Menchito could be extradited in 2 weeks as attorney claims CJF and DEA interfered to deny amparo
Friday, November 29, 2019 17:51
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Chivis Martinez Borderland Beat TYGus from Zeta
“El Menchito” has been subject to “judicial terrorism”
The legal defense of Rubén Oseguera González, aka “El Menchito”, accused Alejandro Sergio González Bernabé, member of the Federal Judiciary Council (CJF), of giving the instruction to the Second Collegiate Court in Criminal and Labor Matters of Oaxaca, so that he would definitively deny the protection against extradition to the United States, to the son of the Michoacán capo Nemesio Oseguera Cervantes, “El Mencho”, leader of the Cartel Jalisco New Generation (CJNG).
At a press conference, the lawyer Víctor Francisco Beltrán García recalled that in two weeks, at the latest, the deadline for the Mexican Federal Government to deliver “El Menchito”, imprisoned in the maximum security wing of the Center, expires Federal of Social Readaptation (CEFERESO), number 11, located in Hermosillo, Sonora.
The litigant added that on October 28 they submitted a letter to the Ministry of Foreign Affairs (SRE), to review all irregularities in the extradition process, since there were supposedly apocryphal signatures of William Duncan, a US diplomat, in addition to false statements of protected witnesses.
However, Beltrán García acknowledged that all judicial instances against the extradition order to the United States have already been exhausted, and that now, the only opportunity to prevent “El Menchito” from stepping on American territory is for the Mexican Foreign Ministry to consider his request for Review the anomalies in the procedure.
Alonso Echegaray Rivera, another one of the lawyers of the son of the leader of the CJNG, rejected that his request to the Government headed by the president Andrés Manuel López Obrador is a requirement of amnesty, since he assured that his client is innocent of all the accusations.
For his part, Beltrán García said that on September 5, an agent of the United States Drug Enforcement Agency (DEA) and counselor González Bernabé, intervened so that the Second Collegiate Court in Criminal and Labor Matters Oaxaca would ultimately deny the protection against the extradition of Oseguera González.
“At that time two people are involved, an agent of the DEA and a counselor of the Federal Judiciary. If I remember correctly, it is Alejandro Sergio González Bernabé […] The defense of Mr. Rubén Oseguera González filed different complaints for the improper intervention of agents of the DEA, improper intervention of the counselor of the Federal Judiciary,” said the lawyer .
“I think that what the counselor should do is to ensure that the actions are resolved according to law. The intervention [was] to instruct [the magistrates] on how they should resolve that matter,” the litigant said.
On the other hand, Beltrán García said that since June 23, 2015, he was arrested in Zapopan, Jalisco, “El Menchito” has been subject to “judicial terrorism”, which translates into serious violations of human rights and due process, false evidence, pressures to magistrates and poor integration of files.
The defender of the son of the leader of the CJNG reported that when “El Menchito” was captured for the first time, he suffered multiple fractures and serious injuries. In addition, he listed that since then the Attorney General’s Office (FGR) got Oseguera González to initiate five proceedings for crimes committed in Mexico, of which he was acquitted in its entirety.
The litigant alleged that the protected witnesses of the DEA, among them the capo Óscar Nava Valencia, aka “El Lobo”, gave their statements against “El Menchito”, months after the extradition of his client was requested, which implies that Americans perfected a court case that was already in process.
The lawyer said that these protected witnesses of the DEA identify Oseguera González as a subject of 1.70 meters tall and dark, who since 2004 operated drug trafficking, when in fact it is 1.90 meters, clear complexion, that in that year He was 13 years old.
Likewise, Beltrán García mentioned that the control judge granted them provisional release by means of a guarantee of 10 thousand pesos, but then the CJF relieved the judge of the charge.
Afterwards, another judge admitted 30 evidence of the defense of “El Menchito”, but only allowed them to present 14, although this same judge gave a legal opinion that his client should not be extradited.
This year, attorney Beltrán Garcia was blacklisted by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, a person designated by his alleged links to drug trafficking, along with the Judge Isidro Avelar Gutiérrez, jailed last week.
At the beginning of last September, the federal Court based in Oaxaca, refused to grant an amparo to Oseguera González, with whom he sought not to be handed over and tried by the Federal Court of the District of Columbia, in Washington DC, which is why the son of “El Mencho” could be extradited to the US in the near future.
The case that has to do with the formal extradition request that the US Government presented to its Mexican counterpart on June 21, 2017, which was granted by the SRE of Mexico, on October 4, 2018, and that “El Menchito” He was notified when he was interned at CEFERESO No. 13, located in Miahuatlán de Porfirio Díaz, in Oaxaca.
Oseguera González filed an amparo against his surrender, but Adriana Alejandra Ramos León, Eighth District Judge in the State of Oaxaca, denied him the protection of justice two months ago, a resolution that was confirmed by the Second Collegiate Court in Criminal Matters and the I work based in the same entity.
