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Joe ToneCase 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 1 of 290
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
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UNITED STATES OF AMERICA
) Docket No. A 12-CR-210 SS
)
vs.
) Austin, Texas
)
JOSE TREVINO-MORALES (3)
)
FRANCISCO ANTONIO
)
COLORADO-CESSA (6)
)
FERNANDO SOLIS-GARCIA (7)
)
EUSEVIO MALDONADO-HUITRON(11) )
JESUS MALDONADO-HUITRON (18) ) April 25, 2013
TRANSCRIPT OF TRIAL ON THE MERITS
BEFORE THE HONORABLE SAM SPARKS
Volume 9 of 15
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APPEARANCES:
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For the United States:
Ms. Michelle E. Fernald
Mr. Douglas W. Gardner
Assistant U.S. Attorneys
816 Congress Avenue, Suite 1000
Austin, Texas 78701
For Defendant TrevinoMorales:
Mr. David M. Finn
Milner & Finn
2828 North Harwood Street
Suite 1950, LB9
Dallas, Texas 75201
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Ms. Christie Williams
Mills & Williams
1112 South Rock Street
Georgetown, Texas 78626
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For Defendant ColoradoCessa:
Mr. Mike DeGeurin
Mr. M. Andres Sanchez-Ross
Foreman, DeGeurin & DeGeurin
300 Main Street
Houston, Texas 77002
Mr. John Parras
Republic Bank Building
1018 Preston, Floor 2
Houston, Texas 77002
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 2 of 290
(Appearances Continued:)
For Defendant Solis-Garcia: Mr. Guy L. Womack
Guy L. Womack & Associates
402 Main Street, Suite 6 North
Houston, Texas 77002
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For Defendant Eusevio
Maldonado-Huitron:
Mr. Richard D. Esper
Esper Law Office
801 North El Paso Street, 2nd Floor
El Paso, Texas 79902
For Defendant Jesus
Maldonado-Huitron:
Mr. Thomas Brent Mayr
Law Office of Brent Mayr
4101 Washington Avenue, 2nd Floor
Houston, Texas 77007
Interpreters:
Mr. Peter Heide
Mr. Steve Mines
Court Reporter:
Ms. Lily Iva Reznik, CRR, RMR
501 West 5th Street, Suite 4153
Austin, Texas 78701
(512)391-8792
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Proceedings reported by computerized stenography, transcript
produced by computer.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 3 of 290
I N D E X
Direct
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4
Witnesses:
Raul Guadalajara-Guia
Cross
Redirect
Recross
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54,55
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26,48
126
Rene Amarillas
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67,70
William J. Johnston
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94,95
97,119
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122
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Billy Williams
144
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202,207
Charles H. Cox
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142
143
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223,225
227
243,248
252
Kevin Hicks
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135,138
226
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130
192,196
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255
284
285
287
Page
Proceedings adjourned
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LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 4 of 290
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E X H I B I T S
Government's
Offered
Admitted
#352A through C
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#357
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#358A through C
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#358D through M
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#371A through C
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#372A through I
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#381B
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#416
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#418A through C
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#419
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#420
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145
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#422
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Defendant Colorado-Cessa's
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#9
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#10
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#10A
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Defendant Trevino-Morales'
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#JT-8
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LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 5 of 290
E X H I B I T S (Continued)
Offered
Admitted
278
278
Defendant Eusevio Huitron's
#EH-4 through 10
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Court's
#4
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180
08:24:04
#5
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LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 6 of 290
THE COURT:
All right.
08:30:26
Anything before we bring in the
08:30:33
08:30:33
MR. GARDNER:
08:30:35
MR. MAYR:
08:31:00
THE COURT:
08:32:49
(Jury present.)
08:32:52
THE COURT:
08:32:54
together yesterday afternoon, late, has anybody attempted to talk
08:33:00
to you about this case?
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JURORS:
08:33:04
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THE COURT:
08:33:05
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JURORS:
08:33:05
13
THE COURT:
08:33:08
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outside the presence of each other in this courtroom, about this
08:33:12
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case?
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JURORS:
08:33:13
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THE COURT:
08:33:16
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08:33:18
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08:33:22
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08:33:23
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THE WITNESS:
08:33:23
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THE COURT:
08:33:25
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08:33:25
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BY MR. FINN:
08:33:26
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Q.
jury?
Nothing from the government, your Honor.
No, sir.
Let's bring in the witness.
Members of the jury, since we last were
No.
Have you talked to anybody about the case?
No.
And have you learned anything at all,
No.
All right.
Thank you.
Show negative
responses to all questions by all jurors.
Mr. Guadalajara, you understand you're still under oath
to tell the truth?
Yes, sir.
All right.
You may proceed.
CROSS-EXAMINATION (Resumed)
Thank you, your Honor.
May it please the Court.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 7 of 290
08:33:28
Good morning, Mr. Guadalajara.
08:33:29
A.
Morning, sir.
08:33:30
Q.
I am not Guy Womack and I am not from Houston.
08:33:33
David Finn and I represent Jose Trevino.
08:33:39
more questions for you, okay?
08:33:40
A.
Okay, sir.
08:33:41
Q.
If I'm not clear, ask me to rephrase and I'd be happy to do
08:33:45
so.
Fair enough?
08:33:46
A.
Fair enough, sir.
08:33:47
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Q.
How much cocaine do you think that your and your group moved
08:33:52
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into the United States?
08:33:54
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federal cases, you were responsible for about seven kilos, and in
08:33:59
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another case you were responsible for, I think you said, two
08:34:03
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kilos, right?
08:34:05
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A.
It was five and seven, sir.
08:34:06
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Q.
Five and seven?
08:34:07
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A.
Yes, sir.
08:34:08
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Q.
Okay.
08:34:10
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the United States, is it?
08:34:12
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A.
No, sir.
08:34:13
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Q.
Please tell the members of this jury how many kilos you
08:34:17
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think overall that you were responsible for bringing into the
08:34:21
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United States.
08:34:22
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A.
Over during three years?
08:34:25
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Q.
Well, you started with Mr. Cuellar in or around 1993 or
My name is
And I just had a few
Yesterday, I think you said one of your
But that's not all the cocaine that you brought into
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 8 of 290
08:34:31
1994, right?
08:34:32
A.
Yes, sir.
08:34:32
Q.
And you worked with that crew for several years, correct?
08:34:37
A.
Yes, sir.
08:34:37
Q.
So I know it's probably hard to add it all up, but are we
08:34:42
talking about hundreds?
08:34:45
A.
Yes, sir.
08:34:47
Q.
More than a thousand, correct?
08:34:49
A.
More than a thousand, sir.
08:34:51
10
Q.
And at least one time, 100 kilograms of cocaine was
08:34:56
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intercepted by law enforcement in Seguin, Texas, and you
08:34:59
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hightailed it back to Mexico, correct?
08:35:01
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A.
Yes, sir.
08:35:02
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Q.
But you're only being held responsible for less than ten,
08:35:06
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correct?
08:35:07
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A.
Yes, sir.
08:35:09
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Q.
Now, how long ago were your arrests for the Eastern District
08:35:13
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case and the San Antonio case?
08:35:17
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A.
No, sir.
08:35:20
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Q.
Year?
08:35:25
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1st, 2011, and I assume that was after you were arrested and in
08:35:29
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custody, correct?
08:35:30
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A.
Yes, sir.
08:35:31
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Q.
So it's been more than a year.
08:35:34
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and a half, correct?
Maybe thousands of kilos of cocaine?
Thousands of kilos of cocaine.
Couple of years?
About a year.
Well, you interviewed with the agents on November
It's been at least a year
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 9 of 290
08:35:35
A.
Okay.
Yes, sir.
08:35:36
Q.
But you haven't been sentenced on either case yet, correct?
08:35:40
A.
Yes, sir.
08:35:41
Q.
So you and your lawyer -- by the way, just out of curiosity,
08:35:45
what is your lawyer's name?
08:35:47
A.
Frank Perez.
08:35:48
Q.
Frank Perez.
08:35:52
A.
Yes, sir.
08:35:52
Q.
The jury's heard that name several times in this trial.
08:35:55
10
08:35:58
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to kick the can down the road on sentencing so that you can
08:36:02
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provide information and maybe get a benefit, correct?
08:36:05
13
08:36:06
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as an improper question.
08:36:11
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ramifications of his sentencing, and the guidelines, and the
08:36:12
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amount of relevant conduct, the government's more than happy to
08:36:15
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do that.
08:36:18
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08:36:23
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whose court the case is pending is in charge of sentencing and in
08:36:27
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charge of when sentencing will accomplish.
08:36:33
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request postponement, but the judge makes that decision, not any
08:36:37
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of the parties.
08:36:40
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08:36:41
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08:36:42
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Is that right?
So you and your lawyer and the government have agreed
MR. GARDNER:
Your Honor, I'm going to object to this
If Mr. Finn wants to get into all the
But right now, it is not a proper question.
THE COURT:
Well, ladies and gentlemen, the judge in
The parties may
You may proceed, sir.
Q.
(BY MR. FINN) Thank you, sir.
Mr. Guadalajara, when you were moving all this dope in
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 10 of 290
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08:36:45
and out of the country and, also, when you were moving around in
08:36:47
the United States, were you ever armed?
08:36:50
for protection?
08:36:51
A.
I never had a gun or anything like that, sir.
08:36:53
Q.
Did you ever move any guns or help anybody move any guns
08:36:57
down to Mexico for the Zetas?
08:36:59
A.
No, sir.
08:36:59
Q.
Okay.
08:37:05
federal cases that are pending?
08:37:06
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A.
No, sir.
08:37:07
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Q.
So up until the two federal cases, your record was clean,
08:37:12
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correct?
08:37:12
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A.
Yes, sir.
08:37:13
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Q.
How many times would you say -- let's say over there --
08:37:17
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well, since your cocaine business started in, I guess, 1993, how
08:37:22
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many times would you say that you came into the United States
08:37:27
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from Mexico?
08:37:29
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A.
08:37:33
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weed.
08:37:33
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Q.
You were moving weed then?
08:37:34
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A.
Yes, sir.
08:37:34
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Q.
Okay.
08:37:38
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United States.
08:37:40
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A.
Yes, sir.
08:37:41
25
Q.
You went down to Mexico and then, you came back to the
Did you ever carry a gun
Do you have any criminal history other than the two
Many times?
Many times.
1993, I didn't move no coke.
I was moving
But give the jury an idea how many times you left the
Because you're a U.S. citizen, correct?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 11 of 290
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08:37:44
United States.
Did you normally drive or did you fly?
08:37:47
A.
I drive.
08:37:48
Q.
You drive.
08:37:53
United States, there's a border agent, and you've got to be
08:37:57
processed to make sure that you're legal, correct?
08:37:59
A.
Yes, sir.
08:38:00
Q.
And did you come into the U.S. over the last 10 to 15 years,
08:38:06
10, 20, 30, 50 times?
08:38:09
A.
Yes, sir.
08:38:10
10
Q.
And how many times when you came into the U.S. were you
08:38:14
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handcuffed to a chair and interrogated?
08:38:16
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A.
Never did.
08:38:18
13
Q.
Never happened?
08:38:19
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A.
No, sir.
08:38:21
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Q.
Do you have any brothers?
08:38:22
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A.
One brother.
08:38:23
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Q.
Is he on the Most Wanted list?
08:38:26
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A.
No, sir.
08:38:29
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Q.
How much money would you say that you made during your
08:38:33
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career moving weed and/or cocaine?
08:38:37
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A.
Have no idea, sir.
08:38:39
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Q.
Well, $10?
08:38:41
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A.
Maybe about $500,000.
08:38:43
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Q.
400,000?
08:38:44
25
A.
Yes, sir.
Okay.
And, you know, when you come into the
My first time.
$10,000?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 12 of 290
08:38:45
Q.
And were you paid in cash?
08:38:47
A.
Yes.
08:38:47
Q.
And did you open a checking account and put that cash in a
08:38:50
checking account?
08:38:51
A.
No, sir.
08:38:52
Q.
Why not?
08:38:53
A.
Spent all the money.
08:38:54
Q.
You spent it all?
08:38:55
A.
Yes, sir.
08:38:56
10
Q.
Wine, women and song?
08:38:59
11
A.
I spent it on houses.
08:39:00
12
Q.
On what?
08:39:00
13
A.
My house.
08:39:01
14
Q.
On your house.
08:39:13
15
met with "40" and "42" down in Mexico, correct?
08:39:17
16
A.
Yes, sir.
08:39:18
17
Q.
And there was a horse race?
08:39:19
18
A.
Yes, sir.
08:39:20
19
Q.
How did you get down there?
08:39:22
20
A.
Yes.
08:39:23
21
Q.
So you knew where you were going?
08:39:26
22
A.
I knew I was going there, but I didn't know that we were
08:39:28
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going to be there.
08:39:28
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Q.
08:39:32
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them find "40" or "42"?
Okay.
12
Or what did you spend it on?
So you told the jury yesterday that you had
That is correct.
Did you drive?
Did you ever go down to Mexico with the FBI and help
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 13 of 290
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08:39:34
A.
No, sir.
08:39:36
Q.
You understand that "40" has a bounty on his head for $8
08:39:42
million.
08:39:43
A.
No, sir.
08:39:46
Q.
But you never went down -- nobody from law enforcement ever
08:39:49
said, hey, these guys are really, really wanted.
08:39:53
there.
08:39:56
are?
08:39:58
A.
Never happened, sir.
08:40:00
10
Q.
Have you ever -- you've got a brother, right?
08:40:03
11
A.
Yes, sir.
08:40:04
12
Q.
What kind of guy is your brother?
08:40:06
13
A.
He's a working man.
08:40:07
14
Q.
Hard-working man?
08:40:08
15
A.
Yes, sir.
08:40:10
16
Q.
Based on your criminal activity, has any exposure flown off
08:40:16
17
on him?
08:40:17
18
A.
No, sir.
08:40:19
19
Q.
Have you ever heard the saying, you get judged by the
08:40:22
20
company that you keep?
08:40:25
21
A.
Yes, sir.
08:40:25
22
Q.
Have you heard the saying, you can pick your friends but not
08:40:28
23
your family?
08:40:29
24
A.
Yes, sir.
08:40:30
25
Q.
And all you know about Jose, my client, is that he's a
Did you know that?
You've been
How about you take this down and show us where these guys
That never happened?
Have you heard that before?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 14 of 290
14
08:40:34
hard-working bricklayer who wakes up at 5:00 in the morning,
08:40:38
right?
08:40:40
A.
I never heard that, sir.
08:40:43
Q.
Yesterday, didn't you tell this jury that, supposedly, "40"
08:40:48
said that his brother Jose was a hard-working guy, everyday Joe
08:40:52
who woke up at 5:00 in the morning?
08:40:54
A.
08:40:56
work, Jose waking up every time at 5:00 in the morning.
08:41:02
imagine himself in the horse business.
08:41:03
10
Q.
08:41:09
11
for a 5:00 a.m. wake-up call as a horse trainer.
08:41:13
12
A.
That's what I said.
08:41:13
13
Q.
Okay.
08:41:16
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you, sir.
08:41:17
15
08:41:21
16
08:41:21
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BY MR. DEGEURIN:
08:41:47
18
Q.
08:41:57
19
08:42:06
20
interviews in the past, have you not?
08:42:08
21
A.
Yes, sir.
08:42:08
22
Q.
And as already has been pointed out, and which you've
08:42:14
23
admitted to, is that your hopes are to lower your sentence by
08:42:22
24
giving what they call substantial assistance to the government,
08:42:25
25
right?
"40" told me this when we were watching the movie that after
He never
So Jose exchanged a 5:00 a.m. wake-up call as a bricklayer
Thank you.
THE COURT:
Is that fair?
That's all I have, your Honor.
Thank
Mr. DeGeurin.
CROSS-EXAMINATION
Mr. Guadalajara, I'm Mike DeGeurin.
You met with agents and gave them information in
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 15 of 290
15
08:42:26
A.
Nobody promised me anything, sir.
08:42:31
Q.
I thought you already admitted that you are seeking a
08:42:37
benefit.
08:42:38
A.
I admitted that, but they didn't promise me anything.
08:42:40
Q.
No, no.
08:42:44
your sentence would be.
08:42:48
substantially assist the government, they may request the judge
08:42:52
in another district to be light on you.
08:42:55
A.
Yes, sir.
08:42:56
10
Q.
Is that correct?
08:42:57
11
A.
Yes, sir.
08:43:09
12
Q.
Well, what date -- isn't it true that sometime in 2011, you
08:43:16
13
met with one of these agents in the courtroom in San Antonio?
08:43:22
14
A.
Yes, I did.
08:43:23
15
Q.
When was that?
08:43:27
16
A.
It was in summer, May.
08:43:34
17
Q.
Was anybody in a hurry when you spoke to them, or did you
08:43:36
18
sit down and answer all the questions?
08:43:40
19
A.
It was just my agent up there.
08:43:42
20
Q.
Huh?
08:43:43
21
A.
There was an agent.
08:43:48
22
Q.
And did you need an interpreter or did you have an
08:43:52
23
interpreter?
08:43:52
24
A.
08:43:56
25
whatever I didn't understand, they will tell me in Spanish.
I didn't say that they promised you how far down
But you have an agreement that if you
I needed an interpreter.
Well, they had a lady there.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
That
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 16 of 290
08:43:59
Q.
In case you didn't understand the question?
08:44:01
A.
Yes, sir.
08:44:02
Q.
You had an interpreter to help?
08:44:05
A.
Yes, sir.
08:44:09
Q.
When you met in 2011 in San Antonio with an agent involved
08:44:14
in this case, you did not mention Mr. Francisco Colorado, did
08:44:23
you?
08:44:23
A.
I didn't tell them that, sir.
08:44:28
Q.
You told the agents that Carlos Nayen's father owned Pemex
08:44:37
10
Oil Company?
08:44:37
11
A.
Yes, at that time what I did, sir.
08:44:39
12
Q.
Didn't give them a name, did you?
08:44:41
13
A.
I did.
08:44:48
14
Q.
You mentioned a race track in New Mexico yesterday.
08:44:56
15
A.
Yes.
08:44:56
16
Q.
But I didn't get the name of the race track.
08:45:00
17
A.
It was in Morelos, Coahuila, sir.
08:45:02
18
Q.
Los?
08:45:03
19
A.
Morelos, Coahuila.
08:45:08
20
Q.
Is that N-O-R-E-L?
08:45:10
21
A.
M-O-R-E-L-O-S.
08:45:15
22
Q.
Los Morelos, Coahuila?
08:45:19
23
A.
Morelos, Coahuila.
08:45:25
24
Q.
And would you tell us the clothing that you say that
08:45:35
25
Mr. Colorado was wearing that day when you saw him?
It was "Pancho," sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
16
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 17 of 290
17
08:45:37
A.
He was wearing blue jeans and I don't know was his top, sir,
08:45:41
because they were sitting down on the dirt.
08:45:44
Q.
You saw him down on the dirt?
08:45:46
A.
Yeah.
08:45:49
on the finish line.
08:45:50
Q.
I'm sorry?
08:45:50
A.
I was across the track.
08:45:54
Q.
You were across the track?
08:45:56
A.
Yes, sir.
08:46:01
10
away.
08:46:02
11
Q.
I'm sorry.
08:46:02
12
A.
Not straight with them, like five meters in front of them.
08:46:07
13
Q.
Not straight across?
08:46:09
14
A.
Yes, sir.
08:46:10
15
Q.
And across the track?
08:46:11
16
A.
Yes, sir.
08:46:12
17
Q.
And do you claim to have spoken to him?
08:46:20
18
A.
No.
08:46:52
19
Q.
One last thing I'd like to ask you about.
08:47:01
20
carefully.
08:47:04
21
08:47:12
22
understand you have to have some evidence that would be relevant
08:47:19
23
to that case.
08:47:22
24
A.
No, sir.
08:47:23
25
Q.
Okay.
They were sitting down -- he was sitting next to "40"
Not exactly straight with them, like five meters
Five meters down?
I didn't spoke to him, anything like that.
Listen to me
In order to be used as a witness in a case, you
You know the word "relevant"?
You understand that in order to substantially assist
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 18 of 290
08:47:28
08:47:31
08:47:32
being improper.
08:47:36
conclusion.
08:47:37
MR. DEGEURIN:
08:47:38
THE COURT:
08:47:43
08:47:45
08:47:49
08:47:55
10
would substantially assist the government, right?
08:47:58
11
A.
Yes, sir.
08:48:03
12
Q.
And if you don't, you don't get the benefit that you want,
08:48:08
13
right?
08:48:08
14
A.
Yes, sir.
08:48:10
15
Q.
Did I understand you correctly that to the jury yesterday,
08:48:24
16
you've never spoken or met personally Mr. Colorado?
08:48:27
17
A.
Yes.
08:48:28
18
Q.
You've never met him?
08:48:29
19
A.
I never met him, sir.
08:48:30
20
Q.
I'm sorry?
08:48:31
21
A.
I never met him.
08:48:33
22
Q.
Okay.
08:48:41
23
08:49:12
24
Q.
(BY MR. DEGEURIN) By the way, is your name Raul?
08:49:26
25
A.
Yes, sir.
18
the government, you must have something -MR. GARDNER:
Q.
Your Honor, we object to these questions
He's asking the witness to draw a legal
I didn't mean a legal --
Oh, it's not a legal conclusion.
(BY MR. DEGEURIN) Let me start over, sir.
Do you understand that in order for you to give
substantial assistance, you have to have some information that
That's what I said.
May I for demonstrative purposes, your Honor?
MR. GARDNER:
May I see it, Mr. DeGeurin?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 19 of 290
19
08:49:27
Q.
Guadalajara?
08:49:28
A.
Yes, sir.
08:49:30
Q.
Guia?
08:49:38
A.
Yes, sir.
08:49:39
Q.
Is it true that you -- I may repeat myself.
08:49:43
sure I write this down.
08:49:55
A.
That is true, sir.
08:50:21
Q.
Now, Mr. Guadalajara, I'm demonstrating to you how slowly my
08:50:52
mind works this early in the morning.
08:50:54
10
08:50:58
11
race track.
08:50:59
12
A.
Yes, sir.
08:51:00
13
Q.
And what year was that?
08:51:02
14
A.
2011.
08:51:09
15
Q.
Early 2010?
08:51:10
16
A.
Yes.
08:51:11
17
Q.
Did you ever see him again?
08:51:25
18
A.
No.
08:51:28
19
Q.
Were you shown photographs of him?
08:51:31
20
A.
Where?
08:51:31
21
Q.
Anywhere.
08:51:32
22
A.
No, sir.
08:51:38
23
Q.
Would it be fair for me to put down here that you hope to be
08:51:47
24
able to give substantial assistance to the government?
08:51:52
25
that be a fair statement?
That's my name.
Did I spell correctly?
I want to make
Never met Mr. Colorado, right?
You saw a person you were told was "Pancho" across a
2010.
At the beginning of 2010.
I never saw him again, sir.
Would
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 20 of 290
20
08:51:54
A.
Yes.
08:51:57
Q.
Do you face charges in Mexico?
08:52:39
A.
Not that I know of, sir.
08:52:42
Q.
But you know that in Mexico, you are believed to be high up
08:52:50
in the Zeta organization?
08:52:55
A.
I don't know nothing, sir.
08:52:57
Q.
Well, you're supposed to know "Cuarenta," No. "40"?
08:53:00
A.
Yeah.
08:53:04
Q.
You work for them, but you weren't part of them?
08:53:06
10
A.
I work for "Poncho" Cuellar.
08:53:12
11
Q.
"Poncho" Cuellar?
08:53:14
12
A.
Yes, sir.
08:53:15
13
Q.
And when you were in San Antonio, did representatives of the
08:53:20
14
Mexican government ever come and talk to you?
08:53:22
15
A.
The Mexican government?
08:53:25
16
Q.
Agents?
08:53:25
17
A.
No, sir.
08:53:26
18
Q.
DGR?
08:53:29
19
A.
No, sir.
08:53:33
20
Q.
I'm sorry?
08:53:34
21
A.
Nobody from Mexico come talk to me.
08:53:38
22
Q.
How did you meet Mr. Perez, your lawyer?
08:53:42
23
A.
Perez?
08:53:43
24
Q.
Perez.
08:53:45
25
But I was not part of them, sir.
Mario "Poncho" Cuellar.
No, sir.
Never.
Nobody -- nobody from Mexico come talk to me.
MR. GARDNER:
Your Honor, the point of relevance.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 21 of 290
08:53:48
MR. DEGEURIN:
08:53:50
08:53:59
08:54:04
A.
08:54:09
then Perez took him up out of jail.
08:54:14
Mexico, I asked him who -- what's his lawyer and he told me it
08:54:18
was Mr. Perez.
08:54:22
Q.
08:54:29
got out of jail, what's his name?
08:54:31
10
A.
Agustin.
08:54:32
11
Q.
I'm sorry?
08:54:33
12
A.
Agustin.
08:54:35
13
Q.
"Agua-kine"?
08:54:36
14
A.
Agustin.
08:54:37
15
Q.
Agustin.
08:54:38
16
A.
Yes, sir.
08:54:40
17
Q.
My Spanish and pronunciation is not that good.
08:54:44
18
08:54:47
19
A.
Yes, sir.
08:54:48
20
Q.
On drug charges?
08:54:49
21
A.
Money.
08:54:50
22
Q.
Money?
08:54:51
23
A.
Caught with money.
08:54:54
24
Q.
Is he still out of jail?
08:54:56
25
A.
Yes.
21
I can explain at the bench, if you want
me to, without going further, but I think it's relevant.
THE COURT:
I'll permit him to answer.
You may answer.
There was a friend that got in trouble when I was in Mexico,
And when I saw my friend in
That's how I got the number.
(BY MR. DEGEURIN) And the friend in Mexico that Mr. Perez
I'm sorry.
And was he in jail in the United States?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 22 of 290
22
08:54:57
Q.
Is he charged in the United States?
08:54:59
A.
Not that I know, sir.
08:55:01
MR. GARDNER:
08:55:03
some other individual.
08:55:04
08:55:06
08:55:08
08:55:10
question -- will the prosecutor allow me to ask the question
08:55:13
without objection:
08:55:22
10
08:55:23
11
08:55:26
12
he finishes the question.
08:55:29
13
associated with this case.
08:55:33
14
08:55:36
15
08:55:37
16
08:55:40
17
sustain the objection on keep going on who he may know.
08:55:48
18
the same lawyer.
08:55:49
19
08:56:15
20
Q.
08:56:21
21
Mr. Cuellar, the person that you worked with, is he represented
08:56:25
22
by Mr. Perez, too?
08:56:28
23
MR. GARDNER:
08:56:36
24
(At the bench, hearing in progress.)
08:56:47
25
MR. GARDNER:
THE COURT:
objection.
Your Honor, at this point, relevance of
We've gone too far.
I sustain the
Let's move on to something else.
MR. DEGEURIN:
Will the Court allow me to ask the
Do you know any other people in jail with you
that are also represented -MR. GARDNER:
MR. DEGEURIN:
Your Honor, I'm going to -- object before
He's talking about other people not
Well, I'm not sure if he'd know they're
associated or not.
THE COURT:
He's indicated how he got the lawyer.
MR. DEGEURIN:
He's got
One second, Judge.
(BY MR. DEGEURIN) I wanted to make sure I had this correct.
Your Honor, can we approach?
Your Honor, I'd object.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 23 of 290
THE COURT:
23
08:57:17
You don't know either if there are any
08:57:20
conflicts that have been made that are allowed by a federal judge
08:57:23
either.
08:57:25
MR. DEGEURIN:
08:57:26
THE COURT:
08:57:29
08:57:33
MR. DEGEURIN:
08:57:34
THE COURT:
08:57:38
MR. WOMACK:
08:57:40
10
seems to be he's a common denominator.
08:57:43
11
these defendants and they could be giving --
08:57:44
12
THE COURT:
08:57:48
13
MR. DEGEURIN:
08:57:49
14
about his understanding of conflict of interest.
08:57:53
15
understanding of whether or not advice he's given cannot harm
08:58:01
16
another witness or another client of Mr. Perez.
08:58:09
17
where I'm going.
08:58:10
18
08:58:16
19
whether or not he understands his clients could harm him by
08:58:19
20
representing somebody else?
08:58:20
21
08:58:23
22
going to ask him, was that explained to him, did anybody ask him
08:58:28
23
to waive the conflict of interest?
08:58:32
24
MR. WOMACK:
08:58:33
25
MR. DEGEURIN:
I don't.
It does seem funny that he's representing
several.
THE COURT:
My question is --
We do things different in San Antonio.
Yes, sir.
Another thing about that is it
He represents a number of
He's not on the stand giving information.
I wanted to ask him a few questions
His
I mean, that's
You're going to ask him about conflict
MR. DEGEURIN:
With regard to conflict of interest, I'm
Or that this witness gave -I'm not asking a legal conclusion.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
I'm
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 24 of 290
24
08:58:35
not asking what a federal judge may have done in San Antonio.
08:58:38
I'm asking him for his understanding.
08:58:40
08:58:44
I'll allow you the question on Cuellar.
08:58:48
to stay off of the rest of it.
08:58:50
MR. DEGEURIN:
08:58:51
THE COURT:
08:58:56
anybody reads the record will understand how non-intelligent and
08:59:00
unsophisticated this guy is.
08:59:06
10
08:59:09
11
08:59:12
12
08:59:16
13
THE COURT:
08:59:19
14
MR. DEGEURIN:
08:59:22
15
talking to you right now, because it may come up again.
08:59:25
16
interest is what he believes -- his beliefs about conflict of
08:59:31
17
interest so that the jury can understand that in judging his
08:59:37
18
credibility.
08:59:41
19
road.
08:59:42
20
08:59:49
21
the allegations.
08:59:53
22
allegations.
08:59:58
23
people can be excused.
09:00:03
24
this gentleman does not know.
09:00:06
25
THE COURT:
I've allowed you to show who his lawyer is.
That's it.
We're going
Okay.
This gentleman has got -- and, you know,
He's not going to -- we'll be here
forever if you to try to explain conflict of interest.
MR. DEGEURIN:
Okay.
Finally, Judge, and I'm not
arguing with the Court, and I'm going to accept your ruling.
Make your bill however you wish.
I'm not talking to the Court above.
I'm
My
That's what I'm -- that's why I was going down that
THE COURT:
Well, he's testified as to the substance of
You have crossed him on substance of the
But the fact that his lawyer may represent multiple
MR. DEGEURIN:
I don't know whether it was or not.
I don't know.
But
I haven't asked him that.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 25 of 290
MR. MAYR:
25
09:00:10
And if I may, just by proxy through Mr.
09:00:13
DeGeurin.
09:00:16
also represented by Frank Perez?
09:00:18
that we could -- you just said right now that he could only
09:00:21
ask --
09:00:21
THE COURT:
09:00:24
MR. DEGEURIN:
09:00:25
MR. MAYR:
09:00:26
MR. DEGEURIN:
09:00:28
10
MR. MAYR:
09:00:29
11
MR. DEGEURIN:
09:00:37
12
09:01:06
13
THE COURT:
09:01:11
14
MR. DEGEURIN:
09:01:16
15
THE COURT:
09:01:18
16
Q.
09:01:27
17
you know yourself of any understanding about whether or not
09:01:34
18
you're going to be sent to Mexico for prosecutions there for drug
09:01:40
19
dealings that you've done in Mexico?
09:01:42
20
A.
No.
09:01:47
21
Q.
I'm sorry?
09:01:47
22
A.
I don't know anything about that if I'm ever sent to Mexico.
09:01:50
23
Q.
Okay.
09:01:52
24
A.
No, sir.
09:02:00
25
Q.
Defense Exhibit No. 8, I believe it is, for demonstrative
Can he also ask if he knows that Hector Moreno was
waive my interests.
In other words, you just said
That's the only question before me.
One second.
Sorry.
Go ahead.
It was my --
Go ahead.
I'm sorry.
I'll move on with the witness and don't
Judge, did you cut me off?
No.
But don't tempt me.
I'm not going to go there, Judge.
Go ahead, sir.
(BY MR. DEGEURIN) Okay.
Do you have any -- are you -- do
I don't know about it, sir, but I'm a U.S. citizen.
Have you been in jail in Mexico?
Never.
This is my first time in jail.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 26 of 290
09:02:06
09:02:06
THE COURT:
09:02:08
MR. DEGEURIN:
09:02:10
MR. GARDNER:
09:02:11
THE COURT:
09:02:15
09:02:18
09:02:19
09:03:05
09:03:06
10
THE COURT:
Mr. Esper.
09:03:08
11
MR. ESPER:
Yes, your Honor.
09:03:11
12
09:03:11
13
BY MR. ESPER:
09:03:17
14
Q.
09:03:20
15
you, but are you a United States citizen?
09:03:22
16
A.
Yes, sir, I am.
09:03:23
17
Q.
Okay.
09:03:30
18
early 1990s, correct?
09:03:32
19
A.
Yes, sir.
09:03:32
20
Q.
Okay.
09:03:38
21
Mr. Cuellar's crew; is that right?
09:03:40
22
A.
Yes, sir.
09:03:41
23
Q.
And that would consist of Mr. Cuellar, who is your boss
09:03:46
24
basically, right?
09:03:47
25
A.
26
purposes.
Nine.
Nine.
I'll offer.
No objection, your Honor.
All right.
Demonstrative Exhibit Colorado
9 is admitted.
MR. DEGEURIN:
before I admit it.
I'm sorry.
I want to add one more thing
All right, Judge.
MR. WOMACK:
I pass the witness.
No questions, your Honor.
If it please the Court.
CROSS-EXAMINATION
Mr. Guadalajara, yesterday, I don't know if Mr. Womack asked
And I believe that you were dealing in drugs in the
Now, you were part of what is -- what was known as
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 27 of 290
27
09:03:49
Q.
How about Mr. Moreno?
09:03:51
A.
No.
09:03:55
Q.
But he was part of the crew?
09:03:57
A.
Yes, sir.
09:03:57
Q.
Okay.
09:03:59
A.
Yes, sir.
09:04:00
Q.
Who else?
09:04:06
A.
"Mancha" and Agustin was also part of our crew and Hector
09:04:13
bothers.
09:04:14
10
Q.
Hector's what?
09:04:15
11
A.
Brother.
09:04:17
12
Q.
Brother?
09:04:17
13
A.
Yes.
09:04:18
14
Q.
Okay.
09:04:22
15
A.
No, sir.
09:04:25
16
Q.
You don't know who he is?
09:04:26
17
A.
No, sir.
09:04:27
18
Q.
Now, I know you haven't been sentenced yet, but when you do
09:04:36
19
get sentenced, or before you get sentenced, are you asking one or
09:04:40
20
both of the federal judges whose cases that are pending before
09:04:45
21
them to admit you into the 500-hour Comprehensive Drug Abuse
09:04:49
22
Program?
09:04:51
23
A.
What is that?
09:04:52
24
Q.
Well, when you were interviewed by U.S. Probation, did you
09:04:57
25
discuss with them substance abuse problems that you had?
He was part of a crew.
He wasn't my boss.
You were part of the crew?
How about his brother-in-law, Mr. Mata?
I don't know who Mata is.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 28 of 290
28
09:05:00
A.
Yes, sir.
09:05:01
Q.
And you told them you had substance abuse problems, didn't
09:05:04
you?
09:05:05
A.
Yes, sir.
09:05:05
Q.
Okay.
09:05:11
the time that you were apprehended?
09:05:13
A.
I was using cocaine.
09:05:15
Q.
Cocaine?
09:05:16
A.
Yes, sir.
09:05:16
10
Q.
And how much cocaine did you use on a frequent basis?
09:05:21
11
A.
Not that much, sir.
09:05:27
12
on a weekend.
09:05:29
13
Q.
So basically you were a weekend user of cocaine?
09:05:33
14
A.
Yes, sir.
09:05:33
15
Q.
And you used roughly three 20s, that might be, what, a gram
09:05:38
16
of cocaine?
09:05:38
17
A.
Yes.
09:05:39
18
Q.
Well, I'm asking you.
09:05:40
19
A.
Yes.
09:05:41
20
Q.
Okay.
09:05:46
21
years?
09:05:47
22
A.
On weekends for six years maybe.
09:05:50
23
Q.
Okay.
09:05:54
24
usage, you could try to get into a program with the Bureau of
09:05:59
25
Prisons to get time off your sentence?
Now, what substance abuse problems did you have up to
I don't know.
Probably about three 20s
Maybe more.
It is.
And you did that almost every week for how many
And was it explained to you that by admitting drug
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 29 of 290
29
09:06:01
A.
Yes.
It was explained that.
09:06:02
Q.
Okay.
09:06:05
A.
Yes, sir.
09:06:06
Q.
Okay.
09:06:11
were dealing drugs, you were also using drugs, correct?
09:06:14
A.
Yes, sir.
09:06:14
Q.
All right.
09:06:21
A.
That is correct.
09:06:22
Q.
And were you mixing it with alcohol?
09:06:23
10
A.
Yes.
09:06:25
11
Q.
Okay.
09:06:33
12
known Mr. "Chevo" Huitron, you said, from a long, long time ago,
09:06:37
13
correct?
09:06:37
14
A.
Yes, sir.
09:06:38
15
Q.
That would have been back in the 1990s, correct?
09:06:40
16
A.
Yes, sir.
09:06:41
17
Q.
And, actually, you indicated that he was a trainer for a
09:06:45
18
horse named Tio George?
09:06:47
19
A.
That was his horse.
09:06:48
20
Q.
That was his horse?
09:06:49
21
A.
Yes, sir.
09:06:49
22
Q.
And he ran that horse in Mexico, did he not?
09:06:51
23
A.
Yes.
09:06:55
24
Q.
And he was good at what he did, didn't he, from what you
09:06:58
25
knew?
And you're hoping to get that, aren't you?
So you admit that during this time period that you
And the drugs that you were using was cocaine?
Now, when was it -- first, let me ask you.
In Morelos, Coahuila.
You've
He won a futurity there.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 30 of 290
30
09:06:58
A.
From what I knew.
Yes.
09:07:00
Q.
And that's where you first met him was in the late 1990s in
09:07:03
Mexico, where he was racing or his horse was -- the horse that he
09:07:09
trained was racing in events, correct?
09:07:11
A.
Yes, sir.
09:07:12
Q.
Okay.
09:07:16
him a bunch of times in the 1990s?
09:07:18
A.
Yes, sir.
09:07:19
Q.
Okay.
09:07:22
10
he was?
09:07:22
11
A.
I just knew he was.
09:07:25
12
Q.
Never talked to him?
09:07:26
13
A.
Never talked to him.
09:07:27
14
Q.
Okay.
09:07:31
15
might be difficult, but did you see him a bunch of times?
09:07:34
16
A.
Every time that there was races there.
09:07:37
17
Q.
Okay.
09:07:41
18
races with horses that he either owned or trained, correct?
09:07:44
19
A.
Yes, sir.
09:07:46
20
Q.
Okay.
09:07:49
21
public, correct?
09:07:50
22
A.
Yes.
09:07:50
23
Q.
Some of them are private races, correct?
09:07:53
24
A.
Yes, sir.
09:07:53
25
Q.
And these private races, are they referred to as match
Now, how many times did you see him -- did you see
Did you become friends with him or you just knew who
I never became friends.
And how many times in the 1990s -- and I know this
He was always in Mexico or frequently in Mexico at
And are these races -- some of them are open to the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 31 of 290
09:07:56
races?
09:07:56
A.
Match races, yeah.
09:07:57
Q.
Okay.
09:07:59
A.
Yes.
09:08:03
Q.
Okay.
09:08:08
for your boss, Mr. Cuellar?
09:08:10
A.
Not that I knew, sir.
09:08:12
Q.
Not that you know of?
09:08:13
A.
No.
09:08:14
10
Q.
Okay.
09:08:23
11
Mr. Huitron?
09:08:24
12
A.
I sent it, sir.
09:08:25
13
Q.
You sent it?
09:08:26
14
A.
Yes, sir.
09:08:26
15
Q.
And did Mr. Cuellar tell you to send it?
09:08:29
16
A.
Yes.
09:08:33
17
Q.
And did he tell you why he was sending 15,000?
09:08:36
18
A.
For horse expenses, he told me.
09:08:38
19
Q.
Horse training?
09:08:39
20
A.
Expenses.
09:08:40
21
Q.
Horse training expenses?
09:08:41
22
A.
Yes, sir.
09:08:42
23
Q.
Mr. Cuellar tells you, I want you to take $15,000 to Mr.
09:08:45
24
Huitron for horse-training expenses?
09:08:48
25
A.
31
Was he at some of those?
Sometimes there was people there.
Did he ever -- did "Pancho," did he train some horses
Now, who was it that sent this supposed $15,000 to
"Poncho" Cuellar told me, sir.
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 32 of 290
32
09:08:48
Q.
Okay.
And did he tell you where he lives?
09:08:53
A.
He didn't told me where he lived, but I know that he have in
09:08:57
Austin.
09:08:59
Q.
09:09:03
Austin?
09:09:04
A.
No.
09:09:05
Q.
Okay.
09:09:08
A.
Because he give me the phone number.
09:09:11
Q.
Oh, gave you phone number?
09:09:13
10
A.
"Poncho" gave me a phone number and I gave it to the guy
09:09:16
11
that I sent over here.
09:09:17
12
Q.
So you didn't take the 15,000?
09:09:18
13
A.
I didn't take, no.
09:09:19
14
Q.
Who's the guy that took the 15,000?
09:09:21
15
A.
It's a worker for me.
09:09:22
16
Q.
What's his name?
09:09:23
17
A.
Rufino.
09:09:24
18
Q.
Pardon me?
09:09:25
19
A.
Rufino.
09:09:26
20
Q.
Rubino?
09:09:27
21
A.
Rufino.
09:09:28
22
Q.
Can you spell that?
09:09:29
23
A.
R-U-F-I-N-O.
09:09:30
24
Q.
Okay.
09:09:34
25
A.
Yes, sir.
Because they were going to meet in Austin, my other guy.
Had you ever been to his horse-training facilities in
Never, sir.
Well, how did you know where to go with this 15,000?
And Rufino was -- worked for you?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 33 of 290
09:09:34
Q.
And he was the guy that worked for you doing what?
09:09:39
A.
Bringing money.
09:09:40
Q.
Picking up money?
09:09:41
A.
Yeah.
09:09:44
it into Mexico.
09:09:47
Q.
09:09:51
this cocaine when you fled to Mexico?
09:09:53
A.
Yes, sir.
09:09:54
Q.
Okay.
09:09:57
10
money, delivering cocaine, bringing money back to Mexico,
09:10:00
11
correct?
09:10:00
12
A.
Yes, sir.
09:10:01
13
Q.
But you were living in the United States?
09:10:02
14
A.
Yes, sir.
09:10:03
15
Q.
Where were you living?
09:10:04
16
A.
San Antonio.
09:10:05
17
Q.
Okay.
09:10:09
18
San Antonio?
09:10:10
19
A.
Yes, sir.
09:10:11
20
Q.
You were getting your cocaine from Mr. Cuellar, correct?
09:10:13
21
A.
Yes, sir.
09:10:14
22
Q.
Okay.
09:10:19
23
Seguin, Texas that caused you to flee to Mexico?
09:10:24
24
A.
I think it was 2008.
09:10:26
25
Q.
Okay.
Okay.
33
Picking up money here in the United States and taking
Did he start working for you after the seizure of
Before that, you were the guy that was picking up
So but you were working for Mr. Cuellar but living in
Now, what year was it that this cocaine got seized in
And obviously somebody that had that cocaine, it was
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 34 of 290
34
09:10:35
a person that got arrested, correct?
09:10:36
A.
Yes, sir.
09:10:37
Q.
It was somebody that you knew?
09:10:38
A.
No, sir.
09:10:42
Q.
You didn't know the drivers?
09:10:43
A.
No, sir.
09:10:46
Q.
Well, what caused it -- this seizure in Seguin, Texas get --
09:10:52
you get wind that this cocaine has been seized.
09:10:56
cocaine, right?
09:10:56
10
A.
Yes, sir.
09:10:57
11
Q.
Is it your cocaine?
09:10:58
12
A.
No, sir.
09:10:59
13
Q.
The driver's not your driver?
09:11:01
14
A.
No, sir.
09:11:01
15
Q.
The vehicle, does it belong to you?
09:11:03
16
A.
No, sir.
09:11:03
17
Q.
Why do you flee to Mexico?
09:11:05
18
A.
Because the guy that I hired to hire the drivers, he got
09:11:09
19
arrested.
09:11:10
20
Q.
The guy that hired the drivers got arrested, also?
09:11:13
21
A.
Yes, sir.
09:11:14
22
Q.
And you hired the guy that hired the drivers?
09:11:17
23
A.
Yes, sir.
09:11:18
24
Q.
So you were concerned that the guy who hired the drivers was
09:11:23
25
going to say things about you?
I didn't knew the drivers.
A bunch of
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 35 of 290
35
09:11:25
A.
Yes, sir.
09:11:25
Q.
What was that guy's name?
09:11:32
A.
Jose -- can't remember his last name, sir.
09:11:36
Q.
You just know him as Jose?
09:11:38
A.
Yes, sir.
09:11:38
Q.
Had you hired him on a number of occasions to drive loads of
09:11:42
cocaine?
09:11:42
A.
He only did that three or four loads of cocaine.
09:11:45
Q.
Okay.
09:11:51
10
correct?
09:11:51
11
A.
Yes, sir.
09:11:51
12
Q.
Okay.
09:11:56
13
bond or lawyer's fees?
09:11:58
14
A.
Nah.
09:12:00
15
Q.
Okay.
09:12:03
16
packed your bags, went to Mexico?
09:12:05
17
A.
Yes.
09:12:05
18
Q.
Okay.
09:12:08
19
A.
No, sir.
09:12:09
20
Q.
I thought you said you lived in San Antonio?
09:12:11
21
A.
I live in San Antonio with my mom and dad.
09:12:12
22
Q.
You were renting?
09:12:14
23
A.
I live with my mom and dad.
09:12:15
24
Q.
Okay.
09:12:17
25
A.
Yes, sir.
And not only was he arrested but so was the driver,
Did they reach out to you and ask you for help with
They never told me anything.
You just found out this load got busted and you just
And you had a house here, did you not?
So you were living with your parents?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 36 of 290
Okay.
36
09:12:17
Q.
And obviously they didn't know you were dealing
09:12:24
cocaine, did they?
09:12:25
A.
No, sir.
09:12:27
Q.
And you were pretty good about hiding that from your mom and
09:12:30
dad, correct?
09:12:30
A.
Yes, sir.
09:12:31
Q.
All right.
09:12:36
A.
Yes, sir.
09:12:37
Q.
Okay.
09:12:42
10
A.
Piedras Negras in Nava.
09:12:45
11
Q.
Okay.
09:12:50
12
to Mr. "Chevo" Huitron for horse expenses?
09:12:53
13
A.
2010, sir.
09:12:55
14
Q.
Okay.
09:13:01
15
money, did he?
09:13:02
16
A.
No, sir.
09:13:02
17
Q.
Okay.
09:13:10
18
money sent to Mr. Huitron for payment of horse expenses?
09:13:13
19
A.
Yes, sir.
09:13:15
20
Q.
Now, according to you, this driver when he makes the
09:13:21
21
delivery supposedly cracks a joke and says, where are the kilos?
09:13:25
22
A.
Yes, sir.
09:13:25
23
Q.
Okay.
09:13:29
24
A.
Yes, sir.
09:13:31
25
Q.
Okay.
Now, you then go to Mexico in 2008, right?
And you're living where, in Piedras Negras?
What year is it that this $15,000 is supposedly sent
And obviously, he didn't come to Mexico to get that
And it was "Poncho" Cuellar who told you, have this
And apparently Mr. Huitron took offense at that?
He got mad.
You were there, though?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 37 of 290
37
09:13:32
A.
No, sir.
09:13:33
Q.
Okay.
09:13:38
Mr. Cuellar reprimands him for making that comment, correct?
09:13:43
A.
09:13:49
Cuellar called me that said that "40" called him to ask him why
09:13:52
was his driver asking for kilos.
09:13:53
Q.
09:13:57
about the little wisecrack he made to Mr. Huitron and that
09:14:02
"Chevo" got mad at him?
09:14:03
10
A.
Yes, sir.
09:14:03
11
Q.
Okay.
09:14:08
12
A.
By that time, Cuellar had already called me and told me
09:14:10
13
about it.
09:14:11
14
Q.
Pardon me?
09:14:11
15
A.
By that time, Cuellar had already told me about it.
09:14:14
16
Q.
Okay.
09:14:16
17
A.
Yes.
09:14:16
18
Q.
And Cuellar told you supposedly that "40" had already called
09:14:21
19
him and said, why is this guy making these wisecracks?
09:14:25
20
A.
Yes, sir.
09:14:25
21
Q.
Okay.
09:14:28
22
A.
No, sir.
09:14:29
23
Q.
You weren't there?
09:14:30
24
A.
No, sir.
09:14:31
25
Q.
And you don't know who was present whenever this $15,000 was
Now, apparently when the driver gets back to Mexico,
The driver called me and he said that Huitron got mad at --
Okay.
Wait a minute.
The driver calls you and tells you
And you then tell Mr. Cuellar?
Cuellar told you about it?
You don't know who called "40," do you?
I wasn't there.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 38 of 290
38
09:14:34
brought to Mr. Huitron and this wisecrack was made to him, do
09:14:38
you?
09:14:38
A.
He told me it was Huitron that was there.
09:14:41
Q.
Just "Chevo"?
09:14:41
A.
Yes, sir.
09:14:42
Q.
By himself?
09:14:43
A.
"Chevo."
09:14:43
Q.
But you didn't know who "Chevo" called to call "40," do you?
09:14:47
A.
No, sir.
09:14:48
10
Q.
All right.
09:14:56
11
cocaine dealer, are you?
09:14:57
12
A.
No, sir.
09:14:57
13
Q.
Okay.
09:15:02
14
knowledge?
09:15:02
15
A.
Mr. Cuellar what?
09:15:03
16
Q.
And to your knowledge, Mr. Cuellar has never told "Chevo,"
09:15:06
17
I'm a cocaine dealer?
09:15:08
18
A.
No, sir.
09:15:09
19
Q.
Okay.
09:15:14
20
knowledge -- or you didn't instruct him to tell "Chevo," these
09:15:19
21
moneys are from drugs.
09:15:20
22
A.
I didn't instruct him, sir.
09:15:22
23
Q.
Right.
09:15:25
24
A.
Yes, sir.
09:15:25
25
Q.
Sure.
I don't know.
Did -- you've never told Mr. Huitron you're a
And neither has Mr. Cuellar, has he, to your
And this driver that was taking these moneys to your
You know that?
You tried to keep that hidden, didn't you?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 39 of 290
39
09:15:26
A.
Well, they knew.
09:15:27
Q.
I'm not talking about what they knew, sir.
09:15:31
tell them, you're just guessing that they knew.
09:15:34
right?
09:15:34
A.
Yes, sir.
09:15:36
Q.
Yeah.
09:15:38
09:15:44
gentleman, Mr. Lawson, you met somewhere in some building,
09:15:49
correct?
09:15:49
10
A.
Yes, sir.
09:15:49
11
Q.
And he interviewed you?
09:15:51
12
A.
Yes, sir.
09:15:51
13
Q.
Okay.
09:15:54
14
agent who was probably taking notes, correct?
09:15:56
15
A.
Yes, sir.
09:15:57
16
Q.
And he's asking you questions, correct?
09:15:59
17
A.
Yes, sir.
09:15:59
18
Q.
And he's asking you to be truthful with him and tell him
09:16:02
19
everything you know about this horse racing and interweaving with
09:16:09
20
alleged drug dealing, correct?
09:16:10
21
A.
Yes, sir.
09:16:11
22
Q.
All right.
09:16:16
23
and a half ago.
09:16:21
24
this -- about testimony in this case?
09:16:24
25
A.
If you didn't
Isn't that
That's what I thought.
Now, when you met a year and a half ago with this
And there was someone else with him, a female FBI
Now, have you seen -- I realize it was a year
Have you met with him or any other agents about
No, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 40 of 290
40
09:16:25
Q.
Not talked to anybody since a year and a half ago?
09:16:28
A.
Yes, sir.
09:16:29
Q.
Okay.
09:16:36
09:16:39
with counsel?
09:16:45
Q.
09:16:48
spoke with Mr. Gardner, correct?
09:16:49
A.
Yes, sir.
09:16:50
Q.
Concerning your testimony that you're giving here today?
09:16:52
10
A.
Yes, sir.
09:16:52
11
Q.
And he basically was just not telling you what to say but
09:16:56
12
basically going --
09:16:57
13
A.
What I say.
09:16:59
14
Q.
Kind of rehearsing a little bit, right?
09:17:01
15
A.
Yes, sir.
09:17:01
16
Q.
Okay.
09:17:08
17
was supposedly sent to Mr. "Chevo" Huitron?
09:17:11
18
A.
I told him that.
09:17:12
19
Q.
You did?
09:17:12
20
A.
Yes, sir.
