Opening statements expected Wednesday in Bovino murder-for-hire trial
Federal prosecutors in Chicago are preparing to deliver opening statements Wednesday in the first trial tied to “Operation Midway Blitz,” but they’re doing so after a judge barred more key evidence of an alleged murder plot aimed at U.S. Border Patrol Cmdr. Gregory Bovino.
A jury made up of eight men and six women, which includes two alternates, has been chosen to hear the case against Juan Espinoza Martinez, the man accused of offering $10,000 for Bovino’s murder.
Prosecutors pressed forward with the trial Tuesday after a damaging ruling last week from U.S. District Judge Joan Lefkow. She barred any attempt to tie Espinoza Martinez to the Latin Kings street gang after the feds acknowledged they wouldn’t try to prove his membership in it.
The judge went further Tuesday, barring text messages in which Espinoza Martinez allegedly wrote “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.”
The jury will be allowed to see other alleged texts from Espinoza Martinez that say, “my guys are ready in the vill,” “they havent teken non from the vill … n they wont” and “Kings on they a-- n theu scared.”
Prosecutors had previously told the judge, “we absolutely have to have evidence of what [Espinoza Martinez’s] affinity and his relationship to the Latin Kings was.”
Lefkow also barred portions of Espinoza Martinez’s interview with law enforcement, as well as a video that Espinoza Martinez allegedly passed along to explain his offer of $10,000.
In audio of the video played in court, a man can be heard saying “got reports that ICE is out here doing some bullsh--. … Now that ICE is out here taking our people, ain’t nobody out here.”
Defense attorney Dena Singer made clear to the judge that Espinoza Martinez “is not in the video.” She said, “he is not a speaker, he is not seen, he is not the taker.”
Lefkow said she was “skeptical” of the video and eventually rejected it completely. She called it a “cover” for “trying to make it look like [Espinoza Martinez] is adopting what’s being said in the video.”
The judge and lawyers managed to choose a jury by about 3 p.m. But Lefkow agreed to put off opening statements until Wednesday to give prosecutors a chance to adjust to her rulings.
The case is a major test for U.S. Attorney Andrew Boutros’ office. The feds have yet to secure a conviction for a non-immigration crime tied to the Trump administration’s deportation campaign, despite repeated claims of violence against immigration agents.
Lefkow spent a significant amount of time Tuesday speaking to potential jurors at sidebar — and out of earshot of the public. Near the end of the day, she agreed to excuse a candidate who told the lawyers he didn’t agree with federal immigration policy and whose friends were apparently hit with tear gas.
However, the judge only agreed to excuse him from the trial after he said it could disrupt his work plans and cost him a “good chunk of money.”
The case hinges on the testimony of an anonymous “source of information.” Prosecutors say Espinoza Martinez sent that person a picture of Bovino via 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.
Though prosecutors have kept their “source of information” anonymous, that person is expected to take the stand and testify publicly during Espinoza Martinez’s trial.