*GUILTY* EL Chapo - Drug Cartel Chief, arrested Trafficking/conspiracy/firearms

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  • #1,081
Emily Palmer‏Verified account @emilyepalmer 3m3 minutes ago
The DEA agent's testimony regarded four seizures:
1. Lina Maria: seizure of 11,981.93 net kg of cocaine, 9/16/04
2. San Jose: seizure of 10,480.05 net kg of cocaine, 9/23/04
3. Gatun: 15,157.02 net kg of cocaine, 3/17/07
4. Semi-submersible, 4,417 net kg of cocaine, 9/13/08


Emily Palmer‏Verified account @emilyepalmer 10m10 minutes ago
The other testimony came from a US Coast Guard officer who helped seize 700+ bales of cocaine from the gatun – the Guard’s largest maritime drug seizure. It took them all night to remove the bales from the motor vessel. The cocaine was then flown from Cali - Miami for processing.


Emily Palmer‏Verified account @emilyepalmer 7m7 minutes ago
That’s all from the Chapo jury today. It was a late start, with the notes only being read sometime after 3:20 p.m., when Chapo was brought into the courtroom. They asked to leave at 4:15, per usual.


Emily Palmer‏Verified account @emilyepalmer 7m7 minutes ago
P.S. Emma Coronel, Chapo’s wife, has swapped her signature black for a sunflower yellow straight-cut jacket. She told me she was tired of black. Aren’t we all.


Alan Feuer‏ @alanfeuer 14m14 minutes ago
It's official. Day 5 of deliberations are done. We're headed into Day 6. Chapo looked pretty cheerful when the marshals brought him out for the read back. He shook hands with his whole legal team, waved to his wife, all with a big smile on his face.


Alan Feuer‏ @alanfeuer 3m3 minutes ago
There was one moment of levity in the slow, grueling day.
At 10 am, a group of lawyers showed up in court for another matter while the jury was out: a civil lawsuit against three banks. The bank lawyers, looking very much like bank lawyers, were seated at Chapo's defense table.


Alan Feuer‏ @alanfeuer 3m3 minutes ago
One of Chapo's lawyers, Bill Purpura, jokingly told them not to sit in "Chapo's seat," explaining he "didn't like it."
Everyone knew it was a joke. But the seat remained empty nonetheless.
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  • #1,082
Keegan Hamilton‏Verified account @keegan_hamilton 11m11 minutes ago
The jury requested testimony from Scott Schoonover, a DEA agent involved in the seizure of 15,157 kilos of cocaine from a fishing boat called the Gatun on March 17, 2007. It was the largest maritime drug bust in US history.

Here's how all those kilos were unloaded in the US.

(video clip: Keegan Hamilton on Twitter )


Keegan Hamilton‏Verified account @keegan_hamilton 6m6 minutes ago
Schoonover told the jury that in order to transport the 15 tons of seized cocaine from a Coast Guard base in Alameda, CA to the DEA evidence lab near Miami, FL, they had to use a cargo plane. That was unusual. They made this video to show the chain of custody for the evidence.

(video clip: Keegan Hamilton on Twitter )
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  • #1,083
Keegan Hamilton‏Verified account @keegan_hamilton 2m2 minutes ago
Schoonover testified about four maritime drug seizures:

1) Lena Maria - 11,981 kilos - 9/16/2004

2) San Jose - 10,480 kilos - 9/23/2004

3) Gatoon - 15,157 kilos - 3/17/2007

4) A narco sub — or "self-propelled semi-submersible" — w/ 4,716 kilos

Footage of the sub bust…

(video clip: Keegan Hamilton on Twitter )


Keegan Hamilton‏Verified account @keegan_hamilton 4m4 minutes ago
Funny thing about these massive cocaine busts? They had no impact whatsoever on the availability of drugs in the US. Chupeta described the losses as "a tragedy," but he and Chapo just kept doing business. And after Chupeta was captured, another supplier stepped up.
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Alan Feuer‏ @alanfeuer 4m4 minutes ago
It’s a bit surprising the jury is still working on these maritime coke loads. There was a lot of evidence about them: testimony from the supplier, Chupeta; corroboration from Chupeta’s own ledgers and from his aide, German Rosero; plus the officials involved in the seizures.


