Tocorón Watch
Judge bars defense from sharing evidence with co-defendants still at large
Judge Alvin K. Hellerstein resolved the dispute between prosecutors and the defense over the protective order, the rules governing how evidence handed over by the government may be used. The judge ordered that paragraph 13 state that this material may not be shared with any named defendant not yet apprehended or with that defendant's lawyers, adding that sharing it is not necessary to prepare the defense. He also directed the government to submit an updated protective order and closed motions 296, 299 and 302.
- Court
- U.S. District Court, Southern District of New York (Manhattan) · case 1:11-cr-00205
- Judge
- Alvin K. Hellerstein · who he is
- Prosecution
- U.S. Attorney's Office, Southern District of New York (U.S. Attorney Jay Clayton)
- Defense
- Barry Pollack (Maduro) · Mark Donnelly (Cilia Flores)
- Next date
- September 30, 2026 · Defense reply on house arrest due
- Where it stands
- Maduro and Cilia Flores held at MDC Brooklyn since January 2026; both pleaded not guilty. Trial set for June 1, 2027. Hugo Carvajal pleaded guilty (June 2025) and awaits sentencing. Diosdado Cabello is charged but not in custody.
What it means
The defense for Maduro and Cilia Flores had asked to be able to show the evidence to co-defendants who remain outside U.S. custody, such as Diosdado Cabello, arguing they are potential witnesses. With this order, the judge adopted a rule with no exceptions: the defense may not share that material with them. The judge's wording is stricter than the fallback the government had offered, which would have allowed sharing if the court authorized a formal deposition of one of those co-defendants.
What happens next
The government must file the updated protective order; the order sets no date for it.
In the document's own words
“Disclosure Material may not be shared with any named defendant who has not yet been apprehended in this action or any such defendant's counsel. It is not necessary to share Disclosure Material in order to prepare the defense.”
How the court describes it (original, English)
Our plain-language summary of a public court record, written with AI help and checked against the document. It is not a finding of guilt or legal advice. See a mistake? Tell us
Want to tell them what you think? Write a letter; we print it and mail it to the federal facility. Write a letter →