We have previously reported on the pending release of Mexican drug cartel boss Miguel Angel Felix Gallardo from prison. A judge has determined that he should serve the remainder of his 40-year sentence under house arrest due to his age (76) and state of health. The Office of the Federal Prosecutor (FGR) has objected.
Not being overly familiar with the Mexican system of justice, there seems to be a bit of confusion as to what is going to happen. For the moment, Felix Gallardo is still in prison. What apparently needs to be clarified is whether this decision to grant him house arrest only applies to his 40-year-sentence for offenses to (public) health, arms stockpiling, and bribery. He is also serving a 37-year sentence for his involvement in the 1985 kidnapping, torture, and murder of DEA agent Enrique Camarena and Mexican pilot Alfredo Zavala Avelar. Hopefully, the murder conviction will keep him behind bars.
The below article from today's Excelsior is translated by Fousesquawk.
Freeing of Felix Gallardo brings disputes. FRG* challenges his house arrest
*Fiscalia General de la Republica (Federal Prosecutor's Office)
A judge granted the benefit to the "Boss of Bosses" due to his advanced age and delicate state of health
Caption: Miguel Angel Felix Gallardo, alias The Boss of Bosses, 76, is held in the Cereso de Puente Grande (prison).
The authorization by a judge for the narcotrafficker Miguel Angel Felix Gallardo, the Boss of Bosses, age 76, to complete his prison sentence under house arrest has brought disputes with it.
It all began when the judge of the 7th District of Federal Criminal Trials, based in Mexico City, granted the benefit of house arrest to Felix Gallardo, ex-leader of the Guadalajara Cartel, only for the trial in which he was sentenced to 40 in prison for his responsibility in crimes against (public) health, stockpiling of arms, and bribery.
The measure was ordered in a ruling issued on September 7, nevertheless, the cartel boss remains in custody in the Puente Grande penitentiary in Jalisco.
The above is due to (the fact that) it has not been clarified if the custodial sentence of 37 years in jail that Felix Gallardo faces for the homicide of DEA agent Enrique "Kiki" Camarena Salazar and Mexican pilot Alfredo Zavala Avelar, in a trial based in Jalisco, was also changed.
In his ruling, the judge in the 7th District of Federal Criminal Trials considered the deteriorated state of health that the cartel boss's defense succeeded in demonstrating.
To comply with the measure, once it goes into effect, Felix Gallardo must submit to the placement of a geolocator to confirm that he will not (leave) the residence provided to the judge.
Tweet by Ciro Gomez Leyva (Mexican news anchor)
Miguel Angel Felix Gallardo, founder of the Guadalajara Cartel, will leave prison and will complete his sentence under house arrest. Authorities determined that his life expectancy is no more than three years. He will complete the rest of his 40-year sentence with an electronic bracelet.
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The objection presented by the FGR would prevent the execution of the order by the federal judge to grant conditional liberty to the ex-leader of the Guadalajara Cartel.
The Decentralized Administrative Body for Prevention and Social Readaptation, in charge of federal prison, has already been noticed of the legal appeal, despite the fact that it cannot intervene in a direct manner in the case of the (cartel) boss, (who is) originally from Sinaloa.
Meanwhile, the director general of Prevention and Social Reinsertion of Jalisco, Jose Antonio Perez, stated that they are waiting for the delivery of the electronic bracelet from the defense or the family of Felix Gallardo in order to comply with the decision by the federal judge who granted him house arrest.
He added that the challenge by the FGR against the decision issued by the judge does not stop the release process of the (cartel) boss so that the process of a change of residence will be initiated in order that the sentence remaining will continue to be served.
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