USA v. Campo Flores et al

TRANSCRIPT of Proceedings as to Efrain Antonio Campo Flores, Franqui Francisco Flores De Freitas re: Trial held on 11/17/16 before Judge Paul A. Crotty. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2016. Redacted Transcript Deadline set for 1/6/2017. Release of Transcript Restriction set for 3/6/2017.

Southern District of New York, nysd-1:2015-cr-00765-449796

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Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 1 of 174 1290 GBH5flo1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2------------------------------x UNITED STATES OF AMERICA, 3 v. 15 Cr. 765 (PAC) 4 EFRAIN ANTONIO CAMPO FLORES and 5 FRANQUI FRANCISCO FLORES DE FREITAS, 6 Defendants.------------------------------x 7 New York, N.Y. 8 November 17, 2016 9:30 a.m. 9 Before: 10 HON. PAUL A. CROTTY, 11 District Judge 12 APPEARANCES 13 PREET BHARARA United States Attorney for the 14 Southern District of New York EMIL J. BOVE III 15 BRENDAN F. QUIGLEY Assistant United States Attorneys 16 BOIES, SCHILLER & FLEXNER LLP 17 Attorneys for Defendant Campo Flores RANDALL W. JACKSON 18 JOHN T. ZACH JOANNA CHRISTINE WRIGHT 19 SIDLEY AUSTIN LLP 20 Attorneys for Defendant Flores de Freitas DAVID M. RODY 21 ELIZABETH A. ESPINOSA MICHAEL D. MANN 22 ALSO PRESENT: 23 HUMBERTO GARCIA 24 MERCEDES AVALOS ERIKA DE LOS RIOS 25 MIRTA HESS Spanish Interpreters SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 2 of 174 1291 GBH5flo1 1 (Trial resumed; jury not present) 2 THE COURT: Good morning, please, be seated. 3 The jury is all here, they're filling out their lunch 4 orders. 5 Before me I have a letter from the defendants, of 6 November 15th, dealing with conscious avoidance. And as I said 7 last night, I would consider the matter. I have considered it 8 overnight. I have read the cases. I am going to deny the 9 defendants' application and I am going to include a conscious 10 avoidance instruction to the jury and the government can 11 present a conscious avoidance argument to the jury. 12 As soon as they're ready to go, Marlon. 13 THE DEPUTY CLERK: Okay. 14 THE COURT: Are you going first, Mr. Quigley? 15 MR. QUIGLEY: Yes, your Honor. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 3 of 174 1292 GBH5flo1 Summation-Mr. Quigley 1 (Jury present) 2 THE COURT: Good morning. 3 THE JURY: Good morning. 4 THE COURT: Please, be seated. Thank you for being on 5 time. As I told you yesterday, we are going to have summations 6 now from the parties. 7 Mr. Quigley? 8 MR. QUIGLEY: Thank you, your Honor. 9 Good morning. 10 THE JURY: Good morning. 11 MR. QUIGLEY: At the beginning of this trial, Mr. Bove 12 told you that the evidence would show that the defendants were 13 drug traffickers who got caught red-handed trying to move a 14 huge shipment of cocaine to the United States and that is 15 exactly what the evidence showed. The evidence showed that in 16 August and September 2015, well before the defendants met 17 anyone who was working with the DEA, they were trying to move 18 cocaine out of Venezuela on planes. They had, in Defendant 19 Campo's words, "gold in our hands," because of their access to 20 the main airport in Caracas and their ability to operate with 21 impunity in their home country. They worked hard to turn that 22 gold into cash pursuing multiple deals. And in the fall of 23 2015, they repeatedly flew around the Caribbean meeting in 24 three different countries to discuss a particular deal to send 25 a large quantity of cocaine from Venezuela to Honduras, and on SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 4 of 174 1293 GBH5flo1 Summation-Mr. Quigley 1 to the United States. They met with people who were working 2 with the DEA and they met with actual drug traffickers, people 3 like Roberto de Jesus Soto Garcia, who work at the airport in 4 Roatan, Honduras; Carlos Gonzalez, who testified at this trial 5 but who was an air traffic controller at the airport in Roatan, 6 Honduras at the time he met up with the defendants; Cesar 7 Orlando Daza, who introduced the defendants to El Sentado in 8 Honduras and who is not working for the DEA. Those drug 9 traffickers had no idea that the DEA had gotten in the middle 10 of the defendants' plan and had every reason to believe that 11 this was a very real drug deal. And, in November 2015, in 12 Port-Au-Prince, Haiti, the defendants were arrested. Their 13 highly incriminating phones were seized and they confessed. In 14 a few minutes I'm going to go through this and some of the 15 other evidence in the case in detail but first I want to take a 16 moment to focus on the crime that the defendants are charged 17 with. 18 The defendants are charged with one count of 19 conspiracy. As I expect Judge Crotty will instruct you, 20 conspiracy is simply another name or an agreement. The 21 objectives and goals of the agreement were to import drugs into 22 the United States and to distribute drugs, knowing and 23 intending that at least some of those drugs would come to the 24 U.S. I expect Judge Crotty will instruct you that to find the 25 defendants guilty you need to find that the conspiracy had only SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 5 of 174 1294 GBH5flo1 Summation-Mr. Quigley 1 one of those objectives and not both, and because this is a 2 conspiracy, the government does not need to show that any of 3 the drugs were actually distributed or imported into the United 4 States. 5 Very briefly, you will be asked to make a finding on 6 something called venue, and here venue is satisfied because 7 after the defendants were in Haiti, they were first brought to 8 White Plains here in the Southern District. 9 So, that's the law. Let's talk about the evidence. 