Federal Judge Raúl Arias Marxoach has authorized the evacuation of sentencing hearings against former Cattani mayor, Felix “El Cano” Delgado Montalvo, and contractors Oscar Santamaria and Raymond Rodriguez.
The hearing was suspended at the request of the public prosecutor with a motion sealed on August 19 in the cases against Delgado Montalvo, Santamaria and Rodriguez. Arias Marxwach granted the request and the case report is due to be delivered on January 16 next year.
In this way, the sentences of the three accused of hiring and participating in an illegal commission scheme in exchange for garbage collection and road-paving contracts are postponed indefinitely. The sentencing of Santamaria and Rodriguez was due to be carried out on August 31, while that of Delgado Montalvo was due to be carried out on September 1.
They confirmed that the former mayor continues to cooperate
Although he had previously expressed his opinion about Delgado Montalvo’s cooperation with the federal authorities, the lawyer and former head of the Federal Prosecutor’s Office Osvaldo Carlo Linares confirmed that the postponed sentences against the former mayor and the other defendants are due to the fact that they continue to cooperate with the federal authorities.
“No collaborator is judged until their cooperation is over. That’s what you will see here, they set dates and then pass them on, because they are collaborators. Until all this cooperation is done, they will not be judged for various technical reasons,” said Carlo Linares.
The former federal prosecutor also raised the possibility that the agreement the defendants reached with the federal prosecutor’s office would lead to them serving as witnesses in a future case. In this sense, he noted that the treatment is similar to the case of former PDP collector Anaudi Hernandez, who pleaded guilty in 2016 to the Federal District and has yet to be convicted.
The former federal prosecutor insisted that “as long as he’s a potential government witness in a case, they won’t judge him.”
For his part, attorney and former federal prosecutor Ignacio Rivera also separately agreed with Carlo Linares’ impression, but added that the longer the defendants cooperated, the more likely they would receive lenient sentences.
“That which is translated into Spanish is that some or all of these gentlemen are cooperating with the Federal Prosecutor’s Office or the FBI, and even the source of the information, which is obviously valuable, is not worth it. What’s more, that sentencing it pays off. Reversible because if you judge him, you have no power over him.”
“It means they are cooperating, which means there are a lot of people involved,” he added.
Rivera explained that the defendants’ cooperation could induce prosecutors to file a request under Section 5K1.1 of the Federal Sentencing Guidelines, which could request a lower sentence, given the defendant’s degree of cooperation. However, the court will take into account the usefulness of the cooperation, the nature of your assistance, and the duration of your cooperation.
“For the federal government – and I’ve been a prosecutor for five and a half years – it’s not appropriate to put someone in jail, because if five or six people give you more importance than him, you should give him a medal of good conduct and send him home,” he said. Rivera.