09:17:13
21
Q.
Did you tell him about the wisecrack that your driver made
09:17:19
22
to "Chevo" Huitron about the kilos of cocaine?
09:17:22
23
A.
Yes, sir.
09:17:22
24
Q.
And did you tell him that the driver got reprimanded by,
09:17:29
25
allegedly, Mr. -- what Mr. "40" calling Mr. Cuellar to reprimand
Nobody.
Now, did you tell Mr. Lawson -MR. GARDNER:
Your Honor, may I have a moment to confer
(BY MR. ESPER) You didn't meet with any agents, but you
Did you ever tell Mr. Lawson about this $15,000 that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 41 of 290
41
09:17:34
this guy for this?
09:17:35
A.
Yes, sir.
09:17:35
Q.
You told him that?
09:17:36
A.
Yes, sir.
09:17:36
Q.
And you believe -- well --
09:17:42
09:17:44
09:17:52
THE COURT:
09:17:58
(At the bench, on the record.)
09:18:11
10
09:18:18
11
lawyer representing his own client is asking about confessions
09:18:26
12
and statements made by this person to either the prosecutor or to
09:18:26
13
the agents that would be after arrest and not part of the
09:18:32
14
conspiracy covered or session.
09:18:36
15
right to object to hearsay statements that are not coconspirator
09:18:41
16
statements.
09:18:53
17
speaking objection before the jury.
09:18:54
18
09:18:56
19
objection, y'all approaching the bench.
09:19:00
20
the approaching the bench they want.
09:19:03
21
saying.
09:19:05
22
approach the bench.
09:19:12
23
best a couple of days ago.
09:19:17
24
to ask him what he said, then you can ask him what he said, too.
09:19:19
25
MR. DEGEURIN:
Your Honor, may I -- I'm sorry.
Mr.
Esper, may I approach, please, with all lawyers?
Sure.
MR. DEGEURIN:
We are in a Bruton situation where a
And I don't want to waive my
Therefore, I object.
THE COURT:
I don't want to make a
Well, I'm not going to tolerate every
The jury's had all of
They don't know what you're
But it doesn't do your client any good when you want to
And I can't control the lawyers.
MR. DEGEURIN:
I'm not going to do it.
Okay.
I did my
If he wants
I'm going to object on the record
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 42 of 290
42
09:19:23
now before the jury.
09:19:24
THE COURT:
09:19:28
09:19:28
MR. DEGEURIN:
09:19:42
front of the jury our discussions.
09:19:50
statements made that are not part of the exception to the hearsay
09:19:54
rule being asked or about any lawyer, or any prosecutor, or any
09:19:58
other lawyer.
09:20:04
particular client.
09:20:06
10
09:20:11
11
09:20:14
12
So if there is a question that you believe needs that objection,
09:20:21
13
you make it.
The only question I have before me is a "Yes" or
09:20:28
14
"No" answer.
So we'll go to the next question by Mr. Esper.
09:20:32
15
09:20:35
16
09:20:37
17
09:20:41
18
relevant to my client might be believed or thought to be
09:20:49
19
admissible against my client by the jury.
09:20:50
20
09:20:52
21
09:20:58
22
09:21:01
23
09:21:02
24
09:21:06
25
Yes, sir.
Any time you wish, you can.
You
have that right.
Okay.
Your Honor, I want to object in
I object to Bruton material,
I object to that being inadmissible against my
And I would ask for an instruction to the
jury as to how they would receive such testimony.
THE COURT:
Well, I don't have a question before me.
But you make the objection anytime you wish.
That's
your privilege and obligation.
MR. DEGEURIN:
THE COURT:
argue your case.
I'm going to give you plenty of time to
Just make your objections when they're timely.
All right.
Q.
The concern is that evidence is not
Mr. Esper.
(BY MR. ESPER) Thank you.
Your next question.
Yes, your Honor.
And whenever you're being interviewed by Mr. Lawson and
there's notes being taken, you supposedly told him these things
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 43 of 290
43
09:21:11
that you're testifying to about Mr. "Chevo" Huitron, correct?
09:21:14
A.
Yes, sir.
09:21:15
Q.
Now, have you been shown or would it surprise you -- let me
09:21:21
ask you this.
09:21:24
drew up reflecting what you supposedly told him?
09:21:28
A.
09:21:33
09:21:35
improper impeachment.
09:21:38
Agent Lawson --
09:21:39
10
09:21:40
11
09:22:18
12
(Jury not present.)
09:22:30
13
THE COURT:
09:22:42
14
in the audience, I'm not going to have any more cellphones go
09:22:46
15
off.
09:22:49
16
confiscate it.
09:22:56
17
United States Marshal's Office.
09:22:59
18
cellphone that goes off again.
09:23:05
19
09:23:17
20
the conversations and the report of the agent.
09:23:21
21
agent not only to tell them that this -- he was not interrogating
09:23:25
22
him for this case, which he wasn't a long time ago.
09:23:31
23
allow him to tell everything he said.
09:23:36
24
instruction, as requested by Mr. DeGeurin, that they could only
09:23:40
25
consider this testimony regarding your client.
Have you been shown any report that Mr. Lawson
No, sir.
MR. GARDNER:
THE COURT:
Your Honor, this part of the objection is
Mr. Esper is going to show him Special
I know what he's going to do.
I'm going to
put the jury in the jury box -- in the jury deliberation room.
Now, first, ladies and gentlemen out there
If your cellphone goes off, I'm instructing the marshal to
You can get it back in a month by going to the
But I'm telling you to take any
Okay.
That's instruction one.
Instruction two is to the lawyers.
You inquire as to
I will allow the
I will also
I will give the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 44 of 290
44
09:23:49
Now, you're taking a report and you're going to try to
09:23:52
09:23:57
MR. ESPER:
Your Honor, that is correct.
09:23:58
THE COURT:
All right.
09:23:58
MR. ESPER:
If I may respond, your Honor.
09:24:00
THE COURT:
Yeah.
09:24:00
MR. ESPER:
I know this is not --
09:24:01
THE COURT:
You respond when it's your turn.
09:24:06
09:24:07
10
MR. ESPER:
I'm sorry.
09:24:08
11
THE COURT:
All right.
09:24:14
12
has a penalty.
09:24:20
13
Bruton objection, but they can't make it right now because this
09:24:30
14
witness is available for cross-examination.
09:24:37
15
what I'm going to do.
09:24:41
16
what was said, I'm going to allow the gentleman whose report it
09:24:47
17
is to respond to it.
09:24:54
18
how you wish to proceed.
09:30:42
19
(Recess.)
09:34:20
20
MR. ESPER:
09:34:23
21
09:34:26
22
THE COURT:
Hold on.
09:34:29
23
MR. ESPER:
What I anticipate the Court's ruling is.
09:34:31
24
But I would, before they come in, like to make a record, just to
09:34:35
25
ask him for purposes --
cross on what is not there, correct?
I happen
to be talking right now.
Now, that can be done, but it
And the other lawyers may be ready to make a
Now, I've told you
If you get into why it wasn't there and
I'll take a five-minute break.
You decide
Your Honor, before the jury comes in, I am
going to withdraw the question in light of the Court's comments.
You may be seated.
Excuse me.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 45 of 290
09:34:37
THE COURT:
09:34:40
09:34:42
MR. ESPER:
It will take me one second, your Honor.
09:34:44
THE COURT:
Well, it may or may not.
09:34:46
MR. ESPER:
Okay.
09:34:47
THE COURT:
And other people may wish to participate.
09:34:50
And I don't want the witness any more confused than he is
09:34:58
already.
09:34:59
09:35:03
10
(Jury present.)
09:36:56
11
THE COURT:
Mr. Esper, you may continue, sir.
09:36:59
12
MR. ESPER:
Thank you.
09:36:59
13
Q.
09:37:05
14
horse called Tempting Dash?
09:37:07
15
A.
Yes, sir.
09:37:07
16
Q.
And what was the name of that horse when it was in Mexico?
09:37:11
17
A.
El Hueso.
09:37:14
18
Q.
El Hueso.
09:37:16
19
A.
H-U-E-S-O.
09:37:17
20
Q.
H-U-E-S-O?
09:37:19
21
A.
Yes, sir.
09:37:19
22
Q.
Okay.
09:37:24
23
was a person name Pedro?
09:37:25
24
A.
"Pedrito."
09:37:26
25
Q.
Okay.
45
I'll let you make a record at a later date.
I'm not going to keep the jury waiting any longer.
All right.
Bring the jury in.
(BY MR. ESPER) Mr. Guadalajara, you said that you knew of a
Can you spell?
And you said that the person that trained that horse
Yes, sir.
And do you know who trained that horse when he came
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 46 of 290
09:37:30
to the United States?
09:37:31
A.
Yes, sir.
09:37:32
Q.
Who's that?
09:37:32
A.
"Chevo."
09:37:33
Q.
"Chevo" Huitron, correct?
09:37:34
A.
Yes, sir.
09:37:35
Q.
Okay.
09:37:40
simply say so -- when that horse was brought to the United
09:37:42
States?
09:37:42
10
A.
No.
09:37:44
11
Q.
Okay.
09:37:49
12
whether Mr. Cuellar paid moneys for the horse expenses in
09:37:54
13
training that horse?
09:37:55
14
A.
Yes, he did.
09:37:56
15
Q.
He did?
09:37:56
16
A.
Yes, sir.
09:37:56
17
Q.
Okay.
09:37:59
18
A.
Yes, sir.
09:38:00
19
Q.
Okay.
09:38:07
20
States?
09:38:07
21
A.
Only on TV, sir.
09:38:08
22
Q.
Just on TV?
09:38:09
23
A.
Yes.
09:38:09
24
Q.
Okay.
09:38:17
25
46
And do you know when that horse -- and if you don't,
I don't know, sir.
And do you know -- and if you don't, simply say so --
And is that because he told you?
Did you ever see that horse race in the United
May I have just a moment, your Honor?
THE COURT:
Certainly.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 47 of 290
47
09:38:21
Q.
(BY MR. ESPER) When you were in the drug business, Mr.
09:38:25
Guadalajara, you were trying, of course, with people that you
09:38:30
weren't dealing drugs with to try to camouflage and hide the fact
09:38:34
that you were a drug dealer, correct?
09:38:36
A.
Yes, sir.
09:38:37
Q.
And that dealt with everybody who you came in contact with
09:38:41
except those you were dealing drugs with, correct?
09:38:43
A.
Yes, sir.
09:38:45
Q.
You didn't want it out in the open that moneys that you were
09:38:48
10
spending in the United States came from drug moneys, did you?
09:38:52
11
A.
No, sir.
09:38:54
12
Q.
And I believe you testified that you spent a lot of money
09:39:00
13
that you made on a house here in San Antonio?
09:39:03
14
A.
It was in Mexico, sir.
09:39:05
15
Q.
Pardon?
09:39:05
16
A.
In Mexico.
09:39:07
17
Q.
In Mexico?
09:39:07
18
A.
Yes, sir.
09:39:08
19
Q.
Okay.
09:39:11
20
your parents, and you were spending a lot of money that you were
09:39:15
21
making from the drug business?
09:39:17
22
A.
09:39:20
23
Most of my money, I spent it in Mexico.
09:39:21
24
Q.
You spent it mostly in Mexico?
09:39:23
25
A.
Yes, sir.
Not here.
But when you were living here, you were living with
I didn't spend a lot of money here in the United States.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 48 of 290
09:39:23
Q.
Even though you lived in San Antonio?
09:39:24
A.
Yes, sir.
09:39:25
Q.
That's all I have, your Honor.
09:39:28
09:39:30
09:39:31
BY MR. MAYR:
09:39:31
Q.
09:39:35
Isabel?
09:39:35
A.
09:39:39
10
Quiria," that's his -- that's how I know him by.
09:39:42
11
Q.
How do you know him?
09:39:43
12
A.
When they were up there in Mexico racing.
09:39:44
13
Q.
So he races horses, also?
09:39:46
14
A.
Yes, sir.
09:39:47
15
Q.
What else do you know about him?
09:39:48
16
A.
That's all I know, sir.
09:39:49
17
Q.
Okay.
09:39:52
18
A.
No, sir.
09:39:52
19
Q.
Okay.
09:39:54
20
A.
No, sir.
09:39:56
21
Q.
No further questions.
09:40:02
22
THE COURT:
09:40:03
23
MR. GARDNER:
09:40:03
24
09:40:05
25
MR. MAYR:
48
Just briefly, your Honor.
CROSS-EXAMINATION
Mr. Guadalajara, do you know "Chevo" Huitron's brother
"La Quiria"?
That's his nickname?
I think I know him.
Do you know he's here in the courtroom?
What about his brother Jesus, do you know him?
Any redirect?
Yes, your Honor.
Thank you.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
"La
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 49 of 290
49
09:40:05
RE-DIRECT EXAMINATION
09:40:05
BY MR. GARDNER:
09:40:14
Q.
09:40:17
09:40:32
you if you saw a person you were told was "Pancho" across a race
09:40:35
track in early 2010?
09:40:36
A.
Yes, sir.
09:40:37
Q.
Do you recall the statement that Mr. DeGeurin asked you, was
09:40:40
that a fair statement of your testimony?
09:40:42
10
A.
Yes, sir.
09:40:43
11
Q.
Okay.
09:40:45
12
if I were to add this:
09:40:50
13
and pointed out yesterday?
09:40:51
14
A.
Yes, sir.
09:41:03
15
Q.
And Mr. Finn asked you about the statement regarding Jose
09:41:17
16
Trevino being a bricklayer.
09:41:19
17
A.
Yes, sir.
09:41:19
18
Q.
All right.
09:41:23
19
you slow down and repeat exactly what "40" told you about Jose
09:41:27
20
Trevino when you were watching the Mr. Piloto race?
09:41:32
21
A.
09:41:36
22
the morning to go to work, never imagine himself at the horse
09:41:40
23
business.
09:41:45
24
around and he just laughed, he said like we made it for him.
09:41:50
25
Q.
Mr. DeGeurin, could I have Colorado 9, please?
Mr. Guadalajara, you remember when Mr. DeGeurin asked
Would it also be a fair statement of your testimony
"Pancho" is the same person you see today
Do you recall that?
You speak a little fast, Mr. Guadalajara.
Could
He said that his brother, after waking every day at 5:00 in
And he was telling that to "42."
And "42" would turn
We made it for him?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 50 of 290
50
09:41:51
A.
Yes, sir.
09:41:51
Q.
Whose horse was Mr. Piloto?
09:41:54
A.
"40."
09:41:56
Q.
And did Jose Trevino manage those horses for his brother?
09:42:01
A.
Yes, he did, sir.
09:42:06
Q.
Now, both Mr. Finn and Mr. Esper asked you about your
09:42:12
criminal record and this is your first conviction, correct?
09:42:15
A.
Yes, sir.
09:42:15
Q.
You had no convictions prior to your pleading guilty in this
09:42:20
10
federal case?
09:42:20
11
A.
Yes, sir.
09:42:21
12
Q.
Were you conducting any illegal activities at that time?
09:42:26
13
A.
After I got arrested?
09:42:27
14
Q.
No.
09:42:28
15
A.
Yes, sir.
09:42:29
16
Q.
Okay.
09:42:33
17
that from law enforcement?
09:42:33
18
A.
I was just trying to hide it.
09:42:37
19
Q.
Now, could you tell the jury, again, when you worked with
09:42:45
20
Mr. Cuellar, when you started working with "Poncho" Cuellar?
09:42:50
21
A.
Oh, 1993.
09:42:52
22
Q.
And when you did that, did you two sign a piece of paper
09:42:55
23
that said you would work for him?
09:42:56
24
A.
No, sir.
09:42:57
25
Q.
Did you know all the details of what Mr. Cuellar would do?
Before you got arrested?
Were those out in the open or were you trying to hide
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 51 of 290
51
09:43:01
A.
No, sir.
09:43:01
Q.
And I believe you said you didn't know Mr. Mata?
09:43:04
A.
Mr. who?
09:43:05
Q.
Mr. Mata.
09:43:10
Mata?
09:43:10
A.
Oh, no, I didn't know him, sir.
09:43:11
Q.
Did you know all the people who worked with "Poncho"
09:43:14
Cuellar?
09:43:15
A.
Not everybody.
09:43:17
10
Q.
And did you know all the inner workings or the details of
09:43:24
11
how the cocaine was moved from somewhere south of Mexico into the
09:43:28
12
United States?
09:43:28
13
A.
Not everything, sir.
09:43:30
14
Q.
Now, in these interviews that you conducted with Special
09:43:41
15
Agent Lawson over here, did you answer the questions that he
09:43:44
16
asked you?
09:43:45
17
A.
Yes, sir.
09:43:47
18
Q.
And is that what you're doing today, responding to questions
09:43:50
19
that are asked of you?
09:43:51
20
A.
Yes, sir.
09:43:52
21
Q.
Now, when you first met, according to Mr. Esper, you first
09:43:58
22
met "Chevo" Huitron in the '90s in Mexico, correct?
09:44:02
23
A.
Yes, sir.
09:44:02
24
Q.
Okay.
09:44:04
25
A.
They were racing his horse in Morelos, Coahuila.
I believe Mr. Esper asked you if you know Mr.
Just who was there.
And what was he doing down there again?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 52 of 290
52
09:44:08
Q.
Did you observe him talking to a number of people and making
09:44:11
contacts in Mexico?
09:44:12
A.
He talked to a bunch of people down there.
09:44:15
Q.
And I believe Mr. Esper asked you if "Chevo" Huitron was a,
09:44:20
quote, good trainer.
09:44:21
A.
Yes.
09:44:22
Q.
Did "40" use "Chevo" Huitron because he was a good trainer?
09:44:26
A.
Yes, sir.
09:44:27
Q.
He also asked you if you were high up in the organization,
09:44:35
10
and I believe your response was no.
09:44:37
11
A.
No, sir.
09:44:39
12
Q.
Do you know what "Chevo's" role was in the organization?
09:44:43
13
A.
No, sir.
09:44:48
14
knew.
09:44:48
15
Q.
Just trained horses for "40"?
09:44:49
16
A.
Yes, sir.
09:44:49
17
Q.
And do you know what Jose Trevino's role was in the
09:44:52
18
organization?
09:44:53
19
A.
09:44:58
20
one that managed the horses down here.
09:45:00
21
Q.
Horses in the United States?
09:45:00
22
A.
Yes, sir.
09:45:02
23
Q.
Okay.
09:45:05
24
organization?
09:45:06
25
A.
No, sir.
Just he trained the horse for "40."
That's all I
All I knew is he was "40" brother, and he's the
In the United States.
Were you aware of "Pancho" Colorado's role in the
No, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 53 of 290
09:45:09
Q.
09:45:12
a drug dealer?
09:45:13
A.
Never, sir.
09:45:15
Q.
And why not?
09:45:16
A.
Because I don't want nobody to know that.
09:45:20
Q.
And I believe Mr. Esper asked you if you were good at
09:45:22
concealing your activities from your parents.
09:45:24
A.
Yes, sir.
09:45:26
Q.
And I want to get the timing right on this call that you
09:45:32
10
received from "Poncho" Cuellar.
09:45:38
11
called you about the joke did you get a call from "Poncho"
09:45:43
12
Cuellar?
09:45:44
13
A.
About 30 minutes, sir.
09:45:46
14
Q.
And did "Poncho" Cuellar specifically mention "40's" name?
09:45:54
15
A.
Yes, sir.
09:45:55
16
Q.
And can you tell the ladies and gentlemen of the jury what
09:45:58
17
"Poncho" Cuellar relayed to you, the best of your memory?
09:46:01
18
A.
That he what?
09:46:04
19
Q.
Please tell the jury what "Poncho" Cuellar relayed to you
09:46:06
20
about what "40" said.
09:46:08
21
A.
09:46:16
22
bring up the driver to him so they can beat him up.
09:46:19
23
Q.
Who wanted to beat up the driver?
09:46:21
24
A.
"40."
09:46:23
25
Q.
Did the driver eventually get beat up?
53
How many times have you gone up to people and said, hey, I'm
How soon after your driver
Oh, he said that he was asking him for kilos there and to
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 54 of 290
54
09:46:26
A.
No, sir, because "Poncho" Cuellar tell him that he was a new
09:46:29
guy, he was just joking.
09:46:31
Q.
09:46:34
09:46:34
BY MR. FINN:
09:46:40
Q.
09:46:43
09:46:47
you.
09:46:51
want you to stand up, look around the courtroom and see if you
09:46:54
10
see him anywhere in the courtroom.
09:47:00
11
A.
No, sir.
09:47:00
12
Q.
"40's" not here, is he?
09:47:02
13
A.
No, sir.
09:47:03
14
Q.
I can't question him, can I?
09:47:04
15
A.
No, sir.
09:47:05
16
Q.
So what you're telling this jury, although it's admissible,
09:47:08
17
it's called hearsay, correct?
09:47:09
18
09:47:11
19
line of questioning.
09:47:14
20
THE COURT:
09:47:15
21
questions.
09:47:16
22
Q.
09:47:21
23
think you would have brought into the country from the date that
09:47:24
24
you were arrested until today if you had not been arrested?
09:47:29
25
A.
That's all I have, your Honor.
RE-CROSS EXAMINATION
May it please the Court.
Thank you, Judge.
Mr. Guadalajara, I just have a couple of questions for
As to what you told this jury that "40" allegedly said, I
MR. GARDNER:
Would you?
Your Honor, I'm going to object to this
It's improper.
It's not a question yet.
Let's ask
(BY MR. FINN) How many hundreds of thousands of kilos do you
I have no idea, sir.
That depends on whether they give us
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 55 of 290
55
09:47:33
work or not.
09:47:33
Q.
09:47:37
business until you got arrested, right?
09:47:39
A.
Yes, sir.
09:47:40
Q.
Thank you.
09:47:43
MR. DEGEURIN:
09:47:44
THE COURT:
09:47:45
MR. WOMACK:
09:47:46
THE COURT:
09:47:48
10
09:47:48
11
BY MR. ESPER:
09:47:49
12
Q.
09:47:55
13
correct?
09:47:55
14
A.
09:47:58
15
him, sir.
09:47:58
16
Q.
Just saw him?
09:48:00
17
A.
Yes, sir.
09:48:00
18
Q.
And whatever you're telling the ladies and gentlemen of this
09:48:03
19
jury about him came from "Poncho" Cuellar, correct?
09:48:06
20
A.
Yes, sir.
09:48:06
21
Q.
Okay.
09:48:13
22
"Chevo" Huitron, did he?
09:48:14
23
A.
He said he was a trainer of the horses, sir.
09:48:16
24
Q.
He told you --
09:48:17
25
A.
Tempting Dash, yes, when we were watching the races.
But you had no intention of getting out of the dope-running
That's all, your Honor.
No questions, your Honor.
Mr. Womack.
No.
No questions.
Mr. Esper.
RE-CROSS EXAMINATION
Mr. Guadalajara, what you -- you never met "Chevo" Huitron,
Only on races in Mexico is where I saw him.
I never met
Miguel "Cuarenta" never told you anything about Mr.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 56 of 290
09:48:19
Q.
Okay.
09:48:23
A.
Yes, sir.
09:48:23
Q.
That's all I have.
09:48:26
MR. MAYR:
09:48:28
MR. GARDNER:
09:48:30
MR. FINN:
09:48:31
THE COURT:
09:48:47
09:48:48
09:48:50
10
09:49:27
11
(Witness sworn.)
09:49:48
12
THE COURT:
09:49:50
13
09:49:51
14
09:49:56
15
09:50:02
16
09:50:02
17
09:50:02
18
BY MR. GARDNER:
09:50:03
19
Q.
09:50:04
20
09:50:07
21
introduce yourself to the jury?
09:50:09
22
living.
09:50:10
23
A.
09:50:15
24
group supervisor of the Drug Enforcement Administration,
09:50:18
25
currently stationed in Tucson, Arizona.
56
He said, that's the guy who trains some of my horses?
I have no further question, your Honor.
May the witness be excused, your Honor?
No objection.
You may excuse him for the time being.
You
may call your next witness.
MR. GARDNER:
Thank you, your Honor.
Government calls
Special Agent Rene Amarillas.
If you'll tell us, please, sir, your full
name and spell your last.
THE WITNESS:
My name is Rene Amarillas.
My last name
spelled, A-M-A-R-I-L-L-A-S.
RENE AMARILLAS, called by the Government, duly sworn.
DIRECT EXAMINATION
Thank you, your Honor.
Good morning, Special Agent.
Yes, sir.
Could you please
Tell them what you do for a
My name is Special Agent Rene Amarillas.
I'm
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 57 of 290
57
09:50:21
Q.
And how long have you been in Tucson, Arizona?
09:50:24
A.
I've been in Tucson, Arizona since March of 2011.
09:50:28
Q.
And how long have you been with the Drug Enforcement
09:50:31
Administration?
09:50:31
A.
Since January of 2000.
09:50:34
Q.
And have you spent some time operating for the Drug
09:50:39
Enforcement Administration in Mexico?
09:50:41
A.
Yes, sir.
09:50:42
Q.
Okay.
09:50:45
10
A.
In January or, rather, February of 2007, I was assigned to
09:50:51
11
the Monterrey, Nuevo Leon office in Monterrey, Mexico.
09:50:58
12
there as a special agent, specifically to the U.S. consulate
09:51:02
13
there.
09:51:03
14
Q.
09:51:06
15
Mexico for the U.S. law enforcement?
09:51:09
16
A.
09:51:16
17
with the time there, and assist the domestic offices.
09:51:23
18
carry on our own investigations there while stationed in Mexico.
09:51:27
19
Q.
At some point, did you become aware of the Los Zetas cartel?
09:51:31
20
A.
Yes, sir.
09:51:32
21
Q.
Okay.
09:51:35
22
A.
Yes, sir.
09:51:36
23
Q.
And who was the target -- big target of your investigation?
09:51:41
24
A.
The big target of our investigation was the hierarchy at Los
09:51:46
25
Zetas that included Heriberto Lazcano-Lazcano, Miguel
I have.
Could you explain that to the jury, please?
Assigned
And what was your role while you were special agent in
My role was to further investigations specific to Mexico
But I also
I did.
And did you begin investigating them?
I did.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 58 of 290
58
09:51:51
Trevino-Morales and Omar Trevino-Morales, amongst others.
09:51:54
Q.
09:51:59
Lazcano-Lazcano, but at the time, can you tell the jury what his
09:52:02
role was in the Zetas organization?
09:52:04
A.
At the time, he was the leader of the Zeta organization.
09:52:10
Q.
Okay.
09:52:15
Ramiro Villarreal?
09:52:15
A.
Yes, sir.
09:52:21
Q.
I'm showing you Government's Exhibit 419.
09:52:25
10
that, sir?
09:52:25
11
A.
Yes, sir, I do.
09:52:26
12
Q.
Is that Mr. Villarreal?
09:52:28
13
A.
Yes, sir, it.
09:52:29
14
Q.
Your Honor, we offer Government's Exhibit 419.
09:52:38
15
09:52:54
16
Q.
09:52:59
17
there is Mr. Villarreal, right?
09:53:00
18
A.
His name was Jose Romero Villarreal.
09:53:05
19
Q.
How did Mr. Villarreal come to your attention?
09:53:07
20
A.
On or about 2008, I had had a source of information of a
09:53:11
21
person that was providing information to me that stated that this
09:53:15
22
individual here --
09:53:17
23
MS. WILLIAMS:
09:53:18
24
THE COURT:
09:53:20
25
And we've heard a little bit about Heriberto
And, sir, did you become aware of an individual named
I did.
THE COURT:
Q.
Do you recognize
It's received.
(BY MR. GARDNER) And, again, for the jury, Mr. Amarillas,
Objection.
Hearsay.
Sustain the objection.
(BY MR. GARDNER) Did you receive information about Mr.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 59 of 290
59
09:53:22
Villarreal?
09:53:22
A.
Yes, I did.
09:53:23
Q.
Okay.
09:53:26
take?
09:53:27
A.
09:53:31
and moving forward to positively identify who this person was.
09:53:35
Q.
And what steps were those, sir?
09:53:37
A.
The steps were to look into databases and indices that were
09:53:43
available specific to me and to others, and to corroborate first
09:53:48
10
and last name, and then, finally, I was able to ascertain a
09:53:53
11
photograph of him, showed it specific to a person that was
09:53:58
12
providing information to me to get a positive identification on
09:54:01
13
him.
09:54:02
14
Q.
09:54:06
15
to be, in fact, Mr. Villarreal here on the screen?
09:54:09
16
A.
Yes, sir.
09:54:10
17
Q.
So once you corroborated Mr. Villarreal's identify, what
09:54:13
18
further investigative steps did you take?
09:54:17
19
A.
09:54:23
20
push-to-talk number that was being utilized by Mr. Villarreal.
09:54:27
21
Q.
09:54:31
22
phone numbers from possible suspects?
09:54:34
23
A.
09:54:38
24
looking at the specific contacts or start analysis -- doing an
09:54:44
25
analysis of the phone to see what other subjects this person is
And based on that information, what steps did you
I took the steps of further -- of getting the information
And so, the photograph you obtained, you corroborated that
Along that time, I was also provided with a Nextel
And what is the importance for law enforcement of obtaining
The importance is to get this telephone number and to start
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 60 of 290
60
09:54:47
speaking to.
09:54:48
Q.
09:54:53
contacts of a particular person's phone?
09:54:56
A.
09:55:03
download or an indication of who this person -- or analysis of
09:55:08
who this person is contacting numerically.
09:55:11
Q.
09:55:14
show the past contacts?
09:55:15
A.
That's correct.
09:55:16
10
Q.
All right.
09:55:19
11
this phone bill?
09:55:20
12
A.
09:55:25
13
indices, and from there, we gather feedback of who this person is
09:55:30
14
talking to, other subjects.
09:55:32
15
Q.
And based on that, what was your next investigative step?
09:55:35
16
A.
Our next investigative step is that at this time, I was
09:55:39
17
liaison with our Houston DEA office.
09:55:46
18
specifically because he was providing numbers that we knew were
09:55:50
19
being used by Miguel Trevino-Morales.
09:55:54
20
Q.
09:55:59
21
subject of your investigation or the target, correct?
09:56:01
22
A.
Yes.
09:56:03
23
Q.
Could you explain to the jury what a T3 is?
09:56:07
24
A.
A T3 is, in essence, a wiretap.
09:56:12
25
Q.
And could you explain to the jury how you as an agent goes
And how is federal law enforcement able to look at the
Federal agents requesting a toll section or, rather, it's a
When you say toll records, is that like a phone bill just to
And what do you do with this contact list of
Normally this phone bill is run through your indices, DA
We were again working
And, again, Mr. Miguel Trevino-Morales, "40," was the
One of the main targets.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 61 of 290
61
09:56:15
about obtaining authorization for a wiretap?
09:56:17
A.
09:56:26
telephone, that is, a phone that is being used by a subject to
09:56:30
further a drug crime.
09:56:36
information to show -- or, rather, through this toll analysis, as
09:56:42
previously mentioned, to identify other subjects within the
09:56:44
circle.
09:56:50
exhaustive steps and prepare what is known as an affidavit that
09:56:54
is to be reviewed first by the agent in coordination with the
09:57:01
10
09:57:02
11
09:57:04
12
09:57:06
13
09:57:08
14
a Title III before I introduce.
09:57:12
15
THE COURT:
09:57:16
16
Q.
09:57:18
17
last statement was, with the AUSA?
09:57:22
18
A.
Yes, sir.
09:57:22
19
Q.
And then, what is the next step after that?
09:57:24
20
A.
After the AUSA, again, this affidavit is laying the ground
09:57:29
21
you have to show that this wiretap is -- you've gone through very
09:57:35
22
exhaustive means, meaning that you've conducted surveillance,
09:57:40
23
you've done trash pulls, you've done other means that are
09:57:43
24
available to you.
09:57:48
25
you have to show the Court that by those means alone, you cannot
Yes, sir.
Gather -- initially, one has to identify a target
From there, one has to ascertain
On top of that, one has to prepare, go through numerous
AUSA or the federal attorney.
MR. DEGEURIN:
Pardon me.
Your Honor, I object to
relevance.
MR. GARDNER:
Your Honor, I'm laying the foundation for
Objection is overruled.
(BY MR. GARDNER) And so, you conduct a review, I believe the
Once you've gone through the exhaustive steps,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 62 of 290
62
09:57:50
fully identify or further your investigation.
09:57:54
09:57:57
presenting, again, the probable cause for this phone.
09:58:01
now reviewed by the Department of Justice.
09:58:05
the affidavit is sent back down and it's finally authorized.
09:58:10
Court authorizes by the district court judge in that respective
09:58:14
jurisdiction.
09:58:14
Q.
09:58:19
somebody's phone?
09:58:19
10
A.
09:58:25
11
report to the Court at least every 10, 15 days, depending on the
09:58:30
12
Court's requirements of how you're coming along, rather, are you
09:58:35
13
receiving pertinent calls, how many pertinent calls to show that
09:58:39
14
you -- this means that you are actually doing what you've laid
09:58:43
15
out in your affidavit that you're going to do.
09:58:45
16
Q.
09:58:48
17
non-pertinent call?
09:58:48
18
A.
09:58:54
19
crime.
09:58:58
20
business.
09:58:59
21
Q.
09:59:04
22
being able to listen to somebody's phone calls?
09:59:06
23
A.
09:59:10
24
the conversations that are occurring between the subjects on a
09:59:15
25
day-to-day basis, coupled with what you're either seeing through
So then, that means you have to go to the next step of
This is
And then, finally,
The
And how long by law are you authorized to listen to
By law, initially you're allowed 30 days and you have to
What's the difference between a pertinent call and a
A pertinent call is a call that is furthering the drug
A non-pertinent call may be just regular day-to-day
And for law enforcement, what is the evidentiary value of
The evidentiary value is it's -- you're gaining insight into
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 63 of 290
63
09:59:19
surveillance or what you're gaining from other persons that may
09:59:21
be cooperating in this investigation.
09:59:26
pieces together to make sense of what's going on with these
09:59:30
particular subjects.
09:59:32
Q.
09:59:37
phone?
09:59:40
A.
09:59:44
surveillances and sometimes when they're talking about a specific
09:59:49
situation and if you are able to seize maybe narcotics or if
09:59:54
10
you're able to cooperate via that means, then you're coupling
10:00:00
11
together.
10:00:04
12
the time of arrest, you may go back through the calls and piece
10:00:08
13
together this puzzle, as I refer to, to make sense of what was
10:00:13
14
going on during these calls to further that specific drug crime.
10:00:17
15
Q.
10:00:20
16
Title III authorization for Ramiro Villarreal's phone?
10:00:24
17
A.
The Houston office did, sir.
10:00:26
18
Q.
And were you part of that investigation?
10:00:28
19
A.
Yes, sir.
10:00:30
20
Q.
I'm going to show you Government's Exhibit 381A and 381B.
10:00:39
21
Sir, are those your initials on 381A?
10:00:42
22
A.
Yes, sir, they are.
10:00:43
23
Q.
And, sir, as part of this investigation, did you have the
10:00:46
24
opportunity to have a number of discussions with Mr. Villarreal?
10:00:49
25
A.
As you're putting the
And how do you verify the conversations you hear on the
If you can, during the time if it's either through
Or in other cases, if you don't seize the narcotics at
And did you obtain and go through those steps to obtain a
I was.
Yes, I did.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 64 of 290
10:00:50
Q.
10:00:53
recognize his voice on the Title III?
10:00:55
A.
Yes, sir, I was.
10:00:56
Q.
All right.
10:00:59
the disc itself in the care, custody and control of the Drug
10:01:02
Enforcement Administration?
10:01:03
A.
Yes, sir, it has.
10:01:04
Q.
All right.
10:01:07
transcripts from that call?
10:01:07
10
A.
Yes, sir, I have.
10:01:11
11
Q.
Your Honor, I'd offer Government's Exhibit 381A, which is
10:01:14
12
the actual wiretap disc, and 381B, which are selected
10:01:21
13
transcripts, your Honor.
10:01:24
14
government's translator and been reviewed by the Court's
10:01:27
15
translator, previously provided to defense counsel.
10:01:51
16
MR. FINN:
10:01:52
17
confrontation clause grounds.
10:02:04
18
10:02:06
19
record, I don't require elaboration.
10:02:12
20
addition to your objection?
10:02:15
21
MR. FINN:
10:02:16
22
THE COURT:
10:02:19
23
with regard to the 381B.
10:02:34
24
transcriptions?
10:02:34
25
64
And such that you were able to rec -- were you able to
And, sir, has that Title III been supplied or
And, sir, have you reviewed the selected
THE COURT:
They've been certified by the
Your Honor, I'm going to have to object on
And I can elaborate if you like.
The objection that you wish, for the
No.
That's my objection.
All right.
MR. GARDNER:
Do you have anything in
That objection is overruled
As I understand, 381A is all of the
No, sir, your Honor.
381A is the wiretap
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 65 of 290
65
10:02:38
disc itself, the physical phone calls.
381B are the government's
10:02:42
selected --
10:02:43
THE COURT:
10:02:44
MR. GARDNER:
10:02:48
THE COURT:
10:02:57
If 381A needs to come in for any reason, any counsel can request
10:03:03
that they come in.
10:03:05
MR. GARDNER:
10:03:06
disc for this particular witness.
10:03:09
10
10:03:09
11
10:03:10
12
Q.
10:03:18
13
off this wiretap, what efforts did you conduct to corroborate
10:03:25
14
what you heard on the phone itself?
10:03:28
15
A.
10:03:33
16
participating with us and us with them in furthering what we were
10:03:35
17
listening to.
10:03:42
18
Houston office and with their financial team to find out, you
10:03:46
19
know, as we learned that horses were being purchased to find out
10:03:50
20
who was owning these horses.
10:03:54
21
intelligence of who the horses were being transferred to.
10:04:00
22
10:04:04
23
travels and, also, as he -- with an ultimate goal of seeing if he
10:04:10
24
was -- his communication with Miguel Trevino-Morales, A/K/A "40."
10:04:16
25
Q.
Right.
-- translations.
Yes, sir.
Then for the time being, I'll admit 381B.
Your Honor, I don't plan on playing the
I have another witness for
that purpose.
THE COURT:
Okay.
(BY MR. GARDNER) And so, Special Agent Amarillas, as based
During the time, there was numerous conferences that were
We heavily -- worked really closely with our
We learned some valuable
And largely, we were monitoring what Mr. Villarreal's
Now, when you tap a phone, do you also seek the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 66 of 290
66
10:04:21
authorization to determine the geographical location based on any
10:04:27
of the cellphone towers or global positioning system?
10:04:30
A.
Yes, sir, we do.
10:04:30
Q.
And did you obtain that in Mr. Villarreal's case?
10:04:33
A.
I don't recall if that was done here on our side or not.
10:04:40
Q.
At some point, did you stop Mr. Villarreal?
10:04:42
A.
Yes, sir.
10:04:44
Q.
And without getting into what specifically Mr. Villarreal
10:04:47
said, did you have a number of discussions with him following his
10:04:52
10
stop?
10:04:52
11
A.
Yes, sir, I did.
10:04:53
12
Q.
And was he ever placed under arrest?
10:04:58
13
A.
He was held temporarily and released.
10:05:02
14
Q.
Detained?
10:05:02
15
A.
Yes, sir.
10:05:04
16
Q.
And did Mr. Villarreal agree to cooperate with the
10:05:06
17
government for a little bit?
10:05:07
18
A.
Yes.
10:05:08
19
Q.
And at some point, was your investigation with Mr.
10:05:16
20
Villarreal concluded?
10:05:17
21
A.
Yes, sir, it was.
10:05:17
22
Q.
And why was that?
10:05:18
23
A.
He died in March 2011.
10:05:26
24
March 11, 2011.
10:05:34
25
Columbia bridge on the south side.
He was stopped.
Yes.
I believe the specific date was
It was a car crash on the highway leading to the
It was a fiery crash where he
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 67 of 290
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10:05:38
burned to death.
10:05:39
Q.
10:05:43
"40," did that sort of conclude that phase of the investigation?
10:05:45
A.
10:05:49
thereafter.
10:05:49
Q.
10:05:56
the witness.
10:06:02
THE COURT:
10:06:04
MR. FINN:
10:06:06
10
10:06:08
11
10:06:08
12
BY MR. SANCHEZ:
10:06:18
13
Q.
Mr. Amarillas.
10:06:19
14
A.
Yes, sir.
10:06:20
15
Q.
My name is Andres Sanchez.
10:06:23
16
A.
Morning, sir.
10:06:32
17
Q.
I just want to ask you a couple of questions.
10:06:35
18
A.
Yes, sir.
10:06:35
19
Q.
I pulled out one of the transcripts of 381.
10:07:25
20
A.
Yes, sir.
10:07:27
21
Q.
And I'll ask you some questions about that in a minute.
10:07:30
22
I want to ask you some questions.
10:07:35
23
10:07:39
24
to get a wiretap.
10:07:44
25
you have of interest?
And with respect to Mr. Villarreal and your efforts for
Yes, sir.
And then, I transferred out of country shortly
May I have one moment, your Honor?
THE COURT:
Your Honor, I'll pass
Mr. Finn or Ms. Williams?
No questions, Judge.
Mr. Sanchez.
CROSS-EXAMINATION
Uh-huh.
But
We talked a little bit about the steps you went through
Do you include in those steps the people that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 68 of 290
68
10:07:45
A.
Yes.
10:07:46
Q.
And did you include a person that has a last name Toncrete?
10:07:53
A.
I don't recall.
10:07:54
Q.
You don't recall?
10:07:55
A.
I don't recall.
10:07:56
Q.
If I said to you inside one of those applications, you have
10:08:00
a guy named Pancho Toncrete, would that refresh your memory?
10:08:05
A.
10:08:08
me, I'd be more than happy.
10:08:09
10
Q.
I don't have it with me.
10:08:10
11
A.
Okay.
10:08:11
12
Q.
But we'll move on.
10:08:12
13
A.
Sir.
10:08:14
14
10:08:17
15
10:08:20
16
MR. SANCHEZ:
10:08:20
17
THE COURT:
10:08:21
18
MR. SANCHEZ:
10:08:23
19
THE COURT:
10:08:25
20
10:08:28
21
10:08:30
22
10:08:31
23
10:08:34
24
number on top of each transcript that identifies it individually.
10:08:37
25
So that may help for the record purposes.
No, sir.
I'd have to see the affidavit, but if you will show it to
THE COURT:
When you say transcript, I assume you're
talking about 381B?
Yes, your Honor.
All right.
It's one of the -- there's how many?
Well, there are only three.
Only reason I
ask you is I didn't admit 381A yet.
MR. SANCHEZ:
Right.
And I'm just pulling out --
there's 14?
MR. GARDNER:
Your Honor, if I may, there's a session
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 69 of 290
10:08:39
THE COURT:
10:08:45
Q.
(BY MR. SANCHEZ) So this is session No. 1061?
10:08:49
A.
Yes, sir.
10:08:50
Q.
And that comes from 381B?
10:08:53
A.
The disks, 381A or B.
10:08:57
Q.
Okay.
10:09:03
10:09:06
familiar with the person named Carlos Nayen?
10:09:11
A.
Yes, I am.
10:09:11
10
Q.
Do you know he goes by the nickname "Carlitos"?
10:09:14
11
A.
Yes, I do.
10:09:14
12
Q.
Are you also familiar with another person within the Zeta
10:09:19
13
organization that has the nickname "Carlitos"?
10:09:23
14
A.
Not that -- that rings a bell right now.
10:09:32
15
Q.
Okay.
10:09:35
16
that goes by the name "Comandante Carlitos"?
10:09:39
17
A.
At this time, it does not ring a bell.
10:09:44
18
Q.
And in this call here that we were just referencing, they
10:09:48
19
talk about Carlitos and they also mention a "Pancho"?
10:09:52
20
A.
Uh-huh.
10:09:54
21
Q.
You don't know exactly who that "Carlitos" is or who that
10:10:00
22
"Pancho" is?
10:10:00
23
A.
No.
10:10:02
24
Q.
Pass the witness, your Honor.
10:10:06
25
69
All right.
Try to clear it up, your Honor.
Also in there, you talk -- well, first of all, are you
No, sir, I'm not.
Do you know of a guy -- so you don't know of a Zeta
No, sir.
Yes, sir.
I do not.
MR. WOMACK:
No questions, your Honor.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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10:10:09
MR. ESPER:
Nothing, your Honor.
10:10:09
MR. MAYR:
10:10:12
10:10:12
BY MR. MAYR:
10:10:48
Q.
10:10:51
investigation, you had a number of contacts or conversations with
10:10:54
Mr. Villarreal; is that correct?
10:10:55
A.
That is correct.
10:10:56
Q.
I'm not going to go into what was said, but did he ever
10:11:00
10
mention the name Jesus Huitron to you?
10:11:03
11
A.
10:11:07
12
don't recall.
10:11:08
13
Q.
10:11:12
14
conversations.
10:11:15
15
come up?
10:11:15
16
A.
No, sir.
10:11:16
17
Q.
No further question, your Honor.
10:11:21
18
MR. GARDNER:
10:11:23
19
THE COURT:
10:11:25
20
MR. FINN:
10:11:25
21
THE COURT:
10:11:29
22
10:11:29
23
10:11:36
24
Agent Bill Johnston.
10:11:58
25
THE COURT:
Briefly, your Honor.
CROSS-EXAMINATION
Agent Amarillas, in your -- in the course of your
I knew the last name Huitron, but specific for him, no, I
And then, you listened -- you listened and reviewed multiple
Did you ever hear the name Jesus Huitron ever
I did not.
Nothing in light of that, your Honor.
May this witness be excused, counsel?
No objection.
You may be excused.
You may call your next
witness.
MR. GARDNER:
Your Honor, the government calls Special
Be sworn, please.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 71 of 290
71
10:12:00
(Witness sworn.)
10:12:13
THE COURT:
10:12:20
10:12:20
THE WITNESS:
10:12:24
name is spelled, J-O-H-N-S-T-O-N.
10:12:28
THE COURT:
10:12:32
That ought to do it.
10:12:33
10:12:33
10:12:33
10
BY MR. GARDNER:
10:12:34
11
Q.
10:12:35
12
10:12:38
13
introduce yourself for the jury?
10:12:39
14
A.
10:12:42
15
10:12:44
16
A.
I work with DEA, Drug Enforcement Administration.
10:12:49
17
Q.
(BY MR. GARDNER) They're not asleep yet.
10:12:51
18
10:12:54
19
A.
About four years.
10:12:54
20
Q.
And where are you currently stationed?
10:12:56
21
A.
Laredo, Texas.
10:12:57
22
Q.
And you are actually a member of this investigative team,
10:13:02
23
correct?
10:13:02
24
A.
Yeah.
10:13:04
25
Q.
And as the DEA case agent, what was your task as related to
Tell us your full name, please, sir, and
spell your last.
Yes.
William J. Johnston, Sr.
My last
If you'll move that mic a little bit back.
WILLIAM J. JOHNSTON, called by the Government, duly sworn.
DIRECT EXAMINATION
Thank you, your Honor.
Special Agent Johnston, if you would, could you please
Good morning -THE COURT:
Whoa, whoa, don't get that close.
How long have you worked for the DEA, sir?
I was DEA's case agent for this team.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 72 of 290
72
10:13:10
this investigation?
10:13:10
A.
10:13:13
some of the defendants and some of the people who worked the Los
10:13:17
Alamitos and some of the people that worked at some of the race
10:13:19
horses -- the race tracks.
10:13:20
Q.
10:13:25
Nayen's apartment?
10:13:25
A.
Yes, sir.
10:13:28
Q.
Did you participate in the arrest of Mr. Carlos Nayen?
10:13:30
10
A.
Yes, sir.
10:13:30
11
Q.
Now, with respect to the search warrants, what information
10:13:37
12
did you have to indicate that members or possible members of this
10:13:40
13
organization were using e-mail traffic?
10:13:43
14
A.
10:13:48
15
race track, and they responded back to us giving us e-mail
10:13:51
16
correspondence that they had with Mr. Fernando Garcia, who used
10:13:56
17
10:14:00
18
Q.
10:14:04
19
e-mails?
10:14:04
20
A.
10:14:08
21
a preservation letter.
10:14:12
22
it was Hotmail, which is owned and operated by Microsoft.
10:14:16
23
sent them a preservation letter with the e-mail address
10:14:20
24
[email protected], and asked that they do not delete any
10:14:24
25
information that was preserved on their servers.
I primarily focused on the e-mail correspondence between
And did you also participate in the search warrant of Carlos
I was there.
I was present.
We served a grand jury subpoena on multiple Los Alamitos
And based on that, what steps did you take to obtain those
Following getting that e-mail, I produced a -- what's called
You send it to the e-mail, in this case
So I
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 73 of 290
73
10:14:27
Q.
And why did you send that preservation letter?
10:14:30
A.
We send that so that in case people are made aware that
10:14:33
they're under investigation, they may try to delete some of those
10:14:36
e-mails that are stored on the server.
10:14:40
preservation letter, they can't delete them.
10:14:43
delete them, they're saved on their server.
10:14:45
Q.
10:14:49
providers retained deleted e-mails without that preservation
10:14:54
letter?
10:14:54
10
A.
10:14:57
11
deleted from the user, the server deletes them.
10:15:00
12
Q.
10:15:04
13
take?
10:15:04
14
A.
10:15:07
15
search warrant.
10:15:13
16
-- why the government believes they're using this e-mail, in this
10:15:17
17
case, to conspire to money launder, and I give that e-mail to Mr.
10:15:21
18
Gardner.
10:15:24
19
Gardner, it's produced to the district judge here.
10:15:27
20
judge or mag judge will review it, make any changes.
10:15:32
21
changes are made by myself and Mr. Gardner, I go in front of the
10:15:35
22
judge, and he'll sign it and I'll sign it.
10:15:38
23
10:15:41
24
receive it, they'll produce their -- their response.
10:15:45
25
that back to me either on an e-mail or a CD.
So when we sent that
Even if they do
And in your case, did you find that these e-mail service
No.
They won't retain them.
They're deleted.
Once they're
And, sir, after that preservation letter, what steps did you
Following getting that preservation letter, I draft up a
I produce some probable cause on why I believe
Mr. Gardner and I review it.
Once it's given to Mr.
The district
Once the
I'll submit that via fax to Hotmail, and once they
They send
Once I receive
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 74 of 290
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10:15:50
either a CD or the e-mail, I send that to our IT department, our
10:15:54
investigative technology department, and they upload it onto a
10:15:58
viewable database on a computer so I can read the e-mails in
10:16:02
format that's understandable.
10:16:05
Q.
10:16:09
[email protected] e-mail?
10:16:12
A.
Yes, sir.
10:16:13
Q.
All right.
10:16:15
A.
Yes, sir.
10:16:15
10
Q.
All right.
10:16:19
11
take to obtain other e-mails?
10:16:23
12
A.
10:16:28
13
e-mailing a number of other defendants in the case as well as
10:16:32
14
other people.
10:16:36
15
them, I saw that they were using e-mail correspondence
10:16:39
16
predominantly in this case to send records to talk to one another
10:16:44
17
and to talk to people in Mexico.
10:16:49
18
more preservation letters, more search warrants to several other
10:16:55
19
e-mail accounts.
10:16:59
20
drafted in this case.
10:17:00
21
Q.
10:17:04
22
correspondence, for example, say from Fernie004 to someone else,
10:17:08
23
why did you feel it was necessary to get that person's account?
10:17:11
24
A.
10:17:16
25
you're done with an e-mail, you'll delete it.
And did you eventually go through that process to obtain the
And did you review those e-mails?
And based on that review, what steps did you
Following the analysis on Fernando Garcia's e-mail, he was
Once I received some of his e-mails and reviewed
So once I got that, I drafted
I believe approximately 14 e-mail accounts were
And with respect to that, if you already have the
Because sometimes when you're using your e-mail address and
Sometimes people
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 75 of 290
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10:17:19
don't do that.
They'll save their e-mails in case they have to
10:17:21
go back and check it out.
10:17:23
10:17:27
several of the e-mails were on one e-mail account and they were
10:17:29
not on the other e-mail account.
10:17:31
Q.
10:17:35
already part of the stipulation that was seized at the Huitron
10:17:39
business in Austin, Texas on Highway 183.
10:17:43
sir?
10:17:44
10
A.
Yes, sir.
10:17:44
11
Q.
Did you review this item taken from the search warrant on
10:17:47
12
the Huitron residence?
10:17:48
13
A.
Yes, sir.
10:17:48
14
Q.
And did you use this particular item with respect to
10:17:51
15
drafting your search warrant affidavits?
10:17:53
16
A.
Yes, sir.
10:17:57
17
Q.
And there's a lot of scribbles on this, is there not,
10:18:07
18
Special Agent?
10:18:08
19
A.
Yeah.
10:18:09
20
Q.
All right.
10:18:12
21
A.
Yes, sir.
10:18:12
22
Q.
And what do they appear to be to you in general?
10:18:23
23
A.
Looks like a ledger for a painting.
10:18:28
24
Q.
And were you aware that the Huitrons were involved in the
10:18:30
25
painting and home business?
