The defense of the former Secretary of Public Security seeks to dismiss the charges of conspiracy with the argument that the crimes prescribed.
The judicial process against Felipe Calderón ‘s former Secretary of Public Security has added another chapter. After the defense of Genaro García Luna asked to dismiss the charges against his client, prosecutors from the Eastern District of New York, the seat of the case, have assured that they have sufficient evidence to dismiss this motion.
The intention of the defense attorney is that the charges be withdrawn from the former Mexican official for crimes of conspiracy in drug trafficking and his alleged relationship with the Sinaloa Cartel. One of the main arguments is that the crime would have prescribed because when he was accused, more than five years had already passed since he left his position in the federal cabinet.
In other words, in the event that García Luna “had” had any link with the criminal group, this would have ended upon his departure from the Secretariat (2012). Thus, the time of responsibility would have already expired, since the former owner was accused in 2019, more than the legal limit established for the prescription of the crime, according to the American justice system.
Prosecutors assured that there is sufficient evidence to convict Genaro García Luna despite an annulment request (Photo: Cuartoscuro)
However, as refuted by the prosecution, his departure from the public administration had not mattered, Genaro would have continued the conspiracy some time later. With this, the reasoning of the defense would be invalidated. As the prosecutors explained, Calderón’s right-hand man received bribes and helped the Sinaloa Cartel in its drug trafficking operations for nearly 20 years and has sufficient evidence to support the accusation.
US Federal Judge Brian Cogan should be responsible for accepting or rejecting the motion presented. If the process continues, having ruled in favor of the US government, the defendant’s trial is scheduled to begin in January 2023. Until now, the development of the case has remained solid despite the various resources of the defense attorney, among them, extending the beginning of the litigation as long as possible.