Genaro Garcia Luna will face 15 agents and 6 cooperators

Genaro García Luna will face 15 agents and 6 cooperators in a drug trial, after the judge’s refusal to drop charges

Genaro García Luna was Secretary of Public Security in the Government of Felipe Calderón.

Photo: ALFREDO ESTRELLA/AFP/Getty Images

NEW YORK.- The former Mexican Secretary of Public Security, Genaro Garcia Lunareceived a setback from judge Brian Cogan, who rejected the motion to withdraw four criminal charges, in addition to revealing that there are at least 15 agents and six cooperators who would be part of the drug trafficking trial.

Without outlining a specific position against García Luna, who led the so-called “war on drugs” in Mexico for more than 10 years, Judge Cogan establishes that a jury must determine whether prosecutors prove that the former Mexican official committed the crimes for which he faces accusationsafter revealing his possible links with the Sinaloa Cartel.

The main argument of the defense, led by lawyer César de Castro, is that the accusations against your client are “untimely”, In other words, the 2019 accusation contemplates events from before 2014.

The defense even wanted the main accusation: leading a criminal organization for a long period, to be withdrawn, since said assumption “would have expired.”

That accusation and subsequent ones are established as “conspiracy,” that is, prosecutors must prove that the actions of García Luna and his associates were conspiratorial acts.

“All the government must show is that the conspiracy ‘did not end more than five years before the indictment was filed,’” Judge Cogan says in his decision.

The other charges are also “intentional conspiracy to distribute cocaine,” “conspiracy to distribute with the intent to distribute cocaine,” and “conspiracy to import cocaine” into the United States.

The decision on these facts must be made by a jury, said Judge Cogan, who mentioned the possibility that García Luna could challenge charge four (conspiracy to import cocaine), if he can demonstrate that he left the “conspiracy” before December 2014.

“Mr. Garcia Luna claims that he retired from the Conspiracy when he resigned from public service in 2012 and moved to Miami,” the court document states. “There may be numerous reasons why Mr. Garcia Luna resigned from public service, but they are not unequivocally attributable to withdrawal from the Conspiracy.”

Another of the defense arguments of the ex-secretary of the Government of Felipe Calderon and former federal official vincent fox, is that García Luna lied to the FBI and the Office of Citizenship and Immigration Services (USCIS) in the application for his naturalization. The judge is not leaning one way or the other and challenges federal prosecutors to show that that action had a direct connection to the other conspiracy crimes.

“The Government responds that lying to the FBI and in a naturalization application constituted acts in support of the Conspiracy. The arguments of both parties start from a false premise”, says the judge.

evidence and witnesses

January 9, 2023 is marked as the start date of García Luna’s trial in the Eastern District Court based in Brooklyn, New York.

Prosecutors have amassed thousands of documentary evidenceincluding information from the governments of Mexico, Colombia, Panama, the Dominican Republic, among others, as well as information from witnesses, including audio and video about the “mini cartel” that operated in the Mexican government, as revealed.

The defense accused prosecutors of failing to turn over evidence, but Judge Cogan notes that this has been contested by prosecutors, who have also asked for some information protections so as not to put witnesses at risk.

“The Government responds that it has already provided the defense with ‘an extraordinary volume of early material… including 15 law enforcement witnesses and six possible cooperating witnesses”, indicates the judge.

Prosecutors have also called for certain security measures for potential jurors and have proposed a list of 79 questions to choose from for the panel.