NEW YORK.- “There is no deadline that is not met or date that is not reached,” says the saying, which applies to the former Secretary of Public Security of Mexico, Genaro García Luna, who this Wednesday, October 16, will receive sentence for the five crimes for which he was found guilty in February 2023.
At the last minute, this Tuesday the lawyer César de Castro, who leads the defense of the former official of Felipe Calderón’s government, issued to the court a handwritten letter by García Luna, in addition to the English translation and a “supplementary” memorandum on the case.
In addition to highlighting the love for his family and the values with which he was raised, García Luna affirms that his work as a senior security official in Mexico, he was processed at “high levels of security controls,” so it is unheard of that he had relation to organized crime, as charged in the Eastern District Court.
“I am the Mexican with the most recognitions and decorations in these countries for the fight against terrorism and drug trafficking, subject to the highest standards of surveillance, evaluation and control,” he wrote in his own handwriting. “Within the scale beyond my responsibilities, I was the repository of information classified as secret and national security between the USA and Mexico. […] unthinkable to have that level of responsibility, state information and hemispheric regional security, subject to levels of control and surveillance of the highest level; and at the same time have contact or ties with criminals for profit; “They are totally inconceivable dimensions, outside of reality.”
At the trial, prosecutors highlighted García Luna’s access to high levels of security information, which is why they pointed out “betrayal” of the trust of Mexicans and US federal agencies, such as the DEA, to collude with leaders of the Cartel. Sinaloa and get rich from it.
In a previous letter to Judge Cogan, García Luna accused a plot against him endorsed by prosecutors from the Eastern District Court of New York, whom he even pointed out “not investigating” the alleged collusion of at least two witnesses against him.
However, by rejecting the post-trial motion, Judge Cogan not only rejected García Luna’s arguments against the prosecutors, but also endorsed their investigation into a plot that the former official had concocted to offer up to $2 million dollars to inmates. , so that they would give testimony in his favor.
On February 2, 2023, García Luna – who led the so-called “war on drugs” in Mexico – was found guilty by a jury of five crimes, including leading a criminal organization for a long period, conspiring to traffic drugs to the United States (three) – and alliance with the Sinaloa Cartel – and lying to the US authorities on immigration matters.
This Tuesday, Judge Cogan authorized the defense’s request that García Luna dress in civilian clothes, just as he did during his trial, instead of the khaki uniform of the Metropolitan Detention Center in Brooklyn.
García Luna is also expected to express a final message about the judicial process he faced and how many years he should be sentenced.
Life sentence or 20 years?
García Luna seeks to receive a maximum of 20 years in prison, a time requested by his defense attorney, under the logic of one year for each year as a public official in Mexico.
However, prosecutors requested a life sentence, considering the crime of leading a criminal organization for a long period, justifying the high level of the crime, in addition to conspiracy for drug trafficking.
“A life sentence will also send a much-needed signal that there are serious consequences for accepting bribes. and provide assistance to the cartels,” prosecutors wrote in a Sept. 19 memo. “Such a sentence will further demonstrate that the United States remains committed to preventing drug cartels from shipping massive quantities of drugs into the United States.”
Prosecutors also asked that the judge impose a $5 million fine on García Luna.
Why was the sentence delayed?
The first date set for the sentence was June 27, 2023, but between February and that day, the defense could present a motion-appeal about the trial and the process in general. There the delays began, because each report required the review of the prosecutors, the respective response and then the position of the defense.
In total there were five date changes, until October 16 was set, after Judge Cogan rejected the arguments of lawyer César de Castro to annul the trial.
After the ruling, García Luna can file an appeal with the Court of Appeals for the Second Circuit, where the response time ranges from six months to two years, if the case is accepted.