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After Honduras JOH Brother Tony Gets Life + 30 Years Mauricio H. Pineda Waives Conflict

By Matthew Russell Lee, Patreon Song Filing
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, April 7 – Honduras President Juan Orlando Hernandez took a briefcase of cash and said he would stuff drugs up the noses of the gringos, a jury was told on March 16, 2020.  Inner City Press live tweeted it, morning here and then the afternoon, about the video(s), here and below. Geovanny Fuentes was found guilty, and his lawyer told Inner City Press he thinks JOH will be or has already been indicted.

  On March 16, JOH's brother Tony Hernandez was belatedly up for sentencing before U.S. District Court for the Southern District of New York Judge P. Kevin Castel, who oversaw his trial leading to guilty verdicts in October 2019. Judge Castel sentenced him to life plus thirty years and said in prison he should reflect on how to help his family "and [his] country" - perhaps a reference to telling the US government and then juries what else he knows. Inner City Press live tweeted it, here  and below. The ensuing celebrations, across Worth Street from the SDNY courthouse and in Honduras, Inner City Press dubbed the "Castel-ebracion."

 Now on April 7, another proceeding, this time in Judge Castel's own, smaller courtroom. Inner City Press live tweeted it here:

Mauricio Hernandez Pineda is in yellow prison jump suit. Inner City Press is alone in the gallery.  It has begun.

Mauricio Hernandez Pineda's lawyer Mr Leader has represented Zavala Velasquez in US v Lobo. Will he waive the conflict?

But first: he is 49, gets treatment for cholesterol. Brother passed away last week.

 US says both were members of same conspiracy. But Mauricio Hernandez Pineda waives any conflict of interest.

Proceeding is over. Next date is June 8, 2:30 pm, time excluded with US citing possible "pre-trial disposition" talks, which is standard

  On April 5, Inner City Press began asking what has happened with the 2018 indictment of Midence Oqueli Martinez Turcios? Since July 2018, there is nothing in the docket, although Honduran media reported he had turned himself in to the DEA. Where is he? Who might he testify against? Indictment and more on Patreon here.

 On April 2, with the indictment of El Tigre Bonilla still listed as "under seal," Inner City Press published the indictment on its DocumentCloud, here. Why is this still listed as sealed? Watch this site.

From March 30: Judge Castel: Juan Antonio Hernandez Alvarado, you are remanded to be imprisoned for life on Count 1... & 30 years on Count 2, consecutive. Forfeiture of $138.5 million. No fine.

Judge Castel: You have the right to appeal, including as a poor person. I hope that while you are in person you will reflect on your life and what you've done and turn your life around. Perhaps you can do some good for your family and your country.

 Defense lawyer Brill: I will file a notice of appeal, and then be relieved. Judge Castel: We are adjourned.

A question still: Does the right to access to Federal court proceedings extend to listen-only telephone lines, in the time of COVID and beyond? Should it?

 The question has been further raised in the ongoing Honduras narco-trafficking case US v. Geovanny Fuentes, which Inner City Press has been covering in-person in the U.S. District Court for the Southern District of New York, where it is "in-house press."

   On the morning of March 13, Inner City Press filed a challenge to the cut-off of audio access to the US v. Fuentes trial, citing the First Amendment, COVID and real-world politics, see here and below.

  Late on the evening of March 14, the US Attorney's Office filed a three page letter into the docket, specifically arguing the the call-in line be eliminated for two entire Witnesses and everything they say. US Attorney's Office's letter, now uploaded on Inner City Press' DocumentCloud, here.

 Inner City Press has immediately responded in opposition, here, stating among other things that "the US Attorney's Office seeks to specifically ban public access to two of their Witnesses, while saying that a transcript would be available at some unspecified date afterwards. Given that the Office has yet to unseal improperly redacted portions of their filings, there is little reason to have confidence in the speed of transcription, or that such transcripts would not be too expensive for the public or media. 

Inner City Press after its first filing waited nine hours, including this song, here, to report about it. Full first letter on Inner City Press' DocumentCloud, here.

  Inner City Press itself obeys all existing rules and is grateful for the additional access as in-house media (particularly since it is banned from covering the UN, which now Constitutional rights such as the First Amendment exist).

  But others have rights too - including journalists and regular citizens of Honduras. If the SDNY prosecutors are going to exercises essentially universal jurisdiction for any wire transfer that passes through lower Manhattan, how ever briefly, they should not oppose access to their trials by those impacted, for better and worse.

Judge Castel is a good judge, in Inner City Press' experience. When petitioned he has ordered the unsealing of certain court documents, in a North Korea crypto-currency conference case and the tech / child sex sentencing of Peter Bright former of ArsTechnica, both of which Inner City Press covered and requested. And Judge Castel is certainly in the mainstream in his March 12 psoition. But should it be rethought? Is there a right? Should there be? Watch this site.

The case is US v. Diaz, 15-cr-379 (Castel).

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