In a virtual hearing presided over by Judge Brian Cogan, the defense for Genaro García Luna, former Secretary of Public Security in the six-year term of Felipe Calderón, asked the US prosecutor’s office to deliver on time the list of those who will testify in the trial and also demanded the delivery of probative material related to the same cooperators.
Given this, the government promised to deliver on December 9 the first list of participants who will testify in the process that will begin on December 17, although they said that some names that require “greater confidentiality” will be kept.
Judge Cogan established that prosecutors have to alert the defense at least 24 hours in advance if they are summoning a cooperating and/or protected witness – that is, it is considered “confidential”, and 3 days for others. – this to give the defenders the necessary time to prepare for these testimonies during the trial.
The government representative present at the hearing pointed out that “there are still witnesses who have not confirmed to us and we prefer to keep their names confidential and reserved until the day of their testimony.” But even in those cases, they promised to deliver the volume of material to García Luna’s defense so that they have time to review it, also revealing that “this second list of witnesses has less probative material” than that of the main witnesses already tied up.
This list will include both those who are “cooperating witnesses” (usually people facing charges or already serving sentences, including those considered “protected”) as well as a cast of officers and experts who have participated in the criminal investigation of the defendant.
Genaro García Luna, on trial in the US for cocaine trafficking, faced pressure from César de Castro, the former official’s lawyer, Judge Cogan recalled that in previous trials he had already called witnesses whose names the prosecution had given at the wrong time.
“I understand the precaution of the prosecution with the names of the witnesses, but I want them to tell me how soon are they going to reveal those names” after the government doubted and insisted on the date of December 9, it was when Cogan proposed that in these special cases, the name and probative material should be made known at least three days in advance, also avoiding the lawyer’s proposal in the sense that they should be “on Friday of every week.”
In the cases of witnesses with high confidentiality, only 24 hours were established to make their identity known. Issues related to the questionnaire that will be delivered to the alleged jurors who must have all the information related to the case by January 9 were also discussed.