Neither the Attorney General’s Office nor the Judicial Branch of the Federation (PJF) have publicized the trial against the extradition of “El Menchito”, which was filed under file number 363/2019 in the aforementioned federal court.
A few days before the conclusion of the Government of Barack Obama, the Federal Court of the District of Columbia, in Washington, ordered the apprehension of “El Menchito.” The capture was conducted last December 14 for possession and use of a firearm.
As well as by conspiracy to distribute cocaine and methamphetamine, with the knowledge that he would be extradited to the US, whose authorities seek to seize all the properties, investments and cash of Oseguera González.
Known by the DEA with the aliases of “Rubencito”, “El Rojo,” El Ruso “,” Junior “and” El Niño”, the US justice attributes these charges to” El Menchito” because it has indications that since 2011 imported and distributed drugs in that country.
However, in the demand for guarantees that was denied by the Second Collegiate Court in Criminal and Labor Matters of Jalisco, Oseguera González alleged that he is not the same person that the US authorities seek to judge, in addition to the penalties that he they would impose in the US, like life imprisonment, it is “unusual”, and Mexican legislation does not allow such punishments.
“['El Menchito'] argues that he is not the person that the United States government claims in extradition […] That he is not the son of ['El Mencho'] but of a different person […] so the statement of [a witness], it was used as a support to grant his extradition, since it warns that the witness identified a person other than him […] ”, states an extract of the amparo presented by Oseguera González.
“El Menchito” provided as evidence a forensic medical expert in the field of anthropometry and identification of persons, and in the matter of physiognomic identification by a particular expert, which was admitted on July 24, 2017, and released on July 6 of 2018.
The particular expert determined that the digital images of the formal request for extradition, by the US Embassy in Mexico, were technically deficient to carry out a comparative study of the facial features between them and those taken from Rubén Oseguera, when He was in the CEFERESO number 13, which is located in the Oaxaca municipality of Miahuatlán de Porfirio Díaz.
For its part, the Office of the Attorney General of the Republic (PGR) provided as evidence, the expert in the field of physiognomic identification, in which in its opinion of May 15, 2018, concluded that when analyzing the physiognomic features, inserted in the photographs to compare, it was determined that there is dimensional, chromatic and morphological correspondence of the facial characteristics, between the people who appear in the photograph and with the inmate at that time in the federal prison.
On September 6, “El Menchito” was transferred to the maximum security wing of CEFERESO, number 11, located in Hermosillo, Sonora, as announced by the Secretary of Citizen Security and Protection (SSPC) of the Federal Government, which explained that, before, Oseguera González was being held at the Federal Center for Social Readaptation, number 15, in Villa Comaltitlán, in Chiapas.
“The transfer was made in full compliance with the inmate’s human rights and based on article 52 sections I and III of the National Law of Criminal Enforcement, since it has special security measures,” the SSPC detailed in a card informative
The institution also recalled that Oseguera González has been indicted for various crimes and is pending an extradition request from the US Government. “The Secretariat of Public Safety and Protection reiterates its commitment to respect the human rights of this and all inmates held in the CEFERESOS of the country,” said the SSPC.
From the publication of a video on social networks, where alleged hitmen assured in July that “El Mencho” prepared the escape of his son; hence, Oseguera González was transferred from the Puente Grande prison, Jalisco, to CEFERESO number 11 of Chiapas.
José Reynoso Castillo, eighth judge of the District of Federal Criminal Proceedings of the state of Jalisco, acquitted on August 28 “El Menchito”, of the crime of Organized Crime -in the hypothesis of committing crimes against health-, in addition to ordering Your immediate and absolute freedom.
However, “El Menchito”, 29 years old, originally from San Francisco, California, United States, has opened other legal proceedings in Mexico, for other illicit acts, such as money laundering, violation of the Federal Weapons Law of Fire and Explosives, as well as bribery. In addition, the judge’s decision regarding Oseguera González can still be appealed by the FGR.
At the end of last May, despite the sanction imposed by the Federal Judicial Council (CJF) on a circuit judge for issuing rulings allegedly committed to organized crime, three magistrates of a Collegiate Court in Criminal Matters granted an amparo to Oseguera González, also known as “Junior”, “2″ or “02″.
The members revoked the protection that had denied a Unitary Court with residence in Zapopan, Jalisco, and decided to grant the protection of justice in favor of the alleged drug trafficker, who was prosecuted in two different cases for the crime of organized crime.
“El Menchito” has been in jail since January 2014. He was detained for the first time on January 30, 2014 in Zapopan, Jalisco. But on December 1 following a federal court returned his freedom. However, elements of the Army and Navy again apprehended him on June 23, 2015 and since then he is in prison.