Keegan Hamilton‏Verified account @keegan_hamilton 1m1 minute ago
Chapo isn't in the courtroom during the wait for a verdict — he only comes in when the judge addresses the jury. That means he's alone in a cell for most of the day. Even so, he was in high spirits this afternoon — smiling and waving to his wife, shaking hands w/ his lawyers.
 
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  • #1,086
Emily Palmer‏Verified account @emilyepalmer 4m4 minutes ago
Fun Fact: The DEA agent said that the seizures from the Lina Maria, San Jose and gatun were among the top five seizures in terms of weight.


Emily Palmer‏Verified account @emilyepalmer 4m4 minutes ago
A bit more on the jury’s violations question from Count 1: There are 27 violations in the first count. The jury instructions say that in order for Chapo to be found guilty of the first count, they must unanimously agree that least 3 of the violations have been proven. Vv


Emily Palmer‏Verified account @emilyepalmer 4m4 minutes ago
If they find that the government proved that Chapo is guilty of at least three of the violations, then he is guilty of the first count and sentenced to life in jail automatically (regardless of his guilt for the other 24 violations or additional 9 counts).


Emily Palmer‏Verified account @emilyepalmer 4m4 minutes ago
What about the rest of the violations? Although they only need to find three proven to find Chapo guilty of the first count, they likely can’t leave the rest of the violations blank. (After all, instructions say AT LEAST 3.) But the instructions aren’t clear what to do after 3.


Emily Palmer‏Verified account @emilyepalmer 3m3 minutes ago
The unanswered question: Must the jury be unanimous on every violation -- even if they agree he’s guilty of at least three? If so, it wouldn’t affect guilt, but it could hold up the verdict process. What else could slow it down? Not getting the question answered, re: today. TBC.


Emily Palmer‏Verified account @emilyepalmer 2m2 minutes ago
Why does it matter? The question signals that there may be some disagreement on the guilt/ innocence of some of the 27 violations in the first count (26 regarding drugs, 1 conspiracy to murder). If they have to be unanimous on all 27 it could be a while. If just 3, likely less.


Emily Palmer‏Verified account @emilyepalmer 2m2 minutes ago
A footnote: These are merely my thoughts on the violation question. The only ones who really know what’s the jury is thinking are the 12 people in the jury room and that lucky fly on the wall.
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  • #1,087
Keegan Hamilton‏Verified account @keegan_hamilton 53m53 minutes ago
The jury seems stuck on Count 1 of the indictment, which is the Continuing Criminal Enterprise or CCE charge. And for good reason: It's confusing as hell. Just take a look at the verdict sheet…

https://www.documentcloud.org/documents/5734920-El-Chapo-Verdict-Sheet.html …

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Keegan Hamilton‏Verified account @keegan_hamilton 52m52 minutes ago
There are 27 separate "violations" within count 1. The jury only needs to reach a unanimous decision on 3 of those violations. After they decide on 3, they can ignore the rest — but that's not at all obvious from the verdict sheet or the instructions they received from the judge.


Keegan Hamilton‏Verified account @keegan_hamilton 47m47 minutes ago
Even more confusing: Several of the remaining 9 counts in Chapo's indictment refer to violations in Count 1. But the jury can ignore those violations if they so choose. In fact, they could even find Chapo not guilty on the violation but guilty of a later count. It's nuts.
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  • #1,088
THE DIRTY SECRET OF EL CHAPO’S DOWNFALL
As the Mexican cartel leader’s trial draws to an end, one thing is clear: drug kingpins reign as long as they make their partners money. When they stop, they end up in jail.


"t’s the trial of the century, right?

