Former drug kingpin Joaquín Guzmán Loera, also known as El Chapo, has filed a motion seeking a new court hearing for his release.
Guzmán has filed his motion with a court in Brooklyn, New York, based on claims that the part of the US he was extradited to from Mexico was a violation of an agreement between the two countries.
He claims the US didn’t respect the ruling from Mexican courts to only extradite him to either the Southern District of California or the Western District of Texas, and instead, he ended up in the Eastern District of New York.
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The former head of Mexico's Sinaloa Cartel went on to face 17 charges there – very different to the charges he would have faced in either of the other two districts.
But prosecutors claimed that, via diplomatic routes, a special measure had been obtained by the US Government with the Mexican Government called Rule of Speciality #17.
It is designed to skip over extradition rules, however, Guzmán reckons this is a breach.
In a motion, read by El Chapo and seen by Riodoce, he said: "And they did not present it because the document did not exist. The prosecutors never filed a request with the Mexican government for the so-called Speciality Rule #17.”
Redacted documents had been handed to Judge Brian Cogan on the alleged diplomatic request.
Guzmán continued: "U.S. prosecutors, knowing they were lying to Judge Cogan and the defence, continued to fight the case, claiming in their May 26 motion that Guzman Loera had been legally extradited to the Eastern District of New York, through Specialty Rule #17.
“But it was a big lie because the prosecutors never requested extradition through the Specialty Rule, therefore, it was as if they kidnapped me.”
Prosecutors replied to the accusations from Guzman around a month and a half later, saying: "The defendant reiterates arguments previously presented before this Court, and in his prior motion to vacate sentence, and asserts unfounded allegations against the government, the Court and the Second Circuit. For the reasons discussed herein, the Motion is without merit, and the Court should deny it in its entirety."
Sources familiar with the case reckon that if he can prove prosecutors didn’t have the Speciality Rule in the bag in time, then the whole case could U-turn,Borderland Beatreports.
"But without legal representation, it's going to be hard for that to happen, and he would be destined to lose his appeal," a lawyer who knows the case said.
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