" The defendant, Ismael Zambada Garcia, through his attorney, Frank A. Perez, respectfully files this response in opposition to the government's motion for an initial appearance and a stay of the speedy trial provisions
," the document filed yesterday with the U.S. District Court for the Western District of Texas (WDTX) stated.
This response comes at least a week after the U.S. Attorney's Office requested that the co-founder of the Sinaloa cartel relocate to New York.
" On July 25, 2024, Mr. Zambada García was arrested in the District of New Mexico, adjacent to the District of Texas
," stated the document sent by the defense led by Frank A. Pérez.
" On July 26, 2024, he appeared for his initial appearance at WDTX pursuant to Rule 5 of the Federal Rules of Criminal Procedure. He was ordered held without bail and subsequently pleaded not guilty and waived his right to a detention hearing and to appear for arraignment
," the statement said.
The alleged drug trafficker's defense also explained that "the government's motion requests this court to hold an initial appearance hearing on the Eastern District of New York (EDNY) charges. It requests a court order removing Mr. Zambada-Garcia from the EDNY to face the charges there 'before proceeding with the (WDTX) charges currently pending before this court.'"
The eight-page document asserts that “(…) the government fails to explain how this interpretation allows for a second initial appearance for the EDNY charges, when one has already been held for the WDTX charges.”
The U.S. Attorney's order reads: " The defendant is hereby ordered to appear without further delay in Case No. 09-CR-466(BMC)
."
The petition asks Judge Kathleen Cardone, who is hearing Ismael Zambada's case in the U.S. District Court for the Western District of Texas, to suspend the speedy trial provisions.
