her when Border Patrol arrested her. DEA agents discovered messages between Ahumada-Martinez and a Mexican phone number had been deleted. “She just knew that she was doing something illegal,” Landsman said.
Cross-Examination & Dismissal
Reyes asked if the government had any proof Ahumada-Martinez knew the Mazda contained drugs.
Landsman said, "Ahumada-Martinez was the only adult in the car."
Reyes asked Landsman again: "Other than merely being present when Border Patrol found the cocaine, did the government find any evidence that Ahumada-Martinez knew the Mazda contained drugs?"
Landsman said no other proof existed.
“There’s a lot of stretching here and speculating, judge,” Reyes said.
Assistant U.S. Attorney Laura Marie Garcia pushed back.
"Given the circumstances, a reasonable person would assume the vehicle contained something illegal," Garcia said. She maintained the government had enough evidence to establish probable cause.
Judge Alanís said the government had provided no evidence that Denisse Ahumada-Martinez knew the car contained drugs, so the government didn't have enough probable cause to support the charge. Case dismissed.
He assures that he fears for the safety of his client. “It’s easy for somebody to say: Well, you know, they’re still guilty. They could have gone to the police,” Reyes said. “There’s nothing until you face that situation where your life is under threat and you’re being threatened to do something by these organizations that you really know what that feels like and what that results in.”
“You have to prove intent. You have to give some evidence that there was intent to traffic narcotics,” said attorney Samuel Reyes. “In this case, the government did not do that and the judge made the right decision.”
During cross-examination, the DEA Agent admitted that her "mere presence" in the car was the only proof that they had that Ahumada-Martinez knew she was transporting drugs. His testimony appeared to conflict with the criminal complaint, which suggested that Ahumada-Martinez knew about the drugs.
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Cross-Examination & Dismissal
Reyes asked if the government had any proof Ahumada-Martinez knew the Mazda contained drugs.
Landsman said, "Ahumada-Martinez was the only adult in the car."
Reyes asked Landsman again: "Other than merely being present when Border Patrol found the cocaine, did the government find any evidence that Ahumada-Martinez knew the Mazda contained drugs?"
Landsman said no other proof existed.
“There’s a lot of stretching here and speculating, judge,” Reyes said.
Assistant U.S. Attorney Laura Marie Garcia pushed back.
"Given the circumstances, a reasonable person would assume the vehicle contained something illegal," Garcia said. She maintained the government had enough evidence to establish probable cause.
Judge Alanís said the government had provided no evidence that Denisse Ahumada-Martinez knew the car contained drugs, so the government didn't have enough probable cause to support the charge. Case dismissed.
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"The judge determined that there was not enough probable cause against her...they did not show that she had knowledge of those drugs." her attorney Samuel Reyes stated. “On a previous occasion, the same thing happened, where she was threatened. She didn't know what was in the vehicle, but she knew that she was threatened and they asked her to transport the vehicle, she did, and I think she went to another place, but she transported it, she didn't know what was inside, and she hoped they would leave her alone, but they threatened her again."
He assures that he fears for the safety of his client. “It’s easy for somebody to say: Well, you know, they’re still guilty. They could have gone to the police,” Reyes said. “There’s nothing until you face that situation where your life is under threat and you’re being threatened to do something by these organizations that you really know what that feels like and what that results in.”
“You have to prove intent. You have to give some evidence that there was intent to traffic narcotics,” said attorney Samuel Reyes. “In this case, the government did not do that and the judge made the right decision.”
It was possible that the government could take the case to a federal grand jury with additional evidence to bring charges; that is not been announced either way yet. But, Brooks County beat them to it charging her with possession of a controlled substance.
Sources Twitter @AngelenHD, Milenio, Twitter @DMHJ, Progress Times, KRGV
You know she's sweating bullets now. Her two kids are now in the line of fire along with the rest of her family.
ReplyDeleteShe lost 42 kilos. If she goes back to Mexico she might get disappeared or killed. Her best option is WitSec which could get her family in Mexico killed. Hopefully, the kids stay in the U.S. Pray for her family in Mexico.