The satisfying third act in the dramatic rise-and-fall story of a celebrated Mob boss who became one of the world’s richest men, a Robin Hood who gave to the poor, a modern-day Houdini who escaped from not one but two maximum-security prisons...

Yes, Joaquín “El Chapo” Guzmán Loera, the infamous jefe of the all-powerful Sinaloa cartel—“the godfather of the drug world,” as one D.E.A. official styled him—is being brought to justice in a trial that will stand as a major victory in the War on Drugs.
As of this writing, the prosecution and defense have finished their closing statements and we don’t know how it will end. Maybe one of the jurors will have been compromised and Guzmán will be acquitted. Most likely he’ll be convicted and sent to prison for the rest of his life....

Whatever the result, in the big picture …

It doesn’t matter.

The Guzmán trial will do nothing to stem the flow of drugs into the United States.

Don’t get me wrong. Guzmán’s conviction for trafficking literally tons of drugs into the United States would be a good thing. He’s not Robin Hood. He’s a killer responsible for untold suffering—surely far more than he’s charged with—and if he spends the rest of his life in prison it will be something like justice.

But his capture has done nothing to ameliorate the American drug problem, and his conviction would be likewise meaningless.

The reason is simple.

By the time of Guzmán’s capture, “escape,” and recapture in the farce that made him a celebrity, he had already lost most of his power.

He was superfluous.

Expendable.

The critical thing to understand is that Guzmán wasn’t—and never would be—the sole “boss” of the Sinaloa cartel. We tend to think of cartels as pyramids, with a single head at the top, but in fact they’re more like wedding cakes with several tiers...."

The Dirty Secret of El Chapo’s Downfall

l-El-Chapo.png

(From top, packages of cocaine seized last year by Peruvian police feature the faces of two famed drug lords: Joaquín “El Chapo” Guzmán (left) and Pablo Escobar
; Authorities escort Guzmán to a helicopter in Mexico City after his capture in Mazatlán, February 22, 2014; Among the evidence presented in Guzmán’s trial in New York: a diamond-encrusted handgun decorated with his initials.
Photo Illustration by Jordan Amchin. From top, from Peruvian Interior Ministry/AP Photo, by Eduardo Verdugo/AP/REX/Shutterstock, from U.S. Attorney’s Office/AP Photo.)
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  • #1,089
Still no verdict in El Chapo trial as jurors get grumpy

February 11, 2019

"Jurors in the trial of drug lord Joaquin “El Chapo” Guzman were showing signs of discord Monday afternoon as they wrapped their fifth day of deliberations without reaching a verdict.

Some members of the jury cast irate glances at their fellow panelists as they sat in Brooklyn federal court and asked to review even more witness testimony from the months-long trial — and whether they actually need to reach a unanimous decision on specific allegations against the accused kingpin.

“Does a violation have to be proven or not proven unanimously?” the jurors asked in a note to Judge Brian Cogan.
The top count against Chapo — running a continuing criminal enterprise — contains 27 separate violations, and the jurors have to unanimously agree on at least three to find him guilty.

The jurors also asked to go over testimony from DEA agents Scott Schoonover and Clifton Harrison, who spoke about mammoth maritime cocaine seizures relating to four of the violations....

Meanwhile, Guzman — who faces life behind bars if convicted on the top charge — was in high spirits as another day came to a close with no verdict, laughing and shaking hands with members of his defense team.

His ex-beauty queen wife, Emma Coronel Aispuro, also made an appearance in the courtroom, where she waved and winked to her hubby."

https://nypost.com/2019/02/11/still-no-verdict-in-el-chapo-trial-as-jurors-get-grumpy/
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El Chapo trial: Still no verdict after 5 days of deliberations

February 11, 2019

"...The jury in federal court in Brooklyn was silent for most of the day before sending two notes to the judge. ...

The other note asked if jurors have to be unanimous on whether the government has proven several elements of the case's top conspiracy count to reach a verdict on that count. They've been instructed that they need full agreement on at last three of those elements.

