Brian Cogan, of the Eastern District Court of Brooklyn, explained that the former official could present that appeal before the jury.
A US federal judge on Tuesday rejected the request of the defense of the former Secretary of Public Security of Mexico, Genaro Garcia Luna, to withdraw four of the five charges against him. According to local media, Brian Cogan, judge of the Eastern District Court of Brooklyn, ruled against the petition.
The former official of the government of Felipe Calderon (2006-2012) tried to dismiss three accusations for crimes of conspiracy to import, distribute and possess cocaine; and one more for participating in an ongoing criminal enterprise.
The fifth charge that Garcia Luna faces is lying to US authorities when submitting his naturalization application in 2018, in which he failed to mention “his past criminal acts on behalf of the Sinaloa Cartel.”
In particular, the US Justice points to the former secretary of receiving “millions of dollars” in bribes from the criminal organization in exchange for providing protection in drug trafficking activities.
Thus, in his petition, Garcia Luna’s defense argued that “although he accepted bribes from the Sinaloa Cartel, he withdrew from the conspiracy when he left the Government in 2012 and moved to the US.”
In response to the request, Judge Cogan stated that the former Mexican official still “can successfully challenge Counts I through IV based on the statutory limitations, if he can prove that he withdrew from the conspiracy before December 4, 2014.” .
“But that is a question for the jury to decide,” explained the magistrate.
Since December 2019, Garcia Luna has been detained in the US. In January 2020, the former Mexican secretary pleaded not guilty to the crimes charged by the US Justice.
The selection of the jury will take place next January 9, while the hearings will take place in the following three months.