| Defense for
Venezuelan Orense Promises to go On
Offense & 4 Cooperators, Maduro Cited
By Matthew
Russell Lee, Patreon
SDNY COURT Scoop,
Nov 27 –
Venezuelan indicted
narco-trafficker Carlos Orense
Azocar was presented in
Magistrates Court in the U.S.
District Court for the
Southern District of New York
on June 23, 2023 and Inner
City Press was (the only
media) there.
Orense had
just been extradited in from
Italy and the indictment
against him unsealed. He was
bought into the courtroom by
two U.S. Marshals, in a green
T-shirt and a shaved head with
deep lines in it, at least in
the back.
SDNY Magistrate
Judge Valerie Figueredo
reviewed the financial
affidavit that Azocar signed
and submitted and appointed
him publicly-paid Criminal
Justice Act counsel.
(Given his
resources, Inner City Press
has already filed to have
unsealed his financial
affidavit, as it won in the
recent narco case of Honduras'
Tigre Bonilla).
Orense pled
not guilty and consented to
detention. The case was
wheeled out and assigned to
District Judge Vernon S.
Broderick.
On
November 14, Inner City Press
covered the final pre-trial
conference before Judge
Broderick. Orense was not
there. Thread.
On November 25,
Black Friday, Orense's counsel
alleged Brady violations,
writing that "The government
has produced a January 8, 2019
email between Drug Enforcement
Administration Special Agent
Brian Whitworth and Assistant
United States Attorney Juan
Antonio Gonzalez of the
Southern District of Florida,
in which SA Whitworth wrote at
2:11pm,”Per our conversation
please respond to me regarding
the decline of prosecution for
Orense.” AUSA Gonzalez replied
at 2:51pm, “For all the 1 See
Exhibit A: June 23, 2022
Order. 2 DEA 6 reports, notes,
audio recordings, video
recordings, sworn testimony,
court findings, etc. Case
1:21-cr-00379-VSB Document 52
Filed 11/25/23 Page 1 of 3 FOY
& SEPLOWITZ LLC Attorneys
at Law Page 2 reasons we
discussed concerning witness
credibility and availability,
we cannot go forward with the
case.” On November 19, 2023,
through counsel the defendant
made the following formal
request to the government via
email, “Please provide all [ ]
the reasons that were
discussed regarding witness
credibility and availability
that led to the decision to
decline to prosecute Orense on
or about January 8, 2019. "
Today at approximately
12:55pm, we conducted a
telephone conference with the
government in an attempt to
work through this issue and
other trial related matters...
The government’s response to
the defense was they have
fulfilled their legal
obligations and suggested we
take this issue up with the
court should we be
dissatisfied with their
answer." Hence, the letter
motion, returnable 9:15 am
Monday...
On November 27,
Inner City Press went at 9:15
am, and later. Thread:
Now here at US v
Orense- his daughter us here,
counsel asks if she can hug
him, hasn't seen since his
arrest in Italy.
Ruling: No
physical contact. Orense is
crying as Marshals stand by
his side. Inner City Press is
here, in empty gallery.
Judge: Mr Azocar,
Juror 10 is sick. Juror 11's
mother is hospitalized. I will
ask her questions...
Update from
courtroom of US v Orense -
counsel for El Pollo just came
into the courtroom - to
prepare for trial of El Pollo,
or as they say, a pre-trial
disposition
OK: in openings
in US v Orense, defense lawyer
tells jury all 4 cooperating
witnesses are just drug
traffickers who want to stay
in the USA, one of whom tried
to kill Orense. Inner City
Press has covered the case
since sealed financial
affidavit.
As Inner City
Press reported this morning,
counsel to Hugo "El Pollo"
Carvajal is here.
Defense: The US
tells you Orense knows
Venezuela officials including
Nicolas Maduro. But he also
knows singer Vicente Fernandez
- that doesn't mean Orense in
a singer.
The defense
promised to "go on offense"
against the government's case,
citing AUSA Dick Gregorie,
several times....
And then
the first US witnesses had
been on the Coast Guard cutter
Richard Dixon out of Puerto
Rico....
Inner City Press
will continue to cover the
trial.
Back in June
Inner City Press immediately
wrote to Magistrate Judge
Figueredo to unseal, and was
told told to file by ECF. But
that is not possible unless
one is listed as a filer in
the case. Inner City Press
requested that to Magistrate
Judge Figueredo's chambers
then those of Judge Broderick.
On July 5, the request to
unseal was docketed, here
On July 7, 2022
Judge Broderick granted Inner
City Press' request to unseal,
put into a minute order: " the
Court grants the request
addressed in the order at
docket no. 10, to unseal the
financial affidavit and
information of Defendant,
Carlos Orense Azoca ."
But as of
November 25, the financial
affidavit (Docket 7) was still
sealed, its link not live on
PACER.
But the
transcript of July 7 is
available, including:
THE COURT: The
next thing I'm going to
address is I received from
Inner City Press a request for
the financial affidavit...
MR. FOY: ...The
person who made the
application was presented when
I explained why there wasn't
much information included.
AUSA WIRSHBA: The
government takes no position
on the application.
THE COURT: I'm
going to direct that the
financial affidavit be
unsealed. To the extent that
the Inner City Press, that Mr.
Lee - since it sound like he's
already aware of the comments
about it, I'm going to unseal
it, and I'll see the parties
on August 22.
Inner City Press
will continue covering the
case - and the request(s).
The case is US v.
Azocar, 21-cr-379 (Broderick)
***
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