The second note was the first whiff of disagreement in the jury room. Most signs have pointed to jurors taking a methodical approach to reaching verdicts on 10 separate counts after hearing trial testimony that lasted nearly three months....

Guzman again appeared upbeat when making a brief appearance in court on Monday. He smiled as he shook hands with his lawyers and waved to his wife, who was in her usual spot in the gallery, sporting a bright yellow blazer.

Deliberations are to resume on Tuesday."

El Chapo trial: Still no verdict after 5 days of deliberations
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  • #1,090
Alan Feuer‏ @alanfeuer 4h4 hours ago
It’s a bit surprising the jury is still working on these maritime coke loads. There was a lot of evidence about them: testimony from the supplier, Chupeta; corroboration from Chupeta’s own ledgers and from his aide, German Rosero; plus the officials involved in the seizures.


Keegan Hamilton‏Verified account @keegan_hamilton 2h2 hours ago
The charge complexities could have been addressed with the jury in closing. Prosecutors could have simply said: "If you think he did any of these 3 things and nothing else, he's guilty." Now it kinda feels like the jury is taking a final exam after 3 months of Chapo lectures.
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  • #1,091
Tuesday, February 12th:
*Trial (Day 44)– VERDICT WATCH! (Day 6 of Jury Deliberations) (@ 9:30am ET) - NY – *Joaquín Archivaldo Guzmán Loera (El Chapo) (~61) arrested & charged with smuggled 155 tons of cocaine into U.S. Sinaloa drug cartel chief. Guzmán faces 10-count indictment charging him with drug trafficking, murder conspiracy & money laundering spanning nearly three decades. Plead not guilty to all charges. No bail.
Prosecutors say Guzmán ran Mexico's Sinaloa cartel from 1989 to 2014. In that time, they allege the cartel brought cocaine, heroin, methamphetamine & marijuana into the U.S. Prosecutors also charged Guzmán in connection with the assassinations of thousands of competitors. Plead not guilty to all charges. If convicted, he faces life in prison.
Trial expected to last several months. Also for trafficking, conspiracy & firearms in California, Arizona, Texas, Illinois, Florida & New York.

Jurors: The jurors are not sequestered, which means they’re allowed to go home every day, but they are escorted to and from the courthouse under the guard of U.S. Marshals. The jurors are all from the Eastern District of New York, which includes Brooklyn, Queens, Staten Island, and Long Island. They are a diverse group, including two fluent Spanish speakers, several African-Americans, and, judging solely by appearances, a roughly 50/50 mix of younger and older folks. We don’t know much about their lives, but it came out during jury selectionthat one is retired from the Department of Corrections and another has family members who work for the Department of Homeland Security. The foreperson is Juror 11, a black woman who looks to be in her late 40s or early 50s.

Jury Deliberations Day 1 thru 4 - reference post #1060 here: VERDICT WATCH - NY - Joaquín 'el Chapo' Guzmán, Sinaloa Drug Cartel Chief, arrested Trafficking/conspiracy/firearms
2/11/19 Day 43 - Day 5 of Jury Deliberations: The jury asked for yet more testimony--from DEA agent Scott Schoonover's testimony. The other testimony--of Coast Guard Officer Clifton Harrison--involved in three maritime seizures totaling more 35 tons of coke from 2004-2007, which were read back to them in court and asked to be excused at 4:15pm ET. They also asked if they must decide unanimously when considering the 27 sub-counts in Count 1 of the indictment, the top charge of continuing criminal enterprise. Deliberations continue on 2/12.
 
  • #1,092
Keegan Hamilton‏Verified account @keegan_hamilton 4h4 hours ago
Hello from Day 44 of El Chapo's trial and Day 6 of jury deliberations.