-With information on Milenio and Reforma.
The legal defense of Rubén Oseguera González, aka “El Menchito”, accused Alejandro Sergio González Bernabé, member of the Federal Judiciary Council (CJF), of giving the instruction to the Second Collegiate Court in Criminal and Labor Matters of Oaxaca, so that he would definitively deny the protection against extradition to the United States, to the son of the Michoacán capo Nemesio Oseguera Cervantes, “El Mencho”, leader of the Cartel Jalisco New Generation (CJNG).
At a press conference, the lawyer Víctor Francisco Beltrán García recalled that in two weeks, at the latest, the deadline for the Mexican Federal Government to deliver “El Menchito”, imprisoned in the maximum security wing of the Center, expires Federal of Social Readaptation (CEFERESO), number 11, located in Hermosillo, Sonora.
The litigant added that on October 28 they submitted a letter to the Ministry of Foreign Affairs (SRE), to review all irregularities in the extradition process, since there were supposedly apocryphal signatures of William Duncan, a US diplomat, in addition to false statements of protected witnesses.
However, Beltrán García acknowledged that all judicial instances against the extradition order to the United States have already been exhausted, and that now, the only opportunity to prevent “El Menchito” from stepping on American territory is for the Mexican Foreign Ministry to consider his request for Review the anomalies in the procedure.
Alonso Echegaray Rivera, another one of the lawyers of the son of the leader of the CJNG, rejected that his request to the Government headed by the president Andrés Manuel López Obrador is a requirement of amnesty, since he assured that his client is innocent of all the accusations.
For his part, Beltrán García said that on September 5, an agent of the United States Drug Enforcement Agency (DEA) and counselor González Bernabé, intervened so that the Second Collegiate Court in Criminal and Labor Matters Oaxaca would ultimately deny the protection against the extradition of Oseguera González.
“At that time two people are involved, an agent of the DEA and a counselor of the Federal Judiciary. If I remember correctly, it is Alejandro Sergio González Bernabé […] The defense of Mr. Rubén Oseguera González filed different complaints for the improper intervention of agents of the DEA, improper intervention of the counselor of the Federal Judiciary,” said the lawyer .
“I think that what the counselor should do is to ensure that the actions are resolved according to law. The intervention [was] to instruct [the magistrates] on how they should resolve that matter,” the litigant said.
On the other hand, Beltrán García said that since June 23, 2015, he was arrested in Zapopan, Jalisco, “El Menchito” has been subject to “judicial terrorism”, which translates into serious violations of human rights and due process, false evidence, pressures to magistrates and poor integration of files.
The defender of the son of the leader of the CJNG reported that when “El Menchito” was captured for the first time, he suffered multiple fractures and serious injuries. In addition, he listed that since then the Attorney General’s Office (FGR) got Oseguera González to initiate five proceedings for crimes committed in Mexico, of which he was acquitted in its entirety.
| Nava Valencia |
The litigant alleged that the protected witnesses of the DEA, among them the capo Óscar Nava Valencia, aka “El Lobo”, gave their statements against “El Menchito”, months after the extradition of his client was requested, which implies that Americans perfected a court case that was already in process.
The lawyer said that these protected witnesses of the DEA identify Oseguera González as a subject of 1.70 meters tall and dark, who since 2004 operated drug trafficking, when in fact it is 1.90 meters, clear complexion, that in that year He was 13 years old.
Likewise, Beltrán García mentioned that the control judge granted them provisional release by means of a guarantee of 10 thousand pesos, but then the CJF relieved the judge of the charge.
Afterwards, another judge admitted 30 evidence of the defense of “El Menchito”, but only allowed them to present 14, although this same judge gave a legal opinion that his client should not be extradited.
This year, attorney Beltrán Garcia was blacklisted by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, a person designated by his alleged links to drug trafficking, along with the Judge Isidro Avelar Gutiérrez, jailed last week.
At the beginning of last September, the federal Court based in Oaxaca, refused to grant an amparo to Oseguera González, with whom he sought not to be handed over and tried by the Federal Court of the District of Columbia, in Washington DC, which is why the son of “El Mencho” could be extradited to the US in the near future.
The case that has to do with the formal extradition request that the US Government presented to its Mexican counterpart on June 21, 2017, which was granted by the SRE of Mexico, on October 4, 2018, and that “El Menchito” He was notified when he was interned at CEFERESO No. 13, located in Miahuatlán de Porfirio Díaz, in Oaxaca.
Oseguera González filed an amparo against his surrender, but Adriana Alejandra Ramos León, Eighth District Judge in the State of Oaxaca, denied him the protection of justice two months ago, a resolution that was confirmed by the Second Collegiate Court in Criminal Matters and the I work based in the same entity.
