There have been times in Mexico's history that Miquel Trevino, better known as Z-40, would have already been placed in front of a wall, offered a blindfold, and then shot by a firing squad. Or if it seemed more politically expedient , he would be hanged today in a public square. After all it has been more than 24 hours since he was arrested.
Either option would probably have been met with joyous celebrations by the Mexican people because it is "common knowledge" that he is a criminal of the first magnatude and responsible for much of the violence and suffering of the Mexican people over the last decade.
It is common knowledge that he is guilty of mass murders that were carried out by his minions on his orders - responsible for the murder of 265 Central American migrants in Tamaulipas, among which are the 72 of the ejido El Río, the municipality of San Fernando. The slaughter of these 72 is one of the bloodiest episodes in recent Mexican history. But also probably guilty of 1000's of other murders.
It was also "common knowledge" that he is quilty of being the head of the most violent drug cartel in Mexico which engaged in "crimes against health, torture, money laundering,"
IT IS A DIFFERENT WORLD TODAY
A trial with due process is mandatory in todays society. It might be tempting if we could just let all those legal niceties such as due process slip this time and just proceed to the punishment question. But if you do that, where do you draw the line next time. If we want to have a society that lives by the rule of law, we have to follow the rule of law.
SO WHERE IS HE TO BE TRIED?
Already most of the comments that I have seen call for him to extradited to the US and tried for a few murders in the US which he is charged with or accused of committing, drug trafficking, money laundering or probably 100 other offenses he could be charged with.
Most of these calls for extradition are based on a mistrust of the judicial and/or penal system in Mexico. The US also has a death penalty and Mexico does not. But many people may not realize that if the US requested extradition based on a capital offense, Mexico could not legally extradite him under existing Mexican law.
I don't see extradition happening for many reasons, but the foremost is that this capture is the plum pudding for EPN's pledge to reduce violence in Mexico. Pena Nieto is not likely to give up or want to share that plum with the US.
The press conference held yesterday by the Office of the Secretary of the Interior sent several messages that this operation was the direct result of the success of the President's new policies as opposed to what happened under the previous administration.
The press conference stressed that the operation was carried out through the efforts of "domestic" intelligence gathering, without US help (proving that kicking the US intelligence agencies out of Mex. was the right thing to do).
It also stressed that all of the intelligence that was gathered was filtered through the Ministry of the Interior and then released to the appropriate levels of govt. (local, state, and federal). It is becoming increasingly clear that the Ministry of the Interior is the focal point of power in Mexico.
It also stressed that this intelligence driven operation was carried out with absolutely no violence or the necessity of using brute force. Not shot was fired. How different than operations under Calderon and all part of EPN's master plan.
It is unrealistic to think that EPN will back off the spin of how perfect his plan is working and say, "But we realize the US will do a better job of trying and punishing this criminal and so we are going to extradite him to the US".
WHAT DO YOU CHARGE HIM WITH AND HOW DO YOU PROVE IT?
Forget for a minute that he will probably be tried in Mexico and the rules of evidence are different than in a US courtroom, what evidence can you come up with to prove that he is responsible for any of the murders he should be charged with. Many of the evidentiary problems would exist in a trial in either country.
There is not likely be any fingerprint evidence or DNA tying him to any murders. There won't be any shell casings which could be matched to any of his guns. There is small likelihood of there being any eye witnesses to his crimes.
If the charges are based on him giving the orders for the murders, who did he give the order to? Probably not to more than 2 or 3 trusted lieutenants who may or may not be in custody already or if the prosecutors get lucky they might capture one or more of them and persuade them to testify against 40.
What happens then? Do those witnesses become "Protected witnesses? The PRIistas are rapidly developing a legacy of not believing in the credibility of Protected Witnesses as evidenced by all the people released from Prison since EPN took office. Will some judge or a new AG come forward in 6 months or 2 years or even when a new administration comes into office in 5 years and say "that witness was lying and has not credibilty" and so the conviction of Mr. Trevino cannot stand".
It is not beyond the realm of possiblity.
Tape recordings or videos might be a source of evidence. But of all the grisly videos of atrocities by the Z's, I don' recall any that show 40 was directly involved. And if one did surface, using it as evidence in trial would still be a big hurtle to overcome. Who filmed it, what is the chain of evidence, is there a possibilty it could have been doctored?