ICYMI @vicenews: My report how the jury wasn't allowed to hear the full story with Alex Cifuentes, a key witnesses behind two of the most stunning allegations from the trial…

A key witness against Chapo believes in aliens, the Illuminati, and witchcraft



Keegan Hamilton‏Verified account @keegan_hamilton 4h4 hours ago
Keegan Hamilton Retweeted Keegan Hamilton

The question everyone is asking: Why is it taking so long to reach a verdict?
My thread yesterday delves into the complexities of Count 1, the CCE charge from El Chapo's indictment. The jury seems hung up on the 27 violations within Count 1

---https://twitter.com/keegan_hamilton/status/1095090545184129024



Keegan Hamilton‏Verified account @keegan_hamilton 4h4 hours ago
Here's a good piece by @IrenePlagianos that further breaks down the issues with Count 1 and the rarely-used "Continuing Criminal Enterprise" charge.

The bottom line: “Prosecutors may have outsmarted themselves.”

https://www.latimes.com/nation/la-na-el-chapo-verdict-sheet-20190211-story.html …

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Keegan Hamilton‏Verified account @keegan_hamilton 4h4 hours ago
Here's another way to look at Count 1 via @luoach. Her spreadsheet lists how the 27 violations correspond with witness testimony.

This is amazing work.

I'll bet prosecutors wish they had shown the jury something similar during closing statements…

https://twitter.com/luoach/status/1093254557348581376 …

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  • #1,093
Alan Feuer‏ @alanfeuer 4h4 hours ago
In another few hours, Day 6 of jury deliberations in the trial of El Chapo will begin in Brooklyn.
This is informed speculation--disclaimer--but today could be a pivotal day. Here's what I mean.


Alan Feuer‏ @alanfeuer 4h4 hours ago
So far jury notes have largely been requests for testimony & other evidence. As long as jurors are focused on the evidence it's not a good look for Chapo. The evidence was as overwhelming as it comes. To scrutinize it, however closely, suggests jurors are leaning toward verdict.


Alan Feuer‏ @alanfeuer 4h4 hours ago
Chapo's lawyers don't really want a verdict because, in the world of the evidence, there's really only one verdict that 12 jurors can return unanimously: guilty. Playing the odds, their best shot at a positive outcome is dissension leading to a hung jury and mistrial.


Alan Feuer‏ @alanfeuer 4h4 hours ago
Today could be decisive--again speculation warning--because yesterday was the first time the jury sent a note hinting that there may be dissension in their ranks. The note asked if they had to reach a unanimous decision on the 27 sub-counts listed under the top charge, Count 1.


Alan Feuer‏ @alanfeuer 4h4 hours ago
If the jury sends a note saying there's a verdict today, that's not good for Chapo. If the jury sends a note saying they want more evidence, it's still not great for him. But if the jury sends a note hinting at more dissension that would mark a turning point in the deliberations.


Alan Feuer‏ @alanfeuer 4h4 hours ago
This is just a flow chart of possible outcomes. We'll see what actually happens starting around 9 am...


Alan Feuer‏ @alanfeuer 4h4 hours ago
As a colleague just said, this is the Robert Frost method of jury reading.
Two roads are starting to diverge in a yellow wood--one following the evidence, the other possible dissension.
The jury's next note may suggest which road they are walking down.
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  • #1,094
Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
Starting Day 6 of deliberations in the Chapo trial … not really all that long considering 11 weeks of testimony and everything the jury has to go through. vv


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
The verdict sheet itself is 8 pages - 10 counts with 27 violations in the first. They must make their way through Guilty/ Not Guiltys, Provens/ Not Provens and another 16 Yes/No questions designed to slow the jury down and make them think through the why’s of each answer.


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
The jury instructions themselves should be called a jury manual. (A question yesterday lead them to pages 49 - 50 of said manual.) Surprisingly, the instructions weren’t thorough enough to actually answer their question. How many pages would THAT take?


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
The jury has requested full testimony for 8 witnesses (5 of them star cooperating witnesses). We don’t have a page count on all that (likely in the thousands), but it took the 5 cooperators 17 days to say it all the first time (counting translations).