So what I saw in reviewing multiple e-mail accounts is
Now, I'm going to show you Government's Exhibit 71.
This is
Do you recognize that,
There's some scribble on there.
And did you review all the pages behind it?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 76 of 290
76
10:18:32
A.
Yes, sir.
10:18:33
Q.
And so, the purpose of this exhibit on the front page is
10:18:36
relevant to this investigation.
10:18:38
A.
Yes, sir.
10:18:41
Q.
So when you looked at this exhibit seized from the Huitrons,
10:18:52
did you see that e-mail obviously?
10:18:54
A.
Yes.
10:18:58
Q.
And the jury has heard some of this one.
10:19:03
submit a search warrant and obtain a search warrant for that
10:19:06
10
e-mail address?
10:19:06
11
A.
Yes, sir.
10:19:07
12
Q.
And finally, this one right here, [email protected],
10:19:17
13
did you obtain a search warrant for that e-mail address?
10:19:19
14
A.
Yes, sir.
10:19:19
15
Q.
I'm showing you Government's Exhibit 358A for demonstrative
10:19:41
16
purposes.
10:19:45
17
10:19:46
18
10:19:47
19
10:19:52
20
Q.
(BY MR. GARDNER) Do you recognize these, sir?
10:19:55
21
A.
Yes, sir.
10:19:55
22
Q.
And what, in fact, are they?
10:20:03
23
A.
Exhibit 358A is a business record authentication declaration
10:20:10
24
from Microsoft Corporation.
10:20:18
25
response, that e-mail spent to me on a DEA CD.
They contain the e-mail addresses.
That's Fernando Garcia's e-mail.
MR. WOMACK:
Did you also
Your Honor, if I could get the number for
the last exhibit.
MR. GARDNER:
That was 71.
It's also a copy of the Hotmail
For, for example,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 77 of 290
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10:20:30
358B, this is a request for documents regarding
10:20:39
10:20:43
stating that the information they sent is true to the best of
10:20:50
their knowledge.
10:20:51
10:20:56
and it's also a certification of authenticity, which is sent from
10:21:01
the custodian of records.
10:21:05
Q.
10:21:12
were the actual e-mails that you received from the various e-mail
10:21:16
10
providers?
10:21:17
11
A.
Yes, sir.
10:21:18
12
Q.
And you said you sent them to your IT, your internet
10:21:23
13
technology section?
10:21:24
14
A.
Yes, sir.
10:21:25
15
Q.
And what process was conducted there?
10:21:29
16
A.
When in this case Yahoo, Google and Hotmail sent either it's
10:21:35
17
a disk or an e-mail to myself, that data can't be read very
10:21:40
18
easily.
10:21:45
19
data.
10:21:45
20
10:21:49
21
computer department, and they upload it into a viewable data.
10:21:53
22
Now, Yahoo, Hotmail and Microsoft, they don't always send it the
10:21:57
23
same.
10:22:02
24
it to us, so each one is sent differently.
10:22:05
25
use Microsoft Explorer to look at it.
It's also a business records declaration
And for Exhibit 358C, it's a gmail, which is Google,
And I believe, as you stated earlier, Special Agent, these
In this case, it was extremely hard to read some of the
So what we do in DEA is I send that data to our IT
There's no go-by.
There's no way that they have to send
And Yahoo, I have to
And for gmail, it's
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 78 of 290
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10:22:09
Firefox.
So they're extremely different ways to view these
10:22:12
e-mails.
10:22:13
So what our IT department does is puts it in a viewable
10:22:16
data so I can check them all out and look at them and review them
10:22:19
very easily.
10:22:22
Q.
10:22:26
10:22:28
A.
Microsoft is going to be MSN, which is a Hotmail.
10:22:32
Q.
Everyone commonly refer to as a Hotmail account?
10:22:35
10
A.
Yes, sir.
10:22:36
11
Q.
And generally when you were going through these e-mails,
10:22:41
12
what process -- let me strike that.
10:22:46
13
question.
10:22:46
14
10:22:53
15
in a specific form.
10:22:55
16
A.
10:22:58
17
a computer program.
10:23:03
18
specific to our -- I'm the only one who has the ability to check
10:23:07
19
out those e-mails.
10:23:10
20
out each e-mail separately.
10:23:16
21
in this case.
10:23:23
22
non-pertinent file and then, a file that was neither.
10:23:28
23
10:23:31
24
brought them to my case team and I brought them to AUSA Gardner,
10:23:36
25
and we reviewed them to see which ones were most pertinent, more
And did you go through those steps -- sorry.
One question.
Microsoft is what e-mail?
Let me ask a better
You said in conjunction with the IT folks that puts it
Yeah.
It's put on a specific format and it's also put onto
It's called Cool Miner and each case is
So I'll log into the computer and I'll check
I reviewed, I think, 16,000 e-mails
And over that time, I produced a pertinent file, a
So I printed up the pertinent and the neither, and I
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 79 of 290
79
10:23:40
pertinent, and least, because there was such a high amount of
10:23:43
e-mails, 16,000 e-mails in this case.
10:23:45
Q.
10:23:48
that many of them were in Spanish?
10:23:49
A.
Yes.
10:23:50
Q.
And what steps did you take to interpret the e-mails that
10:23:54
were in Spanish?
10:23:55
A.
10:23:58
Laredo who does sat down at the computer with me, and together,
10:24:02
10
we read over each e-mail.
10:24:07
11
he told me what they said, I was able to say if it was pertinent
10:24:11
12
or not.
10:24:14
13
write down on the e-mails what they had said and, again, I
10:24:19
14
produced that to AUSA Gardner.
10:24:20
15
Q.
10:24:24
16
that were being presented here in court today?
10:24:27
17
A.
Yes, sir.
10:24:27
18
Q.
And were those e-mails then provided to a certified
10:24:30
19
translator for the official translations?
10:24:32
20
A.
10:24:34
21
the same female who is up here helping out in the trial.
10:24:38
22
Q.
10:24:42
23
official translations supplied to the defense attorneys back in
10:24:45
24
March?
10:24:45
25
A.
And when you were reviewing these e-mails, did you observe
A lot of them were in Spanish.
I don't speak Spanish, so one of my task force officers from
A lot of them were in Spanish and once
I printed them up and I had him make copies of them and
And subsequent to that, did you and I select those e-mails
Yes, sir.
I believe the translator who translated that is
And were those rough translations by the agent and the
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 80 of 290
80
10:24:47
Q.
And just roughly, I want to generally talk about this is
10:24:52
Government's Exhibit 358G, admitted yesterday.
10:25:01
look at one particular page with the e-mail date of 3-30-2012 at
10:25:05
6:21 p.m.
10:25:09
10:25:11
general?
10:25:11
A.
10:25:16
going to say the source file name, what data type it is.
10:25:21
case, it's an e-mail.
10:25:26
10
be the -- when the e-mail was sent or received.
10:25:30
11
have a source IP address and the subject on the subject line.
10:25:37
12
this case it's read OLA.
10:25:41
13
dark black, it says e-mail address, friendly name, participant
10:25:45
14
type.
10:25:52
15
10:25:56
16
Marine and that's from --
10:25:58
17
Q.
That's the friendly name, correct?
10:25:59
18
A.
Yes, sir.
10:26:04
19
was [email protected], and that friendly name is Diego
10:26:12
20
Verdaguer.
10:26:15
21
Q.
10:26:19
22
correct?
10:26:20
23
A.
10:26:23
24
is, when I reviewed it, or when it was uploaded into the Cool
10:26:26
25
Miner system, and then, on top, you can see it says undecided.
I just want to
What is this page and where does it come from just in
That page is the first page when I print up an e-mail, it's
In this
The start and date time, which is going to
It's going to
In
In this case, you're going to see a
So if you can see this e-mail is sent by
The name is Miguel Angel Almazon
That's the friendly name.
The e-mail that was to
As I said, I don't speak Spanish.
And this down here is the DEA's file creation information,
Yeah.
It's going to have a file type, how big the file size
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 81 of 290
81
10:26:31
That's one of the e-mails because it was in Spanish, I wasn't
10:26:33
sure if it was pertinent or not, so I printed it up and had that
10:26:37
translated.
10:26:39
Q.
10:26:44
we'll use this one as introduced yesterday the Anri2319.
10:26:50
often see the friendly name changed?
10:26:52
A.
Yes, sir.
10:26:55
Q.
What's that an indication of based on your investigation in
10:26:59
this case?
10:26:59
10
A.
10:27:04
11
e-mail from a specific e-mail address, in this case,
10:27:09
12
[email protected] was sent by the same user.
10:27:13
13
name under the friendly name was different.
10:27:16
14
says Diego, but in other cases, it says, "Yo Yo" or other names.
10:27:21
15
Q.
10:27:26
16
Exhibit 358A, 358B and 358C for demonstrative purposes only.
10:27:59
17
10:28:04
18
B and C for demonstrative purposes are admitted.
10:28:10
19
Q.
10:28:16
20
Special Agent Johnston, we selected just a number of e-mails.
10:28:20
21
you could, could you just please go through the selected e-mail
10:28:23
22
accounts that you and I prepared for court today by e-mail name?
10:28:28
23
A.
Yes, sir.
10:28:36
24
Q.
And that's Government's Exhibit 358B, correct?
10:28:40
25
A.
Yes, sir.
And, in particular, the e-mails in January, for example,
Did you
Not always was it the same.
After reviewing these e-mails, I determined that not every
Sometimes the
In this case, it
Your Honor, at this time, I would move to offer Government's
THE COURT:
All right.
538 hearing no objection, 358A,
(BY MR. GARDNER) For the purposes of the court here today,
The first e-mail is [email protected].
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
If
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 82 of 290
10:28:40
Q.
One other question on that.
10:28:44
did you obtain the subscriber information?
10:28:46
A.
Yes, sir.
10:28:51
Q.
And what about the subscriber information on the other
10:28:54
e-mails that you obtained?
10:28:55
A.
10:28:58
I believe they were used.
10:29:03
same and the last name was different.
10:29:06
name was different and the last name was also different.
10:29:08
10
Q.
10:29:10
11
exhibits?
10:29:11
12
A.
Yes, sir.
10:29:11
13
Q.
If you will continue, please, with the next exhibit.
10:29:14
14
A.
Yes.
10:29:20
15
10:29:31
16
Exhibit 358F, as in Fox Trot.
10:29:40
17
or, I'm sorry, @hotmail.com.
10:29:51
18
10:30:04
19
10:30:20
20
10:30:22
21
Q.
Who did you understand Anali Faces to be?
10:30:25
22
A.
She is the wife of Miguel Nayen-Borbolla.
10:30:30
23
Q.
Also known as Carlos Nayen?
10:30:32
24
A.
Yes, sir.
10:30:33
25
Q.
Next exhibit?
82
When you obtained the e-mails,
This e-mail was subscribed to a Fernando Garcia.
Some of the other e-mails were not subscribed to the person
In some cases, the first name was the
In some cases, the first
Is that subscriber information contained within the
The next exhibit is going to be 358E.
It's
The next one is going to be
It's going to be mr_cabrera@ -The next one is Exhibit 358H,
The next one is Exhibit 358I,
The next one is Exhibit 358J,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 83 of 290
The next exhibit is 358K, [email protected].
83
10:30:34
A.
10:30:46
next exhibit is 358L, [email protected].
10:30:57
is going to be 358G, [email protected].
10:31:05
Q.
You spell Anri, A-N-R-I; is that correct?
10:31:07
A.
Yes, sir.
10:31:11
Q.
Special Agent Johnston, did you apply the same process that
10:31:13
you just described earlier to each and every one of these Hotmail
10:31:16
or e-mail accounts?
10:31:18
A.
Yes, sir.
10:31:19
10
Q.
Your Honor, I would offer Government's Exhibit 358D through
10:31:26
11
G inclusive, although I know some of them were introduced
10:31:31
12
yesterday.
10:32:19
13
358M, which is the certification by the court -- or not court
10:32:25
14
translator, but by the translator.
10:32:28
15
THE COURT:
10:32:30
16
MR. GARDNER:
10:32:37
17
MR. MAYR:
10:32:38
18
THE COURT:
10:32:43
19
MR. GARDNER:
10:32:45
20
THE COURT:
10:32:46
21
MR. GARDNER:
10:32:47
22
THE COURT:
10:32:54
23
10:32:57
24
10:33:14
25
And the last one
A-N-R-I.
Your Honor, I apologize.
I'd also like to introduce
That's M?
M, your Honor, as in Mike.
We have no objection, your Honor.
All right.
358D through.
M, your Honor.
Well.
You're right.
I've just got D, E, F, H, I, J, K, L, G and
M.
MR. GARDNER:
Q.
The
Yes, sir.
That's correct.
(BY MR. GARDNER) Now, Special Agent Johnston, in your
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 84 of 290
84
10:33:26
training and experience, have you been a participant in a number
10:33:32
of search warrants?
10:33:33
A.
Yes, sir.
10:33:34
Q.
Physical search warrants, not e-mail search warrants?
10:33:36
A.
Yes, sir.
10:33:37
Q.
Have you conducted Title III investigations?
10:33:39
A.
I have.
10:33:40
Q.
Have you conducted surveillance?
10:33:42
A.
Yes, sir.
10:33:42
10
Q.
What other investigative steps have you covered in your
10:33:47
11
career?
10:33:47
12
A.
10:33:55
13
seizures, search warrants on businesses, residence, e-mail
10:33:58
14
accounts, Facebook accounts, that kind of stuff.
10:34:02
15
Q.
10:34:05
16
makes one of those actions, what do you typically see is the
10:34:09
17
response from the criminal organization?
10:34:11
18
A.
10:34:16
19
themselves from other members of the organization, and they'll
10:34:20
20
get rid of their cellphone.
10:34:24
21
dropping their e-mail address, their Facebook account, deleting
10:34:27
22
as much as they can to kind of remove themselves from that
10:34:30
23
organization and try to divert law enforcement from getting
10:34:35
24
evidence which could be used in the court.
10:34:39
25
Q.
Seizure of drugs, money, guns, surveillance, like you said,
And in that training and experience, when law enforcement
Usually participants in the organization try to distance
We call it dropping their cellphone,
So let's say, hypothetically, there is a law enforcement
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 85 of 290
10:34:42
action and these people drop their information.
10:34:47
that have on your investigative steps?
10:34:49
A.
10:34:54
or phone number, an address.
10:34:59
their phone.
10:35:04
their information to help out with our investigation.
10:35:07
Q.
10:35:11
race track in March 27th of last year?
10:35:14
A.
Yes, sir.
10:35:15
10
Q.
The jury heard testimony on this account yesterday by Mr.
10:35:19
11
Felipe Quintero.
10:35:22
12
A.
Yes, sir.
10:35:22
13
Q.
And when it talks about clean devices and talk to me, it's
10:35:30
14
clear, is that consistent with your testimony you just provided
10:35:33
15
regarding criminal organization activities?
10:35:35
16
A.
10:35:40
17
e-mail address in this case.
10:35:45
18
Q.
10:35:57
19
10:36:02
20
consistent with what you saw in the A-N-R-I e-mail account?
10:36:07
21
A.
Yes.
10:36:08
22
Q.
And was it on the same day?
10:36:10
23
A.
It was on the same day and I believe the day after.
10:36:14
24
Q.
When we're talking the day after, we're talking the day
10:36:18
25
after the Los Alamitos raid?
It makes it very difficult.
85
What effect did
We might have an e-mail address
They might move, they might drop
It makes it very difficult for us to find them, use
And, sir, are you familiar with the raid at the Los Alamitos
Yeah.
Have you reviewed these e-mails?
It's a clean a device is get a new phone or get a new
Now, I'm showing you Government's Exhibit 358E,
Did you see activity also
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 86 of 290
86
10:36:19
A.
Yes, sir.
10:36:20
Q.
And in this horses.quarter.racing@hotmail e-mail address,
10:36:27
are there e-mails to and from Fernando Garcia?
10:36:29
A.
Yes, sir.
10:36:29
Q.
Is that using the Fernie004 address?
10:36:32
A.
Yes, sir.
10:36:32
Q.
And when you looked at the Fernie004 address, did you see
10:36:36
the same e-mails?
10:36:38
A.
I believe they were there.
10:36:41
10
Q.
Is that consistent with what you described earlier about the
10:36:44
11
deleting e-mails?
10:36:45
12
A.
10:36:47
13
them to be reviewed or they don't want to see it, then they'll
10:36:50
14
just delete it.
10:36:51
15
Q.
10:37:14
16
e-mail, dated April 4th, 2012, 5:29, from the
10:37:32
17
horses.quarter.racing e-mail friendly name of?
10:37:34
18
A.
Javier Lopez.
10:37:36
19
Q.
And to who?
10:37:36
20
A.
To [email protected] and under the friendly name, you
10:37:43
21
can see it says, Fernando Garcia.
10:37:46
22
Q.
And, again, original e-mail's in Spanish, correct?
10:37:48
23
A.
Yes, sir.
10:37:49
24
Q.
All right.
10:37:53
25
referred to as an e-mail string?
Yeah.
On the 28th.
Sometimes when an e-mail is sent and they don't want
So, Special Agent, I want to turn your attention to an
And does it show a number of what is commonly
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 87 of 290
10:37:55
A.
Yeah.
10:38:01
time that it's the same subject.
10:38:04
same string.
10:38:05
Q.
And, again, did you see this string in the Fernie004?
10:38:11
A.
No.
10:38:12
Q.
And is this the translation?
10:38:15
A.
Yes, sir.
10:38:37
Q.
Let me get my act together here.
10:38:39
10:38:49
10
10:38:58
11
Q.
10:39:00
12
second.
10:39:00
13
10:39:05
14
to the subscriber information?
10:39:07
15
A.
10:39:11
16
that's going to be your e-mail address.
10:39:15
17
Q.
Log in up here?
10:39:16
18
A.
Yes, sir.
10:39:17
19
Q.
E-mail address?
10:39:18
20
A.
Yeah.
10:39:22
21
10:39:24
22
Q.
10:39:28
23
e-mail address, correct?
10:39:29
24
A.
10:39:32
25
assign you whatever e-mail address you want as long as it's
87
It's e-mails back and forth sent over a period of
MR. WOMACK:
So it will keep them under the
Sir, could we get the exhibit number?
MR. GARDNER:
358E.
(BY MR. GARDNER) So, Special Agent -- let me back up a
On 358E, is this what you're talking about with respect
Yeah.
If you can see on the top field, it says log in,
So in this case, it's
And as you said, that information is provided for each
Yeah.
When you sign up for an e-mail address, they'll
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 88 of 290
88
10:39:34
available, and you can put in any name you want as the user name.
10:39:41
Q.
10:39:55
10:39:59
10:40:02
10:40:05
10:40:06
MR. GARDNER:
10:40:06
THE COURT:
10:40:09
10:40:12
10
has been working all through the time that you've been out of the
10:40:16
11
room and she needs a break, and I expect the lawyers do, too.
10:40:20
12
let's take a ten-minute break to use the facilities.
10:40:23
13
come back.
10:40:53
14
(Jury not present.)
10:41:02
15
THE COURT:
10:52:33
16
(Recess.)
10:53:06
17
(Jury present.)
10:54:37
18
Q.
10:54:39
19
were ready to talk about an e-mail.
10:54:42
20
is dated on March 31st of 2012.
10:54:45
21
A.
Yes, sir.
10:54:45
22
Q.
And prior to the break, I believe you said the date of the
10:54:50
23
raid at Los Alamitos, when was that?
10:54:52
24
A.
It was March 27th, 2012.
10:54:54
25
Q.
And, again, this e-mail's from who, addressed to whom?
Give me one second.
Let me start with another e-mail first.
This e-mail's dated March 31st.
A.
Yes, sir.
THE COURT:
Are you about to get into the e-mail
itself?
Yes, your Honor.
All right.
I'm going to give -- members of
the jury, you may not need another break, but my court reporter
So
Be ready to
Ten-minute recess.
(BY MR. GARDNER) Special Agent Johnston, when we left, we
And just again, this e-mail
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 89 of 290
Can you zoom out a little bit?
89
10:55:03
A.
10:55:09
horses.quarter.racing@hotmail to [email protected].
10:55:17
Q.
And, again, Spanish original e-mail, correct?
10:55:21
A.
Yes, sir.
10:55:32
Q.
And the English translation behind it?
10:55:34
A.
Yes, sir.
10:55:39
Q.
Could you do me a favor and read that into the record,
10:55:42
please?
10:55:42
A.
10:55:48
10
destroy everything else that was theirs.
10:55:52
11
your computer.
10:55:58
12
you have a pin or something or some other means, let me know so
10:56:02
13
that we can talk and get things organized.
10:56:10
14
Q.
10:56:13
15
earlier testimony regarding the common attributes of a criminal
10:56:17
16
organization?
10:56:17
17
A.
Yeah.
10:56:19
18
Q.
And destroy everything else, in your opinion, was that also
10:56:25
19
common?
10:56:25
20
A.
Yes.
10:56:26
21
Q.
It says, get rid of your face.
10:56:29
22
to be?
10:56:29
23
A.
10:56:33
24
account on their computer.
10:56:37
25
Q.
Yes, sir.
It's going to be from
Shaman told me that you should toss your cell and
PSS, that's what he said.
Get rid of your face on
Sweetie, please, if
Things pending.
Now, this toss your cell, is this consistent with your
Yes, sir.
What do you interpret that
I would go to say that that means they mean their Facebook
And finally, down here at the end, sweetie, if you have a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 90 of 290
90
10:56:41
pin or some other means, let me know.
10:56:44
A.
10:56:50
very secure way of messaging someone.
10:56:54
message, but it's through the BlackBerry phone.
10:56:58
Q.
10:57:04
talk to you via that method?
10:57:07
A.
10:57:11
PIN-to-PIN, you need to know each person's PIN.
10:57:14
person's PIN is an eight digit and letter, kind of like a text
10:57:18
10
message, but it's more secure.
10:57:19
11
Q.
10:57:31
12
3-31-2012.
10:57:38
13
April 4th, 2012.
10:57:42
14
is and to whom it's addressed?
10:57:44
15
A.
10:57:50
16
10:57:54
17
Q.
And, again, there's the original e-mail in Spanish, correct?
10:57:57
18
A.
Yes, sir.
10:58:00
19
Q.
Okay.
10:58:07
20
just for the record so it's clear, could you read this bottom
10:58:11
21
portion of the e-mail?
10:58:11
22
A.
10:58:15
23
You have a pin?
10:58:18
24
Q.
10:58:21
25
3rd, 2012 at 8:23?
A PIN is a BlackBerry.
What is a PIN?
It's PIN-to-PIN messaging.
It's a
Kind of like a text
And if I had a PIN but I don't know yours, could I still
You could call, but you couldn't talk on a PIN.
So I want to go to the next e-mail.
Yes.
I'm sorry.
And each
This one is dated
That was the same one.
This one's dated
For the record, can you say from who the e-mail
It's from [email protected] and it's
I want to start from the bottom.
Yes, sir.
What's up Shayman?
And if you will,
What have you been doing?
And then, is this the response the next line up on April
Is that a response from Fernando Garcia?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 91 of 290
Yes.
91
10:58:24
A.
That's from Fernie004@hotmail to
10:58:31
horses.quarter@hotmail.
10:58:33
him.
10:58:34
Q.
10:58:37
Huitron or?
10:58:38
A.
"Chevo" Huitron.
10:58:39
Q.
You say that because of the next line in the e-mail string
10:58:42
and that was dated also April 3rd at 13:44.
10:58:49
clock?
10:58:49
10
A.
Yeah.
10:58:51
11
Q.
If you would read that into the record for me.
10:58:53
12
A.
Yes.
10:58:56
13
instructions, please let me know.
10:59:01
14
Q.
10:59:05
15
from Fernando?
10:59:06
16
A.
Yes, sir.
10:59:07
17
Q.
What's that say?
10:59:08
18
A.
Where do I go?
10:59:11
19
Q.
And finally, the response from horses.quarter, dated next
10:59:18
20
day at 5:24 a.m., correct?
10:59:20
21
A.
Yes, sir.
10:59:21
22
Q.
And if you will, read that one into the record.
10:59:23
23
A.
Over here where I am, sweetie, on the border.
10:59:28
24
you a phone and some instructions.
10:59:31
25
me all the registrations.
It says, Huitron says for you to call
And based on this alone, do you know whether that's "Chevo"
Is this the 24-hour
So that would be 1:44.
Sweetie, if you come by for expenses and some
And Chevo is not answering.
And on the same date at what is 7:39, is this the response
When?
So as to give
Sweetie, I need you to send
I've been asking for them.
Please,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 92 of 290
92
10:59:35
let me know what's up.
My regards, bye.
10:59:39
Q.
10:59:43
investigations you've done in your past with regards to dropping
10:59:47
and obtaining new phones?
10:59:49
A.
Yes.
10:59:49
Q.
And the next e-mail, April 5, 2012, same individuals,
11:00:04
correct?
11:00:04
A.
Yes, sir.
11:00:05
Q.
Could you read the one dated April 5th, time 10:51:30?
11:00:17
10
A.
Yes, sir.
11:00:21
11
you the reference number soon.
11:00:25
12
you to call him.
11:00:31
13
Q.
11:00:35
14
the Texas trainer is?
11:00:37
15
A.
11:00:42
16
11:00:45
17
speculation on the part of the witness.
11:00:45
18
Q.
11:00:48
19
have you seen that before?
11:00:49
20
A.
Yes.
11:00:50
21
Q.
And is this the response?
11:00:53
22
A.
Yes, sir.
11:00:54
23
Q.
Could you read that into the record, please?
11:00:55
24
A.
All right sweetie.
11:00:59
25
Send me yours.
Sir, is this e-mail string consistent with other
Yes, to the address that you gave me, I'll send
Listen, the Texas trainer wants
Send me your BB so I can add you.
Do they identify in either this string or another string who
From past e-mails, I believe the Texas trainer is -MR. ESPER:
Objection, your Honor.
It calls for
(BY MR. GARDNER) I'll ask another question.
And the BB,
It means BlackBerry.
I'll call him soon.
I'm on the road.
I got a new one soon and add you.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 93 of 290
93
11:01:04
Q.
And if I get a new BlackBerry, does that come with its own
11:01:09
independent translation?
11:01:11
A.
Yes.
11:01:13
Q.
PIN, I'm sorry?
11:01:13
A.
Each BlackBerry phone has a significant PIN that's assigned
11:01:17
to that phone.
11:01:23
PIN can only be used on that specific phone.
11:01:26
get a new BlackBerry phone to talk to someone else, they need
11:01:31
their specific PIN.
11:01:35
10
put together.
11:01:36
11
Q.
11:01:39
12
April 5th, 11:31 p.m., and let's go straight to the translation.
11:01:47
13
I'd just like to start here.
11:01:49
14
11:01:51
15
that, please.
11:01:52
16
A.
Sweetie, send me your BBM so I can add you.
11:01:56
17
Q.
And what is Fernando Garcia's response?
11:01:59
18
A.
Like I said, that's going to be the PIN that's associated
11:02:03
19
with the phone that he was currently using or that he currently
11:02:06
20
bought.
11:02:11
21
Q.
11:02:16
22
consistent with other investigations you've conducted in the past
11:02:19
23
of similar activity?
11:02:20
24
A.
Yes, sir.
11:02:20
25
Q.
May I have one moment, your Honor?
Each BlackBerry.
If I drop or toss my cellphone, that BlackBerry
So for someone to
Like I said, it's eight digits and numbers
So the last e-mail I want to show you here is dated also
And this is from horses to Fernie.
If you could read
Sir, again, is it your opinion that this e-mail traffic is
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 94 of 290
94
11:02:22
THE COURT:
You may.
11:02:28
MR. GARDNER:
11:02:42
11:02:42
BY MR. FINN:
11:02:43
Q.
Good morning, Special Agent.
11:02:44
A.
Good, sir.
11:02:45
Q.
Good.
11:02:49
just have a couple of questions.
11:02:51
A.
Yes, sir.
11:02:52
10
Q.
And I heard you say, just a moment ago, that tossing
11:02:56
11
cellphones is a common criminal organization practice; is that
11:03:02
12
correct?
11:03:02
13
A.
Yes, sir.
11:03:03
14
Q.
So if somebody held onto the same phone with the same number
11:03:08
15
for many years, that would be inconsistent with this common
11:03:12
16
criminal organization practice, wouldn't it?
11:03:17
17
A.
A lot of people have multiple phones.
11:03:19
18
Q.
Okay.
11:03:23
19
common criminal organization practice is to toss cellphones, you
11:03:29
20
agree with that, correct?
11:03:29
21
A.
Yes, sir.
11:03:30
22
Q.
Then if I hold on and I'm a criminal, if I hold onto the
11:03:35
23
same phone number and the same phone for five years, that would
11:03:38
24
be in your experience and training inconsistent with common
11:03:42
25
criminal activity; isn't that correct?
Your Honor, I'll pass the witness.
CROSS-EXAMINATION
How are you?
Another day in paradise.
My name is David Finn and I
I represent Jose Trevino.
Let me ask the question again.
If it's true that a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 95 of 290
95
11:03:45
A.
For that one phone, yes, sir.
11:03:46
Q.
Thank you.
11:03:50
THE COURT:
11:03:58
MR. SANCHEZ:
11:04:01
11:04:07
THE COURT:
11:04:16
MR. SANCHEZ:
11:04:18
11:04:20
11:04:20
10
Q.
11:04:23
11
e-mails; is that right?
11:04:24
12
A.
Yes, sir, we did.
11:04:24
13
Q.
And these five e-mails are part of the e-mail search warrant
11:04:32
14
that you conducted?
11:04:34
15
A.
Yes, sir.
11:04:35
16
Q.
Or, in other words, as part of the return?
11:04:37
17
A.
Yeah.
11:04:39
18
Q.
16,000?
11:04:40
19
A.
Approximately.
11:04:41
20
Q.
Okay.
11:04:47
21
labeled as Colorado 10, one of them is translated, the other four
11:04:51
22
are not.
11:04:55
23
soon as I can.
11:04:56
24
MR. GARDNER:
11:04:57
25
THE COURT:
That's all.
Mr. Sanchez.
Do you know what number we're up to?
Ten?
I think he was using 358E?
Is that your --
I've got some others.
CROSS-EXAMINATION
BY MR. SANCHEZ:
Mr. Johnston, we went over this during the break, these five
There was a lot of e-mails.
Your Honor, I'm going to introduce five e-mails
And I'll -- by agreement, I'll have them translated as
No objection, your Honor.
All right.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 96 of 290
96
11:05:01
MR. SANCHEZ:
And I'll pass the witness, your Honor.
11:05:02
THE COURT:
11:05:07
MR. SANCHEZ:
11:05:15
THE COURT:
11:05:18
Q.
11:05:20
one that you actually had translated; is that correct?
11:05:23
A.
Yes.
11:05:25
Q.
And this one is dated February 1st, 2012?
11:05:29
A.
Yes, sir.
11:05:32
10
Q.
And this is one that you did not have translated; is that
11:05:36
11
correct?
11:05:36
12
A.
Yes, sir.
11:05:37
13
Q.
And this one, this is the second one in the group, and this
11:05:41
14
is from February 21, 2012 from Miguel Almazon to this Anri2319?
11:05:49
15
A.
11:05:52
16
11:05:55
17
identification or the date because you're going to do it in one
11:06:00
18
exhibit.
11:06:01
19
MR. SANCHEZ:
11:06:02
20
THE COURT:
11:06:07
21
MR. SANCHEZ:
11:06:08
22
THE COURT:
11:06:10
23
11:06:13
24
11:06:15
25
Do you want to identify them with a number?
I could do that.
Would be, what, 10?
(BY MR. SANCHEZ) This is Colorado 10.
So this is the first
I had it translated.
Yes, sir.
THE COURT:
Counsel, if you'd just read the
That's right, your Honor.
Just identify the number of them and -Okay.
I'll admit it, because there's no
objection, and then, you could have the translation later.
MR. SANCHEZ:
sorry, April 14th, 2012.
The third one is on April 15th -- or,
The fourth one is May 2nd, 2012.
And
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 97 of 290
97
11:06:22
the fifth one is from August 25th, 2012.
Your Honor, it's five
11:06:26
grouped together.
11:06:27
11:06:30
without objections.
11:06:38
You can get those to the clerk.
11:06:41
MR. SANCHEZ:
11:06:42
THE COURT:
11:06:45
MR. WOMACK:
11:06:46
11:06:46
10
BY MR. WOMACK:
11:06:50
11
Q.
Good morning, Special Agent Johnston.
11:06:51
12
A.
Good morning, sir.
11:06:52
13
Q.
I'm Guy Womack from Houston.
11:06:56
14
we?
11:06:56
15
A.
No, sir.
11:06:57
16
Q.
But we rode the elevator this morning.
11:07:00
17
ourselves?
11:07:01
18
A.
11:07:02
19
11:07:04
20
questions.
11:07:04
21
Q.
11:07:05
22
11:07:08
23
account.
11:07:08
24
A.
Uh-huh.
11:07:09
25
Q.
You talked about this -- and all of us that have used e-mail
It's Colorado 10.
THE COURT:
Thank you.
And Colorado 10 is admitted
So if you'll do your translation, it's 10A.
Thank you, your Honor.
All right.
Mr. Womack.
Yes, your Honor.
Thank you.
CROSS-EXAMINATION
How are you?
We've never met before, have
We didn't introduce
I don't remember, sir.
THE COURT:
That's interesting.
Let's go to the
(BY MR. WOMACK) Yes, sir.
A couple of questions about establishing an e-mail
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 98 of 290
98
11:07:14
know that in our own e-mail account, we may have an address book?
11:07:18
A.
Yes.
11:07:18
Q.
And in that address book, we can save an e-mail if we get
11:07:23
one from someone that we want to save to use again or whatever.
11:07:28
And in our address book, it will print their e-mail address, and
11:07:33
then, it has a place for to put the person's name.
11:07:38
has a thing, a block where you show the friendly name; is that
11:07:43
right?
11:07:43
A.
11:07:46
10
e-mail address like that.
11:07:48
11
Q.
Okay.
11:07:50
12
A.
Yes, sir.
11:07:52
13
Q.
If someone sends you an e-mail, family, anybody, a friend,
11:07:56
14
whoever, and you save it into your in box -- I mean, into your
11:08:03
15
address book on your e-mail account, can you not assign a
11:08:06
16
friendly name for that person?
11:08:07
17
A.
11:08:11
18
never done it.
11:08:11
19
Q.
11:08:14
20
friendly name is you put in there the friendly name that you use
11:08:18
21
for that person?
11:08:22
22
way when you see an e-mail come from that person, you say, oh,
11:08:25
23
that's what's his name, and so, you can establish your own
11:08:29
24
friendly name for someone.
11:08:31
25
A.
I don't know off the top of my head.
And then, it
I haven't set up my
Your personal e-mail?
I have never done that.
I'm not saying you can't.
But I've
Would it surprise you that that's how you establish a
It could be anything you want to put.
And that
But you didn't know that?
I didn't know that.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 99 of 290
Okay.
99
11:08:32
Q.
Well, then, do you know how friendly names are
11:08:37
established in everybody's e-mail account?
11:08:43
that, do you?
11:08:43
A.
No.
11:08:44
Q.
Okay.
11:08:49
you're calling a friendly -- is it name?
11:08:54
A.
11:08:58
computer program we use says who it's from or -- not the subject
11:09:03
line but the person who's sending it that's not identified as
11:09:06
10
their e-mail address.
11:09:07
11
Q.
11:09:11
12
established.
11:09:14
13
will be a friendly name associated with particular address?
11:09:16
14
A.
11:09:20
15
would start an e-mail address, I would put in the friendly name I
11:09:24
16
would want to be identified as.
11:09:26
17
used.
11:09:27
18
Q.
11:09:32
19
friendly e-mail name for the people you're receiving e-mails
11:09:35
20
from.
11:09:36
21
A.
I don't have an address book.
11:09:38
22
Q.
Oh, okay.
11:09:42
23
done then?
11:09:42
24
A.
11:09:45
25
account, I don't have one.
You don't really know
But yet, you would agree that the friendly -- what
Friendly what?
Friendly name is just how the machine that -- or the
Okay.
So you don't know how that friendly name is
You just know that typically with the e-mail there
I believe that when you start your e-mail address, when I
Okay.
That's how I thought it was
But yet, you've never -- you've never established a
You've never done that?
I gotcha.
So you don't know how that's actually
I could make an address book.
I just on my personal e-mail
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 100 of 290
Q.
Okay.
100
11:09:46
Now, it was Government's Exhibit 71, which is?
11:10:00
11:10:04
11:10:44
11:10:45
Q.
11:10:50
actually a -- it's a legal pad, isn't it?
11:10:52
A.
Yes, sir.
11:10:53
Q.
And you were shown one page of that legal pad when
11:11:00
discussing the exhibit; is that right?
11:11:01
10
A.
This morning?
11:11:02
11
Q.
Yes.
11:11:04
12
A.
I believe AUSA Gardner showed me multiple pages on it.
11:11:08
13
Q.
Okay.
11:11:10
14
page that had e-mail addresses and had some other information on
11:11:15
15
it?
11:11:15
16
A.
Yes, sir.
11:11:16
17
Q.
Is that the first page?
11:11:18
18
A.
That is the first page.
11:11:19
19
Q.
Now, do you know whose handwriting is on the first page?
11:11:23
20
A.
I do not know whose handwriting is on the first page.
11:11:26
21
Q.
Do you know if it's one person, or is it several people, or
11:11:30
22
do you have any idea?
11:11:33
23
A.
11:11:38
24
different handwritings.
11:11:39
25
Q.
MR. GARDNER:
Q.
It's with the clerk.
(BY MR. WOMACK) I want to show you what's been admitted -MR. GARDNER:
Admitted.
(BY MR. WOMACK) -- as Government's Exhibit 71.
Now, 71 is
And remember that he had -- you testified about one
From looking at it, there's several -- at least two
Okay.
But we have no idea who they were?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 101 of 290
101
11:11:41
A.
I don't know who they are.
11:11:43
Q.
Okay.
11:11:47
notepad or that legal pad?
11:11:50
A.
11:11:57
Eusevio Huitron's search warrant.
11:11:59
Q.
11:12:02
found that legal pad there?
11:12:05
A.
I believe so.
11:12:06
Q.
Okay.
11:12:11
10
next page.
11:12:18
11
glance through it generally.
11:12:42
12
appear to be a listing of the names of horses?
11:12:50
13
A.
No.
11:12:54
14
Q.
I want to show you from looking at those few pages,
11:13:22
15
actually, it looks like colors of paint, doesn't it?
11:13:25
16
A.
Yes, sir.
11:13:26
17
Q.
I'm looking for an e-mail account.
11:14:24
18
a second.
11:14:29
19
11:14:37
20
information from e-mail providers on Fernando Garcia, you found
11:14:43
21
that he had one e-mail address and it was Fernie004@.
11:14:50
22
A.
Hotmail.
11:14:50
23
Q.
Hotmail, correct?
11:14:51
24
A.
Yes, sir.
11:14:51
25
Q.
And when you looked at the subscriber information, it was
And, again, if you can tell us, where was that
Where was it found?
That was found during a search warrant.
I believe during
Someone serving Mr. Huitron's home, business, whatever,
And look at the -- after the first page, look at the
And glance down through there.
You had a chance to
And go to the next page.
Does it
I'll get it here in just
Now, when you looked at the information and obtained
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 102 of 290
102
11:14:57
his name, Fernando Garcia?
11:14:58
A.
Yes, sir.
11:15:00
Q.
And could you determine from that -- did they tell you that
11:15:05
he has had -- he's 29 years old.
11:15:10
address since he was in high school.
11:15:13
back a decade or more?
11:15:14
A.
I believe it does show it goes back.
11:15:16
Q.
And it's as that same e-mail address with his name.
11:15:19
A.
Yes, sir.
11:15:27
10
Q.
Based on your -- well, I'll do that in a minute.
11:15:35
11
at you said there were searches that were done, as well, correct?
11:15:39
12
A.
Can you be more specific?
11:15:41
13
Q.
Were you involved in searches as well as e-mail?
11:15:44
14
also involved in the physical searches where evidence was
11:15:48
15
obtained physically, phones, stuff like that?
11:15:50
16
A.
On this case?
11:15:51
17
Q.
Yes.
11:15:51
18
A.
Yes, sir.
11:15:52
19
Q.
Okay.
11:15:58
20
seized from him at the time that he was apprehended in this case.
11:16:02
21
A.
I wasn't present when he was apprehended.
11:16:05
22
Q.
Okay.
11:16:08
23
when he was apprehended?
11:16:10
24
A.
I wasn't.
11:16:10
25
Q.
And you've not seen any of that analysis of his cellphone?
He has had that same e-mail
Did it show that it goes
Let's look
Were you
And you know that Fernando Garcia's cellphone was
Are you aware that his cellphone was taken from him
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 103 of 290
103
11:16:13
A.
I don't believe I have.
11:16:14
Q.
Okay.
11:16:18
from him when he was apprehended?
11:16:20
A.
I wasn't.
11:16:21
Q.
So you have not seen any analysis of his laptop computer?
11:16:24
A.
Let me correct.
11:16:29
possession of a laptop or there was a laptop present when he was
11:16:31
arrested.
11:16:32
Q.
Okay.
11:16:37
10
A.
I believe I have.
11:16:39
11
Q.
And from looking at that, you know that the information
11:16:43
12
contained in his laptop goes back quite some period of time.
11:16:47
13
A.
It could.
11:16:51
14
Q.
In other words, it doesn't just go back like a week, or a
11:16:54
15
month, or March, or whatever it was.
11:16:58
16
doesn't it?
11:16:59
17
A.
It could.
11:17:01
18
Q.
In other words, and you know the same thing about his
11:17:05
19
cellphone.
11:17:08
20
he's had that same cellphone for quite some time.
11:17:11
21
A.
11:17:15
22
Carlos Nayen.
11:17:18
23
Q.
11:17:24
24
case agent for the Laredo office on this case and being involved
11:17:28
25
in investigations as you have, you've actually seen some of the
Are you aware that his laptop computer was seized
I am aware, yes.
I am aware that he was in
And have you seen any of the analysis of that laptop?
I only saw certain stuff.
It goes back before that,
Yes.
That cellphone information was retrieved and shows
My role was specifically e-mail addresses and the arrest of
Okay.
I cannot testify to his cellphone.
And I'm asking if you've actually seen -- as being a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 104 of 290
104
11:17:35
product where his cellphone had been searched and analyzed,
11:17:38
haven't you?
11:17:39
A.
I don't recall seeing his cellphone analysis.
11:17:42
Q.
Okay.
11:17:51
than a decade, that would appear to be inconsistent with what you
11:17:56
were talking about this common criminal activity, wouldn't it?
11:17:58
A.
For that specific e-mail address, yeah.
11:18:00
Q.
And that's the only e-mail address Fernando Garcia has,
11:18:05
isn't it?
11:18:05
10
A.
It's the only one that I found.
11:18:06
11
Q.
And you're an expert at doing this?
11:18:09
12
A.
I haven't been declared as an expert of doing this.
11:18:13
13
done in this case every e-mail, but I haven't been sworn in as an
11:18:16
14
expert.
11:18:20
15
of e-mail accounts.
11:18:21
16
Q.
11:18:24
17
it was done here.
11:18:27
18
address, one of them, for more than a decade, correct?
11:18:30
19
A.
For that one.
11:18:32
20
Q.
As you said that would be inconsistent based on your normal
11:18:35
21
expectation of what someone involved in a crime would do.
11:18:39
22
A.
I would.
11:18:40
23
Q.
Likewise, keeping the same laptop would be inconsistent,
11:18:43
24
won't it?
11:18:44
25
A.
For a person to keep the same e-mail address for more
I have
But in this case, I've reviewed a lot e-mails and a lot
Certainly you have more expertise than we do as far as how
And so, you know he's had that same e-mail
I wouldn't say inconsistent.
Many people have multiple
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 105 of 290
105
11:18:49
laptops, multiple e-mail addresses, multiple phones, and they
11:18:53
don't use that specifically for something bad or dirty.
11:18:58
Q.
Right.
11:18:59
A.
Or they've had an e-mail address or a phone for a long
11:19:03
period of time prior to getting involved in bad stuff or illegal
11:19:07
activity.
11:19:07
Q.
11:19:12
which is the only one I care about.
11:19:14
A.
That's fine.
11:19:15
10
Q.
You know, he's used the same e-mail address and all the
11:19:18
11
e-mails you have here that you are attributing to him came from
11:19:21
12
his e-mail address.
11:19:22
13
11:19:24
14
11:19:28
15
11:19:30
16
11:19:34
17
11:19:38
18
Q.
(BY MR. WOMACK) That's true, isn't it?
11:19:39
19
A.
I'm sorry, what?
11:19:43
20
Q.
That happens.
11:19:45
21
From your investigation, you know that Fernando Garcia
11:19:50
22
has used the one e-mail address for more than a decade, correct?
11:19:54
23
A.
11:20:00
24
I, off the top of my head, I cannot remember exactly when he
11:20:03
25
opened it up.
Sure.
And, again, bringing it back to Fernando Garcia,
MR. GARDNER:
Your Honor, we object to the form of the
question, which is not a question.
MR. WOMACK:
It was.
I laid the predicate and said, is
that true?
THE COURT:
Finish it up with, is that true?
Can you repeat the question?
I'd have to look back, but it says it on the paperwork.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
And
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 106 of 290
106
11:20:04
Q.
But you know it's been several years?
11:20:07
A.
I believe it has.
11:20:08
Q.
And all the e-mails that you are attributing to him, the
11:20:13
ones that we've seen between him and Papalotes and I forget,
11:20:19
horse.quarter, and all these other things, those were all using
11:20:23
that e-mail address, aren't they, for Fernando Garcia?
11:20:25
A.
From what we talked about, correct.
11:20:27
Q.
Okay.
11:20:38
knowledge, is the only laptop that's been seized from him,
11:20:41
10
correct?
11:20:42
11
A.
To the best of my knowledge, yes.
11:20:43
12
Q.
And that laptop has information and data going back quite
11:20:50
13
some period of time before this investigation.
11:20:53
14
11:20:54
15
11:20:57
16
THE COURT:
11:21:01
17
MR. WOMACK:
11:21:04
18
actually seen on the laptop, he'd seen some information that came
11:21:06
19
out of the laptop.
11:21:09
20
jury.
11:21:09
21
Q.
11:21:12
22
Fernando Garcia has used one laptop that goes back before this
11:21:15
23
investigation.
11:21:17
24
A.
11:21:21
25
the top of my head, I don't know.
And the laptop that was seized from him, to your
MR. GARDNER:
question.
Yes.
Your Honor, he's already asked this
Repetitive at this point.
He has indicated he doesn't know.
I think he said he did know.
He's
I want to make sure that's clear for the
(BY MR. WOMACK) On the laptop, you know he's used --
I don't know how long your client's had that laptop.
Off
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 107 of 290
107
11:21:22
Q.
But there was only one laptop seized from him.
11:21:25
A.
If he -- I don't know off the top of my head.
11:21:30
there was only one laptop, but that doesn't mean that's the only
11:21:33
laptop he had.
11:21:33
Q.
11:21:37
laptop, you know it has information that goes back even before
11:21:40
this investigation.
11:21:41
11:21:43
11:21:45
10
11:21:46
11
11:21:48
12
THE COURT:
11:21:50
13
MR. WOMACK:
11:21:52
14
11:21:54
15
THE COURT:
11:21:57
16
MR. WOMACK:
11:21:57
17
11:21:57
18
11:22:11
19
11:22:11
20
(Last question read back.)
11:22:12
21
THE COURT:
11:22:15
22
A.
11:22:22
23
be on his laptop from before the investigation started.
11:22:27
24
Q.
11:22:31
25
when someone sent an e-mail, get rid of everything.
I believe
And from having looked at the information taken from that
MR. GARDNER:
answered.
Your Honor, at this point, asked and
Third time, I believe.
MR. WOMACK:
We're trying to get a straight answer,
your Honor.
difficult.
Now, counsel.
I mean, I'm not saying he's being
He's trying to recollect things.
He's trying to get an answer would be fine.
Yes, sir.
Trying to get an answer.
Thank
you.
THE COURT:
Read back the question to the witness,
please.
Can you answer that?
If it went back before, I believe 2009, then yes, it might
(BY MR. WOMACK) It certainly goes back before March of 2012
It goes back
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 108 of 290
108
11:22:35
before that, doesn't it?
11:22:36
A.
Yes.
11:22:37
Q.
And that's an indication that when Fernando Garcia got an
11:22:42
e-mail that says, get rid of your phone, get rid of everything,
11:22:45
he didn't do that, did he?
11:22:47
A.
No.
11:22:51
Q.
And that would be inconsistent with a coconspirator in a
11:22:55
criminal case who is being told, get rid of everything.
11:22:58
keep everything, that's inconsistent with that, from your
11:23:01
10
experience?
11:23:02
11
A.
Sometimes people don't listen to orders.
11:23:05
12
Q.
Okay.
11:23:20
13
use his one e-mail address up until today.
11:23:25
14
you?
11:23:25
15
A.
11:23:29
16
afterwards.
11:23:34
17
couldn't -- I could tell you, but it would take some time.
11:23:38
18
Q.
11:23:42
19
think, that evening or the next day.
11:23:47
20
since June of 2012 between Fernando and me, haven't you?
11:23:53
21
A.
Between Fernando and you?
11:23:55
22
Q.
And me.
11:23:55
23
A.
I'm.
11:23:56
24
Q.
11:24:01
25
I've got.
If you
And you know that Fernando Garcia has continued to
You know that, don't
When I send e-mail search warrant, I don't know what happens
He might use it.
He might not.
He was arrested in June of 2012.
I don't know.
His family hired me, I
You have seen the e-mails
That's my e-mail address.
The only one
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 109 of 290
109
11:24:02
A.
Okay.
11:24:02
Q.
Have you seen e-mail traffic between Fernando to and from
11:24:06
me?
11:24:07
A.
11:24:11
they might have spanned after he was arrested.
11:24:14
Q.
11:24:18
and client, you don't use that information, do you?
11:24:20
A.
No.
11:24:21
Q.
And I'm not suggesting you're doing anything wrong.
11:24:24
10
want to establish that you know because they've been shown to me,
11:24:27
11
y'all actually have e-mails of him since he hired me.
11:24:32
12
has the same address.
11:24:34
13
A.
Yes.
11:24:35
14
Q.
Okay.
11:25:00
15
e-mails, don't you?
11:25:00
16
A.
Occasionally.
11:25:03
17
Q.
And when you delete an e-mail address, it could mean that
11:25:07
18
you're just done with that information, correct?
11:25:09
19
A.
The address or the e-mail?
11:25:12
20
Q.
If you delete an e-mail, if you delete an e-mail, that could
11:25:15
21
mean you're done with that e-mail, correct?
11:25:18
22
A.
11:25:20
23
want to see it anymore or you don't want anyone else to see it.
11:25:23
24
Q.
And you don't want it to fill up your in box?
11:25:26
25
A.
Yes.
Like I said, there's a lot of e-mails and I could have, and
I understand.
And when you see e-mail between a attorney
I don't read it.
I just
He still
You know that.
Now, you talk about deleting e-mails.
You delete
I do have a lot in my in box, but I do.
It could mean you're done with it, or could mean you don't
You only get a certain amount of space provided from
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 110 of 290
110
11:25:29
the provider.
11:25:31
Q.
11:25:34
for people to open e-mails and then, delete some of them?
11:25:37
A.
Correct.
11:25:38
Q.
And if they think they might need it again for some reason,
11:25:44
either for the address or the information, they may keep that?
11:25:46
A.
11:25:49
forever.
11:25:50
Q.
11:26:12
10
11:26:17
11
A.
Yes.
11:26:18
12
Q.
Who is that?
11:26:19
13
A.
That's going to be Victor Lopez, and I believe Victor Lopez
11:26:24
14
and Carlos Nayen both use that e-mail address.
11:26:26
15
Q.
11:26:53
16
is, but it's this Exhibit 358E has two red tabs?
11:26:58
17
A.
Uh-huh.
11:26:59
18
Q.
Do you see that?
11:26:59
19
A.
Yes, sir.
11:27:01
20
Q.
That someone put there.
11:27:05
21
11:27:07
22
Q.
11:27:10
23
going to look at the first half in the e-mail string that's on
11:27:12
24
there.
11:27:12
25
A.
Right.
Yeah.
Okay.
Okay.
And so, it would be very common in your experience
They can do that.
They can just not delete it and it will stay there
358E, like echo, were the e-mails from
Do you know who that is?
From looking at -- and I don't know what page this
MR. GARDNER:
That's marking certain pages?
That was me, Mr. Womack.
(BY MR. WOMACK) And I bet it was Mr. Gardner did it.
I'm
Okay.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 111 of 290
I'm going to show it to you on the string.
111
11:27:13
Q.
11:27:16
translation of the e-mail string; is that right?
11:27:20
A.
11:27:23
into English.
11:27:24
Q.
Okay.
11:27:27
A.
Not very well.
11:27:28
Q.
