Judge Alvin Hellerstein ordered that the evidence provided by the prosecution for the trial against Nicolás Maduro Moros and Cilia Flores not be shared with any of the co-defendants who remain “fugitives” in the narcoterrorism case that is being followed in this case, in rejection of a previous request from the couple’s lawyers.
The decision came in the Federal Court for the Southern District of New York. The magistrate sharply modified paragraph 13 of the order for the protection of evidentiary material, explained international lawyer Nizar El Fakih.
The text was worded as follows: “The disclosure material may not be shared with any named defendant who has not yet been arrested in this case, nor with said defendant’s attorney. It is not necessary to share the disclosure material to prepare the defense.”
With this resolution, the judge prevents Nicolás Maduro and Cilia Flores from delivering sensitive evidence to figures such as Diosdado Cabello, Nicolás Maduro Guerra and other accused high-ranking Venezuelan officials who have not yet appeared before US justice.
Context of the case
The United States Department of Justice accuses Nicolás Maduro, Cilia Flores and more than a dozen senior leaders of the Venezuelan government of being part of a criminal organization known as the Cartel of the Suns.
According to the prosecution, this structure used the power of the State to import and distribute tons of cocaine to the United States between 1999 and 2024, in alliance with the Colombian FARC guerrilla.
Maduro and Flores are currently under trial in New York. Most of the other defendants remain in Venezuela or their whereabouts are unknown.
The prosecution requested strict protection of evidence to prevent leaks that put cooperating witnesses at risk or allow the destruction of evidence. The defense of the presidential couple requested authorization to share the evidentiary material with the other defendants, under alleged confidentiality measures.
The judge flatly denied that request. This decision represents a significant setback for the defense strategy and strengthens the position of prosecutors, who insist on keeping the material under control to preserve the integrity of the trial.