True and Reynosa is lawless right now. Just today, a convoy full of shit-holes pick a whole family in Rio Bravo.
DeleteWhat is witsec?
Delete12:29:
DeleteU.S. federal witness protection program. If she cooperates they will give her a new identification and relocate her and her family, most likely to a location in the U.S. They probably will give her a monthly stipend as well.
Also, for everyone sweating over her photo, take a good look at her booking photo posted above without all of the makeup.
ReplyDeleteShe looks like a tweeker 😂
DeleteAlways the same line : I was threatened? The feds know the same song with a Violin!
ReplyDeleteOnly an idiot takes his or her kids on a drug run .
ReplyDeleteBOP is full of girls like her her and Emma coronel they should form a softball team while being housed at uncle sam's hotel.
ReplyDeleteEmma is out
DeleteThe number of females in BOP for trafficking is in the thousands. They can form softball leagues 10 times over.
DeleteIf her pals don't get her a good attorney and pay her commissary than she should sing.
ReplyDelete@12:34 you sound experienced my friend
DeleteAnyone who would involve their children in this should be taken out back and given a good talking to ! Possibly even using strong language ...
ReplyDelete😂
DeleteThe police don't need probable cause when consent is given to search. Consent was given here. The judge is saying that they had no probable cause on the knowledge element. This is incorrect. She had a sense that something was illegal and that is all that is needed to prove the knowledge element. You don't have to know specifically what you possess, you only have to know that what you possess is illegal. Besides, they never dismiss cases this early based on the knowledge element. Possession is usually sufficient to satisfy the knowledge element in the preliminary phase. And it's highly unlikely that the case would have been dismissed on a motion to dismiss except in front of this judge. This judge clearly misapplied the law and this certainly doesn't work in her favor. Now, for the moment, she is in state court and if the state judge rules correctly, she will be bound over for trial in state court.
ReplyDeleteShe's in a very difficult position. She and her children are safe as long as they are in the U.S. However, her children, aged 2 and 7, could be returned to Mexico because the U.S. has no grounds to detain them. Their best bet is for her attorneys to request asylum for them in case she doesn't cooperate, but this doesn't help any family that she may have in Mexico. If I were her family member in Mexico, I would be going to Spain on a flight tonight. Spain is absolutely lovely anytime you have a family member make a mistake on this scale. If she has a husband, she may not have a husband much longer. She could have walked to the border and spoken to an agent before transporting the drugs and the DEA could have assisted her before she dragged her whole family into this mess. The DEA has successfully dealt with situations like this many times in the past and could have assisted her had she spoken with the DEA before transporting the drugs.
Most judges now, especially females, find anything to throw out female (single mom) drug cases because the state’s bill is not cheap. They try to keep families intact and very seldom do they truly throw the book at them
Delete12:39 Her children might be USA citizens. If they are they can be turned over to someone in the USA. If not they will be securely returned to some relative in México. Move from the area if they should feel threatened.
DeleteThe load was found and resulted in a loss, that's the cost of doing business. To cause harm to any loved ones of hers is to be plain stupid, naturally the owners of the kilos will not want to be ID so obviously some "stern" words will be communicated. Now she'll go through the process. Life goes on.
1:25:
DeleteUnfortunately, the reality is that people who lose loads have a bad habit of disappearing and their family members are frequently killed. Most narcos won't spare the children. It's all business to the narcos.
@12:39 am . Can I ask what your profession is? When I read your comment , the way you spoke made me immediately think lawyer , cop, judge or someone in that position. Just curious is all because I used to be a bad guy(not anymore )so that type of grammar gave me the chills even when I read it in my head
Delete7:00
DeleteHe is a well informed person, that with the experience he got through out the years, in the field he worked.
The Cayoteros don't like him, because he speaks the truth about Mexico.
I admire his comments.