Okay.
11:27:31
11:27:35
11:27:37
10
11:27:39
11
Translation's been available for objections to the defense for
11:27:42
12
over a month.
11:27:44
13
11:27:46
14
the witness -- I want agreement that this is a real translation.
11:27:49
15
I'm not challenging the translation.
11:27:50
16
11:27:53
17
pursuant to my order, and the lawyers according to my order had a
11:27:58
18
reasonable time to object to any of the translations.
11:28:01
19
on.
11:28:02
20
11:28:03
21
Q.
11:28:14
22
Fernando Garcia is trying to get information about where to
11:28:16
23
deliver or where he can pick up registration.
11:28:21
24
from reading the e-mails?
11:28:22
25
A.
One of two translations, but it is.
Yes.
Now, this is a
It's translated
And do you speak Spanish?
Join the crowd.
And so, the translation, though, we're assuming was
done properly, don't you think?
MR. GARDNER:
Your Honor, I'm going to object.
That is misleading.
MR. WOMACK:
THE COURT:
MR. WOMACK:
Your Honor, I'm not objecting.
I'm asking
Well, tell the jury it's a real translation
Let's go
Thank you, your Honor.
(BY MR. WOMACK) From reading this e-mail, it appears that
Can you point to the e-mail?
Do you know that
The top one.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 112 of 290
11:28:28
Q.
Well, the top one -- the top e-mail is from somebody to
11:28:31
Fernando; is that right?
11:28:33
A.
You flip back the page, I'll tell you who it's from.
11:28:35
Q.
Oh, okay.
11:28:39
A.
Right.
11:28:43
Q.
Okay.
11:28:46
A.
Correct.
11:28:46
Q.
The page before looks like it has Spanish.
11:28:51
A.
Correct.
11:28:52
10
Q.
So I guess these two go together, don't they?
11:28:55
11
translation of the other?
11:28:56
12
A.
Yes.
11:28:56
13
Q.
Okay.
11:29:02
14
gray box that says, e-mail participants?
11:29:04
15
A.
Yes, sir.
11:29:05
16
Q.
And so, the sender.
11:29:11
17
A.
It says --
11:29:12
18
Q.
From is horses.quarter.racing and a friendly name Javier
11:29:18
19
Lopez?
11:29:18
20
A.
Correct.
11:29:19
21
Q.
And it's to Fernie004, Fernando Garcia?
11:29:22
22
A.
Correct.
11:29:23
23
Q.
Okay.
11:29:28
24
A.
That's when I reviewed it.
11:29:31
25
Q.
Oh.
So it's on the other page?
Yeah.
No, keep going.
This page says the word "translation."
Thank you.
Oh, okay.
One's
And two pages back has this
And this was on October 17, 2012?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
112
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 113 of 290
113
11:29:31
A.
Or either -- it's either when I reviewed it or it's when it
11:29:35
was uploaded into that Cool Miner machine.
11:29:38
Q.
11:29:43
at 5:24 in the morning.
11:29:45
A.
Correct.
11:29:46
Q.
Thank you.
11:29:56
you look at this string of e-mails, the bottom e-mail is the
11:30:01
oldest one.
11:30:05
the page in order, didn't they?
11:30:07
10
A.
That's correct.
11:30:08
11
Q.
And if I flip to the next page will have this same string of
11:30:16
12
e-mails in English?
11:30:17
13
A.
Correct.
11:30:17
14
Q.
Okay.
11:30:27
15
is, what's up Shaman.
11:30:34
16
the reply -- and that's the morning of April 2nd because we're
11:30:44
17
using a 24-hour clock.
11:30:49
18
roughly, 22 and a half, Fernando Garcia replies, Huitron says for
11:30:56
19
you to call him.
11:30:57
20
A.
Correct.
11:31:02
21
Q.
And then, the reply that afternoon, five hours later is,
11:31:13
22
sweetie, if you come by for expenses and some instructions.
11:31:16
23
Please let me know.
11:31:22
24
And you know from your investigation that Fernando
11:31:24
25
Garcia is involved in representing horse buyers and sellers,
I gotcha.
Okay.
So the e-mail was sent on April 4th, 2012
And it would appear like most e-mails that as
And then, the replies or subsequent e-mails go up
And so, the first e-mail of this string on April 2nd
What you been doing?
You have a pin?
And
So the next morning, 22 hours later,
And Chevo is not answering.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 114 of 290
114
11:31:29
training horses, managing horses.
11:31:35
activity.
11:31:36
A.
Correct.
11:31:37
Q.
And that much of the evidence in this case deals with paying
11:31:44
expenses and costs associated with quarter horse racing?
11:31:51
A.
Correct.
11:31:51
Q.
Okay.
11:32:02
horses.quarter, later that evening, Fernando Garcia replies,
11:32:07
where do I go?
11:32:12
10
instructions, correct?
11:32:13
11
A.
Yeah.
11:32:19
12
Q.
And then, the reply to that e-mail, which I presume we
11:32:31
13
believe is at April 4th at 5:24 in the morning is the top e-mail,
11:32:36
14
which says, over here where I am, sweetie, on the border.
11:32:40
15
to give you a phone and some instructions.
11:32:45
16
to send me all of the registrations.
11:32:49
17
Please let me know what's up.
11:32:53
18
A.
Yes.
11:32:57
19
Q.
Now, from your investigation and your participation in this
11:32:59
20
investigation, you know that registrations in this case can refer
11:33:03
21
to the certificates of registration for quarter horses?
11:33:07
22
A.
11:33:10
23
the lineage of the horse and who owns it.
11:33:15
24
Q.
11:33:18
25
this or to prove that?
Yeah.
He's involved in horse-related
You know that?
And then, after getting the e-mail from
When?
And this is to come by for expenses and
Correct.
So as
Sweetie, I need you
I'm being asked for them.
Correct?
That that's --
From what I understand on the registrations, it says
And it seemed to be important in the racing business to know
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 115 of 290
115
11:33:19
A.
Yeah.
It's very important.
11:33:20
Q.
Okay.
Now, and, again, the second tab on this exhibit,
11:33:29
which is 358 Echo -- one second.
11:33:43
appears that this is an e-mail dated 3-31-12 and here, they're
11:33:52
not using a 24-hour clock.
11:33:55
A.
Yes, sir.
11:33:56
Q.
And that's, again, from horses.quarter to Fernando Garcia?
11:34:00
A.
Yes, sir.
11:34:01
Q.
The next page is in Spanish but the second page after it.
11:34:17
10
Now, the top, it has an address for the Ibarra Ranch in Laredo?
11:34:25
11
A.
Yes, sir.
11:34:33
12
Q.
And this is an e-mail from this quarter.horses saying,
11:34:38
13
Shaman told me you should toss your cell and destroy everything
11:34:41
14
else that was theirs.
11:34:50
15
And that's a message that was sent to Fernando Garcia?
11:34:54
16
A.
11:34:57
17
received it.
11:35:00
18
Q.
11:35:17
19
I'm sorry.
11:35:20
20
11:35:26
21
to horses.quarter was okay, fine.
11:35:30
22
should send you the registrations.
11:35:35
23
e-mail from Fernando to horses.quarter.
11:35:40
24
A.
Yes.
11:35:43
25
Q.
And that's the message?
If I'm doing it correctly, it
It's 4:33 p.m., correct?
Get rid of your face on your computer.
From the best of my knowledge, that's what it said when I
It's sent from and to.
But in reply -- make sure I'm not confusing this.
Okay.
I get out of order.
The reply from the earlier e-mail from Fernando Garcia
Send me the address to which I
Things pending.
That's the
It's from Fernando to horses.quarter.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 116 of 290
116
11:35:43
A.
That's how I read it.
11:35:45
Q.
And then, the reply was, Laredo ranch Ibarra with an address
11:35:51
and toss your cell, destroy everything, right?
11:35:55
A.
Yes, sir.
11:35:56
Q.
Which we know wasn't done.
11:35:58
A.
Correct.
11:36:00
Q.
358 Delta or D is the -- these are e-mails.
11:36:20
stack of them on the account of Fernando Garcia?
11:36:25
A.
That's correct.
11:36:39
10
Q.
And it has e-mails from [email protected].
11:36:54
11
who Papalotes is?
11:36:55
12
A.
Yes, sir.
11:36:55
13
Q.
Who is that?
11:36:56
14
A.
Jose Luis Canales.
11:36:58
15
Q.
Okay.
11:37:10
16
where the first tab is, it looks like four tabs on this exhibit,
11:37:14
17
correct?
11:37:14
18
A.
I could only see three and a half.
11:37:16
19
Q.
Well, yeah.
11:37:18
20
tab that's folded or something?
11:37:20
21
A.
Oh, yes, sir.
11:37:20
22
Q.
Okay.
11:37:36
23
to Jane Eckert?
11:37:37
24
A.
Yes, sir.
11:37:40
25
Q.
And you don't know Jane Eckert, do you?
It's a thick
Do we know
And so, if I'm doing it correctly, the first page or
Okay.
So there's three and there's a fourth
And the first tab is an e-mail from Fernando Garcia
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 117 of 290
117
11:37:42
A.
I've never met her.
11:37:43
Q.
Okay.
But you know she's with Heritage Place.
11:37:48
that?
11:37:48
A.
Yeah.
I knew that.
11:37:49
Q.
Okay.
And that's a horse auction?
11:37:52
A.
Yes, sir.
11:37:53
Q.
In Oklahoma City?
11:37:54
A.
Yes, sir.
11:37:55
Q.
Okay.
11:37:59
10
Eckert on March 2nd, 2012?
11:38:03
11
A.
Yes, sir.
11:38:04
12
Q.
At about 11:00 at night?
11:38:06
13
A.
Yes, sir.
11:38:11
14
Q.
And what had happened here is that someone named Papalotes
11:38:25
15
-- you told us his name.
11:38:27
16
A.
Luis Canales.
11:38:28
17
Q.
Jose Luis Canales had sent to Fernando Garcia deposit slips
11:38:34
18
totaling $51,700, correct?
11:38:38
19
A.
Yes, sir.
11:38:38
20
Q.
And he has a little e-mail string here that says from
11:38:47
21
[email protected], sent that day, 20 minutes earlier to Jose Luis.
11:38:56
22
That says, subject, attached images, correct?
11:39:01
23
A.
Yes, sir.
11:39:02
24
Q.
And the attached images are deposit slips into a bank
11:39:06
25
account with the Bank of America?
Did you know
And so, this is an e-mail from Fernando to Jane
I forgot it -- was Jose somebody?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 118 of 290
118
11:39:07
A.
Yes, sir.
11:39:09
Q.
And if you add them up, they total $51,700?
11:39:15
A.
Correct.
11:39:22
Q.
And then, on March 2nd, we have an e-mail from Jane Eckert
11:39:35
to Fernando Garcia and a carbon copy sent to Jeff Tebow, also
11:39:42
with Heritage Place, correct?
11:39:44
A.
Yes, sir.
11:39:46
Q.
And that e-mail asks Fernando, did you ever hear from Carlos
11:39:53
when the balance will be paid on these horses?
11:39:57
10
on two months past the sale.
11:40:00
11
really impatient.
11:40:05
12
A.
Yes, sir.
11:40:09
13
Q.
And the earlier e-mail from her to Fernando, carbon copy
11:40:16
14
Jeff Tebow, and this is a February 23rd, 2012, says Fernando, I
11:40:21
15
show a payment of $228,700, which leaves $51,700 still owed.
11:40:28
16
you tell me when that will be paid?
11:40:32
17
A.
Yes, sir.
11:40:33
18
Q.
And you know from this e-mail string that what Fernando did
11:40:37
19
is he received these deposit slips from Papalotes and forwarded
11:40:44
20
them to Jane Eckert showing that here, it's been paid?
11:40:47
21
A.
Correct.
11:40:54
22
Q.
Sir, I have no further questions.
11:40:57
23
11:40:57
24
11:40:58
25
We're coming up
Jeff and the board are getting
And that was Jane Eckert with Heritage Place?
THE COURT:
Can
Thanks.
Thank you.
Mr. Esper.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 119 of 290
119
11:40:58
CROSS-EXAMINATION
11:40:58
BY MR. ESPER:
11:41:01
Q.
11:41:03
11:41:38
you know -- and if you don't, simply say so -- whether Mr.
11:41:41
Huitron, "Chevo" Huitron is, in fact, literate?
11:41:43
A.
I do not know that.
11:41:45
Q.
Did you search for any e-mails or e-mail accounts belonging
11:41:48
to "Chevo" Huitron?
11:41:51
10
A.
I didn't find any.
11:41:52
11
Q.
You didn't find any?
11:41:53
12
A.
No.
11:41:53
13
Q.
Okay.
11:41:57
14
search?
11:41:57
15
A.
I did.
11:41:58
16
Q.
Okay.
11:42:01
17
safe to say that he didn't have any.
11:42:03
18
A.
Or I didn't find any.
11:42:06
19
Q.
I think you're pretty good at your job, aren't you, sir?
11:42:09
20
A.
I think I'm pretty good at my job.
11:42:11
21
Q.
Okay.
11:42:15
22
correct?
11:42:15
23
A.
I did not.
11:42:16
24
Q.
Okay.
11:42:22
25
seen already about eight times, I'm not going to show them to you
Very briefly, your Honor.
Mr. Johnston, in the course of your investigation, do
Would it be fair to say that by you -- but you did
And because you didn't find anything, it would be
So you didn't find any for Mr. "Chevo" Huitron,
Now, with respect to those two e-mails that we've
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 120 of 290
But basically, there are two e-mail accounts.
120
11:42:25
again.
One is
11:42:28
horses.quarter.racing and the other is Fernie004@hotmail.
11:42:34
There's apparently an e-mail sent about 8:23 in the morning that
11:42:40
says, Huitron says to call.
11:42:44
A.
Yeah.
11:42:45
Q.
Now, that's, of course, not a e-mail from "Chevo" Huitron.
11:42:50
It's between two other e-mail accounts?
11:42:52
A.
Correct.
11:42:52
Q.
But basically he's saying, call me, meaning call on the
11:42:55
10
phone?
11:42:55
11
A.
Correct.
11:42:56
12
Q.
Would that be fair to assume?
11:42:57
13
A.
Yes, sir.
11:42:58
14
Q.
Okay.
11:43:02
15
later, there's another e-mail correspondence between these two
11:43:09
16
e-mail accounts and it says, Chevo's not answering, correct?
11:43:12
17
A.
Correct.
11:43:13
18
Q.
Okay.
11:43:16
19
A.
That's what --
11:43:18
20
Q.
And that's the only reference in all these e-mails that you
11:43:21
21
see to "Chevo" Huitron, correct?
11:43:22
22
A.
That's not correct.
11:43:23
23
Q.
That's not?
11:43:24
24
A.
No.
11:43:24
25
Q.
You see some other references to him?
Do you recall that?
Yes, sir.
Then about, I don't know, seems like about five hours
And he's not answering the phone.
Right?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 121 of 290
121
11:43:28
A.
In that specific string of e-mails or?
11:43:30
Q.
Not in that specific string of e-mail.
11:43:33
references to him in other e-mails?
11:43:35
A.
I have.
11:43:36
Q.
Okay.
11:43:39
A.
Correct.
11:43:41
Q.
And the ones you've seen referencing him, they don't come
11:43:44
from any e-mail account belonging to him.
11:43:47
A.
They did not.
11:43:48
10
Q.
Okay.
11:43:53
11
whether he even has a computer to your knowledge?
11:43:56
12
A.
I don't know.
11:43:57
13
Q.
Okay.
11:44:03
14
repetitive and I apologize if it is.
11:44:08
15
some people actually keep the same cellphone, correct?
11:44:13
16
A.
I've had my cellphone for very long times.
11:44:15
17
Q.
Yeah.
11:44:18
18
whether or not you made a search to determine whether Mr. "Chevo"
11:44:22
19
Huitron has a cellphone?
11:44:23
20
A.
I didn't.
11:44:24
21
Q.
You did not?
11:44:24
22
A.
Particularly myself, I did not.
11:44:27
23
Q.
Okay.
11:44:30
24
correct?
11:44:30
25
A.
Do you see other
But in this string, that's the only two?
In that string, that's all I saw.
And do you know -- and if you don't, simply say so --
Now, when you say a person -- and this may be
People drop cellphones but
And do you know -- and if you don't, simply say so --
That was done by some other law enforcement agent,
It was a very big case.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 122 of 290
I understand.
I think the jury understands that, too.
122
11:44:31
Q.
No
11:44:36
further questions.
11:44:36
THE COURT:
11:44:38
MR. MAYR:
11:44:39
11:44:39
BY MR. MAYR:
11:44:44
Q.
11:44:47
you know if my client Jesus Huitron, whether he has an e-mail
11:44:50
account?
11:44:51
10
A.
I do not know.
11:44:52
11
Q.
Okay.
11:44:57
12
A.
I didn't find any on the e-mails that I had in response.
11:45:01
13
And, again, I didn't search for his.
11:45:04
14
Q.
Would it be possible that he doesn't have an e-mail account?
11:45:07
15
A.
That's correct.
11:45:08
16
Q.
Okay.
11:45:14
17
In going through all these 16,000 e-mails.
11:45:18
18
reference to Jesus Huitron?
11:45:21
19
A.
I didn't.
11:45:23
20
Q.
Did not.
11:45:49
21
be some different writing, different addresses.
11:45:54
22
shows any sort of consistent trainer -- there's nothing
11:45:59
23
consistent about this piece of paper.
11:46:01
24
scratch piece of paper with different things written on it.
11:46:04
25
that fair to say?
Mr. Mayr.
Thank you, your Honor.
CROSS-EXAMINATION
Agent Johnston, I'm going to ask you a similar question.
Do
Did you search to find if he has an e-mail account?
Now, we did see some e-mails -- let me ask you this.
Okay.
Did you ever see any
Government's Exhibit 71.
There appears to
Nothing that
It's just sort of like a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Is
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 123 of 290
123
11:46:06
A.
Can you repeat that question?
11:46:07
Q.
Sure.
11:46:10
11:46:14
carefully.
11:46:20
strictly about horses, or painting, or any sort of -- one
11:46:26
particular topic; is that right?
11:46:37
A.
11:46:43
to a painting, user name, txusa_huitronpainting might be for a
11:46:52
computer or something.
11:46:54
10
besides Huitron Painting that would say it's -- I don't see
11:46:59
11
anything on here that has anything to do with horses besides the
11:47:04
12
associated e-mail addresses.
11:47:05
13
Q.
11:47:06
14
11:47:14
15
about this, but I'd just like to show it.
11:47:24
16
you see something like it says -- there's an address 2820 Amber
11:47:29
17
Valley Lane, right?
11:47:30
18
A.
Yes, sir.
11:47:30
19
Q.
Paint interior?
11:47:32
20
A.
Yes, sir.
11:47:32
21
Q.
Date.
11:47:39
22
A.
No.
11:47:42
23
they spent there at the facility.
11:47:46
24
Q.
11:47:49
25
through each one of these, but we've got one, two, three, four,
That was my fault.
I'm sorry.
Let me just show it to you so you could see it more
No.
It doesn't appear that this first page is talking
There's e-mail addresses, phone numbers, there's a link
Okay.
This is -- but I don't see anything
Fair enough.
Now, as far as the rest of 71, Mr. Womack asked you
The second page, do
There's a date right next to it right there, 4-8?
That looks like it's either a date or how much hours
Fair enough.
Or time.
Sure.
And we're not going to go
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 124 of 290
124
11:48:02
five, six, seven, eight, nine, ten, eleven, twelve, thirteen,
11:48:18
fourteen, fifteen, sixteen, seventeen, eighteen, nineteen,
11:48:25
twenty, twenty-one, twenty-two pages with identical inscriptions,
11:48:32
if you would, right?
11:48:35
A.
Looks like a ledger.
11:48:36
Q.
Right.
11:48:37
A.
Inscriptions, I wouldn't say that.
11:48:41
ledger.
11:48:42
Q.
Related to painting?
11:48:43
10
A.
Painting.
11:48:43
11
Q.
Okay.
11:48:54
12
time, your Honor.
11:48:54
13
THE COURT:
11:48:55
14
MR. GARDNER:
11:48:57
15
THE COURT:
11:49:00
16
MR. GARDNER:
11:49:02
17
11:49:02
18
11:49:04
19
jury, I'm going to let you eat today.
11:49:09
20
times are hard.
11:49:13
21
1:20.
11:49:52
22
(Jury not present.)
11:49:58
23
THE COURT:
11:50:01
24
11:50:01
25
But it looks like a
I have no further questions for this witness at this
Any direct?
Yes, your Honor.
About how long?
It might go past the noon hour, your
Honor.
THE COURT:
Okay.
Mark your place.
Members of the
May not get barbecue, but
Remember the instructions.
You may be seated.
Be ready to work at
Bring Mr. Guadalajara
back in.
MR. FINN:
Judge, while they're doing that, can I bring
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 125 of 290
125
11:50:03
something up quickly?
11:50:04
THE COURT:
11:50:07
MR. FINN:
11:50:09
with about ten pages of documents regarding seizure of various
11:50:12
evidence at my client's farm, at his house in Dallas, et cetera.
11:50:17
But at the bottom of every single page, the name of the agent
11:50:21
that it was received by is blacked out or redacted.
11:50:26
requesting that the government give me an unredacted copy of
11:50:29
these documents so I know who to question if I have any
11:50:33
10
questions.
11:50:36
11
questions of.
11:50:37
12
11:50:40
13
Because we've stipulated to the evidence.
11:50:44
14
still need to know who these agents are so I could ask
11:50:46
15
intelligent questions and not waste everyone's time by asking
11:50:50
16
every single witness, are you the one that prepared this?
11:50:53
17
think it's a reasonable request.
11:50:56
18
MR. GARDNER:
11:50:58
19
seizing agent that Mr. Finn signed, the only seizing agent is
11:51:03
20
Santiago Moya.
11:51:05
21
11:51:08
22
11:51:10
23
11:51:12
24
11:51:14
25
Sure.
You may step down, sir.
The government was kind enough to provide me
I've been
As it stands now, I don't know who to ask the
Mr. Gardner's position is, why do I need to know?
MR. FINN:
That is true.
But I
Your Honor, in the stipulation, the only
So Santiago Moya is the only person in the
bottom of these?
MR. GARDNER:
Yes.
Who was released based on your
agreement to stipulate.
MR. FINN:
Okay.
Well, thank you.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 126 of 290
THE COURT:
You're welcome.
126
11:51:18
Glad to accommodate.
11:51:21
11:52:13
11:52:15
they want to ask you.
11:52:18
the truth.
11:52:19
THE WITNESS:
11:52:19
THE COURT:
11:52:21
11:52:21
11:52:33
10
Q.
11:52:39
11
Agent Lawson and there were some other agents in the room with
11:52:42
12
you back in November, about a year and a half ago.
11:52:47
13
A.
Yes, sir.
11:52:47
14
Q.
Here in San Antone?
11:52:49
15
A.
Yes, sir.
11:52:50
16
Q.
And do you recognize any of the other agents that were in
11:52:52
17
the room?
11:52:52
18
A.
11:52:53
19
THE COURT:
We're not in San Antonio.
11:52:56
20
MR. ESPER:
Pardon me?
11:52:56
21
THE COURT:
We're not in San Antonio.
11:52:58
22
may have been in San Antonio.
11:52:59
23
Q.
(BY MR. ESPER) I'm sorry, the interview was in San Antonio?
11:53:03
24
A.
Correct.
11:53:03
25
Q.
Not in Austin?
Bring Mr. Guadalajara in.
Mr. Guadalajara, they've got some additional questions
Remember you're still under oath to tell
Do you understand?
Yes, sir.
All right.
RE-CROSS EXAMINATION
BY MR. ESPER:
Mr. Guadalajara, you testified that you were interviewed by
Yes, sir.
The interview
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 127 of 290
127
11:53:04
A.
Not in Austin.
11:53:05
Q.
And do you recognize any of the other agents in this
11:53:07
courtroom that were present in that room?
11:53:09
A.
Yes, sir.
11:53:09
Q.
Who?
11:53:10
A.
Those two.
11:53:11
Q.
Okay.
11:53:13
A.
Yes.
11:53:14
Q.
This is Mr. Pennington, correct?
11:53:16
10
A.
Yes, sir.
11:53:16
11
Q.
There were some other agents there, correct?
11:53:18
12
A.
Yes, sir.
11:53:19
13
Q.
Okay.
11:53:24
14
A.
No, sir, now.
11:53:32
15
Q.
Now, Mr. Guadalajara, this is a report that you've never
11:53:34
16
seen, correct?
11:53:35
17
A.
Yes, sir.
11:53:36
18
Q.
You have or have not seen?
11:53:37
19
A.
No.
11:53:39
20
Q.
The question was clumsily asked.
11:53:44
21
report, have you?
11:53:45
22
A.
No, sir.
11:53:45
23
Q.
But it's got a date of November 1st, 2011 and basically it
11:53:50
24
says that you're there.
11:53:52
25
A.
That's Mr. Lawson in the back, correct?
You just don't see them here in the courtroom?
I never seen that one.
You've never seen this
This is your name, correct?
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 128 of 290
128
11:53:53
Q.
And these are the agents who are interviewing you and it's
11:53:55
about a two- or three-page report.
11:54:01
okay?
11:54:03
paragraph here that has a pink star and it's highlighted.
11:54:08
you read that?
11:54:09
A.
11:54:13
States.
11:54:19
Tamaulipas.
11:54:22
Miguel's horses.
11:54:30
10
horses in Mexico.
11:54:30
11
Q.
Okay.
11:54:33
12
A.
Yes, sir.
11:54:34
13
Q.
Correct?
11:54:34
14
A.
Yes, sir.
11:54:35
15
Q.
Now, you testified on cross-examination -- I mean, on direct
11:54:40
16
examination that -- and when I asked you on cross-examination,
11:54:43
17
you said you told them a lot of other things about Mr. "Chevo"
11:54:47
18
Huitron, correct?
11:54:48
19
A.
Yes, sir.
11:54:49
20
Q.
But that's not -- but in this report, that's all that is
11:54:53
21
reported by the agents as you're telling them, correct?
11:54:57
22
A.
Yes, sir.
11:54:57
23
Q.
So when I show you this report, that statement right here is
11:55:04
24
not totally consistent with what you testified to here in court,
11:55:08
25
is it?
I'm just showing this to you,
Now, I'm going to direct your attention to this one little
Can
Cuellar has several horses in Mexico and in the United
Mamito also owned horses and had a ranch in Reynosa,
Huitron was a trainer from Austin, Texas who trains
Guia met Huitron once in Mexico who also have
Now, that's what you told them about "Chevo" Huitron?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 129 of 290
129
11:55:08
A.
Yes, sir.
11:55:09
Q.
It's not accurate.
11:55:12
A.
No, sir.
11:55:14
Q.
It's not accurate?
11:55:15
A.
Yes, sir.
11:55:16
Q.
Okay.
11:55:21
THE COURT:
11:55:23
MR. GARDNER:
11:55:25
MR. ESPER:
11:55:27
10
11:55:33
11
11:55:37
12
11:55:40
13
THE WITNESS:
11:55:43
14
THE COURT:
11:55:46
15
11:55:48
16
THE WITNESS:
11:55:49
17
THE COURT:
11:55:53
18
11:56:46
19
(Lunch recess.)
13:21:57
20
(Jury present.)
13:22:34
21
THE COURT:
13:22:40
22
noon and until the present time, has anybody attempted to talk to
13:22:44
23
you about this case?
13:22:45
24
JURORS:
13:22:46
25
THE COURT:
Is that what you're saying?
It's not accurate.
That's all I have, your Honor.
Do you wish any questions?
No, your Honor.
Your Honor, I would, for the record, renew
my request to cross-examine him on that issue, your Honor.
THE COURT:
Is the information contained in the report
not true?
It was true there.
So it's just not complete as to what you
say you've told the agents.
Yes, sir.
The objection remains overruled.
We're in
recess until 1:20.
Members of the jury, since you left before
No.
Have you talked to anyone about the case?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 130 of 290
130
13:22:48
JURORS:
No.
13:22:49
THE COURT:
13:22:50
13:22:53
JURORS:
13:22:54
THE COURT:
I didn't get the answer.
13:23:06
THE JUROR:
No, sir.
13:23:09
THE COURT:
It's a blessing sometimes.
13:23:13
All right.
Mr. Johnston, you understand you're still
13:23:15
13:23:16
10
THE WITNESS:
13:23:16
11
THE COURT:
13:23:19
12
13:23:19
13
BY MR. GARDNER:
13:23:21
14
Q.
13:23:23
15
questioned on various -- let's just go down on what Mr. Finn
13:23:25
16
started about.
13:23:26
17
13:23:28
18
activities with more than one phone?
13:23:29
19
A.
Yes, sir.
13:23:30
20
Q.
And would you kind of explain to the jury -- let's use Mr.
13:23:35
21
Finn's example of a person with a phone for many years.
13:23:39
22
they use that phone for?
13:23:41
23
A.
General conversation, friends, family.
13:23:44
24
Q.
And do they, I'll say, cross-pollinate with criminal
13:23:49
25
activity?
And have you learned anything at all about
the case, outside the presence of each other in this courtroom?
No.
Too quiet.
under oath?
Yes, sir.
You may proceed.
RE-DIRECT EXAMINATION
Special Agent Johnston, before lunch, you were obviously
Do you often find people involved in criminal
What do
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 131 of 290
No.
131
13:23:49
A.
Usually from what I've seen in the past, they'll have a
13:23:52
work phone.
13:23:55
they're going to use for criminal activity.
13:23:57
phone that they use for friends, family, coworkers.
13:24:03
Q.
13:24:12
Government's Exhibit 358E.
13:24:24
Mr. Womack talked to you about, I need you to send me all the
13:24:28
registrations on the border.
13:24:32
interpretation that he was only asking about horse business.
13:24:41
10
13:24:43
11
another interpretation?
13:24:45
12
A.
13:24:49
13
asking for the registration back for the horses.
13:24:51
14
Q.
Okay.
13:24:57
15
A.
Yes.
13:25:06
16
Alamitos law enforcement action.
13:25:11
17
Q.
13:25:18
18
Fernando Garcia having the same computer being inconsistent.
13:25:23
19
Here, I'm showing you an e-mail dated 4-5 of '12 at 12:41.
13:25:33
20
it indicate here at least he was conducting consistent activity
13:25:36
21
based on your opinion of other investigations?
13:25:38
22
A.
13:25:43
23
you and by add you, he means has BlackBerry.
13:25:47
24
somebody prior to making contact with them.
13:25:49
25
you.
And when I say work phone, I mean a phone that
And they'll have a
I'm turning to what Mr. Womack talked to you about.
Here in
E-mail, April 4th, 2012, 5:24 a.m.
Mr. Womack gave you one
Based on your investigation in this case, do you have
Yes.
I believe that the ownership, the true owners were
And is that significant in conjunction with the date?
That date is four or five days following the Los
And Mr. Womack went into a long series of questions about
Yeah.
Does
He writes down here, I'll get a new one soon and add
You have to add
They have to accept
It's kind of like instant message or Facebook friend.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 132 of 290
132
13:25:53
Q.
And that's consistent with the other e-mails the jury's seen
13:25:57
multiple times?
13:25:58
A.
Yes, sir.
13:25:58
Q.
And I believe Mr. Womack showed you that was new were the
13:26:05
e-mails from Government's Exhibit 358D, [email protected], and
13:26:12
this is an e-mail from Jane Eckert.
13:26:24
e-mail is February 23rd, 2012.
13:26:29
which leaves $51,700 still owed, correct?
13:26:34
A.
Yes, sir.
13:26:34
10
Q.
Then we talk about Carlos.
13:26:38
11
Carlos Nayen?
13:26:38
12
A.
Yes, sir.
13:26:39
13
Q.
And what Mr. Womack showed you was a series of these bank
13:26:46
14
receipts.
13:26:51
15
over the lunch hour?
13:26:52
16
A.
Yes, sir, I did.
13:26:53
17
Q.
And would you agree with me that there's eight of them
13:26:57
18
there?
13:26:57
19
A.
Yes, sir.
13:26:58
20
Q.
And did you have an opportunity to review not only the dates
13:27:01
21
but the times and the amounts?
13:27:03
22
A.
Yes, sir.
13:27:04
23
Q.
Of those?
13:27:06
24
A.
I'm sorry.
13:27:12
25
Q.
I'm showing you what has been prepared as Government's
Just for the record, date of
Shows a payment of $228,000,
Do you believe that refers to
Carlos Nayen.
Did you have a chance to review those bank receipts
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 133 of 290
133
13:27:15
Exhibit 422.
Is that just a handwritten summary of those
13:27:20
particular deposits?
13:27:21
A.
Correct.
13:27:24
Q.
Your Honor, I'll offer 422 for demonstrative purposes.
13:27:30
THE COURT:
13:27:36
MR. WOMACK:
13:27:38
Q.
13:27:47
that these deposits occurred over a three-day time period?
13:27:51
A.
Yes, sir.
13:27:52
10
Q.
And these are the actual time of day of the deposits?
13:27:54
11
A.
Yes, sir.
13:27:55
12
Q.
And would you agree with me the amount of these deposits are
13:28:00
13
$9,900?
13:28:01
14
A.
Yes, sir.
13:28:01
15
Q.
Are any of the deposits over $10,000?
13:28:03
16
A.
No, sir.
13:28:05
17
Q.
In your training and experience, what is that consistent
13:28:09
18
with?
13:28:09
19
A.
Structured deposits.
13:28:11
20
Q.
And so, whenever you see this e-mail from Mr. Canales sent
13:28:27
21
to Jose Luis and then, forwarded to Fernando and then, following
13:28:35
22
that is forwarded to Jane Eckert, based on the results of the
13:28:44
23
investigation, what does that show you?
13:28:45
24
A.
13:28:50
25
deposits for payment of horses, which he received from Jose Luis
422 is received as a demonstrative exhibit.
No objections.
(BY MR. GARDNER) And would you agree with me, Special Agent,
They are not.
It shows me that Fernando Garcia forwarded structured
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 134 of 290
134
13:28:54
Canales.
13:28:55
Q.
For payment of horses?
13:28:56
A.
For payment of horses, correct.
13:28:58
Q.
And we know that because it's Jane Eckert at Heritage Place?
13:29:01
A.
Yes, sir.
13:29:01
Q.
Going back to the e-mail on March 2nd of 2012 from Jane to
13:29:17
Fernie, Fernando, I show a payment of $228,700, which leaves a
13:29:23
51,700 still owed.
13:29:27
Government's Exhibit 422?
13:29:29
10
A.
Correct.
13:29:30
11
Q.
Do you know who paid that amount to Heritage Place?
13:29:36
12
A.
Yes, sir.
13:29:37
13
Q.
Who was that?
13:29:38
14
A.
ADT Petro Servicios.
13:29:44
15
Q.
Have you ever heard of any legitimate business that uses the
13:29:48
16
phrase "toss your cell"?
13:29:52
17
A.
No, sir.
13:29:54
18
Q.
Toss your cell.
13:29:59
19
13:30:05
20
this with you in some detail about the number of pages -- I
13:30:07
21
believe he said 22 -- that is behind this.
13:30:11
22
A.
Correct.
13:30:12
23
Q.
And all these deal with painting quotes or jobs, correct?
13:30:18
24
A.
Yes, sir.
13:30:19
25
Q.
So is it consistent that these quotes or jobs are part of
And that 51,7 is what's contained in
I have not.
Showing you Government's Exhibit 71, Mr. Mayr went over
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 135 of 290
135
13:30:23
the Huitron Homes/Huitron Painting business?
13:30:26
A.
Yes, sir.
13:30:28
Q.
That's all I have, your Honor.
13:30:46
clerk.
13:30:48
13:30:49
13:30:49
BY MR. FINN:
13:30:53
Q.
13:30:55
the jury.
13:30:55
10
13:31:01
11
and multiple phones, and you explained in your experience and
13:31:04
12
training, that a crook or somebody up to no good, criminal
13:31:07
13
activity, may have multiple phones and they may use one phone for
13:31:12
14
calling their husband, their wife, kids, or baby-sitter,
13:31:16
15
personal, legitimate communication, and one or more phones to
13:31:22
16
engage in criminal activity, whether it's money laundering, drug
13:31:25
17
conspiracy, things like that.
13:31:27
18
13:31:28
19
A.
Yes, sir.
13:31:28
20
Q.
And that's fairly common, isn't it?
13:31:31
21
A.
Yes, sir.
13:31:32
22
Q.
In fact, it happens all the time in your experience, right?
13:31:34
23
A.
I wouldn't say all the time, but most of the time, yes, sir.
13:31:37
24
Q.
Okay.
13:31:41
25
career -- and how long have you been an agent?
THE COURT:
And I'll tender 422 to the
Mr. Finn.
RE-CROSS EXAMINATION
Thank you, your Honor.
May it please the Court.
Members of
Agent, Mr. Gardner just asked you about single phones
Do you remember that testimony?
It is.
In many cases that you've investigated over your
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 136 of 290
136
13:31:43
A.
I've been an agent for a little bit over three years.
13:31:45
Q.
Okay.
13:31:50
A.
Quantico, Virginia, yes.
13:31:52
Q.
Okay.
13:31:55
that there was a raid on Jose Trevino, my client's ranch up in
13:32:00
Oklahoma?
13:32:01
A.
Yes, sir, I do.
13:32:01
Q.
And they grabbed everything that they could, right?
13:32:04
A.
I believe they did.
13:32:06
10
Q.
Yeah.
13:32:10
11
they went into bedrooms.
13:32:13
12
in the -- I mean, they went all over that place and grabbed
13:32:17
13
anything and everything that might be relevant evidence, right?
13:32:20
14
A.
Yes, sir.
13:32:21
15
Q.
And y'all are trained to grab everything in an abundance of
13:32:26
16
caution so you don't leave any evidence behind, correct?
13:32:29
17
A.
Yes, sir.
13:32:29
18
Q.
For instance, if you guys see a cellphone in the bathroom,
13:32:33
19
you're not going to think, oh, well, maybe it's the wife's or
13:32:36
20
maybe it's the maid's.
13:32:40
21
correct?
13:32:40
22
A.
13:32:44
23
take it, yes, sir.
13:32:44
24
Q.
13:32:47
25
you could grab pretty much anything, right?
Yes.
And you've received training where, at Quantico?
Let me ask you this.
Are you familiar with the fact
You know that, right?
I mean, they went into cars, they went into trucks,
They looked in the attic.
They looked
You're going to grab it and analyze it,
As long as the search warrant says we can.
I would
And the search warrant in this case was broad enough that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 137 of 290
137
13:32:48
A.
I didn't read it myself.
I was in California but.
13:32:52
Q.
Would you take my word for it if I said it was pretty broad?
13:32:56
A.
Yes, sir, I would.
13:32:57
Q.
And y'all were able to grab not only multiple phones, in
13:33:02
fact, every single cellphone that you found, but you also grabbed
13:33:05
multiple computers and memory sticks, memory cards, hard drives,
13:33:09
things of that nature, correct?
13:33:10
A.
Yes, sir.
13:33:11
Q.
And you did the same thing in any vehicles at the location,
13:33:15
10
correct?
13:33:15
11
A.
13:33:19
12
that's a better question for the case agent.
13:33:21
13
Q.
13:33:24
14
property but they went into the vehicles on the property, that
13:33:28
15
would be normal, right?
13:33:31
16
A.
Not -- I won't say normal all the time.
13:33:34
17
Q.
In this case.
13:33:35
18
A.
In this case, if the search warrant had that literature or
13:33:37
19
that wording.
13:33:38
20
Q.
13:33:41
21
computer that you can find, every memory card or memory stick
13:33:44
22
that you can find, and then you do the same thing at my client's
13:33:50
23
residence just outside of Dallas, Texas; is that correct?
13:33:52
24
A.
Yes, sir.
13:33:53
25
Q.
And in that search, you grabbed every phone, every computer,
I don't know if they did go inside of vehicles.
I think
If I represent to you that they not only went into the
Okay.
But.
So y'all grabbed every phone that you can find, every
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 138 of 290
138
13:33:58
every memory card, anything and everything that could possibly be
13:34:01
relevant to this case, correct?
13:34:03
A.
Yes, sir.
13:34:03
Q.
And you and the FBI and the Department of Justice analyzed
13:34:08
every single phone, computer, memory card, et cetera, correct?
13:34:13
A.
13:34:18
FBI could.
13:34:18
Q.
Who would I ask that question to?
13:34:20
A.
Special Agent Lawson.
13:34:21
10
Q.
Lawson?
13:34:22
11
A.
Yes, sir.
13:34:22
12
Q.
Okay.
13:34:26
13
A.
Very big.
13:34:27
14
Q.
So you guys are not going to just let something go to
13:34:30
15
chance, are you?
13:34:32
16
A.
I wouldn't.
13:34:33
17
Q.
Fair enough.
13:34:35
18
A.
Thank you, sir.
13:34:39
19
MR. SANCHEZ:
13:34:40
20
MR. WOMACK:
13:34:42
21
13:34:42
22
BY MR. WOMACK:
13:34:43
23
Q.
13:34:46
24
asked you related to my client, again, when I asked you about
13:34:49
25
registration as it's referred to in the e-mails, you said in this
I can't testify to every single one, but the case agent from
But this was a big case, a big investigation, right?
Thank you.
Have a good weekend.
You, too.
No questions.
Briefly, your Honor.
Thank you.
RE-CROSS EXAMINATION
Special Agent Johnston, about the two areas Mr. Gardner
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 139 of 290
139
13:34:53
case, that meant registration for horses, correct?
13:34:55
A.
In this case, yes.
13:34:57
Q.
Okay.
13:35:00
about registration, you said it refers to registration of horses?
13:35:04
A.
Correct.
13:35:05
Q.
So no difference, correct?
13:35:07
A.
I wouldn't say there's no difference.
13:35:09
different way than AUSA Gardner did.
13:35:12
Q.
13:35:15
10
used, it means registration of these race horses, doesn't it?
13:35:19
11
A.
Correct.
13:35:19
12
Q.
And from your investigation and your work with everyone else
13:35:24
13
in this case, you know that if you're the owner of a race horse,
13:35:28
14
the registration is in your name.
13:35:32
15
owner?
13:35:32
16
A.
13:35:35
17
that's going to be in your name.
13:35:36
18
Q.
13:35:46
19
are being arrested or being questioned by the police, things are
13:35:49
20
being taken from them, if you're an owner of a horse, you'd like
13:35:52
21
to have your certificate of title back, wouldn't you?
13:35:54
22
A.
13:35:56
23
have my certificate of title.
13:35:58
24
Q.
13:36:01
25
they may need that registration, correct?
Okay.
Yeah.
And then, when Mr. Gardner got back up and asked you
You asked me in a
But we agree that the registration, when that word is
You know that if you're the
If you're the owner and you want that paperwork
And so, if you hear that ranches, farms, stables, trainers
If I was an owner of a horse, I wouldn't let anyone else
I would keep it.
Well, if you have someone racing your horse, or whatever,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 140 of 290
140
13:36:02
A.
They may.
13:36:03
Q.
Okay.
13:36:09
horse, especially we're talking about high-dollar race horses in
13:36:11
this case.
13:36:11
A.
Yes, sir.
13:36:12
Q.
If you're the owner of a high-dollar race horse, you would
13:36:15
like to have -- especially if the police are involved searching
13:36:17
people, you would like to have your certificate of registration
13:36:20
back, wouldn't you?
13:36:21
10
A.
I would want it.
13:36:22
11
Q.
Sure.
13:36:32
12
where Jane Eckert on behalf of Heritage Place was sending to
13:36:40
13
Fernando Garcia, he had spent two months -- can you find out when
13:36:46
14
they're going to pay for these horses.
13:36:52
15
know, they still owed 51,700.
13:36:56
16
that, it would look from the e-mail traffic that some Canales --
13:37:05
17
and I forget the name of this Canales sent images to Papalotes.
13:37:10
18
And then, Papalotes forwarded those images of deposit slips
13:37:14
19
directly to Fernando, who we know -- who transferred them
13:37:19
20
directly to Jane Eckert, correct?
13:37:21
21
A.
Yes, sir.
13:37:21
22
Q.
Now, when -- an interesting thing that Mr. Gardner did is he
13:37:27
23
took all these receipts and he added up the figures and totalled
13:37:31
24
it up to $51,700.
13:37:34
25
A.
And my question to you is, if you're the owner of a
Yes, sir.
Now, other thing was about Exhibit 358 Delta, e-mails
You've paid 228,700, you
And you know that in response to
Remember that?
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 141 of 290
141
13:37:35
Q.
If someone was trying to hide from Heritage Place that
13:37:43
people were making structured deposits, they could have done the
13:37:46
same thing.
13:37:50
payments and just sent in a letter saying it's been paid,
13:37:52
correct?
13:37:53
A.
Can you rephrase the question?
13:37:56
Q.
Okay.
13:38:01
Heritage Place saying, hey, the horses are paid for, I could have
13:38:06
just sent a note saying the horses are paid for, if you look in
13:38:09
10
your account, there's $51,700.
13:38:15
11
is he actually forwarded the actual receipts, didn't he?
13:38:19
12
A.
They were deposit slips that he -- they weren't --
13:38:23
13
Q.
I'm saying receipts.
13:38:26
14
actual deposit slips that had been sent to him.
13:38:29
15
A.
Yes.
13:38:29
16
Q.
And we all know that that deposit slip -- those deposit
13:38:34
17
slips have numbers and figures telling the date and time and all
13:38:39
18
kinds of information about those deposits, correct?
13:38:42
19
A.
Yes, sir.
13:38:43
20
Q.
And Fernando Garcia did nothing to disguise those.
13:38:47
21
forwarded them directly to Heritage Place, didn't he?
13:38:50
22
A.
He did forward those deposits to Heritage.
13:38:54
23
Q.
Okay.
13:39:02
24
the slip just the way they came to him, didn't he?
13:39:04
25
A.
Yeah.
They could have said, oh, here's the total of all
I don't understand.
If, for some reason, I was asked to send a note to
Instead, what Fernando Garcia did
You're correct.
He forwarded the
Correct?
That's correct.
And he didn't blot out the account number.
He
He sent
He just forwarded the e-mail just like he had.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 142 of 290
142
13:39:08
Q.
And so, we know the deposits were made over this period of
13:39:11
time by someone or someone who's provided them to the Canales
13:39:17
that then sent them to Papalotes, who sent them to Fernando to
13:39:21
sent to Heritage Place, correct?
13:39:23
A.
13:39:29
then sent to Jose Luis, which were then sent to your client, and
13:39:32
they were sent to pay for horses.
13:39:33
Q.
13:39:36
chain of people?
13:39:37
10
A.
13:39:41
11
computer and sent.
13:39:45
12
Q.
13:39:48
13
MR. ESPER:
No question, your Honor.
13:39:50
14
MR. MAYR:
No questions, your Honor.
13:39:53
15
13:39:53
16
BY MR. GARDNER:
13:39:57
17
Q.
13:39:59
18
registrations.
13:40:04
19
horses.quarter e-mail with the 51,700 payments to Heritage Place
13:40:13
20
again?
13:40:14
21
A.
13:40:19
22
true ownership of Los Zetas.
13:40:21
23
Q.
13:40:25
24
13:40:28
25
Yes.
Those deposit slips which were sent to Papalotes were
And these were deposit slips that were sent through that
Yes.
And the deposit slips, they were scanned into his
I gotcha.
The originals, they come out in color.
Thank you.
No further questions.
RE-DIRECT EXAMINATION
Mr. Womack asked you to draw a conclusion about the
What conclusion do you draw when you compare the
That the horses which were being paid for were under the
Thank you.
No further questions, your Honor.
MR. WOMACK:
Your Honor, I have to ask.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 143 of 290
13:40:28
13:40:28
BY MR. WOMACK:
13:40:29
Q.
You found registrations in the name of Los Zetas?
13:40:32
A.
I didn't find any registrations.
13:40:33
Q.
Did -- okay.
13:40:37
Gardner and you said that.
13:40:41
registration certificate in the name of a Zeta?
13:40:43
A.
13:40:47
purchasers' names for Los Zetas.
13:40:51
10
Q.
13:40:53
11
work?
13:40:53
12
A.
From the course of this investigation, yes, sir.
13:40:55
13
Q.
Okay.
13:41:00
14
THE COURT:
13:41:02
15
MR. FINN:
No objection.
13:41:03
16
MR. MAYR:
Actually, I do, your Honor.
13:41:05
17
keep the witness on call, have him available if I notify the
13:41:08
18
government for his agent to be recalled.
13:41:11
19
13:41:16
20
13:41:16
21
THE WITNESS:
13:41:17
22
THE COURT:
13:41:18
23
MR. GARDNER:
13:41:20
24
13:41:32
25
143
RE-CROSS EXAMINATION
Well, you were just asked about it by Mr.
Do you have any document that -- of
Those registrations were put under a lot of different straw
That's correct.
And that's the conclusion that you're reaching from your
No further questions.
THE COURT:
May the witness be excused?
You're on recall.
I'd like to
You remain under the
rule.
Thank you, sir.
You may call your next witness.
The government calls Special Agent Billy
Williams.
(Witness sworn.)
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 144 of 290
THE COURT:
144
13:41:50
Tell us your full name, please, sir, and
13:41:56
13:41:57
13:42:00
13:42:02
13:42:05
13:42:05
13:42:07
13:42:07
13:42:07
10
BY MR. GARDNER:
13:42:14
11
Q.
13:42:17
12
to the jury?
13:42:17
13
A.
13:42:20
14
Internal Revenue Service.
13:42:21
15
Q.
13:42:23
16
background and experience and education?
13:42:25
17
A.
13:42:30
18
I have a minor in accounting and a minor in economics.
13:42:34
19
with the Internal Revenue Service for 21 years, 14 as a revenue
13:42:38
20
agent and seven years as a criminal investigator.
13:42:40
21
Q.
And, sir, what was your area of responsibility in this case?
13:42:44
22
A.
Analyze bank records.
13:42:49
23
subpoena records, interviewed witnesses, and talked to other
13:42:54
24
agents prior to trial.
13:42:56
25
Q.
spell your last.
THE WITNESS:
My name is Billy Williams.
It's spelled,
W-I-L-L-I-A-M-S.
THE COURT:
Mr. Williams, don't speak right into that
mic.
THE WITNESS:
Okay.
I'm sorry.
BILLY WILLIAMS, called by the Government, duly sworn.
DIRECT EXAMINATION
Special Agent Williams, could you please introduce yourself
My name is Billy Williams.
I'm a special agent with the
And, sir, could you please explain a little bit of your
I received a Bachelor's of Business Administration degree.
I've been
I went through search warrant items,
And with respect to the financial analysis, what accounts
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 145 of 290
13:43:00
did you analyze?
13:43:01
A.
13:43:06
Garcia Bloodstock's, Victor Lopez, and Bonanza Racing Stables.
13:43:11
Q.
13:43:16
what's the purpose of your financial analysis?
13:43:18
A.
13:43:21
accounts.
13:43:22
Q.
13:43:27
Place off of Form 8300.
13:43:30
10
a demonstrative exhibit, Government's 420.
13:43:33
11
that, sir?
13:43:34
12
A.
Yes, sir, I do.
13:43:35
13
Q.
Is that the same form that Ms. Eckert showed the jury
13:43:38
14
yesterday?
13:43:39
15
A.
13:43:44
16
currency Transaction Report.
13:43:46
17
Q.
It's a different form?
13:43:47
18
A.
Yes.
13:43:48
19
Q.
Okay.
13:43:55
20
demonstrative aid.
13:44:04
21
13:44:12
22
Q.
13:44:14
23
this is a Currency Transaction Report.
13:44:17
24
A.
Yes, it is.
13:44:18
25
Q.
Form 104.
145
I analyzed the Huitron accounts, Fernando Garcia's accounts,
And, again, the jury's heard a little bit about it, but
To determine the currency that went through each of these
Now, the jury has seen a form by Ms. Eckert from Heritage
No.
I'm showing you what has been marked as
She would have -- this is 8300.
Do you recognize
This is Form 104,
Your Honor, I offer Government's Exhibit 420 for
THE COURT:
420 as a demonstrative exhibit is admitted.
(BY MR. GARDNER) Again, Special Agent Williams, you said
How does this form differ from what Ms. Eckert
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 146 of 290
146
13:44:28
showed us yesterday, Form 8300?
13:44:30
A.
13:44:35
or a business like a car lot receives over $10,000 in one or more
13:44:39
transactions.
13:44:43
a financial institution receives over $10,000 in one or more
13:44:48
transactions.
13:44:48
Q.
13:44:55
So what's this section for?
13:44:57
A.
13:45:02
10
that's my account, that would list me as the individual in that
13:45:08
11
area if I deposited over $10,000 in one or more transactions.
13:45:12
12
Q.
13:45:22
13
that money be accounted -- deposited to that individual's
13:45:25
14
account?
13:45:25
15
A.
Yes, sir.
13:45:30
16
Q.
What's Section B for?
13:45:32
17
A.
