DAY EIGHT: Honduran President Juan Orlando Hernandez (JOH)’s brother, Tony Hernandez on Trial in New York
/Today, an HSN representative attended the trial in New York.
What Happened Today:
Three witnesses for the prosecution testified: DEA Special Agent George Papadopoulis (sp?); cooperating witness, Fernando Josue Chang Monroy; Firearms expert Cody Toy.
Prosecution finished presenting their case. Defense declined to present witnesses. Tony Hernandez informed the judge that he would not testify.
Key Details that Surfaced:
Tony allegedly lied to the DEA/US Government when he met with them in October 2016. He lied about his relationship with drug traffickers including Leonel Maradiaga Rivera (from Los Cachiros), “Don H”, “El Rojo”, Mario Calix Hernandez and others.
Tony informed other drug traffickers like Chang Monroy that he could obtain and sell any type of weapon that other traffickers wanted. Tony sold weapons and ammunition to Chang Monroy who noted that the ammunition had lot numbers on them, which was odd because its an indication that they came from a government institution(s).
Tony Hernandez sold 40 M-16 guns to Chang Monroy, who then sold them to the Sinaloa cartel in Mexico.
Chang Monroy was asked why he originally lied about knowing Tony Hernandez upon his arrest. His response: “I was scared because I’m like other drug traffickers that are violent, but no other drug trafficker has a brother that is the President of a country that controls the police and the military.”
What Will Happen Tomorrow:
Closing arguments
More Details:
Testimony of George Papadopoulis, Assistant Special Agent in Charge (ASAC), Special Operations Division, DEA
He is part of 3 groups that investigate international drug trafficking inside the Special Operations Division.
Before working with the DEA, he worked in the DEA Headquarters for 18 months and prior to that, in the Bilateral Investigations Unit.
He was one of the agents that interviewed Tony Hernandez on October 25, 2016 in Miami when he voluntarily flew to the US to be questioned by US authorities.
They had a 3-hour window to conduct the interview.
The people that attended the meeting were Tony Hernandez’s defense, Tony Hernandez, Agent from DEA, Agent from the Southern District Court in New York, and a translator.
It started with the government explaining a “proffer” agreement and explaining the consequences of lying.
We showed Tony Hernandez two still pictures taken of the video filmed by Leonel Rivera Maradiaga (a Cachiro). Tony said he had never met Leonel.
The prosecutor informed Tony that he was not being truthful. We gave him time to consult with his lawyer.
We played a portion of the video (taken from a video camera hidden inside Leonel Rivera Maradiaga’s watch) for Tony. He said that he recognized himself and that it was shot 6-7 years previously but he couldn’t determine where the meeting took place.
“Alero” Ramirez was mentioned. Tony said that he went to law school with him; that he worked with Los Cachiros, and said that he had met with him regarding documents for a construction company. Tony said that he believed that the Honduran government would not pay the company because of the sanctions imposed by the U.S. Office for Foreign Assets Control (OFAC). Tony said that he had met with him to discuss a hydroelectric project.
When asked about his relationship with Los Cachiros, Tony said that he never provided assistance or information to Los Cachiros. He said he had never met them but that was aware that they were drug traffickers.
Tony told us that he had met “Don H” in a fair in Gracias, Lempira and that he had met him twice through a childhood friend named Carlos Toledo.
Carlos Toledo had told the Tony that he and another were working with Don H using “Christmas lights” [light placed on the landing strips] to receive planes on landing strips in Copan.
Tony Hernandez told us that he had met with “El Rojo” in approximately 2007/2008 2-3 times and said he knew he was a drug trafficker. Tony told us that Don H had 9 phones on him. There last meeting was 2011.
Tony said that his meetings with Don H were short and that drug trafficking was not discussed. Said he never received money from or provided assistance to El Rojo.
Tony referred to Mario Calix and described having a political relationship with Calix for 30 years. Said that Calix had been involved in drug trafficking for 5 years.
Tony said that he thought Calix worked with El Rojo and described the conflict between El Rojo and Don H but said that Calix still worked with El Rojo.
