The Trial of Genaro García-Luna Has Begun in New York

Prosecution & Defense Motions

Luna with then-US Secretary of State Hillary Clinton in 2009 during her visit to Mexico. She wrote a letter in support of Luna during his US Visa application in 2013.

The DOJ filed a motion to preclude the defense from offering into evidence any photographs of Luna meeting with US officials.

The defense argues that when he was a federal official he had relationships with United States officials at the highest level including former President Obama, they had never accused him of any wrongdoing at those times. De Castro demanded from the DOJ transcripts of all conversations and interactions that García Luna had as a federal official with US officials during the time period of 2001 to 2012.

According to the file shared by the journalist Keegan Hamilton through his Twitter account, in an interview after his arrest, the defendant lied about and even denied having met with a group linked to drug trafficking.

Luna’s defense looks to limit any mention of his wealth during the trial.

The most recent motion filed by the defense seeks to limit any mention of his wealth from the trial. Stating that his millions have come from private companies. “The government cannot establish a connection between the alleged bribes when he was a government official in Mexico before 2012 and exposing the accumulation of wealth or luxuries after 2012 when he was part of a private business,” wrote César de Castro. “When Calderón’s presidency ended, García Luna retired as a government official and moved to Miami, Florida, where together with partners he established a business that offered security advice to foreign companies and governments,” lawyer De Castro clarifies.

Prosecutors maintain that until December 9, 2019, when García Luna was detained by DEA agents in Dallas, Texas, he still continued to receive money from drug trafficking. But the defense claim that his lavish lifestyle in Miami was paid for by “his business partners” “they provided him a place to live in Miami – a large expensive house with a dock and boat for his use – as well as other perks. The government knows that he did not own the house and boat.”

The defense also notified the judge that the Mexican government accuses Luna of stealing over $250 million from that country. This was supported by García Luna’s lawyers in the investigation that the Financial Intelligence Unit of the Ministry of Finance and Public Credit (SHCP) of Mexico opened against him in 2019.

But, according to the indictment, on two occasions, the cartel personally delivered bribe payments to Garcia Luna in briefcases containing between $3 and $5 million. Based on financial records, by the time Garcia Luna relocated to the United States in 2012, he had amassed a personal fortune of millions of dollars.

The defense countered the prosecution’s motion to preclude evidence of meeting and working with US officials and law enforcement, stating that many of the potential witnesses were arrested and extradited to the US during Luna’s tenure.

Potential Witnesses

Following a request by the defense, and approval by Judge Cogan, the Department of Justice has promised to inform García Luna’s defense of witnesses it plans to bring no less than 3 days prior. This, however, mostly applies to specialists, law enforcement, and other witnesses including officials from all levels of government, federal agents, forensics, and specialists in finance, biometrics, and cyber communications.

The former narcos, convicted of crimes of their own, would greatly incriminate García Luna. These potential witnesses include Jesús “El Rey” Zambada García, Edgar “La Barbie” Valdez Villarreal, Dámaso “El Liciendo” López Núñez and his son, Dámaso “El Mini Lic” López Serrano, and Jesús Vicente “El Vicentillo” Zambada Niebla.

A former prosecutor of Nayarit, Edgar Veytia, could also testify; Colombian kingpins, such as Juan Carlos Ramírez Abadía, “Chupeta,” and the wife of Joaquín “El Chapo” Guzmán, Emma Coronel Aispuro, who is soon to be released could even be called as a witness. We do not officially know the list of bombshell witnesses yet, most notably “La Barbie” who recently, as discovered by Borderland Beat, is no longer listed in BOP prison custody. 

The DOJ does not have to disclose the names of these witnesses to the defense team until 24 hours prior to their testimony so that the defense can adequately prepare.

Jury Selection Process Begins

While the trial of Luna began on Monday, January 9, 2023; the first week will consist of jury selection. The pool of 400 potential jurors in New York City will be questioned and the defense and prosecution will dismiss or select jurors reaching a total of 60 by January 17. From there, the final 12, plus alternates will be selected before the core of the trial begins. It is not known currently if the jury will be sequestered due to the nature of the offenses and the attention it is sure to get. And with accusations of Luna threatening potential witnesses while behind bars; the concerns for safety could extend to the jurors.

If found guilty by the jury, García Luna could be sentenced to life imprisonment as the maximum punishment or a minimum of 20 years in prison. Should he decide to forego the trial and change his plea to guilty, it is likely that sentence could be around 7-10 years in federal prison. Currently, Luna is being held at MDC Brooklyn, a common holding facility for federal prisoners on trial including mobsters, and terrorists.

Sources Proceso, Proceso, Proceso, Procesco, Proceso, Keegan Hamilton, Borderland Beat, El Pais, DOJ, DOJ, Mexico News Daily, DOJ