Nicolas Maduro, the former Venezuelan president, headed to a New York courtroom on Thursday (local time) as he seeks to have his drug-trafficking charges dismissed, the AP reported.
Maduro has argued that the geopolitical dispute over legal fees has undermined his ability to defend himself. Thursday’s hearing is the first time Maduro and his wife, Cilia Flores, have gone to court since his first appearance in January, where he protested the seizure by US military forces and declared: “I am not guilty. I am a decent person, the constitutional president of my country.” Flores also entered a plea of not guilty.
Why is Maduro in court?
The main reason for Maduro’s appearance in court is a dispute over how to pay his lawyers. Due to US sanctions, Maduro’s legal team cannot simply accept a check from the Venezuelan government and would require permission from the US. However, US authorities do not want to grant permission to Maduro’s team.
Maduro and his wife are accused of directing kidnappings, ambushes and killings targeting individuals who either owed money for drugs or were considered threats to their business network. According to the indictment, this allegedly included the murder of a drug dealer in Caracas. If convicted, they face life in prison.
The pair were incarcerated in the Brooklyn Detention Center and neither applied for bail. Judge Alvin Hellerstein has not yet set a trial date, although an AP report suggests it could happen at today’s hearing.
What did Maduro’s lawyer say?
His lawyer argued that Washington was violating the ousted leader’s constitutional rights by blocking the use of Venezuelan government funds to pay his legal fees, adding that appointing public defenders would drain resources meant for defendants who cannot afford legal representation.
He claimed the former president has a “property interest” in these overseas funds.
Lawyer Barry Pollack said the court should not appoint a lawyer to someone who has access to resources that could be used to fund his own defense, citing the possibility that Maduro would otherwise have to rely on a court-appointed lawyer if the payment dispute forces him off the case.
But Senior U.S. District Judge Alvin Hellerstein pointed out that a defendant’s right to legal representation does not necessarily guarantee an attorney of his choice and can include an appointed attorney.
Lawyers representing Maduro and his wife, who also face charges in the case, asked Hellerstein to halt the long-running criminal case. They argued that the decision by US President Donald Trump’s administration to block Venezuela from funding their legal fees effectively deprived both defendants of their right to legal representation.
Judge refuses to dismiss Maduro’s case over fee dispute
According to a CNN report, Hellerstein, the judge who heard Maduro’s case, said he would not dismiss the criminal case and narco-terrorism-related charges because of a dispute stemming from his inability to pay legal fees at the time.
The judge said he might reconsider the matter later if he finds the Trump administration acted arbitrarily in blocking Venezuela from paying court fees. If he reaches that conclusion, he added, Maduro’s lawyers could renew their request to dismiss the case.