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
Just yesterday, the jury asked for testimony from two more agents - one 22 pages, the other 14 - long. The 22-page testimony took long enough to read through that the judge (impatient to be done) decided to let them read the other quietly to themselves in the jury room.


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
The jury may - we still don’t know - have to agree on 27 violations unanimously. The 27th violation alone (concerning murder conspiracy and arguably the most complicated) lists a slew of names and other more general references (like the two unnamed Zetas from Menín’s testimony).


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
The jury has little to go on for some of the murders stuffed into violation 27: no bodies and just one witness pointing fingers at Chapo. So, 12 jurors have to agree they believe that witness. Other times, you have more people chiming in, which can confuse the narrative.


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
Even with the 26 less complicated drug charges, sometimes you have multiple witness accounts to be considered.


Emily Palmer‏Verified account @emilyepalmer 2h2 hours ago
More on the jury taking their sweet time (and why!) by my colleague, @alanfeuer:

Why the El Chapo Jury Is Taking Its Time
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  • #1,095
Alan Feuer‏ @alanfeuer 2h2 hours ago
It’s worth repeating how complicated the top continuing criminal enterprise charge is. It has various elements, 27 sub-violations, even three “special questions” that would trigger a mandatory life sentence if the jury finds Chapo guilty of it.


Alan Feuer‏ @alanfeuer 2h2 hours ago
To convict on the CCE, the jury needs to unanimously decide that Chapo committed at least 3 of the 27 violations. They also have to decide that he did so in concert w/at least 5 other people, had a leadership role in the enterprise and derived substantial income from it.


Alan Feuer‏ @alanfeuer 2h2 hours ago
Then, to trigger the mandatory life sentence, they have to answer 3 more questions:
Was 150 kgs of coke involved in at least 1 violation?
Did the enterprise earn at least $10 million in a 12-month period?
Was Chapo one of its principal administrators?


Alan Feuer‏ @alanfeuer 2h2 hours ago
The CCE is a powerful tool that, if successful, would send a message that Chapo was guilty of major and continuing crimes—and send him to prison for the rest of his life.
The price of using it though is that it’s not the typical thumbs up-thumbs down/guilty-not guilty decision.
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  • #1,096
Keegan Hamilton‏Verified account @keegan_hamilton 4h4 hours ago
The calm before the impending winter storm. In a few hours there will be dozens of cameras and perhaps a few inches of snow in front of the courthouse in Brooklyn. – at EDNY Federal Court

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Keegan Hamilton‏Verified account @keegan_hamilton 2h2 hours ago
Heading up to the courtroom now, stay tuned for updates. The first note from the jury will likely signal whether or not they're close to reaching a verdict. If they're still mired in the 27 violations from Count 1, it's not a great sign.
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  • #1,097
Emily Palmer‏Verified account @emilyepalmer 1h1 hour ago
Why does the 1st charge matter so much? It’s the only one, which, if Chapo is found guilty GUARANTEES him life in prison. (Many of the other 9 charges carry possible life, to be later decided by the judge; only the 1st would be determined with the verdict.) vv


Emily Palmer‏Verified account @emilyepalmer 1h1 hour ago
Of the 27 violations in this 1st charge:
3+ proven = Guilty of 1st charge = automatic life sentence
2/ fewer proven = Not Guilty of 1st charge = life sentence not guaranteed
*The jury must agree unanimously on 3+ of the SAME violations in order for Chapo to be found guilty.
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  • #1,098
  • #1,099
Emily Palmer‏Verified account @emilyepalmer 6m6 minutes ago
Some clarity on the jury's question about anonymous decisions on the 27 violations - not from the judge - but from @balarezolaw, who paid a visit to the media room. He said if the jury accepts 3 of the violations "Proven" they can leave the rest blank. Wonder if the jury knows.


Emily Palmer‏Verified account @emilyepalmer 5m5 minutes ago
"My client's feet are firmly planted on the ground," @balarezolaw said of Chapo and the impending verdict, adding that he's prepared for any outcome.
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