10 I want to start at the end of the charged conspiracy, 11 a few hours after the defendants' arrests in Haiti on November 12 10, 2015, when both defendants confessed to their participation 13 in this conspiracy. The defendants made these confessions 14 after signing written Spanish language Miranda forms. And 15 these are not little boys, these are 30-year-old men, one of 16 them--Defendant Campo--is an attorney. If you credit the 17 defendants' confessions, ladies and gentlemen, then this case 18 is over and the defendants are guilty. That's it. Full. 19 Period. Stop. 20 Let's talk first about Defendant Campo's confession. 21 The report of that confession is in evidence as Government 22 Exhibit 2001. It is excerpted here up on the screen. Agent 23 Gonzalez' contemporaneous notes are also in evidence as 24 Government Exhibit 2000. What did Campo say? He identified 25 someone named El Gocho as his cocaine supplier and said that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 6 of 174 1295 GBH5flo1 Summation-Mr. Quigley 1 Gocho was getting the cocaine from the FARC, Colombian 2 paramilitary organization. He said a man named Hamudi had put 3 him in touch with El Gocho and another man named Juan, also 4 known as Jose, was intermediary. Hamudi had also put Campo in 5 touch with El Negrito, a/k/a Flaco, who was his contact in 6 Honduras. 7 Campo stated he could have gotten the drugs out of the 8 Caracas airport very easily because of who he was--the nephew 9 of the first lady of Venezuela--and the access he had at the 10 airport. He acknowledged that the Mexican, who you know to be 11 Jose Santos Peña, was the intended recipient of the drugs, and 12 had said that the drugs were going to the U.S. but Campo says I 13 didn't emphasize it. 14 Campo stated that Hamudi had been killed 15 days ago. 15 That confession, right there, is alone enough to convict Campo. 16 He admits he is involved in this cocaine deal and also admits 17 that he acknowledges that he knew the drugs were going to the 18 United States. It doesn't matter whether it was important to 19 Campo, whether he emphasized it or not. All that matters is 20 that he knew. 21 Let's talk about Flores' confession. The report is in 22 evidence as Government Exhibit 2003. Agent Gonzalez' 23 contemporaneous notes are in evidence as Government Exhibit 24 2002. He says the deal involved 800 kilos of cocaine. He 25 expected to make $560,000 personally. The buyer--the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 7 of 174 1296 GBH5flo1 Summation-Mr. Quigley 1 Mexican--was paying $12,000 per kilo and he says that the 2 Mexican had said that the drugs were going to the United 3 States. He identifies El Gocho as his supplier and says that 4 someone named Pepero had introduced him to El Gocho. He adds 5 that Hamudi had introduced him to Sentado in Honduras via 6 El Flaco. 7 So, Flores admits that he was involved in an 8 800-kilogram cocaine transaction which he expected to make 9 $560,000, and he knew the drugs were going to the United 10 States. Again, that alone, is enough to convict him. 11 Why should you credit this evidence? For one, it is 12 corroborated by other evidence in the case, evidence that Agent 13 Gonzalez had no idea about on that plane flight from Haiti last 14 November. We will talk more about the evidence throughout this 15 morning but the key fact is that the government at that point 16 had not searched the defendant's phones. Agent Gonzalez had no 17 reason to know about Gocho who both defendants identified as 18 their supplier, but Gocho repeatedly comes up in the 19 Defendants' text message particularly in Government Exhibit 20 408-T and 518-T. Agent Gonzalez had no reason to know about 21 this man named Hamudi but, again, Hamudi is all over both 22 defendants' phones. And Agent Gonzalez certainly had no reason 23 to know that Hamudi had been killed just prior because the text 24 message in Government Exhibit 510-T, October 20th, 2015, 25 Defendant Flores tells Campo, apparently they killed Hamudi and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 8 of 174 1297 GBH5flo1 Summation-Mr. Quigley 1 found him dead in el cemeterio. Agent Gonzalez had no way of 2 knowing that unless Campo told him. And he had no reason to 3 know about Jose, a/k/a "Pepero," a/k/a "PPR," who both 4 defendants identified as the middle man between themselves and 5 El Gocho and who also repeatedly appears in the defendants' 6 phones, particularly in Government Exhibit 408-T and 5815-T. 7 Agent Gonzalez had no reason to know about Flaco, 8 a/k/a "Negrito," who the defendants said was their connection 9 in Honduras. The man's real name is Cesar Orlando Daza Cardona 10 and he was present at both the October 3rd meeting, which is 11 pictured on the right side of the slide, and the November 6th 12 meeting, which is pictured on the left side of the slide. 13 The reason these people appear in Agent Gonzalez' 14 notes and reports is because those documents reflect what the 15 defendants actually said in their confessions and what they 16 actually meant in their confessions. Because of that, those 17 confessions standing alone, provide ample basis to convict 18 them. 19 Let's take a step back and look at the other evidence 20 in this case. 21 The evidence shows that the conspiracy between the 22 defendants began well before they met with anyone from the DEA. 23 Here is Government Exhibit 403-T, the September 29, 2015 chat 24 between Campo and someone named AM. He says: This is a home 25 run for us. No one can get tickets to travel right now and we SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cr-00765-PAC Document 153 Filed 12/06/16 Page 9 of 174 1298 GBH5flo1 Summation-Mr. Quigley 1 have the connections ready and we are doing good. 2 And you can see that in August and September 2015 the 3 defendants repeatedly sought to leverage their connections and 4 their ability to move freely in Venezuela to move cocaine out 5 of the Caracas airport. 6 Here is an August 25th, 2015 chat from Campo's phone. 7 Campo and PPR, also known as Pepero, or Pepe, the same guy who 8 later served as the middle man with El Gocho, are talking about 9 one of their other associates who has a pilot and a co-pilot. 10 Campo says he