US embassy cable - 03GUATEMALA1673

C O N F I D E N T I A L GUATEMALA 001673 
 
SIPDIS 
 
E.O. 12958: DECL: 06/23/2013 
TAGS: SNAR, KJUS, PGOV, PREL, PINR, GT 
SUBJECT: KEEPING NARCOTICS TRAFFICKERS FROM BEING RELEASED 
BY CORRUPT JUDGES 
 
 
Classified By: A/DCM DAVID LINDWALL FOR REASON 1.5 (D). 
 
1. (C) Summary:  The Ambassador met with Attorney General de 
Leon and with Foreign Minister Gutierrez to raise, inter 
alia, our concerns that an irregular change of judges 
presiding over the case of major narcotics trafficker Otto 
Herrera's organization could be the prelude to releasing the 
defendants in the case.  Both officials subsequently informed 
the Ambassador that President Portillo had weighed-in with 
the Supreme Court (as did de Leon) to get deeply involved in 
the Herrera case so that the presiding judge would not be 
able to mishandle it in favor of the narcotraffickers.  End 
summary. 
 
2. (C) The Embassy learned in early June that judge Felix 
Eliseo Garcia Arenas (widely viewed as an honest judge) who 
had been presiding over the case of Byron Linares (second in 
command of the Otto Herrera narcotraficking organization) and 
two Colombian defendants in a $14 million money laundering 
case involving the Herrera organization, had been replaced by 
judge Luis Alfredo Morales Lopez through an irregular 
procedure.  Morales was the judge who released from jail a 
number of allegedly corrupt figures with close ties to 
President Portillo -- including banker Alvarado McDonald.  At 
the same time DEA began picking up information that alleged 
trafficker Linares was informing his business associates that 
he would soon be released from jail. 
 
3. (C) In meetings with Attorney General Carlos de Leon on 
June 19 and with Foreign Minister Edgar Gutierrez on June 24 
the Ambassador raised our concerns that the irregular 
switching of judges in this important case and judge 
Morales's track record of releasing well known criminals from 
jail could lead to the release from prison of Byron Linares 
and the two Colombian defendants in the money laundering case 
against the Otto Herrera narcotrafficking organization.  The 
Ambassador noted that we view the ongoing case against the 
Herrera organization as being emblematic of the GOG's ability 
to prosecute major narcotics traffickers, and any irregular 
action by a judge to release the defendants in this case 
would be a severe blow to the war against drugs in Guatemala. 
 He urged the senior GOG officials to weigh-in with the 
Supreme Court to ensure that they are vigilant and that this 
case will not be mishandled. 
 
4. (C) Attorney General de Leon and Foreign Minister 
Gutierrez, after discussing the matter with President 
Portillo and members of the Court, assured the Ambassador 
that the President of the Supreme Court had been apprised by 
President Portillo, and, separately, by de Leon, of the 
potential problem, and had guaranteed that the full court 
would be made aware of the situation and would follow the 
case closely, requesting regular updates from the presiding 
judge. 
 
5. (C) Comment: The high court did not offer an explanation 
for why the judges in this important case had been switched, 
nor did it offer to return the case to the original judge. 
However, everyone from President Portillo on down is now 
aware that the Embassy is following the case closely, and it 
is encouraging that the Attorney General, Foreign Minister 
and President all jumped on it when it was brought to their 
attention. 
HAMILTON