Section B is for, say, another individual makes a deposit on
13:45:37
18
behalf of the person in Section A, their name would be on Section
13:45:42
19
B.
13:45:43
20
Q.
13:45:54
21
say I had $10,000.
13:45:58
22
A.
13:46:03
23
would have to give B their bank account information, the right
13:46:09
24
number and account number to make that deposit.
13:46:10
25
Q.
Form 8300, that is normally filled out if a -- like a trade
And a Currency Transaction Report is when a bank,
And I just want to go over this section with you briefly.
Section A is for the individual, say, just myself.
If
So let's say I had a guy and his name was Steve Law.
So let's say I name this guy Scott Penn.
Would
So tell me, let's
How does Scott Penn relate to Steve Law?
In that case, they are associated with each other because A
So how does the bank obtain all the information in A and in
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 147 of 290
147
13:46:17
B?
13:46:18
A.
13:46:22
individuals.
13:46:23
Q.
13:46:27
information?
13:46:27
A.
Yes.
13:46:27
Q.
And how do they provide the information?
13:46:29
A.
You provide driver's license.
13:46:33
would get it from those information.
13:46:44
10
Q.
13:46:48
11
identify, correct?
13:46:49
12
A.
Yes.
13:46:50
13
Q.
And it says in A, driver's license, B, passport, C, alien
13:46:55
14
registration, or D, other?
13:46:58
15
A.
Yes.
13:47:02
16
Q.
And what does the bank do with one of these once they filled
13:47:06
17
it out?
13:47:07
18
A.
13:47:11
19
national database and they keep track of all those.
13:47:15
20
Q.
Keep track for investigative purposes?
13:47:20
21
A.
Yes.
13:47:20
22
Q.
Or database track?
13:47:22
23
A.
Yes.
13:47:23
24
Q.
Could you please tell the jury what structuring is?
13:47:25
25
A.
Structuring is when an individual makes -- like, tries to
They would receive information from each of those
So the individual making the deposits provides the
As you see on line 14, they
So the bank requires a method that the individual used to
They will send it to what they call a FinCEN, which is the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 148 of 290
148
13:47:33
make a deposit in increments of less than $10,000 to a financial
13:47:37
institution to make them fail to file this Form 104.
13:47:44
Q.
13:47:48
$90,000 in income, how could I structure that money?
13:47:54
A.
13:47:59
come back later to the same bank, or you could go to different
13:48:02
banks to make that deposit.
13:48:05
Q.
13:48:09
Is that a criminal act?
13:48:10
10
A.
No.
13:48:16
11
Q.
Let's say I take that $90,000 that I've earned from
13:48:21
12
legitimate income and I've structured it.
13:48:24
13
A.
13:48:28
14
Title 21, 5324.
13:48:31
15
Q.
13:48:34
16
ladies and gentlemen of the jury some of the indicators of
13:48:36
17
criminal activity that you look for in a financial analysis?
13:48:39
18
A.
13:48:43
19
ways that they conceal the income in different accounts, the
13:48:49
20
change in their business practice.
13:48:55
21
instances.
13:48:57
22
Homes, Huitron Painting, and they have certain activity going
13:49:03
23
into Huitron Homes, which is a bunch of currency that went into
13:49:07
24
those accounts.
13:49:10
25
they're doing their business.
So if I give you an example, hypothetically, if I take
You would deposit 9,000 at one bank, 9,000 at another, or
What if I wanted to deposit that whole $90,000 at one time?
There's no problem with depositing $10,000 cash.
Yes, you have.
Do I commit a crime?
You have committed violation of structuring,
Based on your training and experience, could you give the
When you do a financial analysis, you look for different
We'll just take one of the
The Huitrons, they have separate accounts, Huitron
So they have a change in their practice of how
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 149 of 290
149
13:49:12
Q.
And why do you look for changes or indicators of criminal
13:49:16
activities?
13:49:18
A.
13:49:24
structuring money, and so forth.
13:49:28
Q.
13:49:31
knowledge.
13:49:36
criminal activity go to show someone has knowledge of that
13:49:38
particular criminal activity?
13:49:40
A.
13:49:45
10
person's account, just say the Huitrons, I analyzed their account
13:49:50
11
6769 from January 5th to 2009 to May 2012.
13:49:56
12
13:49:59
13
your Honor.
13:50:05
14
another.
13:50:08
15
13:50:10
16
foundation, your Honor.
13:50:13
17
and notice has been given.
13:50:15
18
Q.
13:50:18
19
want to talk about first an individual named Victor Lopez.
13:50:21
20
you analyze his account?
13:50:22
21
A.
Yes, I did.
13:50:23
22
Q.
Just for the record, that's Government's Exhibit 254.
13:50:32
23
is this the account you analyzed?
13:50:33
24
A.
13:50:37
25
6061 and the account ending 4637.
To verify that people are not trying to hide large deposits,
Now, one of the things the government has to prove here is
How do your research into these indicators of
Now, when people have knowledge, if you take a certain
MR. DEGEURIN:
Excuse me, Mr. Williams.
Objection,
He's going to render an opinion on intent of
MR. GARDNER:
I'll go ahead and lay a better
He has been listed as an expert witness
(BY MR. GARDNER) Let's just step back a little bit.
Yes.
That's one of them.
So I
Did
Sir,
There's two accounts on here,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 150 of 290
150
13:50:40
Q.
And what bank were Mr. Lopez's accounts at?
13:50:43
A.
Wells Fargo.
13:50:47
Q.
When you analyzed the account, did you analyze the deposits
13:50:51
going in?
13:50:52
A.
Yes, I did.
13:50:53
Q.
And did you analyze the expenses going out?
13:50:59
A.
Yes.
13:51:03
Victor's account.
13:51:04
13:51:05
10
13:51:06
11
Q.
(BY MR. GARDNER) Did you analyze the accounts?
13:51:09
12
A.
Yes.
13:51:09
13
Q.
And what did you find?
13:51:10
14
A.
That there weren't too many cash deposits that went into
13:51:13
15
that account nor expenses.
13:51:19
16
Q.
And did you analyze the Huitron Homes account?
13:51:22
17
A.
Yes, I did.
13:51:23
18
Q.
All right.
13:51:25
19
A.
Yes.
13:51:25
20
Q.
And that's Government's Exhibit 256A; is that correct?
13:51:32
21
A.
Yes.
13:51:34
22
Q.
You probably don't have the exhibit sticker, do you?
13:51:37
23
A.
No, sir.
13:51:38
24
Q.
Your Honor, that's 256A that's been admitted.
13:51:42
25
generally, can you describe to the jury what evidence you found
There weren't too many deposits that went into
MR. MAYR:
THE COURT:
Objection.
Nonresponsive.
Just answer the question.
That was a large account, correct?
Just
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 151 of 290
151
13:51:46
in the Huitron accounts?
13:51:48
A.
13:51:51
the account ending 6769 from January 5th to May 2012, over the
13:51:59
18-month period from January 5th, 2009 to July 2010, there was
13:52:05
only a total of $113,000 cash deposits into that account.
13:52:09
Q.
13:52:12
again?
13:52:12
A.
July -- January 5th, 2009 to July 7th, 2010.
13:52:19
Q.
January 5th, 2009 to July 7th, 2010?
13:52:23
10
A.
Yes.
13:52:23
11
Q.
And the amount?
13:52:24
12
A.
$113,013.
13:52:27
13
Q.
And did you analyze the account after July of 2010?
13:52:33
14
A.
Yes, I did.
13:52:34
15
Q.
And why did you pick that date as a distinguishing date?
13:52:38
16
A.
After July 12th, 2010, that's when a large amount of cash
13:52:44
17
was starting to be structured into that account.
13:52:47
18
Q.
13:52:52
19
Or give me the range.
13:52:56
20
A.
Till May 2012.
13:53:02
21
Q.
And how much cash was structured into the account from July
13:53:06
22
2010 until May of 2012?
13:53:09
23
A.
13:53:13
24
THE COURT:
13:53:14
25
THE WITNESS:
When I was going through their account, Huitron Homes with
And, I'm sorry, could you give me the date range on that
And if you will, could you say the last date you analyzed?
July 2010 until when?
$505,007.
Give me that again, please.
$505,007.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 152 of 290
152
13:53:20
Q.
(BY MR. GARDNER) And these are all cash deposits?
13:53:21
A.
Yes, all cash.
13:53:22
Q.
Was some structured and some what we call bulk cash?
13:53:25
A.
Well, yes.
13:53:29
increments like 6,000, 7,000, but the bank probably wouldn't
13:53:32
catch those amounts.
13:53:34
Q.
13:53:37
256A.
13:53:48
right here, Mr. Williams?
13:53:50
10
A.
November 15th.
13:53:54
11
Q.
And the amount?
13:53:55
12
A.
$9,000.
13:53:57
13
Q.
Going down here, there's a deposit at a branch store on this
13:54:09
14
date, 11-16?
13:54:10
15
A.
Yes.
13:54:10
16
Q.
And what's that amount?
13:54:11
17
A.
7,000.
13:54:12
18
Q.
And why do you make the conclusion that that's evidence of
13:54:16
19
structuring?
13:54:17
20
A.
Because the increments, they are 7,000, 9,000.
13:54:21
21
Q.
And do you combine the increments also with the timing of
13:54:25
22
the deposits?
13:54:25
23
A.
Yes.
13:54:25
24
Q.
I want to show you another page from the same exhibit, page
13:54:37
25
41-2484.
Some structured.
And, I mean, there were
I just want to show you a page from Government's Exhibit
As an example, page 412163.
I'm showing a date of what
And the date here, Special Agent?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 153 of 290
153
13:54:59
A.
July 6, both deposits.
13:55:03
Q.
And the amounts?
13:55:07
A.
They are both $9,900 each.
13:55:19
Q.
May I have one moment, your Honor, to retrieve an exhibit?
13:55:54
13:56:00
the search warrant evidence; is that correct?
13:56:01
A.
Yes, I did.
13:56:02
Q.
Okay.
13:56:07
through E.
13:56:35
10
exhibit.
13:56:46
11
A.
13:56:52
12
showed me.
13:56:52
13
Q.
13:56:56
14
when we're talking about the 9,000 and 7,000?
13:56:58
15
A.
Yes.
13:56:59
16
Q.
And these horses, do you recognize these horses from other
13:57:03
17
involvement in this investigation?
13:57:04
18
A.
Yes, I do.
13:57:05
19
Q.
Do you recognize this name?
13:57:07
20
A.
Yes.
13:57:09
21
Q.
So, again, based on your analysis of that account, what do
13:57:12
22
these amounts appear to consist of?
13:57:14
23
A.
Structuring.
13:57:16
24
Q.
And, again, where was this item found?
13:57:18
25
Now, you said, earlier, that you also looked at some of
And I'll pull one out, Government's Exhibit 60A
I'm going to show you this second page on that
What are these amounts right here, Special Agent?
Those amounts match the deposit statement that you just
And, specifically, we had two other 8,000s I didn't show you
Jose.
MR. MAYR:
Your Honor, may we approach?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 154 of 290
154
13:57:28
(At the bench, on the record.)
13:57:39
MR. MAYR:
13:57:41
that in a criminal case, an expert witness must not state an
13:57:43
opinion as to whether the defendant did or did not have a mental
13:57:47
state.
13:57:50
that structuring is just a strict liability offense, and just
13:57:54
because it's occurring, that the person's committing the offense.
13:57:56
And by keep asking him, is this evidence of structuring, evidence
13:58:01
of structuring, it's implying that when that's not the case.
13:58:04
10
13:58:07
11
13:58:12
12
of questioning of having him testify as to this is evidence that
13:58:15
13
they knew that they were committing the offense.
13:58:19
14
13:58:22
15
13:58:25
16
13:58:28
17
have an objection.
13:58:33
18
you think that the question's wrong.
13:58:35
19
13:58:37
20
is, is it consistent with it, that's fine.
13:58:40
21
evidence of and he says structuring, that's telling this jury
13:58:43
22
what my client's culpable mental state is.
13:58:47
23
13:58:51
24
13:58:54
25
I'm looking at my rule book here and it says
Now, it seems to me that the government seems to think
Structuring requires a culpable mental state.
And, therefore, I would object to this continued line
MR. GARDNER:
I can rephrase my question, but I can
just ask him is it consistent with structuring.
THE COURT:
I don't have a question pending and I don't
I've got an objection without a question.
MR. MAYR:
THE COURT:
If the question -- as long as the question
But what is that
They can't do that.
Well, then I think that's you probable
should object instead of asking to come up here.
MR. MAYR:
If
All right.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 155 of 290
155
13:58:57
MR. ESPER:
You're objecting now.
13:58:58
MR. MAYR:
13:59:00
THE COURT:
13:59:01
MR. MAYR:
13:59:07
Q.
13:59:10
the last question was, where was this item located?
13:59:14
A.
That was in the Huitrons' records in the front office.
13:59:20
Q.
This is from their business address?
13:59:22
A.
Yes.
13:59:22
10
Q.
At 183, Highway 183 here in Austin?
13:59:26
11
A.
Yes.
13:59:26
12
Q.
Do you know whose writing any of this is?
13:59:36
13
A.
The 6485 may appear to be Jessica, but I can't really tell
13:59:43
14
all of them.
13:59:44
15
Q.
13:59:47
16
different persons' writing on here?
13:59:48
17
A.
Yes.
13:59:49
18
Q.
For example, the person writing on this portion here appears
13:59:51
19
to be talking about paints, I would assume?
13:59:54
20
A.
Yes.
13:59:58
21
Q.
And, again, on this side, does there also appear to be
14:00:02
22
different people writing?
14:00:02
23
A.
Yes.
14:00:03
24
Q.
How old is Jessica Huitron?
14:00:05
25
A.
Twenty-nine.
I'm making my objection now.
Well, there's no question before me.
I understand that.
Pardon me.
(BY MR. GARDNER) Again, Special Agent Williams, I believe
Would you at least agree with me there appears to be
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 156 of 290
156
14:00:08
Q.
Do you know what function she performed in the Huitron
14:00:13
office?
14:00:15
A.
14:00:20
office.
14:00:20
Q.
14:00:24
Huitron office.
14:00:28
A.
Yes.
14:00:29
Q.
Just give an overall view.
14:00:36
and various amounts.
14:00:38
10
A.
Yes.
14:00:40
11
Q.
But, specifically, what I want to refer you to is down here
14:00:44
12
in the corner.
14:00:48
13
A.
Yes.
14:00:50
14
Q.
What are these loan numbers here?
14:00:53
15
handwriting in blue as it relates to this $9,900 deposit and this
14:01:04
16
$9,900 deposit?
14:01:04
17
A.
14:01:08
18
purchased with those amounts.
14:01:12
19
Q.
14:01:15
20
Government's Exhibit 256A, specifically, page 412484.
14:01:21
21
A.
Yes.
14:01:22
22
Q.
Did you, in fact, check that -- these two deposits?
14:01:27
23
A.
Yeah.
14:01:30
24
Q.
Yes.
14:01:30
25
A.
-- two numbers on those pages.
I think she happened do some of the paperwork that's in the
Now, I'm showing you Government's Exhibit 60E, also from the
There's a lot of writing on here.
And this includes horse names
Would you agree with that?
It appears to be another
It's possibly a -- maybe a cashier's check that was
Special Agent Williams, I want to refer you back to
Those two deposits match the --
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 157 of 290
Correct.
157
14:01:33
Q.
And, again, is this two deposits here next to the
14:01:40
horse name, is that consistent with structuring?
14:01:43
A.
Yes.
14:02:05
Q.
Now, did you obtain an exhibit from the FinCEN center --
14:02:19
showing you Government's Exhibit 352.
14:02:25
A.
Yes, I did.
14:02:26
Q.
And there's three separate sets of papers there in 352.
14:02:31
probably should have labeled them A, B and C.
14:02:35
are they?
14:02:35
10
A.
14:02:39
11
Transaction Reports that are on file with FinCEN.
14:02:41
12
Q.
14:02:45
13
all three individuals you identified?
14:02:46
14
A.
All three individuals I identified.
14:02:55
15
Q.
Your Honor, may I have a moment to log these for ease of
14:03:10
16
identification?
14:04:25
17
14:04:29
18
the Court what 352A is, specifically, the person's accounts?
14:04:34
19
A.
14:04:41
20
were filed on him.
14:04:42
21
Q.
And 352B?
14:04:46
22
A.
352B is for Huitron Painting and for Huitron Homes.
14:04:56
23
Q.
And 352C?
14:05:00
24
A.
Is for Fernando Garcia and Garcia Bloodstock.
14:05:04
25
Q.
Your Honor, I would offer Government's Exhibits 352A, B and
Did you obtain those, sir?
But generally what
These are the listings of the -- which is CTR is Currency
And is that just for the Huitron accounts, or is that for
Special Agent Williams, I apologize.
352A is Victor Lopez.
Could you tell
The Currency Transaction Reports that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 158 of 290
158
14:05:08
C, certified official records offered under 803(8).
14:06:33
MR. MAYR:
14:06:38
THE COURT:
14:06:42
MR. GARDNER:
14:06:47
THE COURT:
14:06:48
MR. GARDNER:
14:06:51
THE COURT:
14:06:55
MR. GARDNER:
14:07:00
14:07:05
10
Williams.
14:07:16
11
record from the FinCEN center stating what?
14:07:20
12
A.
14:07:27
13
Homes or Jesus Huitron.
14:07:28
14
Q.
14:07:32
15
purposes, each one of those lines on that spreadsheet represents
14:07:35
16
one of these, correct?
14:07:36
17
A.
Yes.
14:07:37
18
Q.
With respect to these particular transactions, could you
14:07:49
19
explain to the jury who files CTRs for the Huitrons' account?
14:07:56
20
A.
14:08:03
21
filed a CTR on him.
14:08:05
22
Q.
Right here, Jesus Huitron?
14:08:06
23
A.
Yeah.
14:08:08
24
Q.
First three?
14:08:09
25
A.
Then, the next three were Victor Lopez where he went in to
Q.
No objection, your Honor.
352A, B and C are admitted.
A, B and C, your Honor.
What did you -I offered A, B and C, your Honor.
Yeah, A, B and C.
Thank you.
(BY MR. GARDNER) Let's start with 352B, Special Agent
Again, just to give an overview, this is a certified
These are all the CTRs that were filed on behalf of Huitron
Showing you Government's Exhibit 420 for demonstrative
If you start at the top, it shows that Jesus Huitron, they
The first three.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 159 of 290
159
14:08:14
deposit money on behalf of the Huitrons, his name would have
14:08:20
shown up in the second section.
14:08:24
into the Huitrons' account.
14:08:26
Q.
And then, again, just repeats itself?
14:08:28
A.
Yes.
14:08:29
Q.
Jesus Huitron and Victor Lopez?
14:08:32
A.
Yes.
14:08:32
Q.
Or in this case, Jesus Huitron on behalf of Huitron Homes?
14:08:36
A.
Right.
14:08:37
10
Q.
And then, follows that way?
14:08:39
11
A.
Right.
14:08:40
12
Q.
So then, I scroll over, those are the filing institutions?
14:08:47
13
A.
Yes.
14:08:47
14
Q.
So that shows the places of deposit to?
14:08:53
15
A.
Yes.
14:08:54
16
Q.
And could you just explain for the record the majority of
14:08:57
17
those deposits occurred where?
14:08:58
18
A.
14:09:02
19
Laredo, Bueno Park, Austin and Buda, McAllen, Houston and Orange,
14:09:07
20
Texas.
14:09:09
21
Q.
And this next column, that's the total cash in, correct?
14:09:12
22
A.
Yes.
14:09:13
23
Q.
All right.
14:09:23
24
required to fill one of these out every time I deposit less than
14:09:28
25
$10,000 in cash?
So Victor Lopez deposited money
In the city that they were -- occurred in San Francisco,
And on the CTRs, explain this to me.
Is a bank
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 160 of 290
160
14:09:29
A.
Not if you deposit less.
No.
14:09:31
Q.
All right.
14:09:34
$9,000.
14:09:37
A.
No CTR.
14:09:38
Q.
Let's say I go to another branch the very same day and
14:09:41
deposit $9,000?
14:09:42
A.
14:09:44
was a $10,000 transaction made within that day.
14:09:48
Q.
And will they file a CTR then?
14:09:49
10
A.
Yes.
14:09:50
11
Q.
All right.
14:09:56
12
325B in the column marked total cash in, does that necessarily
14:10:02
13
reflect merely a single deposit of cash?
14:10:05
14
A.
Some may and majority of them, not so.
14:10:09
15
Q.
So, again, back with 420, when it says Jesus Huitron on the
14:10:19
16
CTR?
14:10:19
17
A.
Yes.
14:10:20
18
Q.
Who actually made that deposit?
14:10:23
19
A.
Jesus Huitron.
14:10:26
20
Q.
When it says Victor Lopez on behalf of Jesus Huitron, where
14:10:30
21
would Victor Lopez be on this Currency Transaction Report?
14:10:33
22
A.
Victor Lopez name would be under Section B.
14:10:37
23
Q.
And who would be in Section A?
14:10:40
24
A.
Jesus Huitron.
14:10:41
25
Q.
So, again, in order to fill one of these out, someone has to
So let's say I go to one branch and deposit
No CTR, right?
Yeah.
The bank will back that up on their system that it
And so, how it relates to Government's Exhibit
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 161 of 290
161
14:10:45
provide some sort of identification?
14:10:47
A.
14:10:51
information to make that deposit.
14:10:54
Q.
14:11:00
account information would he have to have?
14:11:01
A.
He would have to have Jesus Huitron's account information.
14:11:16
Q.
Now, in your review of Government's Exhibit 352A, 352B,
14:11:27
352C, and the other items you reviewed -- let me back up.
14:11:30
14:11:35
10
structuring -- or what evidence you saw consistent with
14:11:37
11
structuring did you see?
14:11:38
12
A.
14:11:43
13
CTRs with him, he had -- he structured approximately $1.3 million
14:11:49
14
in different people's account.
14:11:51
15
Q.
14:11:55
16
depositing cash into?
14:11:58
17
A.
14:12:04
18
Huitron, Equine Sports Medicine, Reba Choice, Victor Lopez, his
14:12:10
19
own, Felipe Quintero, Mario Gonzalez.
14:12:18
20
Q.
14:12:21
21
account.
14:12:28
22
A.
I reviewed several of his accounts, as well.
14:12:33
23
Q.
Just for the record, which accounts did you review?
14:12:39
24
A.
Two Bank of America and one Wells Fargo account.
14:12:42
25
Q.
I'm showing you Bank of America ending in 1077.
Right.
And then, again, B has to provide A their banking
So if this were, in fact, a deposit by Victor Lopez, whose
When you analyzed Victor Lopez's account, how much
Well, in his account, none.
But going over records with
And could you identify for the jury whose accounts he's
LA Horses, Inc., Paul Jones, Southwest Stallions, Jesus
Let's move to Victor -- I'm sorry.
To Fernando Garcia's
What analysis did you do on Fernando Garcia's account?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 162 of 290
162
14:12:46
A.
And 1093.
14:12:48
Q.
And that's Government's Exhibit 253A and 253B, your Honor.
14:13:01
When you did an analysis of Victor Lopez's account --
14:13:05
I'm sorry, Fernando Garcia's account, could you tell the ladies
14:13:07
and gentlemen of the jury when that account was established?
14:13:10
A.
14:13:17
the day he established the name Garcia Bloodstock and Racing.
14:13:22
Q.
14:13:24
opened this account?
14:13:26
10
A.
Yes.
14:13:28
11
Q.
And based on your review of the records, what did he do that
14:13:32
12
day?
14:13:32
13
A.
That day, he deposited like $81,000 into his account.
14:13:40
14
Q.
Showing you Government's Exhibit 252A.
14:14:01
15
What are all these $9,000 counter credits?
14:14:05
16
A.
Those are all cash deposits made at different banks.
14:14:10
17
Q.
All in the same day?
14:14:11
18
A.
Yes.
14:14:11
19
Q.
But a couple, right?
14:14:12
20
A.
Right.
14:14:13
21
Q.
Now, behind that, the jury's heard what is called source
14:14:17
22
documents.
14:14:21
23
account?
14:14:22
24
A.
Yes, we did.
14:14:23
25
Q.
And when we refer to source documents, is this an example of
The 1093 and the 1097 was established on September 8, 2008,
So the name of his company was established the same day he
Bates stamp 613075.
Did you obtain the source documents for the Garcia
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 163 of 290
163
14:14:27
the source document?
14:14:29
A.
Yes.
14:14:33
Q.
And, Special Agent Williams, a number of these are tabbed.
14:14:37
Would you agree me, instead of going through each one of them,
14:14:39
they all reflect the deposits that are reported on the bank
14:14:43
statement?
14:14:44
A.
Yes.
14:14:53
Q.
Showing you Government's Exhibit 416.
14:14:58
that, sir?
14:14:58
10
A.
Yes, I do.
14:14:59
11
Q.
Did you, in fact, make it?
14:15:00
12
A.
Yes, I did.
14:15:01
13
Q.
All right.
14:15:03
14
A.
It's a map where Fernando Garcia started at one bank and
14:15:10
15
made all the deposits at all the different banks that day.
14:15:13
16
Q.
14:15:17
17
bank in which the deposit was made?
14:15:18
18
A.
Yes, it does.
14:15:19
19
Q.
And did you identify that a number of those deposits were
14:15:22
20
made at separate branches?
14:15:23
21
A.
Yes.
14:15:24
22
Q.
Your Honor, I would offer Government's Exhibit 416 as a
14:15:30
23
demonstrative exhibit only.
14:15:36
24
14:15:45
25
And what is it?
So on each one of these deposit slips, does it identify the
THE COURT:
Q.
Do you recognize
Received as a demonstrative.
(BY MR. GARDNER) Again, Special Agent Williams, what do the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 164 of 290
164
14:15:52
letters signify on the map?
14:15:55
A.
The different addresses of each bank.
14:15:58
Q.
And did you also check the timestamp on each one of the
14:16:01
deposits?
14:16:02
A.
Yes, I did.
14:16:03
Q.
For example, let me show you page 613284.
14:16:20
Conquistador -- what is that?
14:16:22
A.
El Conquistador is the branch where he opened the account.
14:16:26
Q.
So the first place he made his deposit?
14:16:29
10
A.
Yes.
14:16:30
11
Q.
Going back to the map, when you put the letters, is that the
14:16:45
12
sequence in which the deposits were made?
14:16:49
13
A.
Yes.
14:16:50
14
Q.
Based on the timestamp?
14:16:51
15
A.
Yeah, based on the timestamps of the deposit slips.
14:16:55
16
Q.
And how long did it take Fernando Garcia to make one, two,
14:16:58
17
three, four, five, six, seven, eight, nine deposits?
14:17:02
18
A.
Approximately four to five hours.
14:17:04
19
Q.
And, again, he made a couple the next day, correct?
14:17:08
20
A.
Yes.
14:17:11
21
Q.
What other activity occurred in that account?
14:17:14
22
A.
The day he deposited all those moneys, like two days later
14:17:20
23
on the 10th, he sent $90,000 to Ruidoso Downs sales.
14:17:25
24
Q.
Ruidoso Downs horse auction?
14:17:28
25
A.
Yes.
Was it El
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 165 of 290
165
14:17:28
Q.
Is that for the purchase of horses?
14:17:32
A.
Yes.
14:17:36
Q.
And how was that based?
14:17:40
based on the wire?
14:17:41
A.
No.
14:17:46
Q.
Now, what other activity did you see in that particular
14:17:50
account?
14:17:51
A.
14:17:58
total of 10,000 in that account, the next day.
14:18:03
10
another deposit into his other account.
14:18:06
11
$20,000 the next day.
14:18:16
12
Q.
14:18:19
13
September 9th?
14:18:21
14
A.
Either 1093 or at 1077.
14:18:26
15
Q.
One of the two accounts, correct?
14:18:27
16
A.
Correct.
14:18:33
17
Q.
And 1093, he makes one account for how much?
14:18:40
18
10,000?
14:18:40
19
A.
Yeah.
14:18:44
20
Q.
And then, he makes a deposit in another account?
14:18:46
21
your testimony?
14:18:47
22
A.
Yes, 1077.
14:18:49
23
Q.
And how much was that?
14:18:51
24
A.
Approximately 10,000, as well.
14:18:57
25
Q.
And what was the total?
Was that based on a cash deposit or
He wired that.
On the next day, he went and made another deposit at -- a
And then, he made
So he had a total of
And so, what account did he make the first deposit in on
I'm sorry.
Was that
Account 1077.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 166 of 290
166
14:18:59
A.
The total -- it was a CTR prepared on that day for a total
14:19:05
of $21,500.
14:19:15
Q.
14:19:20
would be the Fernando Garcia CTRs, correct?
14:19:22
A.
Yes.
14:19:23
Q.
In this case, subject's date of birth is recorded?
14:19:44
A.
Yes.
14:19:44
Q.
And the deposits where they're made?
14:19:46
A.
Yes.
14:19:49
10
Q.
And then, the total amounts, correct?
14:19:52
11
A.
Correct.
14:19:52
12
Q.
So the one I just put on the board is a $21,500?
14:19:56
13
A.
Right.
14:19:56
14
Q.
And the one we discussed with the map, is that that one
14:19:59
15
right there?
14:19:59
16
A.
That's $81,600.
14:20:04
17
Q.
At some point, did Mr. Garcia stop using the Bank of America
14:20:12
18
accounts?
14:20:12
19
A.
14:20:18
20
more in 2010 at Wells Fargo account.
14:20:21
21
Q.
And what did he use at the Wells Fargo account?
14:20:26
22
A.
What was the question?
14:20:26
23
Q.
I'm sorry.
14:20:30
24
he use with the Wells Fargo account?
14:20:33
25
A.
So if we were to look at Government's Exhibit 352C, which
Well, he didn't use them as much in 2009.
Then he picked up
And you said the Wells Fargo account.
What did
That's where a lot more cash was being deposited into that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 167 of 290
167
14:20:36
account.
14:20:40
Q.
14:20:45
Downs?
14:20:45
A.
Yes.
14:20:46
Q.
And what activity did you see in that?
14:20:49
A.
In the Ruidoso horsemen's account, there were like several
14:20:54
checks that Fernando authorized that he had written to himself.
14:21:00
Or there was one that I notice that went to Francisco
14:21:06
Colorado-Cessa.
14:21:07
10
Q.
14:21:22
11
What is this document right here, sir?
14:21:23
12
A.
That's the horsemen's account for Poker Ranch.
14:21:26
13
Q.
Poker Ranch, LLC?
14:21:28
14
A.
Yes.
14:21:30
15
Q.
And the address of that, for the record?
14:21:32
16
A.
6553 Star Court.
14:21:37
17
Q.
And on the next page here, page 26, who is listed here as
14:21:51
18
the authorized agent?
14:21:53
19
A.
Fernando Garcia.
14:21:54
20
Q.
Going to page 66, whose account is this?
14:22:07
21
A.
Desiree Princess Ranch, LLC.
14:22:10
22
Q.
Does it have the same address as Poker Ranch?
14:22:13
23
A.
Yes.
14:22:14
24
Q.
And, again, who's the authorized agent?
14:22:18
25
A.
Fernando Garcia.
At some point, did he begin using another account in Ruidoso
I'm going to show Government's Exhibit 231B, page 14-25.
Laredo, Texas.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 168 of 290
168
14:22:20
Q.
We heard some testimony, the jury will recall, from
14:22:25
Alejandro Obregon.
14:22:30
documents for Desiree Princess Ranch?
14:22:32
A.
I think it's Armando De la Vega.
14:22:36
Q.
And for Poker Ranch?
14:22:37
A.
Jorge Gomez.
14:22:44
Q.
Turn your attention to page 97.
14:22:53
the record?
14:22:53
A.
Fast And Furious, LLC.
14:22:55
10
Q.
And I believe the jury's heard from Mr. Hernando Guerra on
14:23:06
11
that.
14:23:11
12
the agent this time, but who's listed as the contact person?
14:23:14
13
A.
Fernando Garcia.
14:23:15
14
Q.
And this individual's account?
14:23:29
15
A.
Santa Fe Roldan.
14:23:31
16
Q.
And on here, how does it state the account was opened?
14:23:37
17
A.
It was a check written by Fernando Garcia.
14:23:41
18
Q.
On the back, based on the records, that's a check, correct?
14:23:49
19
Right there.
14:23:50
20
A.
Yes.
14:23:53
21
Q.
Sir, did you participate in the search warrant and arrest of
14:23:56
22
Fernando Garcia?
14:23:57
23
A.
Yes, I did.
14:23:57
24
Q.
And did you interview Mr. Garcia?
14:24:00
25
A.
Yes, I did.
Do you recall who was the listed owner on the
What company is that for
And, again, who's the -- listing as the -- not necessarily
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 169 of 290
169
14:24:01
Q.
Did you take a statement from Fernando Garcia?
14:24:03
A.
Yes.
14:24:05
Q.
And how did you organize your interview?
14:24:09
A.
We asked him certain general questions.
14:24:13
Miranda rights first and asked him certain questions.
14:24:18
Q.
Is Mr. Garcia an English speaker?
14:24:19
A.
Yes.
14:24:20
Q.
Did you have a Spanish-speaking agent there in case he
14:24:23
wanted one?
14:24:23
10
A.
Yes.
14:24:24
11
Q.
Do you recognize Fernando Garcia in the courtroom today?
14:24:27
12
A.
Yes, I do.
14:24:27
13
Q.
Is it the individual standing?
14:24:30
14
A.
Yes.
14:24:30
15
Q.
Is that the same person you interviewed?
14:24:32
16
A.
Yes.
14:24:32
17
Q.
Okay.
14:24:34
18
A.
Yes.
14:24:35
19
Q.
You said you read him his Miranda rights.
14:24:39
20
list of prepared questions that you were going to ask him?
14:24:41
21
A.
Yes, we did.
14:24:42
22
Q.
Was that the same list that was put to every agent at every
14:24:46
23
single search warrant in this case?
14:24:48
24
A.
Yes.
14:24:53
25
Q.
And when you interviewed him, did you ask him if he knew
We read him his
Was he cooperative during his interview?
Did you have a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 170 of 290
170
14:24:58
certain individuals?
14:24:59
A.
Yes.
14:24:59
Q.
If you will, could you please tell the ladies and gentlemen
14:25:03
of the jury about the interview with Fernando Garcia?
14:25:05
14:25:07
testimony.
14:25:10
I object on that basis.
14:25:16
MR. GARDNER:
14:25:27
(At the bench, on the record.)
14:25:38
10
THE COURT:
What's your objection?
14:25:41
11
MR. ESPER:
My objection is, number one, he's getting
14:25:43
12
ready to testify to statements made to him -- post-arrest
14:25:48
13
statements made to him by Fernando Garcia.
14:25:51
14
violates the confrontation clause and it violates the concepts in
14:25:55
15
Bruton vs. United States in that I believe he's going to testify
14:25:58
16
to certain statements made by Mr. Garcia that I believe are --
14:26:04
17
would be incriminating to my client, without me having the
14:26:07
18
opportunity to cross-examine Mr. Garcia, who is the declarant of
14:26:12
19
those statements.
14:26:14
20
14:26:18
21
when we talked about that chat log.
14:26:22
22
right in Mr. Williams' report.
14:26:26
23
that he either identifies or declines to identify any association
14:26:30
24
with these people.
14:26:34
25
incriminating statements.
MR. ESPER:
Your Honor, I would object to this
It violates the Bruton and the confrontation clause.
MR. GARDNER:
Your Honor, we filed --
My objection is it
Your Honor, we filed our Bruton response
They've had the full context
The government's contention is
What Mr. Esper left out is it has to be
That -- may I finish Mr. Esper?
Thank
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 171 of 290
you.
171
14:26:37
You were about ready.
14:26:39
14:26:42
involved in crooked activity with this guy.
14:26:47
such statement.
14:26:51
this person, or I don't know this person, or I met this person
14:26:54
and I met him a long time ago.
14:26:58
any statement as to any defendant, was involved in criminal
14:27:01
activity; therefore, it is not a Bruton statement.
14:27:06
briefed, and so, I believe that, also, Mr. Esper's objection was
14:27:09
10
14:27:11
11
14:27:13
12
at a hearing where you said you could object to it when it comes
14:27:15
13
in, and that's what I'm doing.
14:27:19
14
makes, I anticipate, to this agent is he's asked about Mr.
14:27:22
15
"Chevo" Huitron, he says he doesn't know him or have anything to
14:27:25
16
do with him.
14:27:30
17
MR. GARDNER:
14:27:31
18
MR. ESPER:
14:27:33
19
of getting in something that they can't be permitted -- it is
14:27:36
20
incriminating -- may I please finish, Mr. Gardner?
14:27:39
21
left-handed and indirect way of doing something they cannot do
14:27:41
22
directly.
14:27:45
23
declarant, not Mr. Williams, the actual declarant, Fernando
14:27:49
24
Garcia, as to those statements.
14:27:53
25
That statement needs to say, I was a crook and I'm
Mr. Garcia made no
He merely said, I know this person, I work with
He does not say these people, in
That was
untimely.
MR. ESPER:
Well, your Honor, I think I brought this up
A statement that Mr. Garcia
There's evidence to the contrary to that fact.
Absolutely.
So this is a left-handed and indirect way
It's a
We have a right to cross-examine this -- the actual
MR. MAYR:
In other words, why he said that.
We can't
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 172 of 290
172
14:27:55
explore why he --
14:27:57
MR. GARDNER:
14:27:57
THE COURT:
14:28:00
MR. MAYR:
14:28:04
14:28:10
14:28:12
left-handed, but he hasn't provided any response to the
14:28:14
government's intention to introduce this evidence, if he says
14:28:16
it's left-handed, that means that it is incriminating, even
14:28:19
10
though incriminating statements -- these are non-incriminating
14:28:23
11
statements merely identified.
14:28:24
12
14:28:28
13
his lies are not directly incriminating.
14:28:32
14
There's other evidence out there that draws the inference that it
14:28:36
15
is criminally connected to him, but under the law it's not
14:28:38
16
left-landed.
14:28:43
17
our motion.
14:28:47
18
proper.
14:28:48
19
14:28:51
20
case.
14:28:55
21
testimony outside the presence of the jury and find out what it
14:28:58
22
is.
14:29:05
23
14:29:14
24
14:29:51
25
The objection --
One at a time.
Sure.
We can't go into -- we can't inquire
as to why Mr. Garcia told this agent that.
MR. GARDNER:
That's the problem.
Your Honor, when they say it's
Now, Mr. Garcia choses to lie, that's his choice, but
It's proper.
I agree with Mr. Esper.
And that's what we fully briefed in
Unless he can show me a case otherwise, I think it's
THE COURT:
I don't know if he needs to show you a
He could have shown me a case.
But I'll hear his
How many of you know how many lights are in that jury
room?
I'm going to put you in the jury room.
(Jury not present.)
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 173 of 290
Okay.
173
14:30:01
THE COURT:
Let's hear the testimony.
14:30:03
MR. GARDNER:
14:30:05
direct the Court's attention to document 379.
14:30:08
summary of the memorandum of interview, which is attachment 3797,
14:30:14
filed on March 17th of this year.
14:30:19
THE COURT:
14:30:21
MR. GARDNER:
14:30:23
attachments, one was a chat catalog.
14:30:28
Trevino's statement, Zulema Trevino's statement, Raul Ramirez's
14:30:33
10
statement, which is sort of overcome by events, Mr. Quintero's
14:30:38
11
statement, which is overcome by events, as well as Alexandra
14:30:43
12
Trevino's statement, which is also overcome by events.
14:30:47
13
seventh one, your Honor, attachment seven is the Fernando Garcia
14:30:52
14
memorandum.
14:31:44
15
14:31:46
16
copy of the memorandum of interview as the clerk's document.
14:35:24
17
Your Honor, that's essentially the statements I'll be striking
14:35:27
18
from the witness.
14:35:29
19
14:35:31
20
14:35:32
21
14:35:37
22
14:36:01
23
14:36:07
24
14:36:21
25
Your Honor, first of all, I'd like to
Specifically, the
379.
379, your Honor, there are seven
The other are Jose
The
And I would ask the Court to pull that up.
Your Honor, I can provide the Court the government's
THE COURT:
I think we'll let the witness go outside
for a minute.
MR. GARDNER:
Okay.
If you'll stand outside, Mr.
Williams.
THE COURT:
You indicate that you intend to ask him if
he knows certain people, including the objector clients Huitrons.
MR. GARDNER:
Huitron.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 174 of 290
THE COURT:
174
14:36:22
Regarded as saying he knows that Huitron is
14:36:25
a horse trainer and has been a trainer since 2005, but he's never
14:36:33
had any dealings with Huitron and that's Eusevio Huitron.
14:36:44
also denies other people knowing, like Victor Lopez.
14:36:50
So this statement will show that Mr. Garcia lied to a federal
14:36:56
agent.
14:36:58
MR. GARDNER:
14:37:10
THE COURT:
14:37:18
14:37:24
10
14:37:31
11
14:37:33
12
says he knows him as a horse trainer.
14:37:35
13
incriminating.
14:37:39
14
any dealings with him because what it amounts to now is this
14:37:44
15
agent is stating what Mr. Garcia is telling him, and there's been
14:37:48
16
certainly evidence reflecting that arguably, Fernando Garcia has
14:37:54
17
had dealings with Mr. Huitron.
14:37:58
18
And so, he's making --
14:38:00
19
THE COURT:
Other than showing that he's --
14:38:00
20
MR. ESPER:
Lying about it.
14:38:04
21
THE COURT:
Either all that evidence is wrong or he's
14:38:06
22
14:38:08
23
14:38:11
24
14:38:13
25
He
All right.
Yes, sir.
I guess I'll just ask counsel, how is that
incriminating to Eusevio Huitron when he says he knows him, he's
a trainer and he hadn't had any dealings with him?
MR. ESPER:
lying.
Your Honor, it's not incriminating when he
Clearly.
That's not
But it incriminating when he says, I've never had
What does that show?
MR. ESPER:
Well, it deprives me the opportunity of
cross-examining Mr. Garcia as to why -THE COURT:
To prove that all the other evidence that's
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 175 of 290
175
14:38:17
come into the record is.
14:38:19
14:38:20
questioning him as to why he would lie about something like that.
14:38:24
I can't ask Mr. Williams that.
14:38:29
THE COURT:
14:38:32
MR. GARDNER:
14:38:34
it's not hearsay because it's not offered for the truth because
14:38:38
it's a lie.
14:38:42
hearsay.
14:38:44
10
MR. ESPER:
14:38:45
11
lying about what the truth is.
14:38:47
12
MR. GARDNER:
14:38:50
13
what the definition of lying is.
14:38:52
14
MR. ESPER:
14:38:55
15
MR. GARDNER:
14:38:56
16
MR. ESPER:
I know the statement is a lie.
14:38:57
17
THE COURT:
What other, other than to prove that he
14:38:59
18
14:39:02
19
14:39:03
20
regards to Mr. Nayen, your Honor, that is not the truth either.
14:39:09
21
And, your Honor --
14:39:10
22
14:39:13
23
14:39:15
24
MR. GARDNER:
14:39:16
25
THE COURT:
MR. ESPER:
It deprives me the opportunity of
Oh, lord.
Your Honor, we would also mention that
And confrontation clause is only triggered by
Well, you're offering it to prove he's
Well, it's still not the truth.
That's
It's truth of the matter asserted.
Yes, sir.
lied about not working with.
MR. GARDNER:
THE COURT:
He's got a statement in there, also, with
There's a lot of statements there that's
not the truth if the other evidence is accurate.
Yes, sir.
But what other do you intend to go into?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 176 of 290
176
14:39:20
MR. GARDNER:
Your Honor, you have my only copy.
14:39:22
THE COURT:
14:39:23
MR. GARDNER:
14:39:31
The your Honor, he talks about training specifically
14:39:34
for Bonanza Racing Stables and no other company.
14:39:38
evidence that was just shown to the jury shows that he's working
14:39:43
for Poker Ranch, Desiree Ranch, Santa Fe Roldan.
14:39:47
being truthful about that.
14:39:55
14:39:58
10
actually probably somewhat of a -- well, the first part's true.
14:40:01
11
The second part is his limited involvement with Jose Trevino.
14:40:05
12
The evidence obtained from the search warrants site would
14:40:08
13
demonstrate that that was a lie.
14:40:10
14
14:40:15
15
14:40:17
16
MR. GARDNER:
14:40:18
17
THE COURT:
14:40:21
18
MR. GARDNER:
14:40:22
19
THE COURT:
14:40:29
20
statement, after he was warned that he never had any dealings
14:40:43
21
with Eusevio Huitron?
14:40:45
22
14:40:50
23
Rayo-Mora, despite the fact there's a picture of him standing
14:40:52
24
next to him.
14:40:55
25
Pardon?
You have my only copy.
Thank you.
And the
So he wasn't
Your Honor, in paragraph 3, that, I believe, is
THE COURT:
He even testified he'd never heard of Jose
Trevino's brothers.
Only one on the planet.
Yes, sir.
All right.
MR. GARDNER:
THE COURT:
Yes, sir.
So do you intend to go into his
He also says he does not know Alfonso Del
And he said he never knew of Omar or.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 177 of 290
MR. GARDNER:
14:41:07
14:41:09
the government will introduce later, found on his computer, that
14:41:12
is a article about the Los Zetas that was taken at the time of
14:41:16
his arrest, which would indicate that it, also, is a lie.
14:41:23
14:41:25
14:41:26
14:41:28
apologize.
14:41:31
Bruton, because it's not Bruton, the proper limiting instruction
14:41:34
10
14:41:35
11
14:41:37
12
only consider it against Mr. Garcia, of course, and can't
14:41:41
13
consider it against any other defendants.
14:41:44
14
14:41:46
15
Gardner's talked about just now, during my cross-examination, I'm
14:41:50
16
going to have to bring up the fact that because of this
14:41:53
17
money-laundering stuff, that my client first met Messrs. Colorado
14:41:59
18
and Trevino in 2010 because these check transactions were done in
14:42:05
19
2008, before he even knew this gentleman.
14:42:09
20
up.
14:42:12
21
knew him, and that might be incriminating to them.
14:42:20
22
hasn't taken the stand and there's no reason to think he will.
14:42:27
23
14:42:29
24
it, sir.
14:42:37
25
memo was created on June 29th, four-and-a-half months later.
THE COURT:
Yes, your Honor.
177
All right.
And there's a item that
Anybody else have any objection
other than Mr. Esper?
MR. GARDNER:
We would -- I'm sorry, your Honor, I
We would also ask that the proper Bruton -- well, not
to the jury.
THE COURT:
MR. WOMACK:
I'll give an instruction that they could
In addition to the information that Mr.
I need to bring that
But, again, that's part of his statement to the agent is I
And my client
I'd also point out one last thing and you probably saw
The interviews happened on February 12th of 2012.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
This
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 178 of 290
MR. GARDNER:
Your Honor, that's a typo.
178
14:42:42
The interview
14:42:45
14:42:50
14:42:52
14:42:54
MR. GARDNER:
14:43:02
MR. WOMACK:
14:43:05
MS. WILLIAMS:
14:43:06
this issue, Judge, but I do have something I do need to alert the
14:43:09
Court.
14:43:10
10
THE COURT:
14:43:12
11
MS. WILLIAMS:
14:43:14
12
that Hector Moreno, who's previously testified in this case, as
14:43:21
13
well as Mario Cuellar, who's testified in this case, have a
14:43:26
14
pending arrest warrant in Mexico for aggravated kidnapping and
14:43:31
15
murder.
14:43:35
16
have not yet been able to, although I do have a copy of what I
14:43:40
17
believe to be the arrest warrant, as well as two police reports.
14:43:45
18
There are photographs included in the police reports, so I feel
14:43:48
19
fairly competent that we're talking about the same people.
14:43:52
20
14:43:57
21
that he left Mexico because he was afraid of the Zetas, I think
14:44:04
22
that it becomes increasingly more important to find out exactly
14:44:07
23
what agreements Mr. Moreno made with the United States with
14:44:13
24
regard to coming here, and what the government might have
14:44:18
25
known -- not this government but the government might have known
occurred when he was arrested on June 12th.
MR. WOMACK:
I've got the document, it says June 29th.
If it's wrong, it's wrong.
It's wrong, yeah.
Typo.
That's all.
I don't have anything to weigh in on
So.
Why not now?
Your Honor, I was informed this morning
I have taken some time to try to sort that out, but I
In light, especially of the testimony of Hector Moreno
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 179 of 290
179
14:44:21
about the existence of this warrant.
14:44:26
your Honor, on July the 25th of 2012.
14:44:30
14:44:32
lawyers that are associated with this case and they've looked at
14:44:35
this.
14:44:39
representation to the Court that this is valid.
14:44:42
MR. GARDNER:
14:44:45
THE COURT:
14:44:47
MR. GARDNER:
14:44:49
10
14:44:50
11
idea yet when this supposedly happened, but that the warrant was
14:44:54
12
issued on July 25th of 2012.
14:44:57
13
14:44:58
14
this to be a fact, that, you know, there's aggravating kidnapping
14:45:02
15
and there's murder that, for whatever reason, kidnapping is
14:45:05
16
considered to be a more serious offense in Mexico than even
14:45:08
17
murder.
14:45:10
18
14:45:16
19
14:45:19
20
MS. WILLIAMS:
14:45:21
21
THE COURT:
14:45:23
22
14:45:24
23
14:45:25
24
the week and I intend to have these translated, we'll kind of
14:45:28
25
sort that out.
MR. FINN:
It was signed, I believe,
And, Judge, there are some Spanish-speaking
We haven't translated it yet, but we can make a good-faith
2012.
MS. WILLIAMS:
MR. FINN:
THE COURT:
What was the date again?
After their arrests?
That the warrant was issued.
I have no
And, Judge, I've been told -- I don't know
Well, I have no certifications of any
nature in front of me that would make any of this admissible.
Judge, I'm not asking for it to be.
You're just giving me a heads up and I
appreciate it.
MS. WILLIAMS:
I'm just giving you a heads up.
Over
But I just wanted to give you a heads up and the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 180 of 290
180
14:45:31
government a heads up that I think that information that has been
14:45:33
asked for previously contains a lot more relevance.
14:45:39
14:45:42
base, and that is, other than what's going to come up on
14:45:53
cross-examination is neither here nor there because it's not up
14:45:58
yet.
14:46:31
his activities with Mr. Huitron.
14:46:52
Alfonso de Rayo-Mora, Victor Lopez, never gone to Mexico with
14:47:07
Nayen.
14:47:22
10
14:47:24
11
MR. GARDNER:
14:47:25
12
THE COURT:
14:47:26
13
MR. GARDNER:
14:47:29
14
where he identifies -- when asked, he only identifies Bonanza and
14:47:32
15
Garcia Bloodstock, he does not identify any association with the
14:47:38
16
other nominee companies as the government's alleged.
14:47:43
17
THE COURT:
15:03:31
18
(Recess.)
15:03:54
19
THE COURT:
15:04:11
20
making the report Court Exhibit No. 4, since I've read it before
15:04:20
21
I make a legal determination, and I sustain the objection.
15:04:25
22
not going to permit the conversations, notwithstanding for the
15:04:32
23
record, I don't think a couple of them are incriminatory in any
15:04:36
24
way, shape or form, but they're statements made after the
15:04:40
25
conspiracy and that's the evidence I've heard so far.
THE COURT:
All right.
Now, let's go back to first
Just run through my mind again, you want to ask him about
He doesn't know other people,
He doesn't know who Miguel Trevino Morales or Omar
Trevino-Morales -And, your Honor --
-- was.
Sorry.
Just to add there, in paragraph 1
All right.
Jaye, make this Court Exhibit 4.
I'm
I'm
I think
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 181 of 290
181
15:04:52
we'll stay with a clean record.
15:04:53
MR. GARDNER:
15:04:56
MR. WOMACK:
15:04:59
15:04:59
THE COURT:
15:05:00
MR. WOMACK:
15:05:03
THE COURT:
15:05:09
MR. WOMACK:
15:05:15
MR. GARDNER:
15:05:17
10
15:05:18
11
THE COURT:
15:05:34
12
(Jury present.)
15:07:15
13
THE COURT:
15:07:18
14
THE WITNESS:
15:07:19
15
THE COURT:
15:07:20
16
Q.
15:07:22
17
about the search warrant.
15:07:25
18
from Fernando Garcia in New Mexico, Government's Exhibit 128A.
15:07:41
19
Do you recognize this, sir?
15:07:42
20
A.
Yes, I do.
15:07:45
21
Q.
And this is what?
15:07:47
22
A.
Bank records for Bonanza Racing Stables.
15:07:50
23
Q.
And so, what is this particular document here?
15:07:53
24
A.
That's for the authorization form that give signature
15:07:58
25
rights.
Got it, your Honor.
So, sir, that's as to the entirety of this
interview?
Pardon me?
That's as to the entirety, correct, sir?
Any statements made by Mr. Garcia.
Thank you.
I understand the Court's ruling.
Thank
you, sir.
Okay.
Bring the jury in.
Mr. Williams, you're still under oath.
Okay.
You may proceed.
