'El Chapo' trial jurors heard the accused Mexican drug lord's voice -- or did they? - USA TODAY

Mexican drug lord Joaquin 'El Chapo' Guzman is known for daring prison escapes. USA TODAY

This undated photo from a wanted poster released by the U.S. Marshals Service shows Pedro Flores, a Chicago drug dealer who testified that accused Mexican drug lord Joaquin "El Chapo" Guzman supplied him and his brother with tons of cocaine.(Photo: U.S. Marshals Service via AP)

NEW YORK — Did jurors in the trial of Joaquín "El Chapo" Guzmán hear the secretly-recorded voice of the accused Mexican drug lord as he negotiated a $1 million heroin deal in 2008?

In a twist on a courtroom whodunit that unfolded in Brooklyn federal court Wednesday, the answer to the question may determine the credibility of a key prosecution witness against the alleged boss of Mexico's Sinaloa drug cartel.

The enigma at the heart of the question is Pedro Flores, a 37-year-old cooperating government witness who testified for a second day clad in black-and-gray jail-issued clothing.

He's a Chicago-born businessman who testified he started as a small-time drug dealer but grew the business into a multi-million-dollar network that distributed tons of cocaine from Guzmán and other cartel members to major U.S. cities nationwide.

Flores' testimony gave jurors the first inside look at the U.S. operational side of the multi-billion dollar drug trafficking operation allegedly run by Guzmán, who could face a life term in prison if convicted.

Flores also testified that he's a man who has difficulty following traditional rules — but who had no trouble double-dealing with drug clients and government investigators.  

Fearing for their lives, and also hoping to win leniency from U.S. investigators, Flores and his twin brother and partner surrendered to Drug Enforcement Administration agents in 2008. Flores then provided prosecution evidence against roughly 50 former drug customers and associates, allegedly including Guzmán.

 Assistant U.S. Attorney Adam Fels on Wednesday offered jurors dramatic government evidence to support the allegations against Guzmán. He played tapes of November 15, 2008, phone calls Flores recorded just before his surrender.

For a few moments, jurors heard the relatively high-pitched and fast-talking voice of a man Flores said was Guzmán, as the two negotiated the price of a pending 20-kilogram heroin shipment to Chicago.

Although the two had previously agreed on a price of $55,000 per kilo, Flores testified he used code words as the two spoke in Spanish during the call. He asked for a price reduction of "five pesos," meaning a drop to $50,000 per kilo.

More: Chicago-native 'El Chapo' cocaine distributor describes national U.S. drug-selling network

More: Alleged former 'El Chapo' lieutenant: Mexican drug lord tried to have me killed

More: Ex-Colombia drug lord 'Chupeta' testifies against alleged Mexican counterpart 'El Chapo'

Flores also dangled an incentive, offering cash on delivery, rather than any wait for payment.

"If you do me the favor I'll pay 50 for them, and I have the check ready," Flores said in a transcript of the call that the prosecutor read to jurors. "I have the check ready."

"All right, I'll pick up the money tomorrow. That price is fine," the drug deal partner identified to jurors as Guzmán replied. 

In a subsequent call with Flores, the man alluded to Chicago and said a representative "will pick it up over there."

"It was nice talking to you. Say hello to your brother," the man said to Flores before the call ended.

The recording, made on what Flores said was a store-bought Radio Shack machine, appeared to capture Guzmán in the act of committing a major criminal felony. 

With a recording in hand, Flores and his brother turned themselves in two weeks later. 

This file photo shows federal authorities escorting alleged Mexican drug kingpin Joaquin "El Chapo" Guzman, center, from a plane to a waiting caravan of government SUVs after he was extradited to the U.S. to stand trial on drug conspiracy charges. (Photo: U.S. federal law enforcement via AP)

Trying to raise juror doubts about Flores' damaging testimony, defense team lawyer William Purpura played jurors part of a 2016 video interview that Guzmán purportedly recorded of himself answering questions submitted by actor Sean Penn for a Rolling Stone magazine interview.

The voice of the man in the video seemed deeper-pitched, with a slower, more deliberate speaking style.

Then, the defense lawyer replayed the higher-pitched, faster-speaking voice in the recording made by Flores.

"To your ears, do they sound like the same voice?" Purpura asked Flores.

"Not really ... a little," replied the witness, who also acknowledged that recordings could be edited.

Continuing the attack on Flores' credibility, the defense lawyer cited the June 2003 Chicago murder of Rudy "Kato" Rangel, a Latin Kings gang member. Flores testified that Rangel had been one of his drug suppliers and customer finders.

Roughly two months after Rangel's assassination in a barbershop, his girlfriend accompanied Flores' twin brother to Las Vegas. There, they joined about 60 Chicago-area friends for a gala banquet and viewing party for the super welterweight boxing match between Oscar De La Hoya and Sugar Shane Mosley.   

"Rudy's love was with your brother, Magaríto, in Vegas?" asked Purpura.

"Yes," said Flores, who also acknowledged that he paid all costs for the trip and party.

Nonetheless, Flores insisted that he and his brother were not responsible for Rangel's murder.

In yet another defense assault, Purpura noted that Flores gave federal investigators incriminating evidence against 15 to 25 of his major cocaine customers, "in your words, all black."

"Yes," said Flores, who admitted he turned them in an effort to win a reduction from an expected life term in prison.

He and his brother each were sentenced to 14-year prison terms in Chicago in January 2015. They have been held in protective custody since their surrender. And Pedro Flores said he hopes to win a reduction in the roughly two years remaining on his sentence.

Purpura asked Flores if he knew that one of the African-American drug clients he'd testified against was sentenced to 292 months in prison," almost double the amount you got."

"I believe so, yes," Flores replied.        

 

Read or Share this story: https://www.usatoday.com/story/news/2018/12/19/did-el-chapo-drug-trial-jurors-hear-accused-mexican-drug-lord-voice-secret-tape/2360588002/