The three charges associated with drug trafficking and weapons have former Honduran president Juan Orlando Hernández in a court case that is almost impossible to win, concludes lawyer Rodolfo Dumas, renowned political and international affairs analyst, who spoke with LA PRENSA Premium.
Can you explain to us in general terms the legal case in which former President Juan Orlando Hernández is involved?
He is charged with serious crimes, including conspiracy to import drugs and weapons, as well as drug trafficking. Conspiracy in the United States has particular characteristics that will influence the final result of the former president, since this crime can be perfected within the process. The fundamental thing to prove this type of crime is to demonstrate the existence of a conspiracy. The seriousness of the charges is evident, especially given that they are interrelated. For this reason, the judge has ordered the joint evacuation of the process.
The recent recognition of guilt by police officer Mauricio Hernández and Juan Carlos Bonilla adds an unexpected element to the situation, intensifying the complexity of the case. This is compounded by the irrefutable fact that the former president’s brother, Tony Hernández, is already convicted of large-scale drug trafficking. This circumstance places the former president in an extremely difficult position, being the former president and the best informed person in the country. Convincing the jury that he had no knowledge of or participation in the conspiracy will be a considerable challenge.
Is Judge Kevin Castel predisposed, considering that when he sentenced Tony Hernández he also made reference to the fact that both he and his brother used the state apparatus for this activity?
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Judges in the United States are impartial, strictly adhere to the rules of procedure, and respect the presumption of innocence. The defense’s initial strategy aimed to argue that there was a conspiracy of criminals against him, although it is ironic; However, he has recently changed his focus, focusing more on the idea that he is helpless and that certain rights have been violated. This poses a temporal dilemma, as these arguments should have been presented in Honduras prior to extradition. Additionally, the defense has argued that President Hernández cannot have an impartial jury due to media coverage, although I believe this will be ruled out.
What are the key elements that the Prosecutor’s Office is using as support?
The conviction of Tony Hernández is available, which constitutes the fundamental piece to present to the jury and make them understand that this was an extensive conspiracy that involved police, military, politicians and a former president. This, without prejudice to the abundance of documents, testimonies, reports of the DEAvideos and photos that will be integrated into the process and that will hardly be refuted, especially since they have already been presented and admitted.
What will be former President Hernández’s line of defense?
He will insist that he actively fought against drug trafficking, trying to present evidence to support his actions against organized crime, but in the context of the accusation, this is insufficient, given that it is a conspiracy already corroborated by Tony Hernández’s conviction record. and other participants in the network. The former president’s arguments are progressively weakening.
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The message for the region is strong, and is not limited to this case alone. Recently, President Biden affirmed that corruption and organized crime are matters of national security, reflecting a focus against specific groups. There are precedents, such as the case of Noriega (former dictator of Panama), who was prosecuted under similar conditions in the United States and finally convicted, in addition to members of drug trafficking cartels who ended up being convicted through the concatenation of circumstantial evidence.
2024-02-10 18:10:03
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