NEW YORK.- Judge Brian Cogan blocked part of the testimony of Tirso Martínez Sánchez, alias “El Futbolista”, considering that he narrates events before the period for which Genaro García Luna, former Mexican Secretary of Public Security, is accused.
Judge Cogan’s order provides for disregarding statements between 1993 or 1994 and 2000, including part of 2001.
“The conspiracy charged in the indictment begins in 2001,” Judge Cogan notes in his decision.
It adds that the prosecutors of the Eastern District of New York have not justified the reason for addressing that period, as is legally required to accept certain evidence or testimony in a case.
On his first day of hearing, “El Futbolista”, who had already testified against Joaquín “El Chapo” Guzmán Loera, spoke of how he trafficked cocaine for the Sinaloa Cartel to the United States by means of trains.
Assistant prosecutor Phillip Pilmar also questioned Martínez Sánchez about the people with whom he began to sell drugs in Los Angeles, California. The aid worker pointed to some such Jorge and Anselmo, but acknowledged not knowing their full names, although the prosecutor insisted.
Judge Cogan even questioned in his decision that it was suspicious that “The Footballer” did not remember the names, not even that they were “real names”.
He added that he thought it necessary to prohibit prosecutors from delving into it as a “waste of time” for the jury.
“The Court is not going to allow the jury to hear what amounts to a rumor of the defendant’s guilt,” Judge Cogan ruled.