(BY MR. GARDNER) Special Agent Williams, we were talking
And I want to show you a exhibit taken
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 182 of 290
182
15:07:59
Q.
And whose name is it?
15:08:01
A.
Francisco Silva-Ramos.
15:08:03
Q.
And does it appear to be Mr. Ramos' signature down here?
15:08:06
A.
Yes.
15:08:07
Q.
Now, back of page 2 appears to be a Wells Fargo sticky?
15:08:16
A.
Yes.
15:08:17
Q.
And for the record, what does it say?
15:08:18
A.
Please sign and return.
15:08:22
Q.
Also located with this, do you find taxpayer number
15:08:26
10
identification?
15:08:26
11
A.
Yes.
15:08:28
12
Q.
Page 4.
15:08:36
13
A.
It looks like an individual that's practicing the signature
15:08:40
14
of Francisco Silva-Ramos.
15:08:43
15
Q.
I'm showing you page 1.
15:08:46
16
A.
Yes.
15:08:47
17
Q.
So when you compare these, does it appear to be a similar
15:08:52
18
set of signatures as is on page 1 of the authorization form?
15:08:55
19
A.
Yes.
15:08:56
20
Q.
And, again, whose possession was this one found?
15:08:58
21
A.
In Fernando Garcia's.
15:09:03
22
Q.
And I'm showing you 128B.
15:09:15
23
A.
Bonanza Racing Stables bank statement.
15:09:19
24
Q.
Let me flip it over.
15:09:32
25
A.
The opening deposit that was made.
And, sir, can you tell me what this page?
Is that the signature?
What is this, sir?
What does this $100,000 reflect?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 183 of 290
183
15:09:34
Q.
Did you -- were you able to determine any other activity
15:09:37
from this bank other than that opening deposit?
15:09:39
A.
No.
15:09:40
Q.
I want to show you Government's Exhibit 24 by stipulation
15:10:02
found at Jose Trevino's property in Lexington, Oklahoma.
15:10:08
that, sir?
15:10:09
A.
15:10:14
Jose Trevino, their connection.
15:10:21
Q.
15:10:38
10
you recognize those, sir?
15:10:40
11
A.
Yes, I do.
15:10:41
12
Q.
And are those photos taken from the search warrant in New
15:10:44
13
Mexico?
15:10:44
14
A.
Yes.
15:10:45
15
Q.
Is that the search warrant where Mr. Garcia was arrested?
15:10:47
16
A.
Yes.
15:10:49
17
Q.
Your Honor, I offer Government's Exhibit 371A, B and C.
15:10:57
18
MR. WOMACK:
15:10:58
19
THE COURT:
15:11:02
20
Q.
15:11:09
21
Garcia was driving?
15:11:10
22
A.
Yes, it was.
15:11:13
23
Q.
What's the significance of that plate number?
15:11:15
24
A.
That plate is registered to Jose Trevino.
15:11:19
25
What is
It's a statement that shows Garcia Bloodstock in care of
I want to show you Government's Exhibit 371A, B and C.
Do
No objection.
All right.
A, B and C of 371 are received.
(BY MR. GARDNER) Now, was this the automobile that Mr.
THE COURT:
Before we do that, which exhibit is that?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 184 of 290
I'm sorry, your Honor.
184
15:11:24
MR. GARDNER:
That's 371A.
15:11:26
THE COURT:
15:11:30
Q.
15:11:39
sir?
15:11:42
A.
15:11:46
document that was found inside the car.
15:11:48
Q.
15:11:53
same veterinarian inspection slip?
15:11:55
A.
Yes.
15:12:00
10
Q.
And for the record, could you please state the date that's
15:12:06
11
located on that document?
15:12:07
12
A.
February 2, 2012.
15:12:11
13
Q.
And in whose name?
15:12:12
14
A.
Jose Trevino.
15:12:15
15
Q.
Again, where was this found?
15:12:18
16
A.
In New Mexico.
15:12:19
17
Q.
And was it found in the car registered to Jose Trevino?
15:12:22
18
A.
Yes.
15:12:23
19
Q.
Showing you Government's Exhibit 137, also by stipulation,
15:12:41
20
taken from the Defendant Fernando Garcia in New Mexico.
15:12:55
21
this, sir?
15:12:56
22
A.
15:13:04
23
his connection to Eusevio Huitron.
15:13:07
24
Q.
15:13:09
25
record, could you read that in?
All right.
(BY MR. GARDNER) Showing you 371B.
What's that a photo of,
That is a certificate of veterinary inspection.
And I'm showing you Government's Exhibit 135.
That was a
Is that the
What is
That's another statement found in New Mexico where it shows
The jury has heard the name of this horse, but for the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 185 of 290
185
15:13:11
A.
Tamaulipas Boy.
15:13:14
Q.
Your Spanish is not very good, is it?
15:13:16
A.
No.
15:13:18
Q.
Would that be Tamaulipas?
15:13:19
A.
Tamaulipas.
15:13:22
THE COURT:
15:13:24
MR. GARDNER:
15:13:26
Exhibit 137.
15:13:28
Q.
15:13:32
10
found?
15:13:33
11
A.
Yes.
15:13:35
12
Q.
So addressed to Fernando Garcia, a bill for Eusevio Huitron?
15:13:41
13
A.
Right.
15:13:42
14
Q.
In all fairness, it was paid for, correct?
15:13:45
15
A.
Yes.
15:13:53
16
Q.
I'm showing you Government's Exhibit 139, also by
15:13:56
17
stipulation found in New Mexico.
15:14:02
18
A.
Yes, I do.
15:14:03
19
Q.
And speed things up, it's a Fed Ex envelope, is it not?
15:14:08
20
A.
Yes.
15:14:11
21
Q.
And whose name is it in?
15:14:12
22
A.
Jesus Huitron and the company Huitron Homes.
15:14:20
23
Q.
While my mind's on the Fed Ex envelope, yesterday, the jury
15:14:27
24
heard some testimony with regards to a voided check.
15:14:43
25
Specifically, I'll ask the jury to recall the testimony -- and
I guess so.
What number is that?
Again, your Honor, that's Government's
(BY MR. GARDNER) Was this the envelope in which it was
Yes.
It was paid for.
Do you recognize 139, sir?
It is a Fed Ex.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 186 of 290
186
15:14:46
this is Government's Exhibit 6 by stipulation taken from
15:14:49
Lexington, Oklahoma.
15:14:59
15:15:01
courtroom, but the jury saw this check on the testimony of Brian
15:15:06
Schutt, and the testimony was -- or the indication was this check
15:15:11
was lost.
15:15:13
A.
Yes, I did.
15:15:13
Q.
And what on this check indicates to you it was not, in fact,
15:15:18
lost?
15:15:18
10
A.
15:15:23
11
the back of it, it was endorsed by Hernando Guerra.
15:15:35
12
Q.
15:15:39
13
an endorsement by Hernando Guerra?
15:15:43
14
A.
Yes.
15:15:44
15
Q.
Yet, that check is voided?
15:15:45
16
A.
Correct.
15:15:46
17
Q.
And, again, for the record, is that the purchase of Blues
15:15:53
18
Ferrari?
15:15:53
19
A.
Yes.
15:15:54
20
Q.
What is unusual -- give me one second.
15:16:06
21
Guerra associated with?
15:16:07
22
A.
Fast And Furious.
15:16:08
23
Q.
That's stated here?
15:16:11
24
A.
Yes.
15:16:19
25
Q.
So Hernando Guerra's signature, at least one point,
Special Agent Williams, I know you weren't in the
Did you review this check?
That it -- it's the original check and it's voided, and on
So, again, if we turn over to the back, there appears to be
Who is Hernando
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 187 of 290
187
15:16:23
indicates he touched that check?
15:16:25
A.
Yeah.
15:16:28
Q.
Going back to the subject of Mr. Garcia.
15:16:33
Government's Exhibits 58A and 58B by stipulation taken from
15:16:41
Eusevio and Jesus Huitron.
15:16:51
A.
Yes.
15:16:52
Q.
Okay.
15:16:57
it's Fernando Garcia, owner and Eusevio Huitron, trainer?
15:17:01
A.
Yes.
15:17:02
10
Q.
And 58B is a horse called Reba Reba Corona and who's the
15:17:08
11
owner?
15:17:08
12
A.
Garcia Bloodstock and Racing.
15:17:10
13
Q.
And who's the trainer?
15:17:12
14
A.
Erika Huitron.
15:17:14
15
Q.
Do you know if Erika Huitron is associated with Jesus and
15:17:17
16
Eusevio Huitron?
15:17:18
17
A.
Yes.
15:17:26
18
Q.
Showing you Government's Exhibit 138 by stipulation taken
15:17:31
19
from the Defendant Fernando Garcia in New Mexico.
15:17:38
20
those, sir?
15:17:40
21
A.
Membership ID cards for American Quarter Horse Association.
15:17:44
22
Q.
Bonanza Racing Stables on top?
15:17:46
23
A.
Yes.
15:17:47
24
Q.
And who on the bottom part?
15:17:49
25
A.
Luis Gerardo Aguirre.
That he received it, yes.
Showing you
58A, a race photo; is that correct?
The horse's name in this case is Jukebox Zoom.
So
What are
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 188 of 290
188
15:17:51
Q.
And, again, the evidentiary significance of that?
15:17:53
A.
It shows his connection to Luis Aguirre.
15:18:00
Q.
And, again, these were all in Mr. Garcia's -- are the ones
15:18:04
identified from Mexico were all in Mr. Garcia's possession?
15:18:06
A.
Yes.
15:18:07
Q.
Okay.
15:18:16
stipulation from Mr. Fernando Garcia in New Mexico.
15:18:22
recognized that, sir?
15:18:23
A.
Yes.
15:18:28
10
Q.
Sir, have you reviewed the pocket trash testified to by the
15:18:35
11
Customs and Border Protection officer?
15:18:37
12
A.
Yes.
15:18:38
13
Q.
Is this the same card that you saw on that exhibit?
15:18:40
14
A.
Yes.
15:18:55
15
Q.
Showing you what has been taken from Fernando Garcia by
15:18:58
16
stipulation, Government's Exhibit 142A from New Mexico.
15:19:03
17
this, sir?
15:19:14
18
A.
That is a Poker Ranch horsemen's account.
15:19:17
19
Q.
And, again, this was in Mr. Garcia's possession?
15:19:19
20
A.
Yes.
15:19:22
21
THE COURT:
15:19:24
22
MR. GARDNER:
15:19:26
23
THE COURT:
15:19:29
24
MR. GARDNER:
Poker Ranch.
15:19:30
25
THE WITNESS:
Poker Ranch.
Showing you Government's Exhibit 134 taken by
Do you
State of New Mexico Racing Commission ID badge.
What is
What?
142A, your Honor.
But what ranch?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 189 of 290
189
15:19:31
Q.
(BY MR. GARDNER) And 142B, whose horsemen's account is that?
15:19:38
A.
Desiree Princess Ranch and, also, the statements that you're
15:19:42
putting back on there, also, it shows that those checks were
15:19:45
written to Fernando Garcia that you put your finger back on.
15:19:50
Q.
15:19:54
is Fernando Garcia?
15:19:55
A.
Exactly.
15:20:05
Q.
Government's Exhibit 179 taken by stipulation from the
15:20:13
Dallas residence of Jose Trevino.
15:20:24
10
A.
15:20:29
11
pick up.
15:20:34
12
search warrant stuff.
15:20:35
13
Q.
15:20:41
14
Ruidoso for the All American Futurity for 2011?
15:20:45
15
A.
Yes.
15:20:50
16
Q.
And, again, the evidentiary significance?
15:20:52
17
A.
It shows his connection to Jose Trevino.
15:21:03
18
Q.
I'm showing you Government's Exhibit 132, also by
15:21:06
19
stipulation, taken from Fernando Garcia in New Mexico.
15:21:11
20
series of one, two, three, four, five AQHA registration
15:21:21
21
certificates.
15:21:32
22
Don Hervy.
15:21:35
23
top in pencil?
15:21:36
24
A.
Adan Farias.
15:21:38
25
Q.
And the name of the current owner?
The checks that were found with the exhibit.
The paid name
And that was on Poker Ranch, as well.
What is that, sir?
It's the envelope that's for Poker Ranch and for Fernando to
And these were tickets that was found in Jose Trevino's
And inside are the actual tickets to the Turf Club in
132,
This is a horse called Adan Farias -- I'm sorry,
This is what I was getting to.
Whose name is at the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 190 of 290
190
15:21:40
A.
Garcia Bloodstock and Racing.
15:21:48
Q.
And the second page, what's the name of the horse?
15:21:50
A.
Corona James.
15:21:52
Q.
And who is the owner listed on this horse?
15:21:54
A.
Sergio Rincon.
15:22:05
Q.
And who is the horse previously owned by?
15:22:08
A.
Francisco Colorado-Cessa.
15:22:11
Q.
So it went from Francisco Colorado-Cessa to Sergio Rincon?
15:22:17
A.
Yes.
15:22:18
10
Q.
And whose possession was it?
15:22:20
11
A.
Fernando Garcia's.
15:22:24
12
Q.
Horse called BP Hesa Jess.
15:22:29
13
A.
Poker Ranch.
15:22:36
14
Q.
And attached to the back is what the jury has heard referred
15:22:38
15
to as a Coggins report.
15:22:47
16
the name and address?
15:22:48
17
A.
Eusevio Huitron.
15:22:53
18
Q.
And the next horse is called Loose Chick.
15:23:04
19
as the current owner?
15:23:05
20
A.
Francisco Colorado-Cessa.
15:23:10
21
Q.
And this is a horse called Molotov?
15:23:13
22
A.
Yes.
15:23:13
23
Q.
And who's the current owner?
15:23:14
24
A.
Carmina, LLC.
15:23:16
25
Q.
And who do you know Carmina, LLC to be associated with?
Who's the registered owner?
Who is listed on the Coggins report as
And who is listed
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 191 of 290
191
15:23:19
A.
Carlos Nayen.
15:23:21
Q.
And who's listed in the top right-hand corner?
15:23:24
A.
"E" stands for Eusevio Huitron.
15:23:30
Q.
Again, what's the significance of that?
15:23:31
A.
Shows their connection.
15:23:33
Q.
Special Agent Williams, was that the -- what you attempt to
15:23:37
do in a law enforcement investigation, sir, the connections?
15:23:39
A.
Yes, we do.
15:23:40
Q.
And why is that?
15:23:41
10
A.
Show the environment of what you call a conspiracy.
15:23:46
11
15:23:48
12
15:23:50
13
15:23:55
14
Q.
15:23:57
15
prove is knowledge?
15:23:58
16
A.
Yes.
15:23:59
17
Q.
Not only knowledge of the underlying offense but knowledge
15:24:02
18
of other coconspirators?
15:24:04
19
A.
Yes.
15:24:05
20
Q.
And does that evidence that you reviewed and selected, at
15:24:09
21
least in your understanding, help demonstrate that?
15:24:12
22
A.
15:24:14
23
15:24:16
24
ultimate conclusion, and invades the province of the jury, and
15:24:18
25
inadmissible under 704.
MR. ESPER:
Objection, your Honor.
He's invading the
province of the jury.
MR. GARDNER:
I'll rephrase and ask another question.
(BY MR. GARDNER) Is one of the things the government has to
Yes.
MR. MAYR:
Objection, your Honor.
Again, it goes to an
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 192 of 290
MR. GARDNER:
192
15:24:21
Your Honor, that's all the questions I
15:24:23
15:24:24
15:24:28
purpose, although it was a late objection.
15:24:32
waited till the answer and then, you objected.
15:24:34
15:24:37
Honor, is -- he goes a little bit beyond what the question -- I
15:24:40
can't anticipate the questions and I apologize.
15:24:43
15:24:47
10
15:24:48
11
15:24:49
12
15:24:50
13
15:24:54
14
15:24:54
15
BY MS. WILLIAMS:
15:25:11
16
Q.
Good afternoon.
15:25:12
17
A.
Hi.
15:25:13
18
Q.
I'm handing you what's been marked as Government's Exhibit
15:25:15
19
264 and it's admitted.
15:25:19
20
that is?
15:25:19
21
A.
It's a signature card for IBC for Tyler Graham.
15:25:29
22
Q.
It's an IBC Bank account for Tyler Graham?
15:25:33
23
A.
Correct.
15:25:33
24
Q.
And when was that account opened?
15:25:45
25
A.
Let me find the date on it.
have.
THE COURT:
MR. MAYR:
The last answer, do not consider for any
You stood up, you
Well, but the problem is the answer, your
THE COURT:
All right.
I've sustained the objection.
The jury will not consider it.
MR. GARDNER:
Thank you, your Honor.
I pass the
witness.
THE COURT:
All right.
Ms. Williams.
CROSS-EXAMINATION
Can you tell the members of the jury what
June 28, 2010?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 193 of 290
15:25:57
Q.
It's on that first page.
15:26:05
A.
Okay, yeah.
15:26:09
Q.
All right.
15:26:11
account, a check was deposited; is that correct?
15:26:25
A.
Yes.
15:26:27
Q.
And it was a check?
15:26:28
A.
Yes.
15:26:30
Q.
$2,855?
15:26:36
A.
Correct.
15:26:37
10
Q.
On the same date that it was opened?
15:26:39
11
A.
Correct.
15:26:42
12
Q.
All right.
15:26:47
13
things happen.
15:26:56
14
cash into that bank account?
15:26:58
15
A.
Correct.
15:26:59
16
Q.
True?
15:27:00
17
A.
Yes.
15:27:00
18
Q.
All right.
15:27:13
19
A.
Correct.
15:27:14
20
THE COURT:
15:27:18
21
MS. WILLIAMS:
15:27:19
22
THE COURT:
15:27:21
23
MS. WILLIAMS:
15:27:23
24
THE COURT:
15:27:32
25
Q.
June 28, 2010.
After the date of the opening of that bank
There was a deposit made.
Yes.
Then over a period of two days, a couple of
There are a series of $9,000 deposits made in
So on July the 13th, $9,000 is deposited?
Are you saying July the 13th?
I did, your Honor.
And the account was opened.
Opened on June 28th.
Okay.
(BY MS. WILLIAMS) And then, at that same branch, I don't
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
193
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 194 of 290
I sure can't.
194
15:27:36
know if you can tell what time it is.
Another
15:27:44
$9,000 is deposited?
15:27:45
A.
Right.
15:27:45
Q.
And then, on that same date at a different branch of IBC
15:27:50
bank, another $9,000 was deposited.
15:27:55
A.
Correct.
15:27:56
Q.
And then, some money was taken out, $1,700; is that right?
15:28:14
A.
Yes.
15:28:15
Q.
Is it in cash?
15:28:17
10
A.
No.
15:28:18
11
Q.
It was a check.
15:28:37
12
A.
No.
15:28:39
13
Q.
Somebody else?
15:28:39
14
A.
Yeah.
15:28:40
15
Q.
All right.
15:28:46
16
at the original branch, branch 130, another deposit of $9,000 was
15:28:59
17
made.
15:29:00
18
A.
15:29:03
19
THE COURT:
15:29:05
20
MS. WILLIAMS:
15:29:09
21
Q.
15:29:12
22
130, another $9,000.
15:29:15
23
A.
Right.
15:29:17
24
Q.
And just as in the previous day, the third deposit is made
15:29:22
25
at branch 101 for another $9,000?
Right.
Can you tell?
It was a check.
So like he wrote a check to himself?
He wrote a check to.
Then, the next day, on July the 14th, 2010, back
Correct.
What date was that, counsel?
July the 14th, 2010.
(BY MS. WILLIAMS) And, again, on July 14, 2010 at branch
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 195 of 290
195
15:29:28
A.
Correct.
15:29:29
Q.
And then, on July the 27th of 2010, what happened?
15:29:40
last thing -- I mean, this is all the transactions in this
15:29:43
account, right?
15:29:46
this account.
15:29:49
A.
15:30:05
two checks, three checks written.
15:30:10
Q.
Two checks?
15:30:11
A.
Two.
15:30:11
10
Q.
Right?
15:30:27
11
A.
Yeah.
15:30:32
12
Q.
One to Heritage Place?
15:30:35
13
A.
Right.
15:30:37
14
Q.
And one to Tyler Graham?
15:30:39
15
A.
Correct.
15:30:42
16
Q.
Now, this activity that takes -- well, do you see in this
15:30:47
17
bank account -- and maybe it wouldn't be here.
15:30:51
18
any evidence that a suspicious activity report was filed as a
15:30:54
19
result of this activity?
15:30:55
20
A.
A suspicious activity report, no.
15:30:58
21
Q.
Should it have been?
15:31:00
22
A.
That would be depending on the branch.
15:31:03
23
required forms to be filed.
15:31:04
24
Q.
15:31:09
25
place on July 13 and July 14?
Everything I've described is what happens in
Let me get to the last page and check.
Two checks.
Yeah.
There were
Oh, no, no, no.
Two cashier's checks, I think.
Two cashier's checks.
All right.
It's the
Yes.
But do you have
Those are not
What would you call this activity that took
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 196 of 290
196
15:31:12
A.
Possibly structuring transactions.
15:31:16
Q.
No further questions.
15:31:26
MR. SANCHEZ:
15:31:28
MR. WOMACK:
15:31:30
15:31:30
BY MR. WOMACK:
15:31:33
Q.
Mr. Williams, how are you doing?
15:31:35
A.
I'm doing fine.
15:31:36
Q.
We've met before, haven't we?
15:31:38
10
A.
Yes, we have.
15:31:39
11
Q.
Handful of questions about this bank account.
15:31:41
12
A.
Okay.
15:31:41
13
Q.
On --
15:31:42
14
A.
The same bank account or which bank account?
15:31:45
15
Q.
Garcia Bloodstock, Fernando Garcia.
15:31:48
16
Garcia?
15:31:48
17
A.
Yes.
15:31:49
18
Q.
Stand up.
15:31:50
19
A.
Yeah.
15:31:51
20
Q.
Okay.
15:31:54
21
15:31:58
22
A.
Right.
15:32:00
23
Q.
On the day that Fernando Garcia opened his company, Garcia
15:32:06
24
Bloodstock and Racing?
15:32:06
25
A.
No questions.
Just a few, your Honor.
CROSS-EXAMINATION
And you know Fernando
You know him?
Have a seat.
In September of 2008.
Correct.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 197 of 290
197
15:32:07
Q.
You told us he made around -- I think it was $81,000 in
15:32:12
deposits?
15:32:13
A.
Yes.
15:32:15
Q.
And that was the money basically to establish his account,
15:32:18
his bank account for his company, correct?
15:32:20
A.
I don't know what he had the $90,000 for.
15:32:25
Q.
Right.
15:32:27
open a bank account, you have to put something in it.
15:32:29
A.
15:32:33
10
Conquistador.
15:32:36
11
Q.
15:32:39
12
the same day that he started his company, he made a deposit of
15:32:44
13
$9,000 in the bank?
15:32:46
14
A.
Right.
15:32:46
15
Q.
That was a brand-new bank account opened that day?
15:32:49
16
A.
Right.
15:32:49
17
Q.
And you told us that he made a series of deposits, like
15:32:53
18
$9,000 each totaling around 80 -- I think it was 81,000 or more?
15:32:57
19
A.
Yes.
15:32:57
20
Q.
Okay.
15:33:04
21
very suspicious, wouldn't it?
15:33:06
22
A.
Yes.
15:33:07
23
Q.
Now, would you agree with me that to be guilty of
15:33:12
24
structuring, the depositor, the person taking the money and
15:33:18
25
depositing it into the bank would have to know that the bank has
But remember it was the initial deposit.
When you
Well, the initial deposit was just $9,000 at FirstBank at El
Okay.
Not 80,000.
So during that timeframe he opened a bank account,
And to you, as a trained IRS agent, that would look
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 198 of 290
198
15:33:23
a requirement of making a report of some kind to the IRS any time
15:33:30
you make a deposit of more than $10,000, correct?
15:33:34
of it?
15:33:35
A.
Could you rephrase that now?
15:33:36
Q.
Yeah.
15:33:42
To commit structuring, which is a criminal offense or
15:33:46
can be -- to commit structuring, the person making the deposit,
15:33:53
the depositor, we'll call him.
15:33:56
A.
Right.
15:33:56
10
Q.
First would have to know that a bank has a requirement that
15:34:02
11
when someone makes a deposit of more than $10,000 cash, they, the
15:34:07
12
bank has to report that in this Currency Transaction Report to
15:34:11
13
the IRS?
15:34:13
14
MR. GARDNER:
15:34:14
15
THE COURT:
15:34:21
16
MR. GARDNER:
15:34:22
17
(At the bench, on the record.)
15:34:31
18
MR. GARDNER:
15:34:32
19
questioning, I believe he's kicking open the door for me to start
15:34:35
20
asking about all these lies to show he has knowledge.
15:34:43
21
understand the Court's ruling, and I agree with it under the
15:34:46
22
circumstances, but what Mr. Womack is asking is whether we can't
15:34:50
23
show there's knowledge under structure.
15:34:53
24
statements should come in to show he has knowledge of
15:34:57
25
structuring.
Is that part
I'm trying to make it very simple for me.
Your Honor, may I approach?
You may.
I'm sorry.
Your Honor, Mr. Womack's line of
And I
All the lies in his
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 199 of 290
MS. FERNALD:
199
15:34:58
With a limiting instruction on Bruton in
15:35:04
15:35:04
15:35:06
15:35:06
THE COURT:
15:35:07
MR. WOMACK:
15:35:08
THE COURT:
15:35:14
15:35:14
15:35:16
10
15:35:17
11
15:35:20
12
15:35:21
13
15:35:23
14
15:35:24
15
15:35:26
16
15:35:27
17
15:35:31
18
he has to have knowledge that he was trying to avoid the
15:35:36
19
reporting.
15:35:36
20
15:35:38
21
15:35:38
22
MR. WOMACK:
15:35:41
23
MR. MAYR:
15:35:42
24
THE COURT:
15:35:44
25
order to state the appellate record.
MR. WOMACK:
None of these statements talk about
structuring.
What?
None of the statements talk about -You're asking him a question that has a lot
of places.
MR. WOMACK:
And that's a good reason not to because of
that.
THE COURT:
He's got to have intent to -- doesn't even
have to have any knowledge -MR. WOMACK:
sir.
I know that.
You'll give instructions on that.
Yes,
I'll withdraw that.
MR. MAYR:
Judge, what was that last part?
He doesn't
have to have acknowledge?
THE COURT:
MR. MAYR:
He doesn't have to know -- actually, it's
But he does have to know that there is a
reporting requirement.
have to know that.
Assume he had to know to avoid it.
Yeah, he does.
Not in a particular bank.
You wouldn't
He just knows that he's supposed to report
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 200 of 290
200
15:35:49
it -- the bank's supposed to report it.
15:35:51
15:35:52
there's a requirement for the bank to do it and you have to
15:35:54
intend to avoid that by breaking it down into small deposits.
15:35:58
But I understand he's not a proper witness.
15:36:01
understand, sir.
15:36:09
Q.
15:36:13
you were.
15:36:15
square one, okay?
15:36:17
10
A.
Okay.
15:36:23
11
Q.
You were shown a signature card for Bonanza Racing Stables?
15:36:31
12
A.
Yes.
15:36:58
13
Q.
You were shown the bank account signature card or signature
15:37:05
14
records for Bonanza Racing Stables.
15:37:09
15
A.
Yes.
15:37:10
16
Q.
And it has that real distinctive signature of Francisco
15:37:16
17
Silva-Ramos on the signature card, correct?
15:37:18
18
A.
Correct.
15:37:19
19
Q.
When someone opens a bank account, personal or commercial.
15:37:31
20
In addition to the guy that owns the company or owns the account,
15:37:35
21
he or she can designate other people to be signatories on that
15:37:39
22
account?
15:37:40
23
A.
Correct.
15:37:41
24
Q.
So when Mr. Silva-Ramos opened the bank account for Bonanza
15:37:50
25
Stables, he could have, if he wanted to, added any of his
MR. WOMACK:
Two things.
First, you have to know
I would -- I
Thank you.
(BY MR. WOMACK) In the Marine Corps, we have a saying, as
That means to forget everything else and go back to
As you were.
Remember that?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 201 of 290
201
15:37:56
employees or anyone associated with his company, he could have
15:38:01
added them on the account as signatories if he had wanted to,
15:38:05
correct?
15:38:05
A.
Yes.
15:38:06
Q.
And if he doesn't do that, then they're not authorized to
15:38:12
draw money on his account, are they?
15:38:13
A.
Correct.
15:38:15
Q.
And I think you told us when Bonanza Racing Stables opened
15:38:20
their account on the account that we have here in evidence, they
15:38:26
10
started with a balance of $100,000?
15:38:28
11
A.
Right.
15:38:30
12
Q.
And you know that they never drew anything on that account,
15:38:35
13
did they?
15:38:35
14
A.
Right, because the check that was written bounced.
15:38:40
15
Q.
Oh, there's a check that was written that bounced?
15:38:43
16
A.
Right.
15:38:43
17
Q.
And who was that to, do you know?
15:38:46
18
A.
The check was written to Tremor Enterprises.
15:38:51
19
Tremor Enterprises to Bonanza Racing Stables.
15:38:53
20
Q.
And was it for more than $100,000?
15:38:54
21
A.
No.
15:39:00
22
Q.
Okay.
15:39:08
23
successfully drew money on that account, did they?
15:39:11
24
A.
According to -- no.
15:39:18
25
Q.
That's all the questions I have.
Well, from
It was 100,000 for the purchase of Mr. Ease Cartel.
So no one, not even Mr. Silva-Ramos, no one
Not with that check.
No.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 202 of 290
15:39:27
15:39:27
BY MR. ESPER:
15:39:33
Q.
Mr. Williams, how long have you been with the IRS, sir?
15:39:37
A.
Twenty-one years.
15:39:40
Q.
And you are a Certified Public Accountant?
15:39:42
A.
No.
15:39:43
Q.
Just an accountant.
15:39:46
A.
No.
15:39:49
accounting.
15:39:49
10
Q.
15:39:54
11
agent?
15:39:54
12
A.
No.
15:39:58
13
Q.
Okay.
15:40:05
14
you.
15:40:07
15
A.
Okay.
15:40:07
16
Q.
Let's assume that you're not an IRS agent.
15:40:11
17
reputable horse person.
15:40:13
18
A.
15:40:17
19
horse person.
15:40:18
20
Q.
Pardon?
15:40:18
21
A.
I can't assume I'm not an IRS agent or a reputable horse
15:40:23
22
person.
15:40:24
23
Q.
15:40:27
24
assume you are a reputable horse buyer, person who evaluates
15:40:32
25
horses?
202
CROSS-EXAMINATION
I'm not.
You have a degree in accounting?
It's a business administration and I have minor in
Are you attached to the CID division or are you just an IRS
I'm a special agent in CID department.
Let's just assume a hypothetical I want to pose to
Then I'll ask you some questions, okay?
You're a
Well, I can't assume I'm not one and I'm not a reputable
I'm not either one.
Let's just for purposes of this hypothetical.
Let's just
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 203 of 290
203
15:40:32
A.
Okay.
15:40:34
Q.
I'm not a lawyer, but I'm a reputable horse trainer.
15:40:38
A.
Okay.
15:40:39
Q.
You now come to me and you say, Mr. Esper, I represent some
15:40:44
people who own some horses.
15:40:50
can enter them in racing events, and they'd like -- and my
15:40:57
recommendation to my clients is they bring them to you, meaning
15:41:02
me, and I say, okay.
15:41:07
tell you.
15:41:12
10
extra, and you then, say, okay, here's my contact information.
15:41:18
11
The bills will -- you send the bills to me and I'll make sure you
15:41:23
12
get paid, okay?
15:41:24
13
A.
Uh-huh.
15:41:25
14
Q.
With me?
15:41:30
15
horses that are now on my little modest racing facility.
15:41:33
16
a minimum of about 40,000 a month, correct?
15:41:37
17
A.
Yeah.
15:41:38
18
Q.
Okay.
15:41:46
19
$40,000 every month.
15:41:53
20
you're going to collect that 40,000 and pay me for my services.
15:41:57
21
Fair enough?
15:41:57
22
A.
15:42:00
23
it?
15:42:01
24
Q.
15:42:04
25
some people that own horses.
Okay.
I'll try.
They want them trained so that they
And you ask me, how much are your fees, I
Minimum of thousand dollars plus certain things are
Okay.
Now, all of a sudden, here comes about 40
That's
Now, I start having my office girl bill you for that
And based on your representations to me,
Are you saying I'm going -- who's going to collect
You are.
You represented that you're the representative of
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 204 of 290
204
15:42:05
A.
So why wouldn't they just go directly to the person that
15:42:08
they're paying?
15:42:09
Q.
Well, because you're their agent, sir.
15:42:10
A.
But they could send that person the check.
15:42:13
go through me to get to you?
15:42:15
Q.
I'm not trying to be argumentative.
15:42:16
A.
Well, I know, but you said I'm being a reputable person and
15:42:20
you're asking me my opinion, and I'm saying I would have the
15:42:23
person go directly to that person, instead of doing a triangle.
15:42:26
10
Q.
15:42:30
11
come over to the United States, for whatever reason.
15:42:33
12
A.
You mail a check.
15:42:33
13
Q.
They know you travel back and forth.
15:42:35
14
A.
Mail a check.
15:42:36
15
Q.
Pardon me?
15:42:37
16
A.
I would mail a check or wire to them directly.
15:42:39
17
Q.
Okay.
15:42:43
18
them, hey, just wire it into.
15:42:46
19
A.
My account.
15:42:46
20
Q.
Wire it into your account and then, you would make sure I
15:42:49
21
would get paid?
15:42:49
22
A.
No.
15:42:52
23
Q.
That's what you'd have them do.
15:42:56
24
either wire it into his account or wire the money to him
15:42:59
25
directly?
Why would they
Let's say the owners live in Mexico and they don't want to
So whenever the bill is sent to you, you would tell
I mean, I would have them wire to you, not to me.
Wire it to Mr. Esper,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 205 of 290
205
15:43:00
A.
Yeah.
15:43:02
Q.
I understand.
15:43:07
looking to you.
15:43:10
the bills.
15:43:14
you say you're going to tell the owners, hey, don't give me the
15:43:18
money, give it to him directly.
15:43:22
A.
15:43:25
person that's --
15:43:27
Q.
I understand.
15:43:28
10
A.
-- billing each other.
15:43:29
11
Q.
Now, do I have any control how those owners pay me?
15:43:39
12
A.
Do you have any control?
15:43:41
13
Q.
Yes.
15:43:41
14
A.
If you request to be paid by check and not cash, yes, you
15:43:44
15
do.
15:43:44
16
Q.
15:43:48
17
wire-transfer me the money into my account.
15:43:52
18
request --
15:43:53
19
A.
But when you do that --
15:43:54
20
Q.
I make that request.
15:43:55
21
A.
But you have to really trust that person and know them real
15:43:58
22
well to give them your banking information.
15:43:59
23
Q.
15:44:02
24
Williams, in the hypothetical.
15:44:03
25
A.
Yeah.
Not to me.
I understand.
But I'm looking to you.
I'm
You're telling me you look to me for payment of
So I'm looking to you for payment of the bills.
Now,
That's what you're saying?
Why include a third person?
Go directly to the
Well, let's just say, here's my bank account.
Please either
I make that
Well, but you're the one that has approached me, Mr.
Okay, well, I got lost in this hypothetical.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 206 of 290
THE COURT:
We're not getting anywhere.
206
15:44:06
Plus the fact
15:44:10
15:44:11
MR. ESPER:
Yes, sir.
15:44:12
THE COURT:
So let's go on to something germane.
15:44:15
Q.
15:44:17
owners, this is how I want to be paid, pay it into my bank
15:44:22
account, if it's paid differently, if it's paid differently, am I
15:44:28
responsible for how it's paid differently than what I requested?
15:44:30
A.
If you have knowledge of how it's getting there, you do.
15:44:32
10
Q.
If I have knowledge, absolutely.
15:44:33
11
A.
But you know when you get your statement how it's getting
15:44:36
12
paid.
15:44:36
13
Q.
15:44:40
14
Correct.
15:44:42
15
A.
Exactly.
15:44:42
16
Q.
But if I don't know how I'm being paid --
15:44:43
17
A.
But you see it.
15:44:45
18
Q.
Wait a minute, sir.
15:44:49
19
I'm not accountable unless I knew they were trying to violate the
15:44:52
20
law, correct?
15:44:53
21
A.
Right.
15:44:55
22
Q.
That's all I have.
15:44:57
23
15:45:00
24
last question posed.
15:45:02
25
THE COURT:
you've got the horses.
(BY MR. ESPER) Okay.
If I'm being paid and I tell the
If I know when I get my statement, I see how I'm being paid.
If it's contrary to what I requested,
But if you continue --
MR. GARDNER:
Your Honor, I think he could answer the
We've had enough of that.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 207 of 290
MR. MAYR:
207
15:45:06
Your Honor, if I may have a moment, I need
15:45:08
to set up my laptop because I'm going to ask him questions based
15:45:11
on this.
15:45:12
15:45:14
intended to offer my notes as JT-8 for demonstrative purposes
15:45:22
only.
15:45:22
MR. GARDNER:
15:45:23
THE COURT:
15:46:04
MR. GARDNER:
15:46:12
10
(At the bench, on the record.)
15:46:25
11
THE COURT:
15:46:28
12
15:46:31
13
15:46:35
14
What Mr. Womack did was a little bit confusing to the jury.
15:46:37
15
actually prepared a PowerPoint with the elements from a court of
15:46:43
16
appeals decision setting forth the elements for structuring.
15:46:46
17
want to --
15:46:46
18
15:46:49
19
15:46:50
20
MR. MAYR:
15:46:51
21
THE COURT:
15:46:52
22
MR. MAYR:
15:47:03
23
15:47:03
24
BY MR. MAYR:
15:47:08
25
Q.
MS. WILLIAMS:
During that moment, your Honor, I
No objection, your Honor.
JT-8 is received.
May we approach, your Honor?
I can tell that these meetings here at the
pitching mound have to stop.
MR. MAYR:
THE COURT:
I tried to work out an agreement with him.
I will instruct them on the elements.
you.
Okay.
Fair enough.
End of question.
Fair enough.
Okay.
CROSS-EXAMINATION
Agent Williams.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
I've
Not
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 208 of 290
208
15:47:09
A.
Yes.
15:47:10
Q.
Classic example of structuring.
15:47:15
don't want the IRS to know about it, so I take 5,000 of it and I
15:47:20
deposit it into one account.
15:47:25
another bank account.
15:47:28
into another bank account at a completely different bank.
15:47:31
pretty classic example of structuring, right?
15:47:34
A.
Yes.
15:47:34
Q.
Because it shows that I'm intending to avoid the reporting
15:47:38
10
requirement in filling out those CTRs or Cash Transaction Reports
15:47:41
11
that you were talking about with Mr. Gardner, correct?
15:47:43
12
A.
Yes.
15:47:44
13
Q.
Okay.
15:47:49
14
forms out because I don't want the IRS to know, right?
15:47:52
15
A.
Right.
15:47:53
16
Q.
Okay.
15:48:10
17
see that okay up there?
15:48:12
18
A.
Yeah.
15:48:15
19
Q.
Okay.
15:48:19
20
certified record of all cash transaction reports that were filed
15:48:25
21
in relation to my client Jesus Huitron's account; is that right?
15:48:29
22
A.
Yes.
15:48:29
23
Q.
Okay.
15:48:35
24
discrepancies here whatsoever, right?
15:48:37
25
A.
You give me $20,000.
Take another 7,500, deposit it into
And I take the last 7,500 and I deposit it
That's
So the key there is that I don't want to fill those
Showing you what's been admitted as 352B.
Can you
I'm going to zoom in.
What you previously testified to is that this is a
This is it.
This is accurate.
There is no
I'm basing it on the certification of FinCEN.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 209 of 290
209
15:48:41
Q.
That one right there, right?
15:48:43
A.
Yes.
15:48:43
Q.
Okay.
15:48:48
each one of these transactions here, but if I understand this
15:48:52
correctly, what this means is that, for instance, on -- so, for
15:49:03
instance, right here, on July 12, 2010, that means there was a
15:49:16
total cash and deposit of $14,150 that was deposited by Jesus
15:49:30
Huitron, right?
15:49:30
A.
Correct.
15:49:31
10
Q.
Okay.
15:49:36
11
that right?
15:49:36
12
A.
Correct.
15:49:37
13
Q.
So does that mean that my client would have had to go down
15:49:39
14
to Laredo and make the deposit down there?
15:49:42
15
A.
Based on this form, yes.
15:49:45
16
Q.
Okay.
15:49:51
17
from these banks?
15:49:52
18
A.
The actual CTRs?
15:50:01
19
Q.
I may ask you about those later.
15:50:03
20
A.
Okay.
15:50:03
21
Q.
Let's focus on -- I want to just focus, rather than going
15:50:07
22
through each one of these, the three overt acts that are alleged
15:50:10
23
in the indictment, okay?
15:50:13
24
transaction from May 20th of 2011, okay?
15:50:18
25
Now, for the jury's sake, I'm not going to go through
Now, this deposit shows to be filed in Laredo; is
Did you make any attempts to obtain the actual CTRs
Yes.
May 20th, 2011.
We had a backup to this.
Yes.
I'm going to start first with the
We've got it right there, correct?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 210 of 290
210
15:50:42
May 20th, 2011.
15:50:43
A.
Right.
15:50:44
Q.
We see total cash in, $19,800.
15:50:49
A.
Correct.
15:50:49
Q.
And if we go all the way across, we see that Victor Lopez
15:50:57
made a deposit to Jesus Huitron's account; is that right?
15:51:01
A.
Correct.
15:51:01
Q.
Okay.
15:51:08
A.
Correct.
15:52:08
10
15:52:10
11
introducing any of the underlying CTRs.
15:52:14
12
introducing to the jury any of the underlying CTRs that form the
15:52:17
13
basis of the FinCEN report.
15:52:22
14
15:52:24
15
before I get to this point.
Let me just hold off on these for
15:52:27
16
now and just focus on this.
Let me come back over here since
15:52:29
17
I've got them over here, Agent Williams.
15:52:36
18
Q.
15:52:42
19
see on my client's bank statements here, those are the two
15:52:49
20
deposits right there; is that right?
15:52:55
21
A.
Yes.
15:52:55
22
Q.
If you go through the bank statements, you see that there's
15:52:59
23
-- there's lots of transactions consistent with a home building
15:53:03
24
and painting business, right?
15:53:05
25
A.
In Laredo, right?
MR. GARDNER:
MR. MAYR:
Mr. Mayr, we have no objection to
We have no objection to
I need an opportunity to review these first
(BY MR. MAYR) Okay.
So we're talking about 5-20-11 and we
See them right there?
Which transaction are you talking about?
The deposits or?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 211 of 290
211
15:53:09
Q.
Yeah.
The deposits.
15:53:09
A.
I can't tell from those deposits where they're home
15:53:15
builders.
15:53:15
Q.
15:53:19
show you this.
15:53:27
41-002398.
15:53:30
A.
Correct.
15:53:30
Q.
Okay.
15:53:34
slip?
15:53:40
10
A.
It possibly could be Jessica's.
15:53:43
11
Q.
It is Jessica's, right?
15:53:58
12
please.
15:54:54
13
15:54:58
14
previously admitted into evidence.
15:55:00
15
with the name Jessica Huitron, right?
15:55:03
16
A.
Uh-huh.
15:55:04
17
Q.
Could I have the next page, please?
15:55:08
18
handwriting of these names next to these horses.
15:55:11
19
be the same handwriting, correct?
15:55:12
20
A.
Correct.
15:55:14
21
Q.
And with the IRS working in conjunction with the FBI, you
15:55:17
22
have access to handwriting experts who can compare and contrast
15:55:21
23
to determine if it's someone else, right?
15:55:23
24
A.
Yeah.
15:55:25
25
Q.
Now, let's go back to these deposit slips.
Well, the banks statements have deposit slips.
So let me
This is page 2398 of -- this is Bates stamp
That appears to be a deposit slip, correct?
And do you recognize the writing on that deposit
There it is.
Okay.
Let me see -- let me see 55B,
We got it.
Good.
You see I'm showing you 55B, which was
You see the handwriting there
And you see this
That appears to
Yes.
Again, that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 212 of 290
212
15:55:34
appears to be the similar handwriting of Jessica Huitron?
15:55:38
A.
Correct.
15:55:39
Q.
And you know from your investigation that she is -- I think
15:55:44
Mr. Esper called it the -- I forgot what it was.
15:55:48
runs the office, right?
15:55:49
A.
Right.
15:55:50
Q.
Okay.
15:55:54
going through.
15:56:00
check from Fernando Garcia, right?
15:56:02
10
A.
Correct.
15:56:03
11
Q.
Now, I'm not concerned so much about the check, but look at
15:56:06
12
the endorsement on the back.
15:56:08
13
A.
Correct.
15:56:09
14
Q.
Jessica Huitron's handwriting, right?
15:56:10
15
A.
Correct.
15:56:11
16
Q.
Consistent with the fact that she's the one who is making
15:56:15
17
out the deposits and preparing them; is that right?
15:56:17
18
A.
Right.
15:56:17
19
Q.
Okay.
15:56:31
20
slip that was shown on the bank statement, right?
15:56:35
21
A.
Correct.
15:56:36
22
Q.
And it's shown here.
15:56:38
23
A.
Uh-huh.
15:56:39
24
Q.
And then, here's the second deposit right here.
15:56:43
25
A.
Correct.
She basically
So she's filling out the deposit slip.
I'm going to the next page, 2399.
Let's keep
Now, 2400 is a
Do you see that there?
Let's keep jumping ahead.
Okay.
There's a deposit
Right?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 213 of 290
Okay.
213
15:56:43
Q.
Now, in this particular case, it's Victor Lopez who's
15:56:48
going and making the deposit, right?
15:56:50
A.
It depends on which deposit you're talking about.
15:56:54
Q.
Well, I'm still --
15:56:56
A.
You're still on 520?
15:56:58
Q.
I'm still on 520.
15:57:01
A.
Right.
15:57:01
Q.
So Victor Lopez goes down to Laredo and makes this deposit,
15:57:08
possibly my client doesn't know that he's making that deposit,
15:57:10
10
right?
15:57:13
11
A.
15:57:17
12
had to give it to him.
15:57:17
13
Q.
15:57:22
14
account information to make a deposit into my account.
15:57:25
15
A.
15:57:30
16
Victor Lopez?
15:57:31
17
Q.
That's not my --
15:57:32
18
A.
Okay.
I'm just --
15:57:32
19
Q.
Okay.
Victor Lopez reports it, so he does what he's
15:57:38
20
supposed to do, right?
15:57:39
21
A.
Correct.
15:57:41
22
Q.
There was a Cash Transaction Report notifying that this was
15:57:45
23
actually taking place?
15:57:46
24
A.
Correct.
15:57:46
25
Q.
Now, the next one I want to go to is the next one in the
That's Victor Lopez, right?
In order for him to get his bank account information, Jesus
Sure.
And there's nothing wrong with giving someone my bank
Right.
Right?
But his relationship with Victor Lopez, what is
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 214 of 290
Okay.
July 6, 2011.
214
15:57:56
indictment, July 6th.
Do you see that
15:58:19
there?
15:58:20
A.
Yes.
15:58:20
Q.
Deposit for $19,800?
15:58:24
A.
Correct.
15:58:25
Q.
Made by my client Jesus Huitron?
15:58:28
A.
Correct.
15:58:56
Q.
Okay.
15:58:59
looking at here?
15:59:01
10
A.
Not on the 6th.
15:59:05
11
Q.
We're on -- no.
15:59:07
12
is his July of 2011 bank statement?
15:59:12
13
A.
Correct.
15:59:12
14
Q.
In the account here in question.
15:59:15
15
A.
Right.
15:59:16
16
Q.
For the record, I'm actually going to go to Bates page
15:59:21
17
41-0002487.
15:59:54
18
They're right there, 7-6, the two deposits, right?
15:59:58
19
A.
Correct.
15:59:59
20
Q.
Okay.
16:00:12
21
that are being deposited in the account, we see this one here is
16:00:16
22
from an Albert Vera to Eusevio Huitron for?
16:00:25
23
says in the memo line here?
16:00:25
24
A.
Yeah, training and winning and travel.
16:00:29
25
Q.
Okay.
Here's his July bank statement, right, that we're
That's right.
Actually, go back.
We're not there.
But there
I'm looking at page 2484.
Now, just going through some of these other checks
Can you read what
This is page 2495.
Albert Vera, he's not part of this alleged
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 215 of 290
215
16:00:33
conspiracy, is he?
16:00:34
A.
No.
16:00:35
Q.
Okay.
16:00:44
the line?
16:00:48
A.
16:00:54
There's a dash on the right, I can't read that.
16:00:57
Executive Precision?
16:00:58
Q.
But it seems to be related to horse racing, right?
16:01:02
A.
Right.
16:01:03
10
Q.
Now, we see a check from an Alejandra Lopez, D/B/A, AL
16:01:14
11
Welding, right?
16:01:15
12
A.
Correct.
16:01:15
13
Q.
They're not doing anything wrong, are they?
16:01:17
14
A.
No.
16:01:18
15
Q.
Okay.
16:01:46
16
Do you remember whether the actual deposit slips were shown on
16:01:48
17
this bank statement for this account?
16:01:50
18
A.
To.
16:01:51
19
Q.
This one that we're talking about, the alleged act in the
16:01:54
20
indictment, these deposits that were made on July 7, 2011, do you
16:02:00
21
know if they were deposit slips similar to -- or cancelled checks
16:02:04
22
similar to this?
16:02:05
23
A.
When you're talking about are they available?
16:02:07
24
Q.
Right.
16:02:09
25
A.
Well, they should be within this exhibit here with the bank
And can you read what it says there in the middle of
The top part, expenses, All American races, executive.
Is that
Now, do you know -- actually, I remember this one.
In other words, yes.
That's what I'm asking.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 216 of 290
216
16:02:14
statements.
16:02:14
Q.
16:02:17
though.
16:02:18
A.
No.
16:02:22
Q.
You went through all these bank statements, right?
16:02:24
A.
Yeah.
16:02:27
these, but these transactions is based on the CTR that was filed
16:02:32
with the bank.
16:02:33
Q.
16:02:36
10
deposit slip here, but my client's bank statement shows the
16:02:39
11
deposits being made?
16:02:39
12
A.
Correct.
16:02:40
13
Q.
And this document right here shows that he filed the Cash
16:02:52
14
Transaction Report, right?
16:02:54
15
A.
Not that he did.
16:02:56
16
Q.
But he had to fill it out, right?
16:02:58
17
A.
The bank would fill it out.
16:03:00
18
Q.
And then, he -- he would present identification, right?
16:03:04
19
A.
Correct.
16:03:04
20
Q.
Okay.
16:03:10
21
A.
Right.
16:03:13
22
Q.
Let me go to the last transaction and we'll move on.
16:03:26
23
December 12, 2011.
16:03:35
24
A.
Correct.
16:03:36
25
Q.
At the top.
Right.
But they're not for this particular transaction,
Well, I can't tell you if they actually were then.
Majority of them.
What I'm saying is I went through
Well, let's just talk about that then.
So maybe there's no
The bank did.
So a Cash Transaction Report was filled out.
Right there.
December 12, 2011.
The indictment says that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 217 of 290
217
16:03:44
this transaction is part of this conspiracy, but a Cash
16:03:49
Transaction Report is being submitted, right?
16:03:51
A.
Right.
16:03:55
Q.
You said you did a financial analysis of my client's
16:03:59
business; is that right?
16:04:00
A.
The bank statement, I did the currency transactions only.
16:04:02
Q.
So you didn't do a full financial analysis of my client's
16:04:08
business; is that right?
16:04:08
A.
No.
16:04:11
10
Q.
So were you aware that they kept their books using
16:04:18
11
QuickBooks software and other software on their computers?
16:04:21
12
A.
No.
16:04:22
13
Q.
Okay.
16:05:01
14
16:05:05
15
start with 60D.
16:05:15
16
Jessica Huitron's handwriting, to the best of your knowledge?
16:05:20
17
A.
Yeah.
16:05:22
18
Q.
All right.
16:05:26
19
A.
Right.
16:05:34
20
Q.
Then, again, this is also her handwriting over here.
16:05:37
21
just come back to this one right here.
16:05:42
22
it found like hidden in some safe or buried under the house?
16:05:46
23
you know where exactly in the house it was found?
16:05:48
24
A.
No.
16:05:49
25
Q.
Okay.
Fair enough.
I can ask someone else about that.
I'm showing you Government's Exhibit 60.
I'm going to
This handwriting with all these numbers, that's
To the best of my knowledge, yes.
Over here, to the best of your knowledge, right?
Let's
When this document, was
It was in the office.
It was in an office, right?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Do
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 218 of 290
218
16:05:51
A.
Right.
16:05:51
Q.
So it wasn't concealed, or hidden, or anything else like
16:05:54
that?
16:05:54
A.
No.
16:05:54
Q.
All right.
16:05:59
get documents that show that they are keeping track of these
16:06:02
things, right?
