“Socalj” for Borderland Beat
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Ruben Oseguera González, “El Menchito,” was set for a change of plea hearing Wednesday in Washington, D.C., where he was expected to admit to federal charges that accuse him of helping run his father’s organization. But instead, it appears he got cold feet following the sudden appearance of a new lawyer, Arturo Hernandez, hired by members of Ruben’s family.
According to his own statements, Hernández was hired by one of “Menchito’s” uncles in California, who would have hired the rest of the legal team, “after the family began to doubt the plea agreement.”
This caused the prosecutors to accuse, for example, that there could be a conflict of interest in the participation of Hernández since other relatives of “Menchito” have been accused and even sentenced for criminal acts.
“This is not the way I do business,” Judge Beryl A. Howell said upon learning of Hernández’s intention to join the litigation. “What are you doing here at the last moment, when this case has been in my file for years?”
Apparently, “El Menchito” was not entirely convinced of the agreement reached by the US government and agreed to hire Hernández to have “a second opinion.”
Last-Minute Change
But in late March, with his trial date fast approaching, court records show El Menchito notified prosecutors that he intended to change his plea to guilty. Such a move typically happens when a deal has been struck, which can involve the defendant cooperating or providing useful information in exchange for dropped charges or a reduced sentence.
Change of plea hearings are a routine business in federal courts, but the first sign of something unusual in El Menchito’s case came on the evening of April 11, before he was scheduled to plead guilty. Federal prosecutors filed a motion asking the presiding judge to hold a “conflict inquiry” over a new defense lawyer seeking to appear on behalf of El Menchito.
Potential Family Conflict
The attorney, Arturo Hernandez, was “purportedly retained by the defendant’s family on his behalf,” wrote prosecutors, who noted that several of El Menchito’s close relatives also face charges in related cases.
When Hernandez replied that he’d been retained by El Menchito the day prior, the judge asked: “Have you ever spoken to Mr. Oseguera-Gonzalez?” Hernandez said they had spoken, “Yesterday and the day before… over the phone. Numerous times.”
When Hernandez said he would be seeking to delay the trial, which had been scheduled on the judge’s docket since June 2022, Howell interjected: “No, no, no.”
“I was hoping that you would be understanding because there is a conflict between the client and his attorneys with respect to representation, and he hired a different attorney,” Hernandez said. “And it would be hard for a client to proceed when he has a conflict with his attorneys.”
Howell said she’d never noticed a conflict between El Menchito and his other defense attorneys, then ordered Hernandez to “go sit in the gallery,” effectively ending his participation in the hearing.
The judge then peppered El Menchito with a series of questions and informed him that, “just because you want new counsel doesn’t mean you automatically get it.”
“Well, I didn’t know that,” he said in English, adding a beat later, in Spanish through a court translator: “I just want a second opinion.” When the judge offered to give him an hour to talk things over with his lawyers, the CJNG cartel leader’s son asked for more time and to postpone the trial.
“I was not happy with the plea,” El Menchito said.
Defense Lawyer Arturo Hernandez
Arturo Hernández boasted of his experience for more than 40 years in different US federal courts and even said that he is known as ” the SWAT team of the legal profession “since he usually takes on complicated cases at the last minute.
In addition, he acknowledged that although he has not previously advised any member or head of the CJNG, on his list of clients there have been “high-profile criminal figures,” including leaders of the Sinaloa Cartel close to Joaquín “El Chapo” Guzmán.
Despite the fact that the names of the defendants he has defended were not specified in the interview, the name of Arturo Hernández appears in the team of lawyers of Alfredo Vázquez Hernández, also known by the name of Alberto Bazán Orozco, an operator of “El Chapo” identified as a coordinator of the cartel’s routes to send drugs to Chicago.
Source Vice