DAY TEN: Honduran President Juan Orlando Hernandez (JOH)’s brother, Tony Hernandez on Trial in New York

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Photo of Tony & court ProHN.jpg

What Happened Today:

  • The judge finished giving instructions to the jury. Case given to jury for deliberations at 11:30 am. Then we waited … and waited some more

Key Details that Surfaced:

  • At approximately 3:30 pm, the jurors asked the court for copies of the transcripts of the witness testimonies from collaborators "El Rojo", Alexander Ardon, and Fernando Chang Monroy.

What Will Happen Tomorrow:

  • Waiting … until the jury reaches a verdict

More Details: Judge’s Instructions to the Jury

NOTE: These notes were not taken by a lawyer and therefore are based on what the author understood in court based on the judge’s communication with the jury.

THE JUDGE INCLUDED INSTRUCTIONS THAT INCLUDED:

  • What is reasonable doubt?

  • What type of evidence should be considered? Testimonies, physical evidence and stipulations

  • Types of evidence: Direct and circumstantial

Then the judge outlined the four counts that Tony is accused of, what they mean, defined legal concepts and words, and explained additional questions or ‘Special Interrogations’ that the verdict must include:

COUNT ONE:

To be found guilty of this count, these two acts must have occurred beyond a reasonable doubt:

1.A conspiracy is an agreement or understanding between two or more people to engage in one or more of the following:

a) Import a controlled substance from outside the US to the US

b) Manufacture, possess or distribute the controlled substance knowing it would be unlawfully imported into the US

c) Manufacture, possess or distribute or distribute cocaine using an aircraft registered in the US.

2. That the defendant knowingly and intentionally associated with and joined in conspiracy.

The jury must decide whether or not defendant committed (or not) each act in A, B, and C and specify. But in order to be found guilty on this count, the defendant only needed to be involved in one of A,B, and C. The jury also needs to specify what controlled substance was imported. In this case its cocaine. And they need to specify the quantity of cocaine, specifically, if it was 5 kilograms or more.

COUNT TWO: Using and carrying machine guns and destructive devices

Must satisfy the following criteria and find the defendant guilty beyond reasonable doubt.

1.     That the defendant committed crime in count 1 between 2004 and approximately 2016.

2.     Defendant knowingly used or possessed firearms or destructive devices to aid in committing the crime outlined in count 1.

Definitions:

  • Use – Active employment of guns and destructive devices. The defendant didn’t have to actually fire or attempt to fire the weapons. Use can also refer to displaying or leading others to believe or know that he has the weapons.

  • Carry – Government must prove beyond a reasonable doubt that the defendant had a machine gun within his control to commit the crime. One doesn’t have to hold the gun and can even have dominion or control of possession.

  • Possession – Having physical custody of an object. If the person has the ability to exercise physical control of the weapon even when its not in their possession, its still considered possession.

    • Having a gun license for the weapon is not a defense.

  • Machine gun – a weapon that shoots automatically more than one shot without manual reloading.

COUNT THREE:  Is also a conspiracy charge involving to agree to use or carry or possess weapons for drug trafficking purposes. Intentionally and knowingly agreed to the crime. Must prove:

1.     That a conspiracy existed between 2004 and approximately 2016

2.     Must have been a knowing participate.

Special interrogatory: the jury must decide beyond a reasonable doubt that the crime was committed and the determine whether a machine gun or destructive device was used.

COUNT FOUR: Making false statements to federal agents. The indictment includes information about two different false statements that were made by the defendant. The decision must be based on whether the defendant knowingly and willfully lied about:

1.     Never accepted money from drug traffickers for any purpose in any way

2.     Never provided assistance to drug traffickers in any way.

The government does not have to prove that he lied about both.