Regarding the Valle Valle cartel/brothers, Tony said he was aware they were drug traffickers but had never met them. He had had contact with them through Toño Frontera and described that he had been contacted by Frontera 3 times.
Tony mentioned the assassination plot to kill JOH and said that it was the Valle Valles that were behind it.
Tony made some broad statements about drug trafficking saying that he had never received money from drug traffickers and had never provided assistance to them.
At the end of the interview, the prosecutors told him that he wasn’t being truthful about his relationship with drug traffickers.
The defense pushed the agent on the fact that there is no record in evidence that the meeting in Miami was filmed or that agents took notes. The prosecution clarifies that the defense didn’t ask for it to be recorded.
Additional Segments of the Video of Tony’s Interrogation Upon Arrest Were Shown.
The defense had previously asked to introduce the additional video segments that the government had cut from the video that was originally shown. The DEA Agent that had presented the video was not brought back for questioning or cross-examination as per the Judge’s decision.
Testimony of Collaborating Witness, Fernando Josue Chang Monroy
Chang Monroy goes by many nicknames including “El Primo,” “Pija,” “Loyita Ayala” and others.
From Guatemala City but currently imprisoned in Brooklyn MDC.
He was arrested in Guatemala City in approximately 2015 and extradited from Guatemala to the U.S. He plead guilty in approximately 2016 for trafficking drugs into US.
Entered plea deal in approximately 2016 with prosecutors in Richmond, Virginia (his plea deal is not with SDNY authorities).
Was sentenced to 262 months in prison but this may be reduced if he cooperates, tells the truth, etc.
Started trafficking drugs in 2001.
He is asked to stand up and state if he knows anyone in the courtroom. He stands and identifies Tony Hernandez.
He made his living by trafficking drugs. Trafficked approximately 200,000 kilos to the US.
Has been involved in 15 killings.
The last time he saw drug traffickers that he worked with was: El Che – end of 2018 when he was being transported to another jail with him. Luis Valle – being transported to another jail as well at the end of 2018.
Also knew “Carlitos” [referring to Carlos Toledo] who he met in 2008. Carlitos was the right-hand man of El Rojo.
Spoke with Tony Hernandez about Carlitos who said that he was a good friend and from the same town.
Carlitos told him that Tony was supplying El Rojo with drugs.
Carlos said that Tony could kill anyone he did not like.
RELATIONSHIP WITH TONY HERNANDEZ
Of the 200,000 he trafficked, he moved approximately 15,000 kilograms with Tony Hernandez.
The first deal he made with Tony was in approximately 2008 when he purchased 600 kilograms of cocaine from him. El Rojo, Toñito Santos, los Valles, “Che” and Tony Hernandez were involved in the deal.
Chang Monroy paid for the drugs in $100 bills as per instructions given to him by Toñito and El Rojo.
Tony Hernandez told him that Tony could get any weapon he wanted. He made specific reference to a F7 weapon known as a “cop killer.”
In 2012, Chang Monroy purchased M16 rifles from Tony.
Prosecutors showed pictures of El Rojo, “Che” and Luis Valle and Miguel Arnulfo (El Colocho) Valle and Chang Monroy identified them all.
In the 2008 deal, Tony Hernandez was the drug supplier according to what Toñito Santos told him. Chang Monroy was the buyer. He received the drugs at the Guatemalan-Mexican border then sent them to Mexico City. He then sold them to the Sinaloa cartel that he identified as being the largest and most violent Mexican drug cartel.
The deal was made with “El Guero” who worked with the Sinaloa cartel. El Guero told him that the drugs were being sent to the US
Chang Monroy initially lied about his relationship with Tony Hernandez. When asked by the Prosecution (after the defense asked him about lying), Chang Monroy said: “I was scared because I’m like other drug traffickers that are violent, but no other drug trafficker has a brother that's the President of a country that controls the police and the military.”
FIRST DRUG TRANSACTION WITH TONY HERNANDEZ
First met Tony in approximately 2009. They met in the Intercontinental hotel in San Pedro Sula. Toñito Santos, El 5, Chang Monroy and Tony Hernandez were in the meeting.
