Confession was coerced, says lawyer for alleged plaza boss

brownsvilleherald.com
December 22, 2011 8:59 AM

By MADELINE BUCKLEY/The Brownsville Herald

The defense attorney for an alleged Gulf Cartel plaza boss argued in court Wednesday that federal agents coerced a confession regarding the man’s membership and activity in the drug cartel, promising him protection for his family and immunity in exchange for information.


José Luis Zúñiga Hernández, known as Comandante Wicho, reportedly a plaza boss in the cartel’s Matamoros operation, faces a three-count indictment stemming from an October arrest that charges him with entering the country illegally, felony possession of a firearm and being an illegal alien in possession of a firearm.


Zúñiga appeared Wednesday before U.S. District Judge Andrew S. Hanen, who has not yet ruled on a motion to suppress the confession. The suppression hearing continues today in the federal courthouse.


Border Patrol Agent Jonathan Bracamontez testified that he was stationed near the Rio Grande, near Santa Maria, when activity in the area set off sensors. He said the area is a common route for drug and human trafficking. Bracamontez then saw a pickup speeding down a dirt road toward U.S. Highway 281.


After a short pursuit, Bracamontez stopped the vehicle on traffic violations, and the five people inside fled, he said. Agents eventually detained all five and found a bag with a gold-plated, diamond-studded gun, $20,000 and four bags of cocaine.
Immigration and Customs Enforcement agent Luis Flores testified that he spoke with Zúñiga after the arrest about his role in the Gulf Cartel and its drug smuggling operations.


Zúñiga’s attorney, Guillermo Vega Jr., has entered a motion that claims Zúñiga’s Miranda rights were violated in the interviews after his arrest and asks the judge to disallow all evidence that followed Zúñiga’s statements.
Agents testified they read Zúñiga his Miranda rights several times. Assistant U.S. Attorney Angel Castro presented documents the man signed agreeing to waive his right to remain silent and retain counsel, although Bracamontez admitted to a mistake in a report after the October arrest.


Bracamontez said he submitted a report that stated Zúñiga was "not willing to answer questions without an attorney." After that reported was submitted, ICE agents interviewed Zúñiga.


But Bracamontez said the statement was an error in the report. He testified Zúñiga did not ask for a lawyer, even though he was repeatedly asked if he wanted one.


"He signed the waiver and didn’t ask for an attorney," Bracamontez said.


Vega argued the report indicates Zúñiga should not have been subjected to further questioning.
Vega also argued Flores offered false promises of immunity and protection when interviewing him without an attorney after the arrest.


Flores testified that Zúñiga was fearful for his life and that of his family in Mexico. He said he was fleeing from certain death when he was arrested in the United States.


"He did say he was concerned that cooperation could lead to troubles for his family in Mexico," Flores said.
Agents told the man the government had the means to offer protection in exchange for proactive cooperation, but Flores said they made no promises at the time. He said Zúñiga was never offered immunity from prosecution.


Vega said his client believed he was offered a deal in exchange for information, and thus gave numerous details of the cartel’s operation. Vega also said in one of the interviews with Flores, Zúñiga did not sign a Miranda waiver form.
The government rested its case Wednesday, and Hanen will hear from the defense today before ruling on the motion.


Mbuckley@brownsvilleherald.com