6:36 yes that's true in cases where the individuals are willing participants that spill the beans regarding names, phones, locations etcétera. Those individuals know what can happen if they cooperate. She on the other hand was a "blind mule" who felt threatened enough to drive the vehicle and now if harm were to fall upon her loved ones because of this bust you can bet there could be reciprocate actions.
DeleteIn business you mostly win but sometimes you lose, that's certainly the cost of being involved in illegal business.
3:36:
DeleteA blind mule is someone who has drugs in their vehicle who is unaware that the drugs are there. In this case she was aware that the drugs were in her vehicle. Her defense is that she committed the crime under duress. However, Sol just posted an article that suggests that she was a willing participant. She's going to lose in this situation. The question is, will her children or innocent family members lose as well. By her facebook page she want to live the highrolling lifestyle. That high rolling lifestyle could cost her children or family members their lives.
@7:00, He is a retired Fed. He knows the business thoroughly.
DeleteHaha that's tight, so glad she did not slip away. P C for her. Lol she is gonna have a Tuff life before her and her family are murdered. No one believes her weak story she deserves everything comming her way!!!!
ReplyDeleteNo make up completely different person
ReplyDelete7:00 I guess you never had a girl friend all women like different with makeup
DeleteAll my gfs look BEAUTIFUL with or without makeup.
DeleteYou must look fugly without make up if your affended. Sux 4 u
DeleteNobody sounds offended here.
DeleteSi una mujer les dice que estan feos llevenla a las alvercas en la primera cita y metanla al agua para ver si si tienen razon
DeleteWhat was that comment about Texas justice Soli?🙀
ReplyDeleteLol. Remains to be seen though. For all we know these new charges can also be dropped. First time offenders normally get a light sentence
DeleteSol:
Delete42 kilos. She doesn't have a light sentence coming without cooperation. She got lucky that her attorney gave the federal judge a good line of bullshit and the judge bought it. The Texas prosecutors will be prepared for this argument.
It's kind of surprising because federal judges have a tendency to be better judges. It's the state judges, especially the elected judges, that make the stupid decisions. Right now she's Texas toast.
Lock her up. Politicians are held in high standards. Make an example out of her. On her previous trip with cocaine she should of sold it and stayed in USA with her kids.
ReplyDeleteSo you just say “I didn’t know” and they let you go? I’m pretty sure people have used that line before and it didn’t work. Something else going on maybe???
ReplyDeleteHoly testical Tuesday batman she is tore up not smiling now are ya she looks like we'll that look when you know your f-d
ReplyDeleteThis woman should have never been allowed to cross the border legally after her first incident!! As far as the i did not know that happens a lot just keep your finger prints off the packaging deny everything you’re just a blind burrito!! It also helps to be a woman!!
ReplyDelete9:08 She wasn't caught the first time, if it's even true, she drove a loaded vehicle so how could she be denied entry.
DeleteSomething very fishy about this story. Reminds me of all of the drug arrests in Geneseo Illinois on interstate 80....just google "geneseo I-80 drug arrests"....at one point it led the nation in drug seizers with most people being pulled over for improper lane change or speeding......the rumor is that someone in the NSA was able to listen in on peoples cell phones and they drove on I-80 and notify the local law enforcement.
ReplyDelete9:31:
DeleteIt's the nosy cops that make these busts. They try to search every car they pull over. They are a hassle for innocent drivers. It's all a numbers game. The more cars they search on the freeway, the better odds that they will catch something. Also, the feds provide funding and training to police departments along the major trafficking freeways.
Ur absolutely right. Probabilities 101.
DeleteI guess they removed her tic-tok beauty filter for that photo. She looks pissed about it.
ReplyDeleteI hope she doesn't think I don't know she got a nose job, Michael Jackson looking muhfuqqa. No mames guey xDDDDD
ReplyDeleteAHH HEEE HEEEEEEEEEEE, SHAMONE!!!!!!!!!
She looks sad. Why ?
ReplyDeleteSo, I guessed right. State picked up charges.
ReplyDeleteNope.
DeleteState, county, municipal...so ya, I guessed right.
Delete