Chicago's first 'Midway Blitz' trial could revolve around the feds' Bovino murder-for-hire claim

A man accused in a murder-for-hire plot aimed at U.S. Border Patrol Cmdr. Gregory Bovino is set to face trial Tuesday at the Dirksen Federal Courthouse — for now.

U.S. District Judge Joan Lefkow handed down a damaging ruling Thursday that seemed to bar much of the evidence prosecutors planned to offer against Juan Espinoza Martinez. But the feds have shown no sign of backing down.

So the first criminal trial tied to “Operation Midway Blitz” is still on track to begin with jury selection Tuesday inside a 17th-floor courtroom at the downtown courthouse.

It’s a major test for U.S. Attorney Andrew Boutros’ office. Trump administration officials have argued repeatedly that drug cartels and street gangs have placed bounties on the heads of federal officials involved in immigration enforcement, including Bovino.

But the administration’s credibility has taken a serious hit — even being questioned by federal judges. One found that Bovino lied about his deployment of tear gas in Little Village last October. And of 31 people charged in non-immigration cases tied to the campaign in Chicago, charges have been dropped against 14. No one has been convicted.

Now, even though prosecutors once alleged Espinoza Martinez was a "ranking member of the Latin Kings," they say they won't try to prove his membership in the gang to a jury.

Key questions

Espinoza Martinez's trial is expected to be swift. He faces one murder-for-hire count, and prosecutors have signaled they’ll call just a few witnesses. Bovino is not among them.

Lefkow, 82, is set to preside over the trial. President Bill Clinton appointed her to the bench in 2000. A litigant murdered Lefkow’s mother and husband in 2005, prompting her to become an advocate for judicial security. She also handled the 2010 trial of notorious Chicago Police Cmdr. Jon Burge.

Espinoza Martinez’s lawyers, Jonathan Bedi and Dena Singer, have described their client as a “working man with deep roots” in the community and an “unblemished record.” They say he worked at his brother’s construction company for a decade, took his children to soccer games, and has never been convicted of a crime. Now he’s been in federal custody since Oct. 6.

The case is being prosecuted by First Assistant U.S. Attorney Jason Yonan, the second-highest ranking federal prosecutor in the Chicago region, and Assistant U.S. Attorney Minje Shin. They’ve said the key question will be whether messages about Bovino sent by Espinoza Martinez to an unnamed recipient “were real” to Espinoza Martinez, and whether he was taking a murder-for-hire plot “seriously.”

Speaking to the judge Jan. 7, prosecutors also said it would be important to show Espinoza Martinez’s “affinity” or relationship to the Latin Kings.

“What we must prove is whether he intended that a murder-for-hire occurred,” Shin told the judge. “And that absolutely bears on whether his relationship to the Latin Kings is real.”

Crucial evidence barred

But Thursday, a little more than a week after Shin made that comment, Lefkow barred from the trial any testimony tying Espinoza Martinez to a gang, even through his “affinity” for one.

“Without evidence showing that [Espinoza Martinez] is a member of the Latin Kings or that the Latin Kings instructed [Espinoza Martinez] to send the alleged murder-for-hire information, the prejudicial nature of such testimony outweighs any probative value,” Lefkow wrote.

That ruling prompted an emergency hearing three hours later. Yonan told the judge “you cannot remove the Latin Kings from this case and simply present the jury with a message that this defendant sent to the source, without giving them some sort of context.”

“Nearly every piece of evidence in this case touches, in some fashion, on the Latin Kings,” Yonan told Lefkow.

Bedi argued that prosecutors were improperly trying to convince the judge to change her mind and simply wanted “another bite at the apple.”

Lefkow told the lawyers “if there’s anything more to be said, I will get back to you shortly.”

On Friday, she clarified in an order that the lawyers “are barred from engaging in questioning regarding gang membership, gang affiliation, or gang affinity.” She said they “may, however, question witnesses about the meaning of their own statements.”

Addressing a separate objection, about messages allegedly sent by Espinoza Martinez, the judge added, "the government is barred from treating communications forwarded by [Espinoza Martinez] as adopted by [Espinoza Martinez]."

Jury selection ‘dicey’

Before prosecutors even begin presenting evidence, Lefkow and the lawyers will have to pick a jury. They last discussed the process Jan. 7, a little more than an hour after U.S. Immigration and Customs Enforcement officer Jonathan Ross fatally shot Renee Macklin Good in Minneapolis.

News of the shooting had barely begun to break. But Lefkow predicted jury selection could be “pretty dicey” because Bovino had only recently left Chicago. Now, lawyers will have to pick a jury for Espinoza Martinez 13 days after Good’s death, which has sparked outrage and deepened divisions over the Trump administration’s aggressive deportation campaign.

Lefkow has agreed to bar references to Good’s shooting from Espinoza Martinez’s trial.

The judge has said there will be a pool of 45 potential jurors to choose from. That means she’ll need to sit roughly one out of every three candidates to find 12 jurors and two alternates.

“I would not want a jury that has either all negative or all positive views about immigration and Border Patrol because, you know, both views are part of our community,” Lefkow said in court on Jan. 7. “So the important thing, as everybody agrees, is ‘can they set their views aside?’”

‘10k if u take him down’

The allegations against Espinoza Martinez are straightforward. A criminal complaint cites an anonymous “source of information,” who accused Espinoza Martinez of being a “ranking member of the Latin Kings.”

Prosecutors say Espinoza Martinez sent that person a picture of Bovino by Snapchat in early October. A message allegedly followed that said, “2K on info cuando lo agarren,” “10k if u take him down,” and “LK … on him.”

Authorities say that meant Espinoza Martinez had offered a $2,000 reward for information about Bovino, as well as a $10,000 reward for his murder, while indicating the Latin Kings were involved.

Prosecutors have also pointed to text messages in which Espinoza Martinez allegedly wrote, “my guys are ready in the vill,” “saints, sds, and 2six being b----es,” “Chapo has our back bro. If they they take one its gunna be bad,” and “sinaloa dont f--- around.”

Ten potential witnesses have been identified by lawyers on both sides, but far fewer might actually hit the witness stand. The feds have promised to call at least two federal agents, as well as the so-called “source of information.”

They asked Lefkow for permission to refer to that person only by first name in court, citing a social media post that was taken as a threat. Lefkow denied the request.

Bedi and Singer say they may call an English/Spanish translator. Singer also argued earlier this month that, even though Espinoza Martinez does not generally need one in court, there will be one crucial moment when he should have a translator by his side.

That’s when he testifies in his own defense.

She said it’s so he is not misunderstood.