16:06:03
A.
Right.
16:06:03
Q.
You can go into their computers and look to see whether
16:06:07
10
these transactions are being recorded, right?
16:06:12
11
A.
Their computers were there, yes.
16:06:13
12
Q.
Okay.
16:06:16
13
bank records that show that the deposits are being made.
16:06:19
14
A.
Right.
16:06:20
15
Q.
And if you -- you can contact the bank and see whether
16:06:24
16
there's a Cash Transaction Report that was filled out and
16:06:28
17
submitted at that time, right?
16:06:28
18
A.
Right.
16:06:29
19
Q.
Is that consistent with someone trying to hide something?
16:06:45
20
A.
Or not trying to hide, but if you look at your deposits that
16:06:47
21
you were showing me, there were 9,900, 9,900, they were
16:06:52
22
structuring.
16:06:52
23
Q.
16:06:56
24
to explain.
16:06:58
25
things I just spelled out for you?
So you could go into this business and you can
And you could go down to bank and you could get the
Is it consistent with someone trying -- I'm not asking you
Is it consistent with hiding or not, all those
Documents in the open,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 219 of 290
219
16:07:02
recordings on computer, bank statements, and Cash Transaction
16:07:06
Reports that were filled out.
16:07:09
were no Cash Transaction Reports filled out, right, Agent
16:07:12
Williams?
16:07:13
A.
16:07:17
the bank to fill them out.
16:07:18
Q.
16:07:22
hiding or intent to evade the reporting requirements?
16:07:27
A.
When you're structuring $9,900, that is.
16:07:33
10
Q.
But there's documentation --
16:07:35
11
A.
Or if you do it on the same day --
16:07:36
12
Q.
It's not my question.
16:07:41
13
right?
16:07:41
14
A.
That a CTR was found -- filed?
16:07:44
15
Q.
Yes.
16:07:45
16
A.
Yes.
16:07:45
17
Q.
I have no further questions, your Honor.
16:07:49
18
THE COURT:
16:07:51
19
MR. GARDNER:
16:07:53
20
16:07:53
21
BY MR. GARDNER:
16:07:56
22
Q.
16:08:00
23
or the individual?
16:08:00
24
A.
The bank does.
16:08:01
25
Q.
Who fills out the Cash Transaction Report, the bank or the
It would be another thing if there
Well, the bank -- they wouldn't fill them out.
It's up to
All of these things, though, to you, that's consistent with
But there's documentation to support,
Any further questions?
Just a few, your Honor.
RE-DIRECT EXAMINATION
Who files the CTR and the Cash Transaction Report?
The bank
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 220 of 290
220
16:08:05
individual?
16:08:05
A.
The bank does.
16:08:06
Q.
If I were to make a deposit of $8,000 in the morning, would
16:08:10
the bank necessarily fill out a Cash Transaction Report?
16:08:13
A.
No.
16:08:14
Q.
If I were to make another deposit the same day of $9,900,
16:08:18
would the bank necessarily fill out a transaction report?
16:08:21
A.
16:08:24
reached over 10,000, they would file that CTR.
16:08:27
10
Q.
16:08:30
11
out that form?
16:08:31
12
A.
Identification.
16:08:33
13
Q.
So is it possible that the customer doesn't -- or is not
16:08:40
14
aware of the bank filling out the CTR?
16:08:42
15
A.
That is correct.
16:08:42
16
Q.
How old is Jessica Huitron?
16:08:44
17
A.
Twenty-nine.
16:08:45
18
Q.
How old is Eusevio Huitron?
16:08:48
19
A.
I want to say he's 60, maybe.
16:08:53
20
Q.
And Jesus Huitron?
16:08:56
21
A.
In his 60s.
16:08:58
22
Q.
Showing you Exhibit 51A.
16:09:03
23
Huitron Homes, Huitron Painting business on Highway 183 in
16:09:09
24
Austin, Texas.
16:09:13
25
the line and, specifically, the date?
Not that day.
Yeah, they would file it.
Because once the transaction
What does the customer provide in terms of the bank filling
This is by stipulation taken from
And just for the record, could you read across
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 221 of 290
221
16:09:15
A.
Eusevio Huitron, June 26, 2008 and President as the title.
16:09:21
Q.
President of?
16:09:22
A.
Huitron Painting.
16:09:24
Q.
Showing you Government's Exhibit 51B, also by stipulation,
16:09:28
taken from the Huitron Homes, Huitron Painting business.
16:09:35
the date on this, sir?
16:09:36
A.
December 28, 2010.
16:09:39
Q.
And what's it state down here?
16:09:41
A.
Jesse Huitron, President.
16:09:44
10
Q.
Did you see any transfer or corporate documents that would
16:09:48
11
indicate that Eusevio Huitron transferred the presidency of
16:09:52
12
Huitron Painting to Jesse Huitron?
16:09:54
13
A.
No.
16:09:57
14
Q.
If you could, starting here, could you please read this?
16:10:02
15
A.
If you have any further questions, please feel free to
16:10:05
16
contact me at --
16:10:08
17
Q.
I'm sorry.
16:10:11
18
A.
Okay.
16:10:15
19
working currently whenever he is needed.
16:10:19
20
and is paid cash.
16:10:22
21
free to contact me at the number listed above.
16:10:25
22
Q.
Is Jesse Huitron the same thing as Jesus?
16:10:28
23
A.
No.
16:10:31
24
Q.
Now, this date, remind the jury, again, the amount of cash
16:10:35
25
flowing into the Huitron Homes or Huitron Painting account.
Let's go up above.
What's
Eusevio?
Since the economy has slowed down, Eusevio was
He earns $350 weekly
If you have any further questions, please feel
Oh, Jesus, yes.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 222 of 290
222
16:10:38
A.
During that time, first of all, it was approximately that
16:10:44
$505,000 going in during that period.
16:10:46
Q.
And that's in cash, correct?
16:10:47
A.
That's in cash.
16:10:48
Q.
Now, when Mr. Mayr showed you -- and let me combine two
16:10:54
things.
16:10:57
reputable individual, do you remember those questions by Mr.
16:11:00
Esper?
16:11:00
A.
Yes.
16:11:01
10
Q.
Okay.
16:11:04
11
to be from legitimate businesses?
16:11:08
12
A.
The ones from which?
16:11:11
13
Q.
The ones Mr. Mayr showed you on his computer, the various
16:11:14
14
checks to Huitron Painting -- or, I'm sorry, to Eusevio Huitron
16:11:19
15
for horse training?
16:11:20
16
A.
Oh, yes.
16:11:21
17
Q.
The personal checks?
16:11:22
18
A.
Yes.
16:11:23
19
Q.
Does that appear consistent with legitimate businesses?
16:11:26
20
A.
Yes.
16:11:26
21
Q.
The $500,000 in structured cash if you were legitimate?
16:11:30
22
A.
No.
16:11:31
23
16:11:33
24
16:11:35
25
When Mr. Mayr and Mr. Esper talked about being a
Those checks that Mr. Mayr showed you, do they appear
Yes.
MR. ESPER:
question.
I'm going to object, your Honor, to the
It's improper.
MR. GARDNER:
I believe it's proper cross-examination,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 223 of 290
223
16:11:37
your Honor.
16:11:38
16:11:40
16:11:41
MR. GARDNER:
16:11:42
THE COURT:
16:11:43
MR. GARDNER:
16:11:44
THE COURT:
16:11:46
MR. GARDNER:
16:11:48
THE COURT:
16:11:49
10
MS. WILLIAMS:
16:11:52
11
MR. WOMACK:
16:11:53
12
MR. SANCHEZ:
16:11:56
13
16:11:56
14
BY MR. ESPER:
16:11:57
15
Q.
16:12:00
16
done this, but if I quote a fee of $500,000 to represent somebody
16:12:03
17
in a case, the client can either pay me with a check, correct?
16:12:08
18
A.
Uh-huh.
16:12:09
19
Q.
Assuming they have it?
16:12:10
20
A.
Right.
16:12:11
21
Q.
They could pay me with a cashier's check, correct?
16:12:14
22
A.
Correct.
16:12:14
23
Q.
They could have the money wire-transferred into my account?
16:12:17
24
A.
Correct.
16:12:19
25
Q.
Or if they ask me, can I have your account, I'll have the
MR. ESPER:
No.
The form of the question, your Honor,
I object.
I could rephrase, your Honor.
Well, he's already answered.
Yes, sir.
Let's go on.
I don't have any further questions.
Any -No, your Honor.
No, your Honor.
No, your Honor.
RE-CROSS EXAMINATION
Mr. Williams, if I quote a fee to a client -- I've never
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 224 of 290
224
16:12:24
money deposited into your account.
That's one of the four ways I
16:12:26
could be paid, correct?
16:12:27
A.
Right.
16:12:28
Q.
Okay.
16:12:34
have an obligation to report that as income, correct?
16:12:37
A.
Correct.
16:12:37
Q.
Or otherwise, I would get in trouble?
16:12:38
A.
Right.
16:12:39
Q.
I would get in trouble if I then took that $500,000 and
16:12:43
10
started making deposits into my account over about a ten-day
16:12:47
11
period of $9,000, $9,000 at different branches?
16:12:50
12
A.
Right.
16:12:50
13
Q.
That clearly is structuring, correct?
16:12:53
14
A.
Right.
16:12:55
15
Q.
Now, if the client who's paying me does that without my
16:12:58
16
knowledge and the client is committing the structuring, correct?
16:13:04
17
A.
Right.
16:13:07
18
Q.
I understand.
16:13:08
19
A.
You have -- if you review your bank statements and you get
16:13:11
20
9,900 this day, 99, 99, and continue on, you have knowledge that
16:13:16
21
you're getting structured --
16:13:17
22
Q.
16:13:19
23
that's when I see this, that's when I should notify that person,
16:13:24
24
hey, you can't be doing this?
16:13:25
25
A.
Now, if they bring me the $500,000 cash, of course I
But if you keep getting a series of those.
If I get my bank statement at the end of the month and
But in this case, most of the time --
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 225 of 290
225
16:13:27
Q.
I'm asking you, sir, what I just told you, if I get at the
16:13:31
end of the month and I see these deposits, that's when I become
16:13:34
aware that you shouldn't be doing this?
16:13:37
A.
Right.
16:13:37
Q.
Okay.
16:13:42
16:13:43
16:13:43
BY MR. MAYR:
16:13:44
Q.
16:13:46
10
-- or posed a hypothetical to you that if I were to go in a bank
16:13:50
11
and make an $8,000 deposit tomorrow morning, there's nothing
16:13:54
12
illegal about that?
16:13:54
13
A.
Right.
16:13:55
14
Q.
Cash deposit, nothing illegal?
16:13:56
15
A.
Right.
16:13:57
16
Q.
I don't have to fill out any forms?
16:13:58
17
A.
Right.
16:13:59
18
Q.
Okay.
16:14:05
19
to go back later in the day to deposit another $7,000 for a total
16:14:09
20
of $15,000 and I walk into the bank and the cashier says, Mr.
16:14:16
21
Mayr, you need to fill this form out, I take off running, that's
16:14:20
22
pretty indicative of my intent to avoid reporting it, right?
16:14:24
23
MR. GARDNER:
16:14:27
24
The CTR's filled out by the bank.
16:14:31
25
testimony --
That's all I have.
MR. MAYR:
Briefly, your Honor.
RE-CROSS EXAMINATION
Agent Williams, Mr. Gardner asked you some questions about
But if I deposit that $8,000, knowing that I'm going
Excuse me, your Honor, that's misleading.
I believe there's plenty of
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 226 of 290
A.
226
16:14:31
Correct.
16:14:32
16:14:40
ahead and act it out, or whatever you want to do.
16:14:44
record reflect that the counsel ran halfway across the courtroom
16:14:50
clumsily.
16:14:52
MR. MAYR:
16:14:53
THE COURT:
16:14:54
Q.
16:15:00
ID and verify who you are.
16:15:04
10
be indicative of my intent to not want to report it, right?
16:15:09
11
A.
If you take off.
16:15:10
12
Q.
Yeah.
16:15:16
13
and the identification and everything is being presented and
16:15:20
14
filled out, right?
16:15:21
15
A.
Want me to explain something to you?
16:15:23
16
Q.
That's not my --
16:15:25
17
A.
Okay.
Yes.
16:15:25
18
Q.
Okay.
It is "Yes"?
16:15:26
19
A.
Uh-huh.
16:15:27
20
Q.
No further questions.
16:15:29
21
16:15:29
22
BY MR. GARDNER:
16:15:31
23
Q.
16:15:32
24
Williams.
16:15:34
25
THE COURT:
The jury's heard that frequently.
Just go
But let the
Thank you, your Honor.
You're welcome.
(BY MR. MAYR) They fill it out and say, we need to see some
I book it out of there.
That would
But each time these deposits are made, all the forms
RE-DIRECT EXAMINATION
I'm sorry.
Go ahead and explain that, Special Agent
MR. MAYR:
Objection.
Form of the question calls for a
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 227 of 290
227
16:15:36
narrative.
16:15:36
Q.
16:15:40
behind your answer to Mr. Mayr's last question?
16:15:45
A.
16:15:49
deposits, the bank doesn't necessarily have to ask you if that's
16:15:54
your account.
16:15:57
and file it from the information they have.
16:16:00
Q.
16:16:03
16:16:05
10
MS. WILLIAMS:
16:16:06
11
MR. MAYR:
16:16:08
12
THE COURT:
You may be excused.
16:16:11
13
All right.
You may call your next witness.
16:16:14
14
MS. FERNALD:
16:16:55
15
(Witness sworn.)
16:17:09
16
THE COURT:
16:17:18
17
16:17:18
18
16:17:22
19
16:17:25
20
16:17:26
21
16:17:26
22
16:17:26
23
BY MS. FERNALD:
16:17:27
24
Q.
16:17:29
25
where you live, what city you live in, and what you do for a
(BY MR. GARDNER) Would you please explain your reasoning
Like when he was saying, if you go in and make those
They would already have that information on file
That's all I have, your Honor.
THE COURT:
May this witness be excused?
Yes, your Honor.
Sure, your Honor.
No problem.
Charles Cox.
If you'll tell us your full name and spell
your last, please.
THE WITNESS:
Yes, sir.
My name is Charles Hampton
Cox, III, and that's C-O-X.
THE COURT:
You may proceed.
CHARLES H. COX, called by the Government, duly sworn.
DIRECT EXAMINATION
And could you introduce yourself to the jury?
Tell them
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 228 of 290
228
16:17:32
living.
16:17:32
A.
16:17:37
am stationed in the San Antonio field office.
16:17:41
Antonio for approximately in the past five years.
16:17:45
Q.
16:17:49
duties are, what your responsibilities are?
16:17:51
A.
16:17:56
day-to-day job.
16:18:01
that are involved in investigations for our office in San
16:18:06
10
Antonio.
16:18:06
11
Q.
A variety of different criminal activities, correct?
16:18:09
12
A.
Yes, ma'am.
16:18:09
13
Q.
Agent Cox, can you tell the ladies and gentlemen of the jury
16:18:13
14
a little bit about your educational background, your training and
16:18:17
15
your experience as it comes to the forensic study of computers?
16:18:23
16
A.
16:18:27
17
Vanderbilt University.
16:18:29
18
started working on some computers for several years.
16:18:33
19
I got into computer support and network administration before I
16:18:36
20
joined with the FBI in 1998.
16:18:42
21
cybercrime investigations, in addition to counterterrorism and,
16:18:45
22
also, counterintelligence.
16:18:48
23
16:18:52
24
team, which is the FBI's forensic computer expert.
16:18:58
25
certified as a computer expert by the FBI in 2002, and I have
Yes, ma'am.
I am Special Agent Charles Cox of the FBI.
I've been in San
And at the FBI office, can you tell them basically what your
Yes.
I am a computer forensic expert.
Yes, ma'am.
That is my duty, my
I provide forensic examinations of computers
I have a Bachelor's of Economics from
After that, I was in the military where I
After that,
At that time, I started working
In 2001, I started with the computer analysis response
I was
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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16:19:04
served in that capacity since then.
I received over 500 hours of
16:19:08
forensic training, specializing in computers, cellphones, GPS
16:19:12
devices, recovering data from these devices, and providing them
16:19:17
to the case agents for these investigations.
16:19:21
16:19:23
commercial entities.
16:19:28
certification and proficiency testing to make sure we maintain
16:19:33
our standards yearly.
16:19:33
Q.
16:19:37
10
conducted of computers?
16:19:40
11
A.
16:19:45
12
but definitely over 800 computers.
Several hundred cellphones,
16:19:50
13
removal media, CDs, floppy discs.
I don't see too many of those
16:19:56
14
anymore, but all of the different types of media that are
16:19:58
15
associated with computers and digital electronics devices.
16:20:01
16
Q.
16:20:02
17
16:20:06
18
16:20:10
19
THE WITNESS:
16:20:11
20
THE COURT:
16:20:14
21
16:20:16
22
16:20:18
23
Q.
16:20:21
24
federal court on forensic in computers?
16:20:23
25
A.
My training has been from the FBI and also through
And we do yearly required trainings,
Over the past 11 years, how many examinations have you
I have probably conducted exams of over almost a thousand
And have you ever -THE COURT:
Mr. Cox, you're kind of like a computer
from the standpoint that you talk very fast.
Yes, sir.
And you're wearing out my interpreter.
If
you'll be a little slower, please.
THE WITNESS:
Certainly.
Yes, your Honor.
(BY MS. FERNALD) Have you ever been called as an expert in
Yes, ma'am.
I have testified in federal courts six times
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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before as a defendant -- or as a computer forensic expert.
16:20:32
Q.
16:20:36
what happens in a typical case when there's computer located?
16:20:41
Kind of walk us through the process of search warrant and what
16:20:43
you typically do.
16:20:44
A.
16:20:46
16:20:51
we'll assist, if necessary, on a search warrant, we will go out,
16:20:56
participate in a search warrant, help identify digital media that
16:21:00
10
we can collect as part of an investigation.
16:21:05
11
onsite and is required, we'll create a forensic image of the
16:21:10
12
computers there onsite; otherwise, we will seize them and take
16:21:13
13
them back and process them as other evidence.
16:21:17
14
16:21:20
15
a forensic image of the computers and other media that we have
16:21:26
16
seized so that we never work on the original image.
16:21:30
17
want to take a chance of actually working on the original.
16:21:32
18
always work on a forensic image.
16:21:36
19
creating these images.
16:21:42
20
with that data that is on the device so that later, at the end of
16:21:47
21
our examination, we can also go back and create that same digital
16:21:50
22
signature as long as it verifies we know we have not touched or
16:21:54
23
changed the data in any way and that the integrity is still the
16:21:57
24
same.
16:21:59
25
Can you tell the ladies and gentlemen of the jury exactly
Okay.
Yes, ma'am.
When an investigator requests our support, generally
We will create if
As part of our then-forensic process, we always create
We don't
We
We take images when we're
We create a digital signature associated
As part of our investigations, the main role for what
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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we do as a forensic examiner is we process the data that is
16:22:06
collected on these digital devices and provide it in a more human
16:22:12
readable format to the investigator so that when they're looking
16:22:15
at the evidence or at a computer's hard drive, they will see the
16:22:20
documents, the spreadsheets, the e-mails, the graphics.
16:22:25
basically it is taking that digital data and providing it to them
16:22:29
in a more easily recognizable format.
16:22:32
Q.
And also to the assistant United States attorney?
16:22:35
A.
Yes, ma'am.
16:22:35
10
Q.
We keep talking about a digital image or an image of.
16:22:40
11
that an exact copy?
16:22:44
12
bit to the jury?
16:22:46
13
A.
16:22:47
14
16:22:50
15
actually reading every single bit of data on a hard drive, or CD,
16:22:53
16
or other kind of media, and what it does, it's reading every one
16:23:00
17
and zero off that data and collecting the -- because a lot of
16:23:03
18
times, there are files that have been deleted or are recoverable
16:23:06
19
later.
16:23:09
20
making what we term a forensic image.
16:23:11
21
16:23:15
22
that is on the hard drive.
16:23:19
23
-- onto our media as we collect that digital signature I was
16:23:22
24
talking about.
16:23:22
25
Q.
And so,
Is
Or can you explain the bit-by-bit a little
Yes, ma'am.
What we're doing when we take a forensic image, we're
So we're not just making a copy, but we're actually
So it is an exact bit-for-bit, every one, every zero
We are collecting that onto another
In the case of a search warrant, you have the option, I
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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think you said, first of actually seizing the media or the
16:23:30
computer, or you can actually go ahead and make that image there.
16:23:35
Can you explain a little bit about that?
16:23:36
A.
16:23:37
Depending on the scenario, if we go to a search site
16:23:41
where computers are too large to where we could not take them,
16:23:45
say, a large business, or something like that, or where
16:23:50
especially if the judge or magistrate has ordered that we cannot
16:23:53
shut a company down, we will make an image so that we have to --
16:23:56
10
16:23:59
11
If it is -- because of the time required to copy and
16:24:03
12
make these images, we're talking nowadays, the hard drives and
16:24:07
13
the media are quite large.
16:24:11
14
actually image a one-terabit hard drive or what we're starting to
16:24:16
15
see in a common computer.
16:24:19
16
evidence onsite, take it back and enter it into our evidence
16:24:24
17
system as to which time I will go down and retrieve it from our
16:24:27
18
secure evidence storage, take it up to my laboratory in San
16:24:30
19
Antonio, and create that image there on that site.
16:24:33
20
16:24:37
21
but generally we will -- if we can, we will seize the evidence so
16:24:40
22
that we can then make the image as -- because of the time
16:24:45
23
required is so long.
16:24:47
24
Q.
16:24:51
25
jury a little bit about many of the devices like telephones?
Yes, ma'am.
because we have to leave the computer there.
We take an image.
They can take seven or eight hours to
So what we do is we will seize the
The image is the same whether we get it onsite or off
We've been talking a lot about computers.
Can you tell the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Do
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you also -- do you also deal with that?
16:25:00
A.
16:25:06
certified as a forensic examiner by the FBI for that.
16:25:09
Q.
Can you tell me what Cellebrite is and how it functions?
16:25:14
A.
Cellebrite is a commercial product created by a company
16:25:18
called Cellebrite that originally when it came out, it was for
16:25:22
the cellphone stores.
16:25:27
store and wanted to upgrade, they would have a device that would
16:25:29
copy all of the data from your old cellphone and put it onto your
16:25:32
10
new one.
16:25:34
11
tool, also, that is necessary for law enforcement and other
16:25:39
12
investigative reasons.
16:25:39
13
16:25:44
14
time and effort developing basically how the data is laid out on
16:25:49
15
a cellphone.
16:25:53
16
different.
16:25:56
17
it easy for an investigator or for, like I said, Verizon sales
16:26:01
18
associate to just hook up a cellphone and pull all the data off
16:26:04
19
of that.
16:26:05
20
16:26:07
21
up a cellphone, and it extracts the data and puts its onto a
16:26:12
22
thumb drive or directly onto a computer, and so, it's retrieving
16:26:16
23
information off of the cellphone, the call logs, the contact
16:26:20
24
list, text messages, and basically exports it out into a usable
16:26:25
25
format so that we can get the stuff off of the phone quickly and
Yes, ma'am.
I do also process cellphones and GPS and
If you took your cellphone into a Verizon
They decided that this is a very important forensic
What the Cellebrite does is they have spent a lot of
Every cellphone manufacturer makes their programs
What Cellebrite does is they study that and they make
What we do at the Cellebrite generally is we will hook
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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16:26:29
easily to retain it.
16:26:31
Q.
16:26:34
in the field?
16:26:34
A.
Yes, ma'am, it is.
16:26:35
Q.
And then, how do they take that information and relay it to
16:26:38
you?
16:26:38
A.
16:26:42
using it as an investigative tool by the investigator.
16:26:47
nothing special, the investigators, we train them on how to use
16:26:51
10
the Cellebrite.
16:26:54
11
menu-driven to where they can select it.
16:26:57
12
either to a thumb drive or to a computer, at which time either
16:27:01
13
one, we'll take the data and burn it into a CD or DVD so it can
16:27:06
14
be then entered into the investigative case file or evidence.
16:27:09
15
And then, if there is further analysis, they can actually bring
16:27:13
16
the phone to myself where I have a Cellebrite also.
16:27:16
17
for data analysis.
16:27:20
18
also, to help try and find deleted files off of the cellphones
16:27:25
19
through the same tool.
16:27:26
20
Q.
16:27:31
21
to computers since I'm jumping around a little bit.
16:27:34
22
16:27:38
23
exactly what you do at this point, your role versus the role of
16:27:40
24
the investigator on the particular case?
16:27:43
25
A.
And this is a common tool that's used with the investigators
There's a couple of methods.
The Cellebrite, we're actually
They do actually hook it up.
If it is
It's all very
It will output the data
I use that
There's some advance tools that we can run,
Once you make either one of these tools -- or let's go back
Once you make these images, could you tell the jury
Yes, ma'am.
My role as a forensic examiner, generally I do
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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not have a knowledge -- an in-depth knowledge of the
16:27:52
investigation as it is ongoing.
16:27:57
information that is recovered from a computer because my tools,
16:28:00
like I said, they're recovering and categorizing documents,
16:28:03
pictures, spreadsheets, videos, audio.
16:28:10
a manner to where we can allow the case agent who is
16:28:14
knowledgeable of the investigation to then go through and decide
16:28:18
what is relevant that is on the computer.
16:28:21
16:28:26
10
It also recovers deleted files.
16:28:31
11
carve where it just examines the whole hard drive for files that
16:28:34
12
the computer has long ago deleted and doesn't even consider to be
16:28:38
13
active anymore.
16:28:41
14
case agent so then, the case agent can then determine what is
16:28:44
15
relevant that is on the computer.
16:28:47
16
Q.
16:28:56
17
searches on seven different computers that were seized in seven
16:28:59
18
different locations throughout the United States in reference to
16:29:02
19
Special Agent Scott Lawson's request?
16:29:04
20
A.
Yes, ma'am.
16:29:04
21
Q.
Those seven different locations were in Oklahoma, Austin and
16:29:13
22
California, among some of them, correct?
16:29:16
23
A.
Yes, ma'am.
16:29:17
24
Q.
Tell the ladies and gentlemen of the jury, did you actually
16:29:18
25
have the image made there at the site, or did you retrieve or
What my job is is to provide the
They are providing it in
My role is to process the -- or process the hard drive.
It does what we call a data
But the role I have is to provide that to the
In June of 2012, did you actually conduct the forensic
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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have the agents to retrieve the computers?
16:29:26
A.
16:29:29
on these cases, I actually made the images myself.
16:29:33
had the computers, physically removed the hard drives and created
16:29:37
the images for the ones that we have been discussing.
16:29:41
one in California at Carlos Nayen's residence.
16:29:44
Q.
16:29:47
location?
16:29:47
A.
I believe that one was --
16:29:53
10
Q.
That was actually in New Mexico, wasn't it?
16:29:55
11
was confused on that.
16:29:58
12
A.
16:30:01
13
that in my laboratory in San Antonio.
16:30:03
14
Q.
Make sure you're on your toes.
16:30:04
15
A.
Yes, ma'am.
16:30:05
16
Q.
So once you got the computers back to the laboratory and
16:30:09
17
made the image, what did you do at that point?
16:30:12
18
A.
16:30:15
19
evidence.
16:30:20
20
evidence for our processing.
16:30:26
21
had made, that is when I connect them to my forensic
16:30:29
22
workstations, run the software.
16:30:33
23
data that it finds, including the deleted files, which now we
16:30:39
24
call un-deleted, and then, also, the carved files, which are
16:30:42
25
those files that are just out in the free space, which are then
For the images that I've been working with, the case agent
I actually
There was
Was that actually an image that was made of that particular
I'm sorry.
Was that correct?
Actually, I believe I did the image on that one.
Okay.
I created
The original computers we'll put back into our
Like I said before, we don't want to use the original
So it was the forensic image that I
It categorizes all the different
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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available to the case agent for his review.
16:30:48
Q.
16:30:52
with him on this particular case?
16:30:53
A.
Yes, ma'am.
16:30:54
Q.
Spent quite a few hours with him?
16:30:56
A.
Quite a few hours familiarizing him with the actual
16:31:01
software, how to use it, working with him as he has questions as
16:31:04
he was going through and actually conducting the review of the
16:31:07
evidence in this matter.
16:31:08
10
Q.
16:31:11
11
over some of this evidence; is that correct?
16:31:13
12
A.
Yes, ma'am.
16:31:15
13
Q.
I'd like to show you what has been marked as Government's
16:31:29
14
Exhibit 364OK, Exhibit A.
16:31:37
15
you recognize that?
16:31:38
16
A.
16:31:42
17
Agent Lawson had completed his review and marked the files that
16:31:46
18
he was interested in.
16:31:50
19
created a DVD that has those files for him.
16:31:54
20
and it contains my initials from when I did create it.
16:31:58
21
Q.
16:32:02
22
correct?
16:32:02
23
A.
Yes, ma'am.
16:32:03
24
Q.
Government's Exhibit 364N, as in Nancy, M as in Mary, A?
16:32:25
25
A.
Yes, ma'am.
And Special Agent Scott Lawson, have you worked extensively
I have.
And in fact, last night, the three of us met and we went
Yes, I do.
That is correct.
Try not to get these out of order.
Do
This is a DVD that I produced after Special
I copied them out and exported them and
I created this DVD
And that was a computer that was located in Lexington,
Once again, another DVD, containing the files
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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selected by Case Agent Lawson that I exported and copied onto a
16:32:33
DVD, the CD, the DVD I created with my initials on them.
16:32:39
Q.
16:32:43
there are some images that are attached to each one of these.
16:32:46
Are these the relevant images that come from each of these CDs
16:32:50
that will be presented by Special Agent Scott Lawson?
16:32:52
A.
Yes, ma'am.
16:32:53
Q.
All right.
16:33:00
you reviewed yesterday when we went over the evidence, correct?
16:33:02
10
A.
Yes, ma'am.
16:33:06
11
Q.
All right.
16:33:12
12
look at the disc on A of this exhibit and identify it for us?
16:33:18
13
A.
16:33:23
14
file selected by the case agent, copied onto a DVD containing my
16:33:27
15
initials as I created it.
16:33:29
16
Q.
16:33:32
17
that were attached were actually contained on this CD?
16:33:35
18
A.
Yes, ma'am.
16:33:40
19
Q.
Government's Exhibit 364CA.
16:33:48
20
A.
Yes, ma'am.
16:33:53
21
containing my initials and CD -- or DVD I created.
16:33:59
22
Q.
16:34:02
23
number actually where they were located.
16:34:05
24
OK obviously meaning Oklahoma.
16:34:12
25
meaning Austin, Texas; is that correct?
And the jury can see that attached to each of these CDs,
Yes, ma'am.
And I should say, for the record, this is what
364ATX, Austin, Texas.
Will you look in and
Once again, DVD that I created containing the
And, again, did you go through and make sure that the images
I have reviewed them with case Agent Lawson.
Do you recognize that disc?
Once again, DVD containing those case files,
And each one of these are identified through the exhibit
CA meaning California.
NM meaning New Mexico.
ATX
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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16:34:14
A.
Yes, ma'am.
That is correct.
16:34:16
Q.
As you went through the images that are contained with these
16:34:23
CDs, did you determine the path that these images were actually
16:34:36
located?
16:34:36
A.
16:34:40
that the case agent selected, it exports a report that shows the
16:34:45
path or the location on each computer hard drive where these
16:34:49
files are located.
16:34:55
for each of these submitted evidence items, the path that where
16:34:59
10
they came from, what item or computer.
16:35:04
11
Q.
16:35:08
12
their paths, did we go ahead and put them in certain categories
16:35:10
13
so that we could do this a little bit quicker for the jury?
16:35:13
14
A.
Yes, ma'am.
16:35:14
15
Q.
The first category that we put in was user files.
16:35:20
16
tell the ladies and gentlemen of the jury what it means to have
16:35:23
17
an image in a user file?
16:35:25
18
A.
16:35:29
19
specifically in this case the files that were relevant.
16:35:32
20
first one was -- is the user folder.
16:35:36
21
account on your computer, it puts all of your user data by
16:35:42
22
default into certain folders.
16:35:46
23
start Word -- Microsoft Word and save a document, it's going to
16:35:50
24
put it in My Documents folder.
16:35:54
25
under a user folder that is given a name when you first establish
As part of the forensic report that I create for the files
And then, I went over with case Agent Lawson
And instead of going through 15 to 100 different images and
We did.
Can you
Well, I was trying to categorize where we're going to find
And the
When you create a user
If you save a document, if you
Well, that folder is located
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U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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your computer.
It can be anything from a name -- your name is
16:36:05
John and you create your user ID as John.
16:36:09
the computer, you will see a user folder where they put all the
16:36:12
different users, and each user identified in the computer will be
16:36:15
-- if there's a John and a Elizabeth, you'll see a folder for
16:36:18
each one, and that's where their files are kept by default.
16:36:22
16:36:26
put there by an action, by creating a document, saving a
16:36:31
document, or something like that.
16:36:36
10
trying to keep everyone's documents separated and segregated into
16:36:39
11
their users areas.
16:36:40
12
Q.
So it's an affirmative step?
16:36:42
13
A.
Yes, ma'am.
16:36:42
14
Q.
All right.
16:36:46
15
cache?
16:36:47
16
A.
16:36:52
17
basically it is a store.
16:36:56
18
save time and everything is about time.
16:37:00
19
actually saving something so if it needs to reuse it, it can
16:37:04
20
quickly pull it.
16:37:10
21
In this case, we're talking about internet cache is where you go
16:37:13
22
to a website and you've downloaded the website to your computer.
16:37:16
23
The computer actually saves that.
16:37:19
24
website, it will see if the website has changed or not.
16:37:24
25
hasn't, it can just load the cache directly off of your hard
You will see that on
So files that are generally stored in a user folder are
And so, the computer is merely
The other category was a thumb cache.
What is a
A cache is commonly now used as a computing term for
It is where a computer is trying to
Where a computer is
Most commonly talked about, an internet cache.
So if you go back to that
If it
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 241 of 290
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16:37:28
drive and represent the website to you immediately again.
If it
16:37:32
has changed, it will go ahead and download again.
16:37:33
16:37:37
have visited a website, it will save that website or files from
16:37:40
that website on your computer in the cache directory.
16:37:45
Q.
16:37:50
image of Target, or a newspaper, or something like that, it will
16:37:54
just pull it right back up.
16:37:56
A.
16:38:00
10
will just pull it right up.
16:38:02
11
Q.
16:38:06
12
you're saying?
16:38:06
13
A.
Yes, ma'am.
16:38:07
14
Q.
What is a Firefox cache then?
16:38:09
15
A.
Firefox cache is basically the same thing.
16:38:12
16
by the Firefox browser.
16:38:16
17
caches the information for use again.
16:38:18
18
Q.
16:38:22
19
about that.
16:38:23
20
A.
16:38:27
21
time on Windows computers you open up a folder on your computer
16:38:31
22
and you're looking at images, one of the options you have to see
16:38:34
23
those files is either large, small icons, extra large icons.
16:38:40
24
When you open up a folder and look at pictures within a folder,
16:38:43
25
what it's doing is it's creating what it calls a thumbnail.
But basically what it is, it is a store so where if you
So if I go to a particular internet website and I have that
Is that what you're saying?
If it sees that it's the same as it was before, right.
And that will be an Internet Explorer cache.
It
Is that what
It's just used
It does exactly the same thing:
I think my previous question was the thumbs cache.
It
Tell me
Is that a little different?
Thumbs cache is a little different.
The thumbs cache, every
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
It
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 242 of 290
242
16:38:47
is creating that icon image that it shows on the folder.
Well,
16:38:50
the computer stores that because it doesn't want to have to
16:38:52
recreate these icons every time.
16:38:55
16:38:58
file that contains multiple sizes.
16:39:02
large icon size pictures that it stores on the computer.
16:39:06
what it does is if you go back to that folder and open the folder
16:39:09
with those pictures in it again and want to see the pictures
16:39:13
represented as icons, it doesn't have to rescan or recreate the
16:39:16
10
thumbnail image.
16:39:20
11
again, it's trying to shortcut and make the computer work faster
16:39:22
12
that way.
16:39:22
13
Q.
16:39:26
14
carved file.
16:39:28
15
A.
Yes, ma'am.
16:39:28
16
Q.
What is that?
16:39:29
17
A.
A carved file, this is where a file has been deleted or is
16:39:33
18
no longer used by the operating system, and it's basically in the
16:39:36
19
free space of the computer that isn't being used anymore.
16:39:40
20
file that's been -- either the system created it and no longer
16:39:43
21
needs it or it's a file you deleted and entered in the recycle
16:39:47
22
bin and it's been quite a while, and the computer has basically
16:39:50
23
allocated that space saying -- or unallocated it saying it's
16:39:53
24
available for any kind of use.
16:39:55
25
So what it does, it creates a thumbs cache, which is a
It has the small, medium and
It just pulls it from the thumbs cache.
And so,
Once
Something a little bit different than all these is called a
Is that correct?
It's a
What the software we use when processing this evidence,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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16:39:59
it scans all of these free areas and finds remnants of files and
16:40:04
it names them carved files because literally, it just carves it
16:40:08
out of all of the bits and bytes that are out there in the free
16:40:11
space.
16:40:12
Q.
16:40:17
with Special Agent Lawson, right?
16:40:19
A.
Yes, ma'am.
16:40:20
Q.
One final question.
16:40:24
Explorer cache, does that mean that at least at some point, a
16:40:28
10
user has been entering into a website to view that image?
16:40:34
11
A.
16:40:38
12
loaded that web page is what that means.
16:40:42
13
screen, that web page was displayed.
16:40:49
14
Q.
16:40:54
15
16:40:54
16
BY MR. FINN:
16:40:56
17
Q.
16:40:58
18
16:41:01
19
think we've ever met, have we?
16:41:02
20
A.
No, sir.
16:41:03
21
Q.
I've got a lot of respect for what you do.
16:41:05
22
the FBI under J. Edgar Hoover about 50 years ago.
16:41:10
23
A.
Thank you, sir.
16:41:11
24
Q.
I just have a couple of questions.
16:41:14
25
here.
And, again, you went over all of these different path files
If you have -- you're on the Internet
If a file is on an internet cache, it means the computer has
So at some point on the
Pass the witness, your Honor.
CROSS-EXAMINATION
May it please the Court, members of the jury.
Special Agent Cox, my name is David Finn.
I don't
We haven't.
My dad was in
I represent Jose over
Thank you, Jose, Trevino.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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16:41:18
And did you look at some of the other computers or all
16:41:22
of the computers that were seized from the ranch up in Oklahoma?
16:41:26
A.
Yes, sir, I did.
16:41:27
Q.
And there were quite a few of them, weren't there?
16:41:29
A.
Yes, sir.
16:41:30
Q.
Like, I don't know, six, seven maybe?
16:41:32
A.
There were eight.
16:41:33
Q.
Eight.
16:41:38
from the Balch Springs house, the residence?
16:41:43
10
by Dallas.
16:41:45
11
A.
16:41:49
12
again, when I processed them, I don't necessarily get into the
16:41:53
13
guts of what is on there.
16:41:54
14
Q.
16:41:58
15
telephones that were seized from the ranch and from the
16:42:01
16
residence?
16:42:01
17
A.
16:42:04
18
were, if they were from a ranch or not.
16:42:06
19
Q.
16:42:11
20
approximately, ballpark?
16:42:15
21
A.
16:42:19
22
CART personnel in Oklahoma.
16:42:22
23
Q.
16:42:27
24
there was construction going on, there's a wife, there's kids,
16:42:30
25
there were quite a few people in that area.
There were.
Okay.
And what about the computers that were seized
Balch Springs is up
Do you remember looking at those?
That one, not specifically.
Fair enough.
I don't remember because, once
And did you also look at the various
I did look at a selection.
I don't know where exactly they
Do you remember about how many phones you looked at,
Maybe ten.
Right.
I don't know for sure because -- we did have
I believe at the ranch.
And you understand there are a lot of workers there,
Did you understand
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 245 of 290
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16:42:32
that?
16:42:32
A.
I guess.
16:42:35
Q.
You weren't there for it?
16:42:35
A.
No, sir.
16:42:36
Q.
So you looked and analyzed -- and if you did.
16:42:41
to put words in your mouth -- every single computer that was
16:42:46
seized to your knowledge and every single phone that was seized
16:42:50
to your knowledge; is that correct?
16:42:52
A.
16:42:57
10
are the ones I did.
16:42:58
11
Q.
16:43:01
12
seated over here?
16:43:02
13
A.
Yes, sir.
16:43:02
14
Q.
And he's been around for a while.
16:43:06
15
right?
16:43:09
16
A.
Okay.
Yes, sir.
16:43:12
17
Q.
Okay.
So if he thought something was worthy of being
16:43:16
18
analyzed and it's safe to say, he grabs something worthy of being
16:43:21
19
analyzed in his opinion and he gave it to you, correct?
16:43:24
20
A.
I would assume so.
16:43:26
21
Q.
Okay.
16:43:29
22
You know him, he's good?
16:43:30
23
A.
16:43:33
24
know what they asked me to process.
16:43:34
25
Q.
I wasn't involved in that search area.
I was not.
I don't want
Well, every computer that the case agent asked me to analyze
Okay.
Well, was the agent Agent Lawson, the gentleman
No offense.
He's no spring chicken,
He's experienced, right?
Yes, sir.
Well, I mean, you know, you don't want to assume so.
I don't know what was collected in the whole case.
Let me ask it this way.
I only
You don't have any reason to
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 246 of 290
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16:43:36
believe that Special Agent Lawson withheld anything that might
16:43:40
have been relevant to your analysis, do you?
16:43:42
A.
No, sir.
16:43:43
Q.
Okay.
16:43:45
16:43:52
computer that came from?
16:43:55
idea what's on that disc.
16:43:56
A.
Right.
16:44:00
Q.
You do?
16:44:01
10
A.
Yes, sir.
16:44:05
11
which areas they came from.
16:44:06
12
Q.
16:44:09
13
computer or computers that are alleged to belong to my client
16:44:13
14
Jose Trevino, okay?
16:44:14
15
A.
Yes, sir.
16:44:14
16
Q.
So I know it's late in the day, but I've got a piece of
16:44:19
17
paper and I've got a pen.
16:44:23
18
It may have been available.
16:44:27
19
news to me.
16:44:28
20
16:44:30
21
16:44:31
22
THE COURT:
16:44:33
23
MS. FERNALD:
16:44:39
24
THE COURT:
16:44:41
25
I do not.
Good.
The evidence that just got admitted, do you know which
Okay.
Because I haven't seen it.
I have no
Each one, I do know which ones they came from.
On the CD, it actually shows which computers of
Well, the only one that I'm concerned with is the
MS. FERNALD:
I have not seen this to my knowledge.
I don't know.
But this is kind of
For the record, this has been available
for the defense for a very long time.
Q.
It has.
It's been available.
December, I think, of 2012.
You may proceed.
(BY MR. FINN) Okay.
Let's go over whatever you found that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 247 of 290
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16:44:46
you think is relevant, okay?
16:44:51
deemed by someone over at this table to be relevant or important.
16:44:54
A.
Yes, sir.
16:44:55
Q.
So give me and the jurors a little preview what we can
16:44:58
expect to see on that disc as it pertains to Lexington, Oklahoma
16:45:02
for Jose Trevino.
16:45:03
A.
16:45:08
know from the sample that we were reviewing, many pictures, PDFs
16:45:14
or documents, scanned documents.
16:45:20
10
ones, but that would be mainly photographs and documents, I guess
16:45:24
11
I scanned images.
16:45:25
12
Q.
Photographs of horses, horse documents, things like that?
16:45:29
13
A.
I didn't see any horse pictures.
16:45:31
14
Q.
Okay.
16:45:34
15
A.
Once again, within the relevance or what are the key factors
16:45:38
16
of the case.
16:45:41
17
Q.
16:45:44
18
instead of directing them to you, I should direct them to Special
16:45:47
19
Agent Lawson; is that fair?
16:45:48
20
A.
Yes, sir.
16:45:49
21
Q.
All right.
16:45:53
22
MR. SANCHEZ:
16:45:54
23
THE COURT:
16:45:55
24
MR. WOMACK:
16:45:56
25
Okay.
Okay.
Because whatever is on that disc is
Like I said, I didn't select them, but I would -- I
I don't know in detail which
Yes, sir.
Any smoking guns?
So I don't know what to say to about that.
So if I wanted to ask those specific questions
Thank you.
That's all I have, your Honor.
No questions, your Honor.
Mr. Womack.
Very briefly.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 248 of 290
248
16:45:56
CROSS-EXAMINATION
16:45:56
BY MR. WOMACK:
16:46:01
Q.
Special Agent Cox, I'm Guy Womack from Houston.
16:46:03
A.
Yes, sir.
16:46:03
Q.
We have -- I guess these computer things somewhere.
16:46:39
I'm going to hand you Government's Exhibit 364NM.
16:46:43
A.
Yes.
16:46:43
Q.
Appear to be a series of tabs in there.
16:46:49
analysis of that media.
16:46:54
10
A.
Yes, sir.
16:46:55
11
Q.
How many computers were seized from New Mexico?
16:47:05
12
A.
I can't say right offhand.
16:47:08
13
Q.
If you look at that, would it be obvious to you or not?
16:47:11
14
A.
Well, the way we did -- it just says this is from New
16:47:16
15
Mexico.
16:47:21
16
actual paths.
16:47:25
17
files came from, they actually do have which computer each of the
16:47:31
18
documents comes from.
16:47:34
19
which computers they came from.
16:47:35
20
Q.
16:47:42
21
that from one laptop computer that was seized in New Mexico?
16:47:46
22
A.
16:47:50
23
wouldn't be able to say.
16:47:51
24
Q.
Okay.
16:47:55
25
A.
It's possible.
Sir, from your
I know we have --
I divided them up by location.
Okay.
Sir,
These do not have the
But the paths that we worked on from where the
But I can't tell just by looking at it
And I guess what I really want to know is, is all
I can't remember exactly how many boxes from New Mexico.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 249 of 290
249
16:47:56
Q.
So you don't know if there was more than one computer.
16:48:01
Well --
16:48:02
A.
No, sir.
16:48:02
Q.
Do you know if these -- it that's all from a laptop?
16:48:04
from a desktop or some other kind of computer?
16:48:07
A.
16:48:10
say where they came from exactly.
16:48:14
item just says that it's from New Mexico.
16:48:16
exactly what the models are.
16:48:18
10
Q.
I gotcha.
16:48:19
11
A.
For each of the ones.
16:48:20
12
Q.
And there's nothing that you have, like an evidence custody
16:48:24
13
document or any kind of a document available here that will tell
16:48:27
14
you how many computers that data came from?
16:48:32
15
A.
16:48:36
16
be here.
16:48:40
17
-- when we talk about paths as to where the path is for where
16:48:43
18
these files come from, the path actually starts with an indicator
16:48:47
19
showing which computer and which evidence item, which as we call
16:48:51
20
it, a 1B number each of these items come from.
16:48:54
21
Q.
16:49:03
22
computers?
16:49:07
23
is it all in 2012?
16:49:10
24
A.
16:49:13
25
items on the CD because that wasn't part of my analysis.
Was it
By looking through -- just through the documents, I can't
My CD basically or my evidence
So I don't remember
I don't have any of the evidence documents.
Nothing would
Like I said, we were going through talking about which
Can you tell me the timeframe of the data found within these
For example, does it have data going back to 2009 or
I wouldn't be able to tell without actually looking at the
It was
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 250 of 290
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16:49:18
providing timeline analysis showing any of the date -- all the
16:49:21
dates are included on the CD showing what each file has on there
16:49:26
or the creation modified and access times.
16:49:30
there, but I did not look at it specifically.
16:49:33
Q.
16:49:36
or a DVD?
16:49:38
A.
It's a DVD.
16:49:38
Q.
DVD?
16:49:39
A.
It's labeled as DVD.
16:49:40
10
Q.
And would you create one DVD per computer?
16:49:42
11
A.
No, sir.
16:49:44
12
Q.
Would you do more than one DVD per computer?
16:49:47
13
A.
Depends on -- I can do more than one computer on one DVD.
16:49:51
14
But it depends on the size of the evidence that the case agent
16:49:54
15
decides.
16:49:58
16
data.
16:50:02
17
DVD.
16:50:02
18
Q.
16:50:07
19
DVDs do you have?
16:50:08
20
A.
One.
16:50:10
21
Q.
And so, that DVD would have all the data seized from one or
16:50:19
22
more computers in New Mexico?
16:50:20
23
A.
16:50:24
24
for the New Mexico search site that they did that would all be on
16:50:28
25
one -- as one DVD.
Those are all on
You picked up a little envelope with a disc.
Is that a CD
A lot of times, you know, a DVD will only hold so much
If it goes over the 4.7 gigabytes, I have to use another
Okay.
And that particular exhibit, New Mexico, how many
They came in with the batch of evidence that I was provided
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 251 of 290
Right.
251
16:50:30
Q.
And if we were to open that DVD and look at it, is
16:50:38
there some kind of a menu or something that would show us how
16:50:43
many computers are on that DVD?
16:50:44
A.
16:50:48
files that are collected and there were -- marked as relevant by
16:50:52
case Agent Lawson.
16:50:55
from for each file.
16:50:59
Q.
16:51:03
seized and analyzed by you?
16:51:07
10
A.
16:51:11
11
had no relevant files, those files would not be included on this.
16:51:15
12
So it would only be the files that were deemed relevant would be
16:51:19
13
on here.
16:51:22
14
exactly how many computers came from New Mexico.
16:51:27
15
in our evidence logs.
16:51:32
16
relevant would be all collected together and put onto the DVD.
16:51:36
17
Q.
16:51:45
18
sir, I have no further questions.
16:51:46
19
THE COURT:
Mr. Esper.
16:51:48
20
MR. ESPER:
I wouldn't even know where to start, Judge.
16:51:50
21
16:51:51
22
MR. MAYR:
16:51:54
23
THE COURT:
16:51:54
24
16:51:55
25
It will show -- well, what it's showing is it's showing the
It will show the files and where they came
And looking at that, can we tell how many computers were
Well, as long as, once again, if there was a computer that
So if there's another computer -- I can't remember
Okay, sir.
That would be
But those computers, if there was anything
Thank you.
I'll collect that back up.
And,
No questions.
That's what I'm here for, Judge.
If I may.
You may.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 252 of 290
252
16:51:55
CROSS-EXAMINATION
16:51:55
BY MR. MAYR:
16:51:58
Q.
Special Agent Cox, good afternoon.
16:52:00
A.
Yes, sir.
16:52:01
Q.
My name is Brent Mayr.
16:52:04
A.
Yes, sir, I do.
16:52:04
Q.
Do you recognize that name because I left you several
16:52:07
messages trying to get a copy of my client's image, right?
16:52:10
A.
Right.
16:52:10
10
Q.
And I did receive that from you and I appreciate that.
16:52:15
11
a little bit of time.
16:52:18
12
questions.
16:52:18
13
A.
Certainly.
16:52:18
14
Q.
These relevant items that you pulled out of here -- and,
16:52:23
15
again, there's been already a question about that that was
16:52:25
16
determined by Agent Lawson, right?
16:52:27
17
A.
Yes, sir.
16:52:27
18
Q.
Would he know where these specific files, whether it be a
16:52:34
19
JPEG, whether it be a TIFF, whether it be a Word document, would
16:52:40
20
he know where exactly on the computer those were located?
16:52:43
21
A.
16:52:47
22
it will show him where it came from.
16:52:49
23
Q.
Okay.
16:52:49
24
A.
And then, once he selects it, marks it as a relevant file,
16:52:53
25
bookmarks it, as we call it, when I create my final forensic
Do you recognize that name?
Took
I just need to ask you a couple of brief
As he's going through, if he selects an image or something,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 253 of 290
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16:52:58
report that's on the DVD, that is when basically it gives all the
16:53:03
pertinent information about the file.
16:53:05
path, and all of that.
16:53:06
Q.
16:53:14
computers and how many were seized, what was on them, are those
16:53:17
questions that you could answer right now, or are you just not
16:53:19
prepared to do that?
16:53:21
A.
16:53:25
one.
16:53:28
10
Austin site.
16:53:29
11
Q.
Right.
16:53:30
12
A.
I do remember those well.
16:53:31
13
Q.
Do you remember that it appeared from file names, user
16:53:38
14
profiles, documents created, that the computer was used primarily
16:53:44
15
by a Jessica Huitron?
16:53:46
16
A.
I do remember that user folder name.
16:53:48
17
Q.
All right.
16:53:56
18
relevant to my client's case -- let me ask you this.
16:54:01
19
recall seeing QuickBooks files on those computers?
16:54:04
20
A.
I cannot say for sure on that.
16:54:06
21
Q.
Okay.
16:54:13
22
the person to talk to about that to explain those other things
16:54:16
23
found on there?
16:54:17
24
A.
16:54:20
25
to look at what exactly was on the computer.
