U.S. federal judge may unseal documents in Gulf Cartel leader's case

Details into the world of former Gulf Cartel leader Oziel Cardenas-Guillen could be available in the not-too-distant future, if his attorneys aren’t able to show a federal judge why court proceedings and documents in the record should continue sealed, federal court records reflect.

U.S. District Judge Hilda G. Tagle on Tuesday issued an order in Brownsville to U.S. prosecutors, along with attorneys for Cardenas-Guillen and 11 other defendants, to "review the record in this case to determine whether good cause exists to continue to seal the documents and hearings in the record."

Cardenas-Guillen and other defendants were first named in federal grand jury multi-count indictments in 2000 and 2002, accused of moving tons of cocaine and marijuana to the U.S.

Cardenas-Guillen also stands charged with threatening to assault and murder U.S. federal agents or those working in cooperation and under the control of federal officers, the court record reflects. Cardenas-Guillen’s case and that of other associates are still pending in federal court.

Since the time that the Mexican government extradited Cardenas-Guillen and his associates to the U.S. in January 2007, the federal court record has contained the frequent phrases, "Sealed Event filed . . . Sealed Order filed . . . Sealed Document as to Oziel Cardenas-Guillen . . . Sealed Motion filed . . . and Sealed Response filed."

But that could come to an end.

Citing case law in her order Tuesday, Tagle noted that if sealing the records is permitted, the reasons for sealing them should be publicly available.

And, if a party to the case seeks to close a hearing and maintains interests that outweigh public access, she, as judge, must consider reasonable alternatives to closing the proceeding. Tagle indicated that she would make specific findings regarding closed hearings and any documents that would be sealed.

Tagle instructed defense attorneys and prosecutors to review the sealed entries in the cases and determine if these should be unsealed, partially blacked out, or remain sealed.

If the determination is to seal or redact the hearing or document, the attorneys must also provide a detailed reason as to why. The attorneys must provide their reports by Dec. 11.

She’ll have the final word.

The attorneys also were instructed to review each other’s suggestions and submit any objections by Jan. 8. Attorneys also will have to publicly file requests to seal or redact a document or to seal a hearing.

Neither the U.S. Attorney’s Office nor Cardenas-Guillen’s defense attorneys responded Friday to The Brownsville Herald’s request for comment.