CARACAS, Friday September 05, 2008 | Update
Venezuelan-US businessman Guido Antonini Wilson is resurfacing to testify publicly against Durán, a former partner of his (Photo: AP)
Politics
The jury that will decide the fate of Franklin Durán
-a Venezuelan businessman charged of acting illegally as a
Venezuelan agent in the United States with a mission to conceal
the origin and destination of USD 800,000 in cash carried
in a suitcase into Buenos Aires and later seized by Argentine
authorities- has been finally selected.
The 12 members of the jury and the four alternate jurors
were chosen after a rigorous process which began on Tuesday
and that included numerous interviews of potential candidates
to ensure the impartiality of the decision, AP reported.
US District Judge Joan Lenard also decided to delay opening
statements until next Tuesday in the case of Durán, who
has been accused of conspiracy in the United States with four
other people, three Venezuelan and a Uruguayan in order to
put pressure on Guido Alejandro Antonini Wilson and silence
the Venezuelan-American businessman to stop him from disclosing
the source of the money in the suitcase.
Legal procedure
The jury's decision, whether favorable or adverse to
Franklin Durán, will have to be unanimous, said Durán's
lawyer, Edward Shohat.
According to Shohat, during the trial, the prosecution will
present the case and the witnesses. At that time, the defendant's
lawyer will have the opportunity to ask questions to each
witness introduced by the prosecution.
The Public Prosecutor's Office released a list of 30 witnesses
that will be called to the stand to testify against Durán.
The list includes the other three defendants: Moisés
Maionica, Carlos Kauffmann, and Uruguayan Rodolfo Wanseele.
All of them pleaded guilty and have agreed to cooperate with
the US government. The fifth defendant in the case, alleged
Venezuelan intelligence officer Antonio José Canchica
was never arrested and remains at large.
The bagman Guido Antonini Wilson will also provide his version
of the events.
After interrogating the witness of the Prosecutor's Office,
the lawyer of Durán will have the opportunity to present
the defense case and questioning his witnesses. Shohat has
refused so far to bring the list of his witnesses to court.
The prosecution will also be able to question the witnesses
of the defense.
Later, the Public Prosecutor's Office has the opportunity
to contradict the evidence produced in the defense case. Then,
each party will present the final statement, starting with
the top prosecutor in the Antonini case, Assistant US Attorney
Thomas Mullvihill, followed by the defendant's lawyer.
Next step will be in the hands of Judge Joan Lenard, who
will instruct the jury on law enforcement and the evidences
that have been considered. Then, the jury will begin to deliberate.
The verdict must be unanimous. If the jury fails to reach
a verdict, the judge declares a mistrial and gives an opportunity
to the prosecution's office to hold a new trial.
40-year-old Durán could be sentenced to 10 years in
prison if the jury finds that the businessman acted as a Venezuelan
government agent in the US and failed to register with the
US as such.
The money in the suitcase was allegedly sent by the Venezuelan
government for the political campaign of the then Argentinean
pro-government presidential candidate Cristina Fernández,
who is now Argentina's President.
Translated by
Gerardo Cárdenas
05:51 PM. Politics. The chair of the National Electoral Council (CNE) Tibisay Lucena said on Wednesday that the CNE has not received any request to hold a referendum in order to approve a constitutional reform for continued presidential reelection. Lucena said that once such application is made, the CNE will analyze it as appropriate, in accordance with its constitutional duty.