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Chivis Martinez Borderland Beat
Below is information gleaned from court documents regarding proposed jury instructions and verdict sheets.I had posted the sheets proposed by the government but below are the revised sheets and instruction and objection by the defense of some points which are noted below.
Murder conspiracy is the biggest bone of contention.Something I learned is not all charges are determined by “Beyond a reasonable Doubt”, but at least some are to be judged “by preponderance of the evidence” meaning more likely than not, a pretty low standard and what is used in civil court.
The government has not charged the defendant with substantive murder but a conspiracy to commit murder
To read in full access the posted documents found at the bottom o this post.
Proposed from filing
As you have heard throughout the trial, many of the acts alleged to have taken
place occurred outside the United States. Nevertheless, American law provides that the
defendant may be prosecuted here in the Eastern District of New York if you find, by a
preponderance of the evidence, that the defendant was first brought into the United States in
connection with these charges within the Eastern District of New York. It does not matter if
the defendant was brought to the United States involuntarily or in the custody of law
enforcement officers. The Eastern District of New York encompasses the boroughs of
Brooklyn, Queens, and Staten Island, as well as Nassau and Suffolk Counties on Long
Island.
Preponderance of the evidence
To prove something by a preponderance of the evidence means to prove that it
is more likely true than not true. It is determined by considering all of the evidence and
deciding which evidence is more convincing. If the evidence appears to be equally balanced,
or if you cannot say upon which side it weighs heavier, you must resolve this question
against the government.
Proof by preponderance of the evidence is a lower standard than proof beyond
a reasonable doubt. This is the only time in this case that you may use the preponderance of
the evidence standard to find that a legal element has been established.
Introduction
At all times relevant to this Superseding Indictment, unless otherwise indicated:
1. Since the late 1980s, the Mexican Federation (the “Federation”) existed
as an organized crime syndicate founded upon longstanding relationships between Mexico’s
major drug trafficking kingpins. The Federation functioned as a council with representatives
from the respective drug trafficking organizations of its principal leaders, including the defendant JOAQUIN ARCHIVALDO GUZMAN LOERA, also known as “El Chapo.
Two Leaders
In the early 2000s, JOAQUIN ARCHIVALDO GUZMAN LOERA and
ISMAEL ZAMBADA GARCIA formed a partnership that led to the transformation of the
Federation into the Sinaloa Cartel, which became the largest drug trafficking organization in
the world. The Sinaloa Cartel had a structure that included thousands of members, including:
(a) the leadership of the Sinaloa Cartel, who were the ultimate decision makers in the
organization with respect to its drug trafficking and money laundering activities, as well as its
corruption and enforcement activities undertaken to preserve and protect its illegal activities;
(b) security personnel, who protected the leadership of the Sinaloa Cartel and engaged in
violent acts to further the goals of the organization; (c) plaza bosses, who controlled certain
territories for the Sinaloa Cartel and were responsible for transporting drugs through those
territories; (d) transporters, such as boat and submarine crews, pilots and truck drivers, who
transported drugs from Colombia through Mexico and into the United States; and (e) money
launderers, who funneled drug proceeds from the United States back to Mexico. While at
times there have been rifts and infighting among the leaders of the Sinaloa Cartel, they
generally coordinated their criminal activities, shared and controlled Mexico’s trafficking
routes, resolved conflicts over territory, minimized inter-organization violence and ensured the
Sinaloa Cartel received official or non-official protection.
Acts of violence
The defendants JOAQUIN ARCHIVALDO GUZMAN LOERA and
ISMAEL ZAMBADA GARCIA and other leaders of the Sinaloa Cartel also employed
“sicarios,” or hitmen, who carried out hundreds of acts of violence, including murders,
assaults, kidnappings, assassinations and acts of torture at the direction of the defendants.
The defendants directed and ordered these acts of violence for a variety of reasons, including but
not limited to:
(a) Promoting and enhancing the prestige, reputation and position of
the Sinaloa Cartel with respect to rival criminal organizations;
(b) Preserving and protecting the power, territory and criminal
ventures of the Sinaloa Cartel, including but not limited to the Sinaloa Cartel’s control over
drug trafficking routes over the U.S.-Mexico border;
(c) Enforcing discipline amongst its members and associates by
punishing disloyalty and failure; and
(d) Protecting members of the Sinaloa Cartel from arrest and
prosecution by silencing potential witnesses and retaliating against anyone who provided
information or assistance to law enforcement authorities.
COUNTS
COUNT ONE
(Continuing Criminal Enterprise)
Violations One Through Eleven
(International Cocaine Distribution with the Norte del Valle Cartel)
Villa Cifuentes Org and Sinaloa Cartel
Other suppliers
Violations Twenty Through Twenty-Three
(Cocaine and Heroin Distribution)
COUNT TWO
(International Cocaine, Heroin, Methamphetamine and
Marijuana Manufacture and Distribution Conspiracy)
COUNT THREE
(Cocaine Importation Conspiracy)
COUNT FOUR
(Cocaine Distribution Conspiracy)
COUNT FIVE
(International Distribution of Cocaine –
Approximately 450 Kilograms of Cocaine)
COUNT SIX
(International Distribution of Cocaine –
Approximately 12,000 Kilograms of Cocaine)
COUNT SEVEN
(International Distribution of Cocaine –
Approximately 10,500 Kilograms of Cocaine)
COUNT EIGHT
(International Distribution of Cocaine –
Approximately 8,000 Kilograms of Cocaine)
COUNT NINE
(Use of Firearms)
COUNT TEN
(Conspiracy to Launder Narcotics Proceeds)
CRIMINAL FORFEITURE ALLEGATION
AS TO COUNT ONE
(Continuing Criminal Enterprise)
If any of the above-described forfeitable property, as a result of any act
or omission of the defendants:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be