Government has evidence indicating El Chapo was not top leader of Sinaloa Cartel
Chivis Martinez for Borderland Beat
More importantly, the government deliberately ignores the value to the defense of at least 9 other items (bullet points 4, 5, 9, 10, 11, 12, 19, 21 and 23) that specifically indicate that Mr. Guzmán was not the leader, nor a leader, of the so-called Sinaloa Cartel or some other drug-trafficking organization.
Since the favorable or exculpatory nature of that information escapes the prosecutors who “make a judgment as to the exculpatory character and materiality of evidence that might fall within the ambit of Brady,” Mr. Guzmán reminds the government of the first count in the indictment.
Count 1 charges that from 1989 to 2014, Mr. Guzmán engaged in a continuing criminal enterprise and that he “occupied supervisory and management positions,” and was “one of several principal administrators, organizers and leaders of the continuing criminal enterprise.”Doc. No. 14 at 5; see also 21 U.S.C. § 848(b). That the government can claim with a straight face that those specific items are not favorable or exculpatory strains credulity.
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Source: http://www.borderlandbeat.com/2018/06/el-chapo-not-top-leader-in-sinaloa.html
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