It gives the dates, the
Now, if I asked you specific questions about my client's
I mean, I can go over -- I can't say exactly what's on each
I know that there were a number of computers from the
Yes.
Now, if there's relevant -- what I deem or
Do you
I do not remember.
Any sort of accounting or tax software, who would be
Once again, the case agent is the one that was going through
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 254 of 290
254
16:54:23
Q.
If there's something relevant that's on the computer, like a
16:54:27
QuickBooks -- access to a QuickBooks account and I said that
16:54:30
that's relevant, could you help me pull that off?
16:54:32
A.
Yes, sir.
16:54:33
Q.
Okay.
16:54:39
THE COURT:
16:54:42
MS. FERNALD:
16:54:44
16:54:46
MR. FINN:
No objection.
16:54:48
10
MR. MAYR:
Judge, I do.
16:54:49
11
call and available if we need to shore up anything with the
16:54:52
12
computer materials.
16:54:55
13
THE COURT:
16:54:58
14
THE WITNESS:
16:55:01
15
THE COURT:
16:55:05
16
16:55:06
17
THE WITNESS:
16:55:07
18
THE COURT:
16:55:12
19
THE WITNESS:
16:55:14
20
16:55:14
21
THE COURT:
16:55:16
22
THE WITNESS:
16:55:19
23
THE COURT:
16:55:20
24
MR. MAYR:
Thank you, sir.
16:55:21
25
THE COURT:
He's on call.
With that, Judge, I have no further questions.
Any redirect?
No further questions, your Honor.
May
this witness be excused?
I would like to keep him on
Be available.
Don't go --
Do you need me in town or San Antonio?
I don't need you in town until he does.
he thinks he does.
Yes, sir.
But he will not need you until Monday.
Okay, sir.
I'll be available for the
Court.
Run like a rabbit.
Yes, sir, I will.
All right.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
If
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 255 of 290
16:55:24
THE WITNESS:
Okay.
16:55:25
THE COURT:
16:55:30
Members of the jury, how are you doing?
16:55:32
16:55:33
THE JUROR:
Yes.
16:55:34
THE COURT:
Okay.
16:55:36
16:56:08
(Jury not present.)
17:06:33
(Recess.)
17:07:20
10
(Jury present.)
17:08:04
11
THE COURT:
17:08:07
12
MR. GARDNER:
17:08:09
13
17:08:29
14
(Witness sworn.)
17:08:34
15
THE COURT:
17:08:41
16
17:08:42
17
THE WITNESS:
Kevin Hicks, H-I-C-K-S.
17:08:46
18
MR. GARDNER:
Thank you, your Honor.
17:08:47
19
17:08:47
20
17:08:47
21
BY MR. GARDNER:
17:08:48
22
Q.
17:08:51
23
please introduce yourself to the jury?
17:08:53
24
a living and where.
17:08:53
25
A.
255
Thank you, sir.
Yes.
You want a
little short break?
Short break.
Remember the
instructions.
You may call your witness.
Government calls Special Agent Kevin
Hicks.
Tell us, please, your full name and spell
your last, please.
KEVIN HICKS, called by the Government, duly sworn.
DIRECT EXAMINATION
Good afternoon, Special Agent.
If you will, could you
I'm a special agent with the FBI.
Tell them what you do for
My name is Kevin Hicks.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 256 of 290
256
17:08:56
I've been employed with the FBI for a little over 17 years.
17:09:00
Currently assigned to the Drug Enforcement Administration, HIDA
17:09:05
Task Force in Austin.
17:09:06
Q.
17:09:10
warrant involved in this investigation?
17:09:11
A.
17:09:17
Eusevio Huitron.
17:09:23
capacity at a search warrant at Huitron Homes, which is 4216
17:09:28
Highway 183 in Austin.
17:09:29
10
Q.
17:09:34
11
the Seeling Drive?
17:09:36
12
A.
Seeling.
17:09:40
13
Q.
Can you talk about exactly what a consent search exists of?
17:09:42
14
A.
On the morning of the 12th, I was a team leader on a team
17:09:46
15
that was responsible for the execution of an arrest warrant on
17:09:49
16
Mr. Eusevio Huitron.
17:09:56
17
speaking with Mr. Huitron, he gave us consent to search his
17:09:58
18
residence, and based on that consent, we searched the residence.
17:10:02
19
Q.
17:10:08
20
did you have the opportunity to observe Mr. Huitron speaking in
17:10:11
21
Spanish at one point?
17:10:12
22
A.
Yes.
17:10:13
23
Q.
And did you address him about him speaking -- let me back
17:10:17
24
up.
Who was he talking to?
17:10:18
25
A.
He was speaking to his sons.
And, sir, did you participate in the execution of a search
A consent search at 8008 Seeling Drive, the residence of
And I was also -- participated in limited
If you will, can you explain to the jury -- you talked about
Executed that arrest warrant and then, in
And during the time that you were searching the residence,
They were present in the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 257 of 290
257
17:10:21
house.
17:10:21
Q.
And did that cause you some amount of concern?
17:10:23
A.
It did.
17:10:27
the house that day, and they were asked not to speak with one
17:10:31
another directly while we're in the house but, rather, speak to a
17:10:34
law enforcement agent regarding any questions, needs or concerns
17:10:38
while we're in the house.
17:10:39
Q.
And do you speak Spanish, sir?
17:10:40
A.
I don't.
17:10:41
10
Q.
And did you address Mr. Huitron with regards to the fact he
17:10:44
11
was speaking to other members?
17:10:46
12
A.
17:10:49
13
members in Spanish.
17:10:50
14
Q.
And did you address him in English or in Spanish?
17:10:53
15
A.
Through a translator in Spanish.
17:10:55
16
Q.
Okay.
17:10:57
17
A.
After being asked not to do that the last time, he said,
17:11:03
18
"I'll speak whatever fucking language I want," and he said that
17:11:06
19
in English.
17:11:06
20
Q.
17:11:10
21
been upset that federal agents are in his house?
17:11:13
22
A.
Certainly.
17:11:13
23
Q.
But the point is, did he understand and speak English?
17:11:17
24
A.
Yes.
17:11:18
25
Q.
And was Mr. Huitron removed from the house after that?
We had five individuals in the -- five adults in
He was addressed and asked not to speak with other family
Okay.
And what was his response?
And so, you understand where Mr. Huitron might have
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 258 of 290
258
17:11:21
A.
He was removed, taken out to the front yard where a DPS
17:11:25
cruiser was parked, and that's where he remained for the
17:11:27
remainder of the search.
17:11:29
Q.
17:11:33
sorry, 418A, B and C.
17:11:38
A.
17:11:48
Huitron's home.
17:11:52
as you see the house on the left side in a bedroom, and the
17:11:57
dresser contains clothing and large sum of cash.
17:12:07
10
dresser drawer above the one just described that contains a box
17:12:09
11
with $100 bills in that box.
17:12:13
12
Q.
17:12:18
13
MR. ESPER:
No objection, your Honor.
17:12:19
14
THE COURT:
They're received.
17:12:24
15
Q.
17:12:39
16
showing on the screen 418A, just the front of the house to help
17:12:43
17
identify the house; is that correct?
17:12:44
18
A.
That's correct.
17:12:47
19
Q.
Show the next picture, please.
17:12:53
20
A.
That's in a bedroom, a large sum of cash in the second
17:12:57
21
drawer of the dresser in the bedroom.
17:12:59
22
Q.
17:13:02
23
locations?
17:13:03
24
A.
17:13:07
25
And then, on top of the dresser was a wallet that had $100 bills
I'm going to show you Government's Exhibits 418, 41 -- I'm
I do.
Do you recognize those, sir?
418A is the front of 8008 Seeling Drive, Mr.
418B is the dresser that was located on the --
And 418C is a
Your Honor, we'd offer Government's Exhibits 418A through C.
(BY MR. GARDNER) Again, could you explain to the jury,
Now, other than this drawer, was there cash located in other
The drawer right above it, there was a box with cash in it.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 259 of 290
259
17:13:13
in it.
17:13:13
Q.
17:13:18
with other family members who this room belonged to?
17:13:20
A.
Yes.
17:13:20
Q.
And who was that?
17:13:21
A.
Adrian Huitron.
17:13:24
Q.
Now, turning your attention -- it's a little dark on the
17:13:27
screen, but how is this amount of money that I'm circling in the
17:13:31
lower left-hand corner packaged or banded together?
17:13:37
10
A.
17:13:41
11
together for a period of time based on crease.
17:13:45
12
the one directly to the right of that, obviously there's money
17:13:50
13
that's held together with rubber-bands.
17:13:53
14
especially the one at the top, within the big rubber-band, there
17:13:56
15
are smaller rubber-bands that separate amounts of currency.
17:14:02
16
Q.
And have you seen this type of banding before on currency?
17:14:06
17
A.
I have.
17:14:06
18
Q.
I guess main question is, is this consistent with one
17:14:10
19
payment or multiple payments?
17:14:13
20
A.
17:14:16
21
17:14:18
22
17:14:20
23
17:14:23
24
17:14:23
25
To be perfectly up front, did you discover through visiting
That since there's no banding, it's obviously been folded
Then looking at
And if you look closely,
Based on the packaging alone, it would appear that it's MR. ESPER:
Objection, your Honor.
Calls for
speculation on the part of the witness.
MR. GARDNER:
I believe it calls for his experience,
your Honor.
THE COURT:
Now.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 260 of 290
260
17:14:25
MR. GARDNER:
Yes, sir.
17:14:25
THE COURT:
17:14:27
A.
17:14:30
different sources.
17:14:31
Q.
17:14:40
both from here, but is this the long portion you were discussing
17:14:44
earlier here on top?
17:14:45
A.
Yes.
17:14:45
Q.
And this is another portion of cash?
17:14:47
10
A.
Yes.
17:14:47
11
Q.
All right.
17:14:50
12
A.
$100 bills.
17:14:52
13
Q.
And, sir, between the three locations of cash, did you add
17:14:56
14
them up?
17:14:57
15
A.
Yes.
17:14:58
16
Q.
And what did you come to as an amount?
17:15:00
17
A.
Final sum was $12,758.
17:15:10
18
Q.
Now, you had some items in front of you from a little
17:15:14
19
show-and-tell?
17:15:14
20
A.
Yes.
17:15:15
21
Q.
The jury's already heard from a Charles Cox about the use of
17:15:19
22
a Cellebrite.
17:15:25
23
search warrant or the arrest warrant of Eusevio Huitron?
17:15:29
24
A.
Yes.
17:15:29
25
Q.
Could you just kind of pick up that machine on top and show
Overrule the objection.
You may answer.
Based on packaging alone, it appears to have come from
(BY MR. GARDNER) Next photograph, please.
And you could see
And the denominations of this cash here?
Was the use of a Cellebrite conducted at the
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 261 of 290
261
17:15:32
it to the jury, please?
17:15:34
A.
17:15:38
Cellebrite.
17:15:38
Q.
And what's in your black case there?
17:15:41
A.
And the black case contains the -- basically the cables that
17:15:45
would connect your Cellebrite to a particular cellphone.
17:15:48
Q.
17:15:52
I'm sorry.
17:15:59
And so, purpose of those cords is what?
17:16:02
10
A.
17:16:07
11
brought to the port of a cellphone.
17:16:11
12
generally different, so you have the different types of cables.
17:16:16
13
Q.
17:16:18
14
but is it a very portable instrument?
17:16:21
15
A.
Yes.
17:16:22
16
Q.
And in this case, did you hook up the phone of Eusevio
17:16:27
17
Huitron?
17:16:27
18
A.
17:16:32
19
out to a vehicle that was parked in the front and did the
17:16:34
20
extraction from the vehicle.
17:16:36
21
Q.
17:16:43
22
own report, correct?
17:16:44
23
A.
That's correct.
17:16:44
24
Q.
Showing you Government's Exhibit 357.
17:16:47
25
created from Eusevio Huitron's telephone?
This is the actual forensic extraction device.
Okay.
This is the
Can you lift that up so the jury can see it, please?
Special Agent Hicks, could you show them like that?
The purpose of the cords is to have a conduit from yourself
And all cellphones are
You would agree with me, obviously the record won't reflect,
We identified Mr. Huitron's phone in the residence, took it
And then, as Mr. Cox testified to, that device creates its
Is this a report
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 262 of 290
262
17:16:51
A.
Yes.
17:16:53
Q.
And is this a report that you provided to the U.S.
17:16:55
Attorney's Office following the execution of the arrest warrant
17:16:59
on Mr. Eusevio Huitron?
17:17:01
A.
Yes.
17:17:02
Q.
Your Honor, we'd offer Government's Exhibit 357.
17:17:05
MR. ESPER:
No objection, your Honor.
17:17:07
THE COURT:
357 is received.
17:17:10
17:17:14
10
your career, have you also been involved in the interception and
17:17:21
11
use of telephones?
17:17:22
12
A.
Yes.
17:17:23
13
Q.
And are you familiar with country codes with respect to
17:17:27
14
certain telephone numbers?
17:17:28
15
A.
Yes.
17:17:34
16
Q.
I'd like to identify this one to you.
17:17:47
17
this page, what is this page right here?
17:17:50
18
information normally stored on a phone?
17:17:52
19
A.
This is the address box for Mr. Huitron's phone.
17:17:55
20
Q.
Okay.
17:17:58
21
to him and then, hit call, correct?
17:18:00
22
A.
Correct.
17:18:00
23
Q.
So this individual named "Yo Yo" here on line 61?
17:18:06
24
A.
Okay.
17:18:07
25
Q.
Now, when you say country codes, the next line, 72 star 9
Q.
(BY MR. GARDNER) Special Agent Hicks, during the course of
What I'm looking on
Where is this
So if I wanted to look up Special Agent Hicks, I'd go
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 263 of 290
263
17:18:13
star 25922, what do you recognize that country as?
17:18:18
A.
17:18:24
Mexican Nextel phone.
17:18:26
Q.
17:18:31
identify it as such?
17:18:33
A.
17:18:38
start with 52, 62, 72, 92, those are all going to be Mexican
17:18:44
Nextel telephones.
17:18:46
Q.
17:18:58
10
of 14.
17:19:04
11
U.S. area code 956?
17:19:06
12
A.
Yes.
17:19:06
13
Q.
And what location in the United States is that?
17:19:09
14
A.
It's Laredo, McAllen, area code.
17:19:15
15
Q.
And Carlos Nayen, spelled G-A-R-L-O-S in this case, and are
17:19:22
16
you familiar with that particular code?
17:19:24
17
A.
17:19:29
18
push-to-talk number for a Nextel phone.
17:19:31
19
Q.
In the United States?
17:19:32
20
A.
Correct.
17:19:33
21
Q.
And with respect to the 135 under Victor, what is that?
17:19:37
22
A.
It's going to be, again, a domestic or United States
17:19:42
23
push-to-talk number.
17:19:43
24
Q.
17:20:05
25
that's that Saltillo, correct?
That's going to be a UFNI, a urban fleet number for a
Mexican Nextel phone and what particular set of numbers here
During the course of my wire intercepts, anything that will
I'm showing you the next page.
There's an entry for Victor.
Actually identifies page 11
Are you familiar with the
The 124 with the star, it's going to be a domestic
And showing you page 9 of 14, identifying the index No. 68,
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 264 of 290
264
17:20:07
A.
Correct.
17:20:08
Q.
All right.
17:20:10
A.
Austin, Central Texas.
17:20:11
Q.
Okay.
17:20:13
A.
That's going to be, again, push-to-talk number in the United
17:20:21
States.
17:20:21
Q.
17:20:26
search in the Highway 183 Huitron Homes, Huitron Painting?
17:20:29
A.
17:20:32
10
Huitron, asked for keys, asked Mr. Huitron and his son for keys
17:20:39
11
for the business.
17:20:44
12
key opened the business, and I took that key to Huitron Painting
17:20:49
13
and it was used to open the door.
17:20:51
14
Q.
17:20:54
15
you the keys?
17:20:54
16
A.
Yes.
17:20:55
17
Q.
All right.
17:20:57
18
the 183 address?
17:20:59
19
A.
Yes.
17:21:00
20
Q.
All right.
17:21:02
21
without the keys?
17:21:03
22
A.
Yes, we could have.
17:21:04
23
Q.
Showing you pictures identified as Government's Exhibit 372A
17:21:08
24
through I.
17:21:10
25
A.
512 area code?
And a 143?
Special Agent, you also said you took a part of a limited
I did.
Once we had executed the arrest warrant on Mr.
Adrian Huitron identified the keys and which
So, again, they were cooperative with respect to providing
And did you, in fact, have a search warrant for
So could you have opened the door with or
Okay.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 265 of 290
265
17:21:10
Q.
Would you looked through those, please, sir, and see if you
17:21:13
could identify them?
17:21:14
A.
17:21:24
if you're looking at the business, that's going to be an office,
17:21:29
the first office at the front on the left-hand side.
17:21:37
just another picture of the same office.
17:21:43
computer in that office.
17:21:51
storage device in that office.
17:21:58
door of the office on the right-hand side, there was an office
17:22:01
10
space, and that's going to be a picture of that office.
17:22:10
11
overall picture of the same office.
17:22:13
12
372H, that's going to be a computer in that office.
17:22:19
13
372I, as you proceed through the front two offices, there's a
17:22:24
14
hallway that leads into what's labeled here as room 5 and
17:22:29
15
essentially was a storage room, but it was set up -- kind of had
17:22:32
16
a little break area in there, coffee pot, microwave, et cetera, a
17:22:37
17
lot of filing cabinets in that room.
17:22:41
18
Q.
And were these photos taken on June 12th of 2012?
17:22:45
19
A.
Yes.
17:22:46
20
Q.
Your Honor, I'll offer Government's Exhibit 372A through I.
17:22:50
21
MR. ESPER:
No objection, your Honor.
17:22:55
22
THE COURT:
372 A through I are admitted.
17:23:01
23
Q.
17:23:04
24
are looking those through photos, it's kind of hard to see the
17:23:08
25
layout or understand the layout from the photos.
372A is the front of Huitron Homes, 4216 Highway 183.
372B,
372C is
372D is going to be a
372E, again, another computer and a
372F, as you come into the front
372G, an
(BY MR. GARDNER) Special Agent Hicks, while those gentlemen
Would you agree
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 266 of 290
266
17:23:10
with that?
17:23:10
A.
Yes.
17:23:11
Q.
Could you just generally describe the layout of the office
17:23:13
itself?
17:23:14
A.
17:23:19
kind of a narrow hallway or a box size office.
17:23:22
of that hallway is a closet.
17:23:27
was a locked door on the office that was on the left.
17:23:33
into that room to make sure it was clear.
17:23:38
10
again, in the main hallway on the right was the office that had
17:23:42
11
the paintings or the picture of the horses, et cetera.
17:23:46
12
out of that office, there's a hallway that leads into what looked
17:23:49
13
like was a break room, doors were on, clear passage through.
17:23:54
14
you go through that room and looked like another utility room
17:23:57
15
that was used for storage, and I believe there was a dryer in
17:24:01
16
that room.
17:24:07
17
offices on the right, all the way to the back.
17:24:09
18
Q.
17:24:12
19
locked door as fairly open?
17:24:14
20
A.
Yes.
17:24:15
21
Q.
Okay.
17:24:19
22
the open space?
17:24:19
23
A.
Yes.
17:24:20
24
Q.
And, Special Agent Hicks, I'm only going to show you a
17:24:26
25
picture just for reference so the jury understands what we're
As you come through the front door, on your left is just
Okay.
At the very end
And then, when we made entry, there
Made entry
Going to the right,
You come
And
And there were no doors or closed doors from the
So would you characterize the office but for that one
People seem to have the ability to access any room in
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 267 of 290
This is 372A.
267
17:24:28
talking about.
What is that, sir?
17:24:33
A.
That's the front of Huitron Homes.
17:24:36
Q.
Would you agree with me that the remainder of the pictures
17:24:39
just generally show the outline or the layout, rather, of the
17:24:42
rest of the office?
17:24:42
A.
Yes.
17:24:43
Q.
One second, your Honor.
17:24:53
MS. WILLIAMS:
17:24:55
MR. WOMACK:
17:24:59
10
MR. ESPER:
I have a few, your Honor.
17:25:00
11
THE COURT:
All right, sir.
17:25:01
12
17:25:01
13
BY MR. ESPER:
17:25:30
14
Q.
17:25:38
15
home there is a very modest home, is it not?
17:25:40
16
A.
Yes.
17:25:41
17
Q.
Okay.
17:25:46
18
chance?
17:25:46
19
A.
I don't.
17:25:47
20
Q.
Okay.
17:25:50
21
A.
It was a nice home.
17:25:52
22
Q.
It was nice, but it's very modest, correct?
17:25:56
23
elaborate, is it?
17:25:57
24
A.
No.
17:25:57
25
Q.
Okay.
Your Honor, I'll pass the witness.
No questions.
No questions.
CROSS-EXAMINATION
Mr. Hicks, when you went out to Mr. Huitron's house, the
Do you know the size of it, the square footage by any
Very modest furniture in there?
Not anything
And when you went there, you went with how many
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 268 of 290
268
17:26:05
agents?
17:26:06
A.
I don't remember the total number, sir.
17:26:07
Q.
There's usually a pretty -- a cadre of agents that go along
17:26:12
on these, isn't there?
17:26:13
A.
Usually eight to ten.
17:26:15
Q.
Sure.
17:26:19
correct?
17:26:19
A.
Yes.
17:26:19
Q.
Okay.
17:26:24
10
there?
17:26:26
11
A.
Yes.
17:26:27
12
Q.
Okay.
17:26:36
13
report, did you not, that documented what you did, what you saw,
17:26:40
14
what happened, correct?
17:26:41
15
A.
That's correct.
17:26:42
16
Q.
And I realize it's basically just a two-page report, is it
17:26:47
17
not?
17:26:47
18
A.
That's correct.
17:26:48
19
Q.
And it doesn't include every minute detail.
17:26:51
20
include details that are significant, correct?
17:26:53
21
A.
Correct.
17:26:54
22
Q.
Okay.
17:26:58
23
refresh your memory before you came into court today?
17:27:00
24
A.
Not today, but I have seen it.
17:27:02
25
Q.
Sure.
Maybe more.
And you went there at about 6:30 in the morning,
And were you the -- were you the leader of the agents
Team leader?
Now, you also prepared in connection with this case a
You want to
Now, I believe -- and did you use this report to
And you authored it, didn't you?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 269 of 290
269
17:27:05
A.
That's correct.
17:27:06
Q.
I believe when you went in there, when you and your fellow
17:27:08
agents went in, of course, whenever you executed a search warrant
17:27:12
or execute an arrest warrant, you've got jackets on to -- so that
17:27:16
people know you're law enforcement.
17:27:17
A.
Correct.
17:27:18
Q.
Okay.
17:27:21
A.
Yes.
17:27:22
Q.
Are they drawn or are they holstered?
17:27:26
10
A.
Drawn.
17:27:26
11
Q.
They're drawn?
17:27:28
12
A.
Correct.
17:27:28
13
Q.
So, in other words, you come into somebody's home and you're
17:27:31
14
there to -- basically it's a show of force, is it not?
17:27:34
15
A.
Yes.
17:27:35
16
Q.
Sure.
17:27:40
17
was -- actually had been outside and was walking back into the
17:27:43
18
house, right?
17:27:44
19
A.
17:27:46
20
morning.
17:27:46
21
Q.
17:27:50
22
come in and go out, correct?
17:27:52
23
A.
Two times.
17:27:53
24
Q.
Okay.
17:27:55
25
and look for people, was she?
Yeah.
Okay.
Do you have weapons on you when you go?
Okay.
And, actually, Mrs. Huitron, Denise Huitron
That was the second time she had come out that
And you had observed her come there and go out and
And, I mean, she wasn't coming out to scout around
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 270 of 290
270
17:27:57
A.
The second time, she actually talked to a neighbor, which,
17:28:02
embarrassing enough, the neighbor had come up to my vehicle
17:28:04
across the street and asked why I was there.
17:28:10
speaking with them, then we went ahead and executed the arrest
17:28:14
warrant.
17:28:20
which he usually arrived around 7:00, and then, to have the
17:28:23
traffic stop conducted on that vehicle.
17:28:26
events, we sped up the process.
17:28:27
Q.
Your plan was to conduct a traffic stop?
17:28:30
10
A.
Correct.
17:28:31
11
Q.
On Mr. Huitron?
17:28:32
12
A.
Actually, he would be a passenger through watching his house
17:28:35
13
for multiple days.
17:28:40
14
truck that was picking him up about 7:00 in the morning every
17:28:42
15
day.
17:28:43
16
Q.
And where do you follow him to?
17:28:45
17
A.
Basically just watch them pick him up and then, a couple of
17:28:48
18
times, we followed them out to his ranch in Dale.
17:28:52
19
Q.
17:28:55
20
early in the morning, wasn't it?
17:28:56
21
A.
Usually around 7:00.
17:28:59
22
Q.
And as it turned out on this particular day, he was already
17:29:03
23
at the home, correct?
17:29:05
24
A.
He was still at the house.
17:29:07
25
Q.
Okay.
So once we saw her
The initial plan was to -- for him to get his ride,
But based on those
There was a white Ford truck or white Dodge
So.
And whenever this vehicle would pick him up, it was very
He hadn't left?
Yes.
And, actually, the day before when you were
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 271 of 290
271
17:29:11
surveilling, you made a determination that he wasn't even there
17:29:13
that day, correct?
17:29:15
A.
The morning, the day before I saw him there.
17:29:18
Q.
You saw him there the day before?
17:29:20
A.
Uh-huh.
17:29:21
Q.
In the evening or the morning?
17:29:22
A.
Morning.
17:29:22
Q.
Okay.
17:29:24
A.
I believe so.
17:29:25
10
Q.
Okay.
17:29:29
11
or not?
17:29:29
12
A.
17:29:32
13
observing and saw the white Dodge truck pick him up.
17:29:38
14
believe I was out there the morning -- to say with a hundred
17:29:40
15
percent certainty, I can't.
17:29:42
16
Q.
17:29:45
17
that surveillance the day or two before?
17:29:47
18
A.
No.
17:29:47
19
Q.
All right.
17:29:54
20
you're there to arrest her husband, correct?
17:29:57
21
A.
That's correct.
17:29:58
22
Q.
And he comes to the door and you arrest him?
17:30:01
23
A.
That's correct.
17:30:01
24
Q.
And I believe your report says without incident?
17:30:04
25
A.
That's correct.
You're certain about that?
Well, I asked you if you're certain.
Are you certain
There were a number of mornings that I was out there
But you didn't generate any reports.
And I
It was with respect to
Now, in your report, you tell Mrs. Huitron that
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 272 of 290
Okay.
272
17:30:05
Q.
Without incident means he was very cooperative with
17:30:09
you?
17:30:09
A.
We didn't have any problems putting cuffs on him.
17:30:12
Q.
Okay.
17:30:18
mouthing off to you and I'll talk in any language I want, do you?
17:30:22
A.
I didn't.
17:30:22
Q.
Okay.
17:30:29
you had a Spanish speaker agent with you, correct?
17:30:31
A.
That's correct.
17:30:32
10
Q.
You now ask Mr. Huitron and Mrs. Huitron, can we -- would
17:30:36
11
you give us consent to search your home?
17:30:38
12
A.
Correct.
17:30:38
13
Q.
And, of course, the search of one's home, that's very
17:30:44
14
personal to people, is it not?
17:30:45
15
A.
Yes.
17:30:46
16
Q.
Okay.
17:30:48
17
A.
Correct.
17:30:49
18
Q.
And so, somebody read the form in Spanish, correct?
17:30:53
19
A.
That's correct.
17:30:53
20
Q.
And Mrs. Huitron signed the form?
17:30:57
21
A.
No.
17:31:13
22
receipt.
17:31:14
23
Q.
17:31:16
24
investigation, you know Mr. Huitron is illiterate.
17:31:20
25
write?
And in your report, you don't say anything about him
Now, the consent to search form, you now ask -- and
And they said yes.
Right?
That was signed by Eusevio.
Mr. Huitron signed the
But the form was read to him because in the course of your
Can't read or
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 273 of 290
273
17:31:20
A.
No.
I don't know that.
17:31:21
Q.
You didn't know that?
17:31:22
A.
I don't.
17:31:22
Q.
Okay.
17:31:26
you not?
17:31:26
A.
Yes.
17:31:27
Q.
Okay.
17:31:29
A.
This was in Spanish.
17:31:30
Q.
It was in Spanish?
17:31:31
10
A.
Yes.
17:31:31
11
Q.
But it had to be read to him, correct?
17:31:34
12
A.
Yeah.
That's common.
17:31:36
13
Q.
Okay.
Did he take the time to read it before he signed it?
17:31:40
14
A.
He was asked if he understood after it was read to him,
17:31:44
15
certainly which he said he did.
17:31:45
16
Q.
Okay.
17:31:50
17
A.
He was in cuffs.
17:31:51
18
Q.
From the beginning?
17:31:51
19
A.
Yes.
17:31:52
20
Q.
Okay.
17:31:55
21
or adult children who live in the home, correct?
17:31:58
22
A.
17:32:02
23
16 or 17 at the time.
17:32:05
24
Q.
Okay.
17:32:10
25
A.
Yes.
Yeah.
But you do have forms in English and in Spanish, do
This form was in English?
Now, he then is put in handcuffs, right?
Now, you go and you secure -- there's other children
There were five adults.
I believe the youngest was
Then there were some smaller children.
And in Adrian Huitron's room, you find this cash.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 274 of 290
274
17:32:11
Q.
And as a matter of fact, Adrian Huitron, was he put in
17:32:16
handcuffs and taken outside?
17:32:17
A.
17:32:21
detained initially.
17:32:22
Q.
Sure.
17:32:24
A.
Correct.
17:32:25
Q.
So the safety of the agents, correct?
17:32:28
report that Mr. Adrian Huitron was interviewed about that money.
17:32:36
A.
That's correct.
17:32:36
10
Q.
Okay.
17:32:42
11
Agent Will Snodgrass.
17:32:43
12
A.
Yes.
17:32:43
13
Q.
And you even make reference to a DEA-6, dated June 12, 2012,
17:32:52
14
that apparently was written by Agent Snodgrass?
17:32:54
15
A.
I made reference to that, the report was never written.
17:32:58
16
Q.
Okay.
17:33:03
17
Snodgrass' interview with Mr. Huitron, but he never writes up the
17:33:08
18
report?
17:33:08
19
A.
It was never written.
17:33:09
20
Q.
Okay.
17:33:12
21
it was not?
17:33:12
22
A.
That's correct.
17:33:13
23
Q.
Okay.
17:33:18
24
MR. GARDNER:
17:33:21
25
MR. ESPER:
No.
He was in the residence.
He was cuffed for -- he was
For safety purposes?
You say in your
And he was interviewed, according to you, by Special
So you make reference to a report that details Agent
So you thought a report was going to be written, and
But Mr. Huitron explained to Agent Snodgrass -Excuse me, your Honor, which Mr. Huitron?
I'm not going to ask what he said.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 275 of 290
MR. GARDNER:
275
17:33:22
Okay.
17:33:23
Q.
17:33:27
Agent Snodgrass about the money?
17:33:29
A.
Yes.
17:33:29
Q.
Okay.
17:33:40
does --
17:33:42
A.
Cellebrite?
17:33:43
Q.
Does this also have the ability to retrieve fax messaging?
17:33:51
A.
I've never seen it retrieve fax.
17:33:55
10
information that would be stored on a cellphone.
17:33:56
11
Q.
17:34:02
12
telephone numbers that were extracted out of Mr. Huitron's phone?
17:34:07
13
A.
I'd have to look at the number of pages.
17:34:10
14
Q.
Of course.
17:34:20
15
A.
There are telephone numbers 13 of the 14 pages.
17:34:24
16
Q.
Okay.
17:34:25
17
A.
Last page.
17:34:25
18
Q.
And on each page, it lists about 10 to a page, correct?
17:34:35
19
A.
May I see that?
17:34:36
20
Q.
Sure.
17:34:36
21
A.
Actually, I believe on this page, there are 10, but they
17:34:39
22
give you the number of actual numbers that are on here.
17:34:42
23
Q.
Okay.
17:34:43
24
A.
So there's 11 on this phone, there would have been 100 --
17:34:48
25
well, the last three are recalls.
(BY MR. ESPER) Did Adrian Huitron give an explanation to
Okay.
Now, this -- what's the name of this machine that
It's essentially any
And I believe there are 14 pages that were -- of
Looks like 104 telephone
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 276 of 290
276
17:34:51
numbers stored on this phone.
17:34:52
Q.
17:34:56
live in Mexico, correct?
17:34:57
A.
That' correct.
17:34:58
Q.
Not just the three you identified?
17:35:00
A.
There were additional numbers in Mexico.
17:35:02
Q.
Okay.
17:35:07
did he not?
17:35:08
A.
Yes.
17:35:08
10
Q.
And that's where you got that information out of?
17:35:10
11
A.
That's correct.
17:35:11
12
Q.
Okay.
17:35:15
13
A.
It was 512-844-0095.
17:35:18
14
Q.
Okay.
17:35:21
15
whether you or anyone else have subpoenaed the subscriber
17:35:25
16
information for that?
17:35:27
17
A.
17:35:31
18
arrest, there was a tracking warrant that would have already been
17:35:35
19
issued and installed on that phone.
17:35:40
20
acquired.
17:35:40
21
Q.
17:35:44
22
had that same phone number for a long time?
17:35:47
23
A.
I don't know.
17:35:48
24
Q.
You don't know?
17:35:49
25
A.
I don't know.
And a lot of them have telephone numbers for people that
Now, did Mr. Huitron -- he had a cellular telephone,
And do you know this cellular telephone number?
And do you know -- and if you don't, simply say so --
It was subpoenaed.
There was -- in fact, the day of the
So that information was
And do you know -- and if you don't, simply say -- that he's
Do you know?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 277 of 290
277
17:35:49
Q.
Did you make any determination as to whether he had or not?
17:35:52
A.
No.
17:35:52
Q.
Did he have one of those Nextel push-to-talk phones?
17:35:56
A.
Yes.
17:35:56
Q.
He did?
17:35:57
A.
Uh-huh.
17:35:57
Q.
And can you extract numbers out of that?
17:36:01
A.
Yes.
17:36:01
Q.
And did you do that?
17:36:03
10
A.
That's this report.
17:36:04
11
Q.
That's that?
17:36:05
12
A.
This is a Nextel phone.
17:36:06
13
Q.
Okay.
17:36:08
14
A.
It's a cellphone.
17:36:10
15
Q.
I'm sorry?
17:36:11
16
A.
It's a Nextel telephone.
17:36:15
17
as you normally would, 512-344.
17:36:19
18
push-to-talk or direct connect function, you put in the urban
17:36:24
19
fleet number.
17:36:24
20
Q.
17:36:30
21
for EH was, I think, 3, but I don't want to be mistaken.
17:36:37
22
17:37:53
23
Q.
17:37:57
24
marked as Defendant's Exhibit EH-4 through 10 inclusive.
17:38:00
25
identify those photographs?
Okay.
That's not out of the cellphone?
Correct.
You're able to make direct calls
Or if you want to use the
Now, I believe, your Honor, the last exhibit I have
THE CLERK:
Wait a second.
You're correct.
(BY MR. ESPER) Mr. Hicks, I'm going to show you what I have
Can you
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 278 of 290
278
17:38:03
A.
The first photograph, which is Exhibit 10.
17:38:06
Q.
Yes.
17:38:07
A.
That's taken looking North 183, the business would be to the
17:38:12
left.
17:38:16
of essentially the front -- one side of the tire shop, some hay
17:38:22
bales and the Highway 183.
17:38:25
Q.
Okay.
17:38:28
A.
EH-9, I don't know.
17:38:31
Q.
Is that part of the ranch?
17:38:33
10
A.
I don't know.
17:38:33
11
Q.
You don't know?
17:38:34
12
A.
No.
17:38:34
13
Q.
There's some horses in it.
17:38:36
14
A.
Well, I don't know.
17:38:37
15
17:38:39
16
to those are pictures taken by government agents at the Rianna
17:38:43
17
Woods address in Austin, Texas, the ranch of Eusevio and Jesus
17:38:46
18
Huitron.
17:38:47
19
MR. ESPER:
Thank you, your Honor.
17:38:50
20
THE COURT:
All right.
17:38:54
21
Q.
17:38:59
22
you actually went out to the ranch, correct?
17:39:03
23
A.
I've seen the ranch.
17:39:04
24
Q.
Okay.
17:39:11
25
A.
It appears to be.
There's a tire shop next to that business.
That's a photo
EH-9, what is that?
MR. GARDNER:
Your Honor, we'll stipulate to the fact
EH-4 through 10 are admitted.
(BY MR. ESPER) Mr. Huitron, you -- I'm sorry.
Mr. Hicks,
Yes, sir.
And is this the entry to the ranch?
Yes, sir.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 279 of 290
279
17:39:12
Q.
Okay.
And I know you're probably not a horse aficionado.
17:39:19
A.
No.
17:39:19
Q.
But there is a pretty primitive, elementary-type facility,
17:39:24
is it not?
17:39:24
A.
I wouldn't know, sir.
17:39:25
Q.
You wouldn't know?
17:39:27
A.
No.
17:39:27
Q.
It's not anything like the Ponderosa or anything we used to
17:39:30
see on TV.
17:39:32
10
A.
No, sir.
17:39:32
11
Q.
No?
17:39:35
12
A.
Essentially my familiarity with this is driving down that
17:39:39
13
dirt road and making the corner.
17:39:42
14
to offer.
17:39:43
15
Q.
Yeah.
17:39:46
16
A.
There's a house off in the distance.
17:39:52
17
couldn't tell you, sir.
17:39:52
18
Q.
17:39:55
19
primitive, do they not?
17:39:57
20
A.
Sir, I don't know.
17:39:58
21
Q.
Okay.
17:40:09
22
area?
17:40:09
23
A.
17:40:11
24
probably, I don't know, six, seven-hundred yards.
17:40:15
25
with certainty.
Okay.
Nothing elaborate to it?
So I really don't have anything
It's a very simple structure, is it not?
It's far away.
There's horses on it and the stables look a little
Is this the structure that is part of the stables
I've only seen the structure from the road, which is
I couldn't say
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 280 of 290
Okay.
280
17:40:16
Q.
Now, you said that when you walked into the office
17:40:27
area, the area was pretty much just wide open except for one door
17:40:33
and that was locked?
17:40:34
A.
17:40:37
the doors were open.
17:40:38
Q.
17:40:41
office that was locked?
17:40:42
A.
I didn't.
17:40:43
Q.
You didn't?
17:40:43
10
A.
No.
17:40:46
11
Q.
But that was the only -- that was the only part of the
17:40:50
12
structure that had any type of lock to it?
17:40:54
13
A.
Other than the front door.
17:40:56
14
Q.
Okay.
17:41:00
15
files, all kinds of files and documents, did you not?
17:41:03
16
A.
17:41:05
17
there.
17:41:06
18
Q.
You didn't do any searching?
17:41:07
19
A.
Not there.
17:41:08
20
Q.
All you did was just observe that -- the inside of those
17:41:13
21
premises?
17:41:14
22
A.
17:41:18
23
security sweep and then, went back to the other location.
17:41:21
24
Q.
17:41:26
25
lawfully executed search warrant for the training or the horse
On the left side, that door was locked.
Everything else,
Did you subsequently find out who used that particular
No.
Yes, sir.
And was there anything of -- you found a bunch of
A lot of files found there.
I did not conduct the search
No, sir.
Brought the key over, unlocked the front door, helped on the
Okay.
Now, let's get to the key part.
You did have a valid
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 281 of 290
281
17:41:31
facilities, correct?
17:41:34
A.
You're talking about his ranch?
17:41:36
Q.
Yeah.
17:41:37
A.
No.
17:41:37
Q.
You didn't have a search warrant for that?
17:41:39
A.
No.
17:41:39
Q.
What did you have a search warrant for?
17:41:40
A.
We had a search warrant for Huitron Homes at 4216 Highway
17:41:47
183.
17:41:48
10
Q.
Okay.
17:41:51
11
A.
That's correct.
17:41:52
12
Q.
So when you asked for the keys to the ranch, you did have a
17:41:59
13
search warrant for the actual office?
17:42:00
14
A.
17:42:04
15
Huitron Homes.
17:42:04
16
Q.
17:42:07
17
this particular ranch is, correct?
17:42:09
18
A.
No.
17:42:09
19
Q.
It's not?
17:42:10
20
A.
No.
17:42:10
21
Q.
Okay.
17:42:16
22
keys to the offices for Huitron Homes?
17:42:19
23
A.
Correct.
17:42:19
24
Q.
Okay.
17:42:25
25
a search warrant for that, did you?
The ranch.
That's the -- that's not this ranch?
I didn't ask for keys to the ranch.
I asked for keys for
And that was the -- and the Huitron Homes is out there where
Mr. "Chevo" Huitron or Adrian Huitron gave you the
And this particular ranch out there, you didn't have
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 282 of 290
17:42:26
A.
No.
17:42:26
Q.
Did you get consent to go search?
17:42:28
A.
No.
17:42:28
Q.
You didn't?
17:42:29
A.
Huh-uh.
17:42:30
Q.
All of the Huitrons, "Chevo" Huitron, his wife, his
17:42:40
children, they were all very cooperative with law enforcement,
17:42:42
weren't they?
17:42:43
A.
"Chevo."
17:42:48
10
Q.
He's the man right here, the one you put the handcuffs --
17:42:50
11
A.
Eusevio, yes.
17:42:51
12
Q.
They were all very cooperative with you?
17:42:53
13
A.
Until he became a little agitated about not being able to
17:42:57
14
speak with his sons.
17:42:57
15
Q.
17:43:00
16
bother to note in your report?
17:43:01
17
A.
No.
17:43:03
18
Q.
Okay.
17:43:06
19
irritated when somebody comes in their house at 6:00 in the
17:43:09
20
morning, guns a blazing, so to speak.
17:43:11
21
17:43:13
22
Q.
17:43:15
23
not?
17:43:16
24
A.
17:43:20
25
in their house.
Okay.
282
Which one is "Chevo"?
And that's, of course, the agitation that you didn't
It's fairly common.
It's fairly common for people to be a little
MR. GARDNER:
I don't mean fire but --
Your Honor.
(BY MR. ESPER) Guns drawn and that's normal procedure, is it
People like to be able to speak whatever language they like
Obviously in normal circumstances, you would
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 283 of 290
283
17:43:23
agree with them.
17:43:23
Q.
17:43:26
told you what he was saying?
17:43:27
A.
On the premises?
17:43:29
Q.
Well, you had somebody that read the consent to search form,
17:43:32
right?
17:43:32
A.
That's correct.
17:43:33
Q.
So if he was trying to say something to tell his son to do
17:43:37
something surreptitiously, there was an agent right there, wasn't
17:43:40
10
there?
17:43:41
11
A.
17:43:43
12
speaking English to his son, I still want --
17:43:45
13
Q.
You didn't want him speaking?
17:43:47
14
A.
Correct.
17:43:47
15
Q.
You didn't want him saying anything to anyone?
17:43:49
16
A.
We don't want the adults communicating and creating a
17:43:53
17
security issue for the team that's there.
17:43:54
18
Q.
17:43:57
19
just didn't know?
17:43:57
20
A.
We didn't know.
17:43:58
21
Q.
Okay.
17:44:04
22
17:44:07
23
not, more or less?
17:44:12
24
A.
17:44:18
25
weren't on location more than two hours.
And you had a Spanish-speaking agent there who could have
No.
It didn't matter what language he's speaking.
Okay.
If he's
Did you feel he was creating a security issue or you
May I have just a moment, your Honor?
And you were out there for about two hours, were you
The consent to search form was signed at 6:45.
We probably
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 284 of 290
284
17:44:23
Q.
And is Agent Snodgrass, is he assigned to the Austin DEA
17:44:31
office?
17:44:31
A.
Yes.
17:44:32
Q.
He is?
17:44:34
A.
Uh-huh.
17:44:34
Q.
Okay.
17:44:45
THE COURT:
17:44:48
MR. MAYR:
17:44:49
17:44:49
10
BY MR. MAYR:
17:44:57
11
Q.
17:45:02
12
JH-3 and JH-4.
17:45:10
13
A.
17:45:17
14
to Seeling Drive.
17:45:18
15
Q.
Okay.
17:45:19
16
A.
JH-4, I don't recognize that dwelling.
17:45:23
17
Q.
Okay.
17:45:25
18
A.
And JH-3, that appears to be the Seeling address.
17:45:30
19
to look at it from the very front.
17:45:32
20
Q.
17:46:06
21
an A.
17:46:08
22
A.
That's 8008 Seeling Drive.
17:46:10
23
Q.
Okay.
17:46:16
24
A.
That doesn't look like it from that angle.
17:46:18
25
Q.
Do you recall if this is the house that was next door?
That's all I have, your Honor.
Mr. Mayr.
Thank you, your Honor.
CROSS-EXAMINATION
Agent Hicks, I'm going to show you what I've marked as JH-2,
Do you recognize those locations?
Looking at JH-2, I believe that's looking northbound on --
If you can pull up 418, please.
A, sorry.
Thanks.
I'd have
It was
There we go.
And JH-3, that appear to be the same house?
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 285 of 290
285
17:46:20
A.
I don't recall.
17:46:21
Q.
When you were out there at Eusevio Huitron's residence, did
17:46:26
you learn that his brother, my client Jesus Huitron, lived right
17:46:31
across the street from him?
17:46:32
A.
No.
17:46:33
Q.
Did you learn that his brother Isabel lived in the house
17:46:37
next door that I just showed you there, JH-3?
17:46:40
A.
No.
17:46:41
Q.
Could you help me figure out who would have discovered that
17:46:48
10
or learned about that?
17:46:53
11
you, right?
17:46:54
12
A.
17:46:59
13
Execute the arrest warrant on Mr. Huitron at this residence and
17:47:03
14
that's where the plan was.
17:47:06
15
was not a concern.
17:47:07
16
Q.
17:47:10
17
residence that day?
17:47:12
18
A.
No.
17:47:13
19
Q.
To your knowledge, has there ever been a search warrant to
17:47:16
20
obtain a search of Jesus Huitron?
17:47:19
21
A.
I don't know.
17:47:20
22
Q.
Okay.
17:47:23
23
17:47:23
24
BY MR. GARDNER:
17:47:26
25
Q.
Certainly.
There's other individuals out there with
Our focus was pretty much we had one focus:
Who his neighbors were at that time
Did you all have a search warrant for Jesus Huitron's
I have no further questions.
RE-DIRECT EXAMINATION
Mr. Esper, I believe, made the statement to you that you
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 286 of 290
286
17:47:29
don't include everything in your offense reports.
Do you recall
17:47:32
that?
17:47:32
A.
Yes.
17:47:33
Q.
Okay.
17:47:38
report?
17:47:38
A.
Yes.
17:47:39
Q.
Can you include everything that happens in a single day in a
17:47:44
two-page offense report?
17:47:45
A.
No.
17:47:46
10
Q.
And why not?
17:47:48
11
A.
A lot of things happen that just aren't testimonial in
17:47:52
12
nature.
17:47:57
13
you break up on search teams, people basically conduct their job,
17:48:01
14
do their job, then there's a process for collecting the evidence,
17:48:05
15
and that's what you put in your report.
17:48:07
16
Q.
17:48:10
17
testimony here today?
17:48:11
18
A.
17:48:15
19
arrest warrant, the consent to search that day, the parties that
17:48:18
20
were present during that search, the items that were seized
17:48:21
21
during that search, and that's essentially the nuts and bolts of
17:48:26
22
that report.
17:48:26
23
Q.
17:48:30
24
Eusevio Huitron, were you aware that you were possibly dealing
17:48:35
25
with either members or associates of the Zetas organization?
I believe he showed you or referenced you a two-page
Things happen that obviously you may not see because as
So what's the purpose of that report in relation to your
The purpose of the report is to document the issuance of the
And when you were preparing to execute the arrest warrant on
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 287 of 290
A.
287
17:48:38
Yes.
17:48:39
MR. ESPER:
17:48:40
MR. GARDNER:
17:48:42
17:48:45
MR. ESPER:
17:48:48
executing a warrant.
17:48:49
THE COURT:
17:48:52
A.
I was aware.
17:48:54
Q.
(BY MR. GARDNER) And were you aware that they are a
17:48:56
10
dangerous organization?
17:48:57
11
A.
Yes.
17:48:57
12
Q.
That's all I have, your Honor.
17:49:00
13
17:49:00
14
BY MR. ESPER:
17:49:04
15
Q.
17:49:08
16
not memorialize in a report what Adrian Huitron told him about
17:49:14
17
the money?
17:49:15
18
A.
Yes.
17:49:16
19
Q.
And has he given you an explanation?
17:49:21
20
17:49:24
21
could call Mr. Snodgrass if he wants to.
17:49:27
22
Mr. Esper.
17:49:30
23
him if he so desires.
17:49:32
24
Q.
17:49:35
25
it?
Object, your Honor.
I object.
I believe he asked about why he was armed
and guns drawn, your Honor.
I believe that's a fair response.
He said that's normal procedure for
He did.
You asked him.
You may answer.
RE-CROSS EXAMINATION
Mr. Hicks, have you inquired of Agent Snodgrass why he did
MR. GARDNER:
Your Honor, that would be hearsay.
He
I've discussed it with
I told him I would make Agent Snodgrass available to
(BY MR. ESPER) But you did ask him why he didn't memorialize
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 288 of 290
288
17:49:35
A.
Yes.
17:49:36
Q.
Okay.
17:49:45
MR. GARDNER:
17:49:48
THE COURT:
17:49:50
ever to say I'm not nice to jurors.
17:49:54
minutes.
17:50:03
remember the instructions.
17:50:09
the questions that I ask each time.
17:50:14
anything about it.
17:50:18
10
17:50:55
11
(Jury not present.)
17:51:01
12
THE COURT:
17:51:10
13
Defendant Colorado ended up with two Exhibit 9s.
17:51:21
14
up here.
17:51:21
15
MR. DEGEURIN:
17:51:27
16
THE COURT:
17:51:30
17
Exhibit 4s.
17:51:33
18
to how we renumber these?
17:51:35
19
MR. DEGEURIN:
17:51:36
20
THE COURT:
17:51:40
21
17:51:51
22
THE CLERK:
Ten.
17:51:52
23
THE COURT:
Okay.
17:51:54
24
the picture of Raul Guadalajara-Guia No. 10 and the horses win.
17:52:07
25
Okay.
That's all I have, your Honor.
Nothing further, sir.
Members of the jury, I don't want anybody
I'm going to give you nine
there.
It will be hard because long weekend, but please
8:30 Monday so that you can answer
So don't talk or learn
Don't read the paper about it if it's in
Just have a nice weekend and be back here Monday.
Couple of things for the record.
The
If you'd come
If that's the worst I did today.
Well, the Court came up with two Court
So other than being -- do you have any preference as
No.
Okay.
I do not.
So make the one with the picture of
the horses, not the witness, the next number, which is what?
Either way.
So we're going to make
And we'll make Court Exhibit, which is the memorandum of
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 289 of 290
289
17:52:13
interview, Court Exhibit 5, rather than 4.
17:52:23
17:52:26
matters.
17:52:30
your equipment.
17:52:37
little bit with it.
17:52:42
it will be full all day long with folks in criminal cases.
17:52:53
17:52:56
I don't know if the Court's concerned about the record including
17:52:58
the government's addition to Colorado.
17:53:01
10
MR. DEGEURIN:
17:53:03
11
MR. GARDNER:
17:53:04
12
THE COURT:
17:53:05
13
MR. GARDNER:
17:53:08
14
17:53:10
15
17:53:13
16
the day and then, I gave it back to -- you can't add to my
17:53:16
17
exhibit without offering it.
17:53:18
18
17:53:22
19
the demonstrative exhibit and erase it on the board.
17:53:28
20
attached, it remains attached.
17:53:32
21
where it doesn't bother you.
17:53:35
22
MR. DEGEURIN:
17:53:39
23
MR. FINN:
17:53:42
24
THE COURT:
But that's the way it ended up.
17:53:45
25
All right.
Anything else before we break for the week?
Counsel, I've got a full day tomorrow of criminal
I need to tell you that you're going to have to take
If you want to leave it, John will help you a
But I wouldn't leave it in this room because
MR. GARDNER:
Your Honor, as to demonstrative exhibits,
You can't add to it.
Add something on my own.
I'm sorry, I don't.
The government put this sticker on
Colorado.
MR. DEGEURIN:
THE COURT:
And I left it on there until the end of
You know, they used to be able just to take
So it was
Just put it down at the bottom
On the back, upsidedown?
In Spanish.
LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
Case 1:12-cr-00210-SS Document 746 Filed 11/16/13 Page 290 of 290
17:53:48
MR. GARDNER:
17:53:50
THE COURT:
17:53:50
(Proceedings adjourned.)
290
Nothing from the government, your Honor.
All right.
Y'all have a safe weekend.
4
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6
7
8
9
10
11
12
13
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15
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LILY I. REZNIK, OFFICIAL COURT REPORTER
U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)
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