Sketch of former Mexican Security Minister Genaro García Luna during his trial in New York on January 17. JANE ROSENBERG (Portal)
Genaro García Luna stared into space. Thoughtfully, the former security minister raised a pen to his mouth and on other occasions rested his head on his right arm. Everything around him spun. The room was like a carousel spinning in fast motion and you couldn’t get off. There was his wife, his attorneys, the prosecutors and the jury. Across the hall, in another room, about 20 reporters watched his every move and dissected every reaction. Under this microscope, the senior former Mexican official to set foot in a court in the United States looked alone, vulnerable, and sometimes out of place. Everything at stake was discussed in Brooklyn court, the major political implications of his drug-dealing trial, anything that might come out of his past. But in court, the former security minister was an unarmed police officer.
García Luna surprised locals and strangers alike by showing himself smiling last Tuesday, on the first day of the trial. The New York prosecutor’s office accuses him of cocaine trafficking, organized crime and false statements. Despite everything, he seemed calm. He greeted his lawyers with camaraderie and seemed unfazed by the camera recording his every gesture. In Mexico it was said that perhaps he was relaxed because he had an ace up his sleeve, some material to confuse someone else and reach an agreement to resolve the issue with a minor penalty. César de Castro, his representative, categorically denied this and assured that the legal team was ready to defend his innocence. Prosecutors claim they have more than a million documents incriminating him and more than 70 witnesses ready to testify. “We are not interested in any settlement unless they are willing to drop the charges,” De Castro said, determined to send the signal that the evidence against his client, despite talk of a mountain of evidence, is not strong are.
As the week progressed, things started to get more serious. His face was hard again, the frown that had characterized him, and his hair whiter than anyone remembered. In court, the trial stalled on jury selection. But in another office of the court, Judge Brian Cogan had to rule on a number of motions filed by both parties. García Luna, for example, wanted to present a series of awards and public compliments bestowed on him by his former White House partners. The most intense period of security cooperation between Mexico and the United States was during the administration of Felipe Calderón, and the Secretary maintained constant communications with Washington at the time. Now he wants to present himself as a politician who is endorsed by senior US officials and who has passed all the trust checks put on him.
The judge stopped him on the grounds that what a politician might say at an official act or similar ceremony had little or no probative value in court. It allowed him to select five images from his photo album featuring prominent politicians. The list of people he rubbed shoulders with includes former President Barack Obama, then-presidential candidates John McCain and Hillary Clinton, and three CIA directors. Cogan told him he would allow the jury to hear the testimony if there was an acting or retired officer willing to put in a good word on the witness stand. But the possibility seems extremely slim. It seems nobody in Washington wants anything to do with García Luna.
The trial caused a stir in Mexico but received little attention in the United States. Prosecutors have been very careful not to smear any US agency or institution in the process of proving collusion between a senior Mexican official and organized crime. The President, Andrés Manuel López Obrador, emphasized this imbalance. “This brings to my attention that the attorneys say the United States authorities should not be involved. Why not?” he asked.
Former President Calderón has been criticized for claiming he was unaware of García Luna’s links, if any, to the cartels, but US officials’ reasoning is very similar. “Now nobody found out, nobody knew until they suddenly stopped him and the charges came,” ironized López Obrador. The matter went virtually unnoticed and little US media has addressed the implications this side of the border, despite the fact that the drug war is being fought on transnational territory.
Defense has recognized this vulnerability and is expected to exploit it in the coming weeks. As weapons, prosecutors have testimonies about millionaire bribes, corruption schemes, threats against the press and accusations bordering on killers. The biggest challenge is getting the jury to believe them and, after hearing dozens of testimonies, citizens can assume the crimes are proven. Because of this, García Luna’s lawyers will focus on attacking his credibility. It is read between the lines, although legal strategies are still missing for a long time, which will not be so much “I didn’t do it” as “Whoever accuses me is not credible”. Prosecutors instead confirm that with so many corrupt ex-officials, people who worked for him and drug lords pointing fingers at him, it’s really unlikely he didn’t do anything.
This Monday, for the first time, two irreconcilable versions of the facts will be uncovered before the 12-member jury. García Luna will arrive escorted into the room and nervously put on his glasses. He will sit down with his lawyers, undergo another public examination and follow the trial through translation before returning to solitude and exile. The fate of the most controversial police chief in recent Mexican history now rests in the hands of his old allies, his enemies and a jury.
Subscribe here to the EL PAÍS México newsletter and receive all the important information about current events in this country