Neither the Attorney General’s Office nor the Judicial Branch of the Federation (PJF) have publicized the trial against the extradition of “El Menchito”, which was filed under file number 363/2019 in the aforementioned federal court.
A few days before the conclusion of the Government of Barack Obama, the Federal Court of the District of Columbia, in Washington, ordered the apprehension of “El Menchito.” The capture was conducted last December 14 for possession and use of a firearm.
As well as by conspiracy to distribute cocaine and methamphetamine, with the knowledge that he would be extradited to the US, whose authorities seek to seize all the properties, investments and cash of Oseguera González.
Known by the DEA with the aliases of “Rubencito”, “El Rojo,” El Ruso “,” Junior “and” El Niño”, the US justice attributes these charges to” El Menchito” because it has indications that since 2011 imported and distributed drugs in that country.
However, in the demand for guarantees that was denied by the Second Collegiate Court in Criminal and Labor Matters of Jalisco, Oseguera González alleged that he is not the same person that the US authorities seek to judge, in addition to the penalties that he they would impose in the US, like life imprisonment, it is “unusual”, and Mexican legislation does not allow such punishments.
“['El Menchito'] argues that he is not the person that the United States government claims in extradition […] That he is not the son of ['El Mencho'] but of a different person […] so the statement of [a witness], it was used as a support to grant his extradition, since it warns that the witness identified a person other than him […] ”, states an extract of the amparo presented by Oseguera González.
“El Menchito” provided as evidence a forensic medical expert in the field of anthropometry and identification of persons, and in the matter of physiognomic identification by a particular expert, which was admitted on July 24, 2017, and released on July 6 of 2018.
The particular expert determined that the digital images of the formal request for extradition, by the US Embassy in Mexico, were technically deficient to carry out a comparative study of the facial features between them and those taken from Rubén Oseguera, when He was in the CEFERESO number 13, which is located in the Oaxaca municipality of Miahuatlán de Porfirio Díaz.
For its part, the Office of the Attorney General of the Republic (PGR) provided as evidence, the expert in the field of physiognomic identification, in which in its opinion of May 15, 2018, concluded that when analyzing the physiognomic features, inserted in the photographs to compare, it was determined that there is dimensional, chromatic and morphological correspondence of the facial characteristics, between the people who appear in the photograph and with the inmate at that time in the federal prison.
On September 6, “El Menchito” was transferred to the maximum security wing of CEFERESO, number 11, located in Hermosillo, Sonora, as announced by the Secretary of Citizen Security and Protection (SSPC) of the Federal Government, which explained that, before, Oseguera González was being held at the Federal Center for Social Readaptation, number 15, in Villa Comaltitlán, in Chiapas.
“The transfer was made in full compliance with the inmate’s human rights and based on article 52 sections I and III of the National Law of Criminal Enforcement, since it has special security measures,” the SSPC detailed in a card informative
The institution also recalled that Oseguera González has been indicted for various crimes and is pending an extradition request from the US Government. “The Secretariat of Public Safety and Protection reiterates its commitment to respect the human rights of this and all inmates held in the CEFERESOS of the country,” said the SSPC.
From the publication of a video on social networks, where alleged hitmen assured in July that “El Mencho” prepared the escape of his son; hence, Oseguera González was transferred from the Puente Grande prison, Jalisco, to CEFERESO number 11 of Chiapas.
José Reynoso Castillo, eighth judge of the District of Federal Criminal Proceedings of the state of Jalisco, acquitted on August 28 “El Menchito”, of the crime of Organized Crime -in the hypothesis of committing crimes against health-, in addition to ordering Your immediate and absolute freedom.
However, “El Menchito”, 29 years old, originally from San Francisco, California, United States, has opened other legal proceedings in Mexico, for other illicit acts, such as money laundering, violation of the Federal Weapons Law of Fire and Explosives, as well as bribery. In addition, the judge’s decision regarding Oseguera González can still be appealed by the FGR.
At the end of last May, despite the sanction imposed by the Federal Judicial Council (CJF) on a circuit judge for issuing rulings allegedly committed to organized crime, three magistrates of a Collegiate Court in Criminal Matters granted an amparo to Oseguera González, also known as “Junior”, “2″ or “02″.
The members revoked the protection that had denied a Unitary Court with residence in Zapopan, Jalisco, and decided to grant the protection of justice in favor of the alleged drug trafficker, who was prosecuted in two different cases for the crime of organized crime.
“El Menchito” has been in jail since January 2014. He was detained for the first time on January 30, 2014 in Zapopan, Jalisco. But on December 1 following a federal court returned his freedom. However, elements of the Army and Navy again apprehended him on June 23, 2015 and since then he is in prison.
-With information on Milenio and Reforma.
Source: http://www.borderlandbeat.com/2019/11/menchito-could-be-extradited-in-2-weeks.html
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