He learned of the meeting through Toñito and that the purpose was to purchase 700 kilograms.
Toñito informed him that he couldn’t play around with Tony Hernandez because he could kill them.
Tony informed them that he had a kitchen (laboratory) to make cocaine and that he had police working with him.
Cocaine stamps (see below) were discussed in the meeting.
All of the people in the meeting were armed with 9 mm weapons.
Tony left the meeting with 4 other people. All dressed in military uniforms.
After the meeting, Chang Monroy went to El Espiritu, Copan but stopped in La Entrada, Copan to speak with the police chief at the police post.
They told the police chief that they were moving 700 kilograms of cocaine that they bought from Tony.
The police chief said that he had already been informed and that Tony had called them to tell him that they (Chang Monroy and others) would go speak with him.
After, we went to El Espiritu, Copan where we met with Luis Valle and inspected the cocaine that we later picked up at the border of Guatemala-Mexico. “Che” delivered it to us at the border. We then took it to Mexico City and sold it to the Sinaloa cartel.
There were approximately 20 men when I met with the Valles armed with Rifles, AK 47s, and M16s.
The cocaine was stamped with TH and it was wrapped in plastic.
Tony asked him after the 2009 purchase, if he liked the quality of the cocaine. Tony said it would always be the same quality. Chang Monroy said that he tested the cocaine and it was 99% pure. He paid approximately $10,000 per kilogram.
I continued drug trafficking with Toñito Santos, the Valles and Che. My last transaction was approximately 2010.
WEAPONS DEALS WITH TONY HERNANDEZ
I made two weapons deals with Tony in approximately 2011 and 2012
The first deal: I purchased approximately 100,000 ammunitions of caliber 556 and ammunition for FALS [Light Automatic Rifle]. I paid $40,000 for them.
I knew Tony Hernandez was involved because Toñito and El Rojo told me. I bought the ammunition from them.
Rojo gave me the ammunition at the Guatemala-Honduras border.
It was packaged in packs of 30 units and stamped with a lot number – the lot number was unusual because I had purchased ammunitions before but this purchase came with a lot number on it.
I gave this ammunition to a Mexican cartel.
I previously purchased ammunition from Colonel Contreras Ezquerro.
Second deal: I bought 40 M16s. Sergio Tunino (not sure if that's his name) delivered the arms – he’s one of “Che’s” workers. Sergio told me that Tony Hernandez sent the weapons.
I sold them to “El Guero” in the Sinoloa cartel along with 600 kilograms of cocaine and kept 7 of them. The 600 kilos I sold were stamped with ‘TH’.
COCAINE STAMPS
Chang Monroy said he was familiar with stamps used to mark the cocaine.
He discussed cocaine stamps with Tony Hernandez
The 600 kilograms that he purchased from Tony in 2008/2009 were stamped with “Tia” stamp on wrapping and a cow’s head stamped on the cocaine kilogram itself. It was wrapped in plastic.
Tony used different stamps – TH, “Tias”, “5”, Loca and stick figure stamps
Tony told him that the “Tia” stamp was made for a Guatemalan drug trafficker, Doña Tia.
A picture is shown of 5 individuals and Chang Monroy is asked to identify the people in the picture. There is one woman and four men. They are: Doña Tia, Colocho, El 5, Don Luis (Valle) and Che.
WEAPONS, AIRPLANES AND RADARS (AKA ‘TV’)
I told Tony Hernandez (possibly in the 2009 meeting?) that I could buy any airplane in the US and bring it to Honduras or Guatemala.
I told Tony that I sent various planes to Venezuela to pick up drugs and that they were received in Honduras.
Tony said that he could get any type of weapons that I wanted, specifically 5.7 guns, RPG7s and M16s.
I provided drug traffickers with airplanes. I provided El Rojo with two airplanes. The names of the pilots are Felipe Luis and Piloto “Perro” (I didn’t know his real name).
The planes were purchased from the US. The tail numbers had ‘N’ in them. ‘N’ is the registration for planes in the US.
