Miami. The American judge Lauren F. Louis, in charge of the extradition trial of the former governor of Chihuahua (Mexico) César Duarte, accused in his country of diversion of money and electoral crimes, this Thursday presided over the hearing on bail of the Mexican, without taking any decision in this regard.
The defense has until next Tuesday to deliver translations of documents cited at today’s hearing for the Miami district judge to later make a determination.
During a videoconference hearing of more than three hours, the lawyers of the Mexican politician and the United States Attorney, who represents the Government of Mexico, presented the arguments to Louis, who must determine if there are “special circumstances” for his release. .
Duarte, who alleges “political persecution” of his successor “in office, Javier Corral Jury, and “danger” for him if he returns to his country, he heard the arguments through an interpreter.
MANY VICTIMS IN MEXICO
Prosecutor Jason Wu assured during the hearing that there are no special circumstances to grant Duarte bail, since he considers that there is “danger of flight” and also risk for the community.
Wu stressed that the crimes “he faces in Mexico are” very serious, where “there is not just one victim, but many: the people of Chihuahua.”
Also read: César Duarte’s wife seeks to avoid an arrest warrant; judge denies it … for now
He added that a whole community of millions of inhabitants was damaged by the transfers of more than 6 million dollars that he made as governor to two companies in which he was the majority shareholder.
Wu, on the other hand, indicated that “there is no cooperation” between Duarte and the United States government and that the contacts that have existed between the two seek the “self-interest” of the former governor and are not part of any criminal investigation against someone else.
To emphasize that he is not a fugitive or that he was hiding, Duarte’s defense, 57, had argued in a motion that he had been “cooperating” with the US government for more than three years.
During the hearing, the Mexican’s lawyers, however, clarified that more than cooperation, the “point” is that Duarte does not represent a flight risk because he has been “in contact” with the United States authorities.
Juan Morillo, one of his lawyers, emphasized that Duarte never hid or changed his name and that he was even willing to turn himself in.
He also pointed out that his whereabouts in Miami were well known, and gave as an example that the former governor had an appointment with the immigration authorities of that city of Florida these days, as part of his asylum application in the country.
In this sense, Morillo also pointed out that Duarte has no interest in fleeing the country because, among others, he has three children who are US citizens and that all of his assets are in this nation, because those in Mexico “are frozen.”
Duarte, imprisoned in Miami since last July 8, faces extradition to his country for the crimes of “aggravated embezzlement and aggravated conspiracy.”
MARTINELLI CASE
For purposes of bail, prosecutor Wu compared Duarte’s case with that of former Panamanian President Ricardo Martinelli (2009-2014), extradited in 2018 to his country, where he was accused of illegal wiretapping and embezzlement.
He recalled that Martinelli was facing charges that affected an entire country and that during the process he was not released on bail.
In that sense, Duarte’s defense said that they were two very different processes, noting that the former governor and his wife came to the United States in search of medical attention after the helicopter accident in which he almost lost his life.
He also added that Duarte, unlike Martinelli, who wanted to return to Panama, has his family nucleus in the United States and that he has no contact with the Government of Mexico.
On the other hand, the defense, also made up of lawyers Armando Rosquete Bell and Henry Philip Bell, said that it would be easier to continue the process with Duarte released, due to the restrictions due to the Covid-19 pandemic.
In this sense, the Office of the Prosecutor pointed out that the solution is not freedom but to give the defense more time. ”
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