This long-suspected possible deal was confirmed Monday by the Guzmán family's attorney, Jeffrey Lichtman of New York and ends several months of speculation about two of the kin known as "Los Chapitos." The confirmation of a deal in the works was made during a status hearing in Chicago district court.
Ovidio Guzman appeared in Chicago federal court and acknowledged that attorney Lichtman could represent him and his brother Joaquin, and he also waived any conflict that might arise from Lichtman having defended their father, the Sinaloa cartel founder and long-time leader El Chapo. The elder Guzman remains in solitary confinement in Colorado's supermax prison where he is serving a life sentence.
"Two totally different cases. You know, we-- although I represent both brothers, it doesn't change the fact that they individually have their own case. So this isn't a package deal in terms of one doing one and one doing the other. I'd like them to do the, you know, the same thing, have the same result. But the government views them differently," Lichtman said.
All of this unfolded after Joaquin was arrested during the mysterious capture of Sinaloa co-founder and elder statesman Ismael "El Mayo" Zambada in July. El Mayo has been sent to New York for criminal trial proceedings there and Joaquin was dispatched to Chicago to face federal charges here, along with his brother Ovidio who had already been in custody.
Monday's confirmation of a possible plea deal in court and outside of the courtroom is the first time negotiations with authorities have been confirmed.
Lichtman insisted there are no discussions about the brothers cooperating with prosecutors, but was asked if cooperating is a possibility.
"And there's a possibility that I could wake up tomorrow morning and be six-foot-11 and be playing center for the Knicks. You know, that's a possibility, too. It doesn't mean that it's going to happen," he said.
Former federal prosecutor and ABC7 Legal Analyst Gil Soffer said there's a wide range of "cooperation," that can range from agreeing to discuss a plea deal to testifying against cartel associates.
"There's no question that true cooperation will result in a more lenient approach by the government to the defense," he said.
But at the very least, when you're negotiating a plea deal the defendant has to make admissions of guilt in order to accept the deal.
"A plea deal, if it goes to an agreement, means that the defendant will be acknowledging guilt, will be standing in court someday, entering a plea of guilty, acknowledging the facts of the case, acknowledging his guilt under the charges that are brought," Soffer said.
Ovidio Guzman was arrested in Mexico and brought to Chicago a year ago. His brother was arrested in July.
El Mayo is being held for trial in New York, and prosecutors there would undoubtedly rejoice in having both of El Chapo's sons to testify against him.