Chang Monroy was shown a picture of a plane by the prosecutors. He identified it as a Piper brand plane referred to as a Piper Navajo.
He would modify the planes by drilling holes into the main tanks, install holes and pumps into the center of the plane to pump the fuel from cabin to main tanks. This would allow the planes to travel greater distances to Venezuela to pick up the cocaine.
TRANSPORTING AND LANDING PLANES WITH DRUGS
Landing stripes were made in areas away from the population in mountainous areas. Tractors were taken there to make the strip.
Lights for drug planes to land would light up the area to show where the planes could land.
The lights in the beginning (of the strip?) were green, then blue, then red to signal to the pilot that the landing strip was ending.
Is familiar with San Andres Islands, which are located in the Atlantic in front of Nicaragua. The Islands are owned by Colombia.
I used the San Andres Island. It was a stockpile center for drugs arriving from Colombia and being brought into Honduras.
PHONES AND COMMUNICATION
I communicated with drug traffickers via cellphone, specifically blackberry phones.
When I traveled to Europe and other countries in Central America, I would not take my phones with me in order to avoid problems in the airports in case they searched my phones.
PLANS TO ASSASSINATE JUAN ORLANDO HERNANDEZ
Chang Monroy was given a 50-calibre machine gun by a hitman named ‘Palo’. I gave it to “Che” (a drug trafficker) and found out ~10 days what it would be used for
I was told by one of Che’s employees that the “beautiful” weapon would be used to kill the President of Honduras.
Later, I spoke to Che about it and he confirmed what I was told. Che said that the Valle Valles had put a plan together because they had given money to JOH through Tony.
Testimony of Cody Toy, Firearms Enforcement Office, Bureau of Alcohol, Arms and Firearms (ATF).
Has been with ATF for 3.5 years. Served in the Marines. Has testified as an expert witness three times.
Walked into the courtroom with a cart of 7 weapons, many were quite large.
Has over 800 hours of training in weapons, weapons identification, and has taken outside trainings about weapons including classification of weapons according to two different US laws (National Firearm Act and Gun Control Act).
ATF has a “reference collection” of weapons that is used like a library they use to compare weapons that are sent to them.
Was shown several pictures of weapons, some of which were found on Tony’s phone. He then went to his cart to demonstrate the weapons to the jury and answered questions such as if they are semi-automatic, automatic, what their firing range is, and the rate of fire of many of the weapons. Weapons that were discussed and displayed to jury include:
Kel-Tec PM semi-automatic weapon, range: 50 m
Short barrel AR rifle.
Standard AR rifle (semi-automatic). Rate of fire: 70-100 rounds/minute.
M16-style rifle (machine gun). Rate of fire: 700 rounds/minute. Range: 550-600 m.
AK47 (semi-automatic and automatic). Rate of fire: 600 rounds/minute. Range: 400 m.
IMI Galeo. Rate of fire: 600 miles/minute; range: 400 m
FN57 “Cop killer”.
FS 2000 gun (semi-automatic). Rate of fire: 800 rounds/min. Range: ~550 min.
RPG
M60
WEAPON WITH “JUAN ORLANDO HERNANDEZ, PRESIDENT OF THE REPUBLIC” ENGRAVED ON IT.
Government Exhibit. Gun with “Juan Orlando Hernandez, President of the Republica” engraved on it.
Was showed the picture of gun that has Juan Orlando Hernandez inscribed on it.
Identified by the expert as a CZ scorpion bow gun. In the picture, there are four dots underneath the “Juan Orlando Hernandez” inscription. The four dots indicate whether the weapon is being used as a semi-automatic, on the burst setting; or a full automatic, etc.
The ATF collection does not have a CZ Scorpion bow gun that can be turned into a full automatic (like the JOH gun)
It can fire 1,150 rounds/minute as a machine gun and has a range of 250 m.
Closing Arguments:
Prosecution has 2.5 hours, followed by the defense for 2 hours, 15 minutes, and then prosecution has another 30 minutes then the jury will be given instructions and the case will be given to them.