- Hello guys. Day 43 of El Chapo's trial has started.
- To recap: The jury got the case February 4 and immediately began asking for evidence in a way suggesting they are moving methodically through the government's presentation. That included something unusual: the complete testimonies of 6 govt witnesses or 1000s of pages of transcripts.
- There was argument in court Thursday about the latest request: testimony by Juan Carlos "Chupeta" Ramirez, Chapo's Colombian supplier, on several maritime coke loads he made for the kingpin. Judge Cogan resolved it over the weekend, issuing an order about what the jury will see.
- Chupeta admitted to ordering at least 150 murders during his career, including four killings in New York in the '90s. As part of his plea deal, he faces a sentence of 25 to 30 years in prison.
- Jury has asked to review Alex Cifuentes' testimony.
- Alex Cifuentes was responsible for the claims about the $100M bribe to EPN and the alleged child rapes — two of the most widely reported allegations from the trial.
- He almost singlehandedly reshaped Chapo's legacy, but his own bizarre beliefs have mostly been overlooked.
- Even without Cifuentes, there's still more than enough evidence to convict El Chapo. But if I was on the jury, I'd certainly want to know about all this information that prosecutors convinced the judge to withhold.
That was interesting that testimony you posted this morning on mainboard.All those big loads that got through with no issues and the last 3 or so not but of course by then someone was on to him.I wonder who pays for the lost loads?Would it be all the different clients from Mexico proportinately,Chuputa himself (I guess it depends if he was fronting it or not and looks like in most cases he was as the money would come back after) or the Columbian suppliers themselves or a combo?And yes you can say they pay (at least some of them) with their lives but 1 load lost can be devastating let alone 3 in a row still somehow its still a huge loss $$$$$$ no matter how many they kill.His ledgers and recordkeeping were interesting too.
- Some movement from the Chapo jury, but still no verdict.
- They submitted three notes: asking for full (but short) testimony from two government agents (a DEA agent and a US Coast Guard officer) and a question: "Does a violation have to be proven or not proven unanimously?"
- The jury's question about proving the 27 violations unanimously wasn't fully answered by the judge, who referred them to the instructions. (At least three of the violations must be proven for Chapo to be found guilty of the first count.) The jury likely still must answer all 27.
- The question about unanimity in the 27 sub-violations suggests just how intricate the charges in this case are. The answer is yes, it must be unanimous, but just 3 violations must be proven for Chapo to be convicted on the charge. Some of the violations are also separate counts in the indictment.
- By asking about unanimity the jurors could be suggesting there is a holdout on one or more of the violations or they could simply be confused that they have to decide all 27 violations unanimously to convict on Count 1. It's a level of complexity the government itself chose to use.
- Some of the testimony was read back in court to the jurors. Tough to read the body language, but safe to say one or two were taking notes and paying close attention. Another two or three looked bored and frustrated — like it was a waste of time. Others seemed indifferent.
- The question about the violations suggests the jury is still mired in count 1 of the indictment. That's the "Continuing Criminal Enterprise" or CCE. If Chapo is convicted of this, he faces a mandatory life sentence. The other 9 counts hinge on the 27 violations within the CCE.
- If the jurors are asking whether they need to be unanimous to find Chapo guilty of the CCE violations, it implies they are currently not unanimous. And that's not a great sign for the government.
The DEA agent's testimony regarded four seizures:
1. Lina Maria: seizure of 11,981.93 net kg of cocaine, 9/16/04
2. San Jose: seizure of 10,480.05 net kg of cocaine, 9/23/04
3. Gatun: 15,157.02 net kg of cocaine, 3/17/07
4. Semi-submersible, 4,417 net kg of cocaine, 9/13/08
- Day 5 of deliberations are done. We're headed into Day 6. Chapo looked pretty cheerful when the marshals brought him out for the read back. He shook hands with his whole legal team, waved to his wife, all with a big smile on his face.
- So far jury notes have largely been requests for testimony and evidences. As long as jurors are focused on the evidence it's not a good look for Chapo. The evidence was as overwhelming as it comes. To scrutinize it, however closely, suggests jurors are leaning toward verdict.
- Chapo's lawyers don't really want a verdict because, in the world of the evidence, there's really only one verdict that 12 jurors can return unanimously: guilty. Playing the odds, their best shot at a positive outcome is dissension leading to a hung jury and mistrial.