The charge of possession of an illegal firearm might be the only charge that could be proven against him beyond a reasonable doubt.
A plea bargain might be the only likely outcome. Not necessarily because he snitched on his compadres, but just becuse it may be hard to prove the offenses he is charged with. Tevino might agree to a guilty plea even if he is aware the authorities have a problem of proof just to avoid years of detention and trials for all the offenses that both governments could come up with.
However, in Mexico I think this would cause an uproar, but who knows. If they delay his trial long enough sometimes the public seems to have a short memory or attention span.
These are just my musings and first thoughts about this case. I hope you readers will share your thoughts. Jlopez, I especially respect your legal opinions.
Words are powerful weapons, be careful how you use them.
I think it would be ridiculous for Mexico to try take care of z40 and try to prove he is guilty. Evidence, there will be none, Witnesses, i highly doubt that, just thinking about what possibly can happen if his brother z42 finds out where you stay and comes to get you for testifying against his brother. Why risk the faith of the most evil criminal I have ever heard of, why doesnt Mexico do what they did with JT, let the U.S give him his sentence, maybe 40 years, and when he gets out send him to Mexico on their charges.
DD I think the same zetas will give what is needed to put him in jail, CDG people will as well, think in Mamito for example, the ones he will give away or will be arrested in the next days,... He was also caught with 2 million dollars and plenty of guns, that´s already a sure sentence to get started even leaving blood crimes aside. He is too big of a fish and a very very hated one as to let him go.
About an extradition... I agree he will be tried in México first but I wouldn´t discard an extradition to the US afterwards, the time for EPN´s government to use this big hit as a medal to wear is now and even if cooperation in these matters is not as open as it was with Calderón that doesn´t mean it doesn´t exist (and with Calderón some things were a bit too much, it was just reasonable stepping it down a bit)
I´d like to hear jlopez take on this too, I´m throwing away opinions with no knowledge of how these things really work.
When I first heard of his capture, I thought of the mounting pressure in the US by officals pertaining to the disappearance of the US marine. Maybe this was a result of the pressure from the US government?
"Great minds have purpose, others have wishes" - Washington Irvin
Tamaulipeco said that photo is at least 5 years old or more, and he is our local zeta cheerleader. I don´t see any major changes in the pictures, fatter and older, these guys don´t age well, too many drugs and shit, only the nose looks a bit different but a punch would do that
Mr JayDub I disagree that M1 and Lazca had more balls than Z40 because they were killed trying to run away. If i remember correctly they did not even fire a single shot also. But Botas Blancas and Tony Tormenta did go gun .
Most don't have a chance against trained marines but I hear what you are saying. El Botas Blancas, Tony Tormenta, Nacho Coronel, M1 went out with the old school mentality as they knew they would rot away in a US prison. What is in question now, is will Z-40 live the rest of his pathetic life in a Mexican prison or will justice be served and extradited to the U.S.
It could take years to even begin talking extradition. Look at Barbie, an American citizen, going on three years and still nothing is clear. I think Z40 will be treated like Caro Quintero and remain in a Mexican prison.... On a side note you can bet he and his loyal crash-dummies are going to start dropping names of corrupt officials. That should be interesting!
Not going in a shootout was an intelligent move. He would have been killed. He can run the operation behind bars. Omar will be a puppet, but a trusted one. And he can have all the comforts of home, alive he can try for a break out.
What we do now DD is pray for Coahuila-Tamps and Ver. I am scared shitless for my city and others including yours.
I am not sure if you told people that a week ago I wrote to you and told you where 40 now lived. I told you because you have relatives there. And that is where he was captured.
WHen Zetas broke into my therapy centers last week, 3rd time in 2 years they took everything including the copper under the ground. The kitchen was cleaned out, all three rooms they just left the chairs. How can anyone do that to disabled kids? No line drawn in the sand, no heart. So they can see what the fuck to do with the braille machines, zoom text software audio meters etc and I am done. After building 10 schools, two huge therapy centers and 20 kitchens, 6 computer labs-3 libraries. I am done.
Done swimming in mud.
below you can see what the kitchen looked liked. I built everything from the ground up, the mural has quotes of hope, they also defaced that and added filth.
The way I see it.... the more people that don't like me, the less people I have to please