The Prosecutor’s Office of the Southern District of New York has made a request to Judge Kevin Castel regarding the petition for a retrial presented by the legal defense of former Honduran president, Juan Orlando Hernández.
Specifically, prosecutor Damian Williams has asked for a deadline of April 12 for the response to the petition filed by Hernández’s lawyers on March 22 to expire. This request was made in a letter sent on Monday, March 25, by Williams to Judge Castel.
The request for a retrial was made by Ana García, the wife of Juan Orlando Hernández, through lawyer Renato Stabile. The defense team cited rule 33 of the Federal Regulations of Criminal Procedure as the basis for their request.
The defense presented two main arguments for the retrial. Firstly, they argued that the US government’s expert witness, DEA analyst Jennifer Taul, provided false testimony regarding cocaine trafficking through Honduras during Hernández’s presidency. They claim that Taul misled the jury by stating that trafficking had increased, when official reports show a decrease.
Secondly, the defense argued that the trial against Hernández was improperly held in the Southern District of New York instead of the Southern District of Florida, where he was initially brought upon extradition from Honduras. They claim that false information was presented to the defense regarding the route taken by Hernández upon his extradition.
Juan Orlando Hernández was found guilty on March 8 on charges of conspiracy to traffic drugs and use of weapons. He is set to receive his prison sentence on June 26, 2024. This comes after the former head of the National Police, Juan Carlos “El Tigre” Bonilla, received his own prison sentence for the same crimes.
The fate of Hernández now rests in the hands of Judge Kevin Castel, who will determine whether a retrial is warranted based on the arguments presented by his legal defense.