The US belies Vicentillo, says the Sinaloa cartel is without immunity
December 5, 2011 ·
http://www.proceso.com.mx/?p=290184
MEXICO, D.F. (Approved) .- The U.S. government has denied that it has
given "carte blanche" to the Sinaloa cartel to smuggle drugs in
exchange for information on rival cartels, as the defense says for
Vicente Zambada Niebla 'El Vicentillo', alleged member of the cartel
that benefited.
The federal prosecutor handling the case, Patrick J. Fitzgerald
referred to the trial judge Ruben Castillo that "no document exists"
to prove the case any benefit would have been to the attorney
Humberto Castro Loya, for the benefit of the cartel of Joaquin Guzman
Loera 'El Chapo'.
According to a court document that EFE had access, the prosecutor
said to judge Castillo there are no documents to prove an immunity
agreement that benefits the lawyer, "beyond a cooperation agreement."
Loya Castro is considered a key figure in the case because he worked
for 10 years as an informant for the U.S. Drug Enforcement
Directorate (DEA) and whose influence was allegedly used to be given
the agreement between federal agents and the Sinaloa cartel in
exchange for immunity .
According to lawyers who ask for a mistrial and immunity for
Vicentillo who was extradited to the United States in 2010, the
immunity covered the activities of the son of Ismael El Mayo Zambada
Garcia in that country.
But Fitzgerald says the partnership agreement did not provide immunity.
Judge Castillo asked the prosecutor to attach to his response and
cooperation agreement testimony of federal agents, as well as
confidential or secret documents that could value without the
presence of defense counsel because the disclosure of classified or
secret material to the public, or the defendant's defense, Fitzgerald
said "can threaten national security."
According to the prosecutor in "thousands of emails" and other
communications from Loya Castro agents and federal prosecutors "there
is no document that mentions the existence of an immunity agreement
with him or any other member of the Sinaloa Cartel.
"No document supports the impressive defense claim that the United
States Government granted the defendant (and other members of the
Sinaloa Cartel) immunity to act," the prosecutor said in his reply to
the judge, it contains affidavits two DEA agents and two federal
prosecutors who have dealt with Loya Castro from 2005 and El
Vicentillo since 2009.
The cooperation agreement signed with the DEA attorney, I promised to
report on activities of drug trafficking and money laundering rival
cartels of Sinaloa and did not include promises to pay money or
benefits related to charges pending against its members the United
States.
According to the report of the prosecution, Castro Loya's cooperation
led to securing several major shipments of narcotics and precursor
chemicals and "very useful intelligence for the United States
Government."
The defense has argued that Loya was the mediator of a meeting
between federal agents and Zambada Niebla in a Mexico City hotel in
March 2009, where he allegedly helped start the collaboration with
the DEA and El Vicentillo.
But the in declarations signed and delivered to Judge Castillo,
officials said, under oath, it was never up for discussion an
immunity agreement or cancellation of the charge, because they had
"no authority for it," and because it could only be authorized by the
Secretary of Justice of the United States. (DOJ)
A little over two months to initiate the formal trial against Zambada
Niebla, on 13 February, the prosecution gave defense counsel the
entire case file consisting of about four thousand pages.
The Vicentillo faces charges of conspiracy to smuggle and distribute
drugs into the U.S. for the Sinaloa cartel that, if proven at trial
next year, could make him liable to a maximum sentence of life
imprisonment.
He is currently held in the Metropolitan Detention Center in Chicago,
where his lawyers won a petition to be allowed outdoor recreation and
the rest of the population.
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