Case 4:14-cr-00151-Y Document 234 Filed 04/03/16

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
UNITED STATES OF AMERICA

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vs.
JESUS GERARDO LEDEZMA-CEPEDA (01)
et. al

No. 4:14-CR-151-Y

DEFENDANT LEDEZMA-CEPEDA’S REPLY TO THE
GOVERNMENT’S MOTION TO SUPPRESS THE PRESENCE
OF COCAINE IN THE BODYOF THE DECEASED
TO THE HONORABLE TERRY MEANS, UNITED STATES DISTRICT JUDGE FOR THE
NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION:
COMES NOW JESUS GERARDO LEDEZMA-CEPEDA (01), by and through WES
BALL and J. WARREN ST. JOHN, his attorneys of record and files this Reply to the
Government’s Motion to Suppress the Presence of Cocaine in the Body of the Deceased (Doc.
223) and shows the Court as follows:
I.
The deceased Juan Jesus Guerrero Chapa was the subject of an autopsy concerning the
cause of his death. That autopsy disclosed the presence of the illegal controlled substance
cocaine in his body at the time of his death. The evidence in this case will show that Chapa was
the attorney for the head of a large international drug cartel known as the Gulf Cartel or CDG.
The head of this drug cartel, Osiel Cardenas, prior to the instant offense, was arrested and
extradited to the United States.

Cardenas was convicted of offenses and sentenced to

confinement for a period of 25 years in a Federal prison. Following Cardenas’ arrest, his
attorney Chapa was the de facto head of CDG. As head of CDG, the deceased Chapa ran a large

DEFENDANT LEDEZMA-CEPEDA’S REPLY TO THE GOVERNMENT’S
MOTION TO SUPPRESS THE PRESENCE OF COCAINE IN THE BODYOF THE DECEASED

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Case 4:14-cr-00151-Y Document 234 Filed 04/03/16

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criminal enterprise whose activities included murders, narcotics trafficking, kidnapping,
extortion, bribery, money laundering and torture.
The Government has advised the Court that it seeks to offer evidence that Chapa learned
that there were those seeking to kill him. The evidence will show that Chapa had a large number
of enemies which included R V1, and others from drug cartels including CDG and Los Zetas.
These enemies were not in all cases aligned with one another. The government seeks to show
through hearsay testimony that Chapa expressed that he was fearful of the threat against him.
Contrary to this expressed fear is the fact that Chapa continued his association with criminal
enterprises which included his use of cocaine. In the context of the evidence that will be shown
in the case Chapa’s cocaine use will be relevant to the elements of the offense that the
Government seeks to prove. See Doc. 220, Government’s Memorandum of Law Regarding
Admissibility of Victim’s Statements Relating to State of Mind.
II.
The Government cites in support of its motion an unreported District Court decision in
Cruz v. Jacques, No. CV 09-8340-DOC RCF, 2012 WL 787604, at *11-12 (C.D. Cal. Feb. 10,
2012). In that case, evidence of drugs in the body of the deceased was excluded by the trial court
as not being relevant. In this case, the evidence will be relevant to an element of the offense.
Additionally, the defendant urges that the Government’s motion should be treated no
more than as a Motion In Limine as it is premature for the Court to assess the relevance of the
evidence complained of.
WHEREFORE, PREMISES CONSIDERED, DEFENDANT LEDEZMA-CEPEDA
prays that this Honorable Court enter an order denying the Government’s Motion or in the
alternative treat the Motion as a Motion in Limine.
1

It is believed that R V is an indicted codefendant whose name is presently under seal.

DEFENDANT LEDEZMA-CEPEDA’S REPLY TO THE GOVERNMENT’S
MOTION TO SUPPRESS THE PRESENCE OF COCAINE IN THE BODYOF THE DECEASED

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Respectfully submitted,

/s/ Wes Ball_________________________
WES BALL
State Bar No. 01643100
4025 Woodland Park Blvd., Ste. 100
Arlington, Texas 76013
Telephone: 817-860-5000
Fax: 817-860-6645
Email: wes@ballhase.com

/s/ J. Warren S. John___________________
J. WARREN ST. JOHN
State Bar No. 18986300
2020 Burnett Plaza, 801 Cherry St., Unit 5
Fort Worth, Texas 76102-6810
Telephone: 817-336-1436
Fax: 817-336-1429
Email: jwlawyer@aol.com

ATTORNEY FOR DEFENDANT (01)

ATTORNEY FOR DEFENDANT (01)

CERTIFICATE OF SERVICE

I hereby certify that on the 3rd day of April, 2016, a copy of this reply was served
on all parties via court-enabled electronic case filing.

/s/ Wes Ball
Wes Ball

DEFENDANT LEDEZMA-CEPEDA’S REPLY TO THE GOVERNMENT’S
MOTION TO SUPPRESS THE PRESENCE OF COCAINE IN THE BODYOF THE DECEASED

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