El Chapo Trial The CHUPETA Transcript of Plea Hearing New York 2010
El Chapo Trial The CHUPETA Transcript of Plea Hearing New York 2010
12 APPEARANCES:
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22 Court Transcriber: RUTH ANN HAGER
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23 211 N. Milton Road
Saratoga Springs, New York 12866
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6 record.
14 David Zapp.
15 THE COURT: And we have a Spanish interpreter.
21 I’m saying once it’s translated into Spanish for you by Mr.
22 Anderson?
1 catching it.
2 THE COURT: Why don’t we start with that?
23 imprisonment possibility.
24 MS. POKORNY: Well, I see what you’re saying that
23 allocution yet.
24 MS. POKORNY: Yes.
1 we’ve taken --
2 THE COURT: Intended to encompass those racketeering
3 acts?
23 count, Count I, are distinct drug loads that were not charged
24 in the Washington, D.C. RICO indictment.
7 Thank you.
18 determined.
19 I am a magistrate judge and I do not have the
25 guilty on the same terms and conditions that are being offered
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22 sit?
25 your lawyer? Did you understand it and did you sign it?
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4 purposes?
18 that you said you understood your rights and wanted to waive
19 them or give them up. Once that happens if you go forward
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5 truth today and I will direct that you be placed under oath
6 before we proceed. Please rise with your attorney.
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8 problems?
9 THE DEFENDANT: Never.
10 THE COURT: Is your mind clear today?
13 on here so far?
14 THE DEFENDANT: Yes, sir.
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13 over your case and the documents in your case very carefully
14 and have you, in fact, done so?
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3 attorneys?
8 Number 04-CR-126 and one before this court, the United States
9 District Court for the Eastern District of New York under
10 Docket Number 04-CR-1064 and in that case it is the third
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1 indictment?
2 THE DEFENDANT: Yes, sir.
4 are charged with a different crime but one that also involves
5 your alleged role in what the prosecutors call the Norte Valle
6 Cartel. In this indictment you are charged with being a
15 these charges and all of the other charges pending against you
16 and it doesn’t matter whether you committed these crimes or
17 not with respect to that right. Every defendant, one who is
18 guilty or one who is not guilty, has the right to plead not
19 guilty and require the prosecution to prove its case at trial.
20 Do you understand?
21 THE DEFENDANT: Yes, sir.
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13 was the choice that you made; on the other hand, no one could
14 require you to testify at your trial over your objection.
20 that they could not take your silence into account or hold it
21 against you when they decided what their verdict should be.
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3 and all of the other rights that I have just described to you.
20 that?
21 THE DEFENDANT: Yes, sir.
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1 guilty are based upon facts that really happened. You do not
2 have to answer these questions unless you wish to finalize and
4 questions and you admit that you committed the crimes you are
7 understand that?
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4 attorneys?
7 signed?
25 return for your guilty pleas other than what is written down
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1 in your agreement?
2 THE DEFENDANT: No, sir.
5 the Eastern District of New York and one from the Federal
6 Court in Washington, D.C. I need to review with you now the
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4 to that?
11 that role. The statute you are accused of breaking, the law
12 you are accused of breaking requires a prison sentence of at
18 time that doesn’t even start running until you finish serving
19 whatever prison sentence is imposed, if you ever do. If you
20 are ever released from prison, you will then be subject to the
21 rules of supervised release. Although you will almost
23 released from prison I will still tell you that if you somehow
24 remain here you will be subject to a long list of rules that
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11 in the D.C. case or whether you will get credit for both for
12 the same effort or time incarcerated. Do you understand me or
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8 you need to say something privately, just turn the green light
9 off and it won’t be overheard.
10 MR. NALVEN: Yes, Your Honor.
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22 achieve that goal and if she were to signal that she objected
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23 back and explain what we’ve already done and where we’re
24 headed.
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1 explain to you are what the maximum penalties are that the law
2 provides. Because of the manner in which you were brought
23 and could be as long as the rest of your life, that you will
24 be subject to a term of supervised release and if you break
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18 does not impose sentences on both counts that exceed that term
19 of incarceration. Is that correct, Ms. Pokorny?
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22 3.
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1 understand that?
2 THE DEFENDANT: Yes, sir.
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1 understand that?
2 THE DEFENDANT: Yes, sir.
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4 range.
11 that?
12 THE DEFENDANT: Yes, sir.
25 point of view?
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3 you decide at some future date it was a bad idea or you don’t
11 or anything else?
12 THE DEFENDANT: No, sir.
15 clear to you?
16 THE DEFENDANT: Yes, sir.
17 THE COURT: Are you ready to enter your pleas?
23 whatsoever.
24 THE COURT: Mr. Ramirez-Abadia, with respect to
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25 written statement you would like to read and file with the
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3 find the words but the facts that they communicate are your
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4 two indictments.
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5 entered into the financial system through cash and the use of
6 sham companies. And I also had hid assets that were the
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8 members?
9 THE DEFENDANT: Yes, sir.
10 THE COURT: Did the North Valley Cartel generate
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7 but I -- now that I’m saying it out loud I think the drug
18 release.
19 THE COURT: Yeah.
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5 future.
6 Is there anything further for my attention before we
25 States of America.
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3 entitled matter.
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