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Jury in trial for suitcase scandal has been selected

The jury's decision on Franklin Durán's case has to be unanimous; otherwise, there will be a second trial

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


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