Photo: NY Eastern District Court / Getty Images
Former Mexican Secretary of Public Security, Genaro Garcia Lunafaces five accusations for the trial that will begin on January 17 in the Eastern District Court of New York, the main one being run a criminal organization for a long period.
García Luna, who was an official during the governments of the former presidents vincent fox Y Felipe Calderonled the so-called “war on drugs” in Mexico, but is accused of receiving millions of dollars from the Sinaloa Cartel in exchange for protection.
As part of the preparations for the trial that Judge Brian Cogan will lead, the prosecutors made some specifications about the accusations and it stands out that the order is from charge two to four and then one is indicated, being the main one.
There is a logic in this regard, since finding García Luna guilty of charges two, three and four will be essential for the guilt of the main charge, that is, leading a criminal organization or group, the same accusation he faced Joaquin “El Chapo” Guzman Loera and for which he was sentenced to life imprisonment.
The drug trafficking chargesthe prosecutors determined to point to the former conspiracy official, that is, there will be no need to prove that he actually carried out the cocaine traffic directly, but rather that he had a substantial role in it.
“To establish the existence of a conspiracy, the Government is not required to prove that two or more persons entered into a contract, orally or in writing, stating that they have formed a conspiracy and explaining all the details”, indicates part of the judicial guidelines sent to Judge Cogan. “It is sufficient if the evidence establishes that the conspirators reached a tacit mutual understanding to carry out an unlawful act.”
The charges
The jury must answer a series of questions once the evidence has been presented and the witnesses and collaborators have been heard, the final list of which has not been defined, but it is expected that there will be more than 20.
As indicated, charges two, three, and four on drug trafficking conspiracy begin the charge sheet, leaving charge one at the end of those related to drug trafficking, since the former must be proven.
Charge two.- Conspiracy to distribute cocaine. Jurors must answer “guilty” or “not guilty.”
Charge three.- Conspiracy to distribute and possess cocaine. Jurors must answer “guilty” or “not guilty.”
Charge four.- Conspiracy to import cocaine. Jurors must answer “guilty” or “not guilty.”
The panel must answer the following question for each of those charges: “Has the government proven beyond a reasonable doubt that the crime involved five kilograms or more of cocaine?”
Charge one.- Continuously lead a criminal enterprise. In addition to answering whether García Luna is “guilty” or “not guilty,” the jury must indicate its decision on charges two, three, and four.
The charge sheet also contemplates the corresponding violations regarding the distribution of cocaine on specific dates, for example, approximately 5,000 kilograms on September 13, 2008; 23,000 kilograms on October 30, 2007; 19,000 kilograms on March 18, 2007; 1,997 kilograms on February 28, 2003; 1,925 kilograms on August 16, 2002, and 1,923 kilograms on May 24, 2002.
Charge five.- Make false witness. Jurors must answer “guilty” or “not guilty.”
This accusation is related to García Luna’s immigration process to obtain, first, his Green Card, and then naturalization.
“On or about June 1, 2018, within the Eastern District of New York and elsewhere, defendant Genaro Garcia Luna knowingly and [deliberadamente] one or more materially false statements and fictitious and fraudulent representations,” the court document states. “Namely: a statement to the United States Customs and Immigration Services (“USCIS”), in which the respondent falsely stated to USCIS that he had never committed, aided in, or attempted to commit a crime or misdemeanor for which he has not been arrested.”
If found guilty of this last accusation, García Luna could lose his immigration protection.
It may interest you:
– García Luna wants to avoid a prisoner outfit during his trial
– Prosecutors add protected evidence against García Luna.
– Defense of García Luna asks to admit as evidence his client’s relations with US officials.