Man acquitted in Bovino murder-for-hire trial must be released or given bond hearing, judge orders
Juan Espinoza Martinez was taken into immigration custody after being acquitted last month.
CHICAGO -- A federal judge said a Chicago carpenter cleared of accusations that he put a $10,000 bounty on the life of Border Patrol Cmdr. Greg Bovino must be released from custody or given a bond hearing.
The judge said Juan Espinoza Martinez, 37, must be released from U.S. Immigration and Customs custody or be given a bond hearing no later than 6 p.m. ET on Feb. 11.
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Judge James Patrick Hanlon said his continued detention without a bond hearing is unlawful.
Espinoza Martinez was taken into immigration custody after being acquitted last month.
On Tuesday, Southern District of Indiana Judge James Hanlon said Espinoza Martinez cannot be transferred outside the jurisdiction of the U.S. or to any federal judicial district other than those in the states of Illinois, Indiana or Wisconsin for now.
Born in Mexico, Espinoza Martinez was brought to the U.S. as a young child, according to a videotaped interview played during the short murder-for-hire trial in Chicago. His immigration status was not part of the first criminal trial stemming from the Chicago immigration crackdown.
Defense attorneys said the federal government, which referred to Espinoza Martinez as a "criminal illegal alien," engaged in "character assassination." Prosecutors accused Espinoza Martinez of being a "ranking" member of the Latin Kings, but the claim quickly unraveled when they didn't present evidence and a judge barred mentions of the street gang at trial.
Espinoza Martinez, a married father of three, was arrested in October.
His wife, Bianca Hernandez, told the Chicago Tribune that her husband was a recipient of Deferred Action for Childhood Arrivals, the Obama-era program that's shielded hundreds of thousands of people from deportation if they meet certain criteria, including no criminal history. However, Espinoza Martinez was not able to reapply in 2020 due to financial hardship, according to family.
She did not return messages left by The Associated Press.
Espinoza Martinez was charged in October as the city of 2.7 million and surrounding suburbs were seeing a surge of federal immigration agents. Protests and standoffs with immigration officers were common, particularly in the city's heavily Mexican Little Village neighborhood where Espinoza Martinez lived.
He was accused of sending Snapchat messages to his brother and a friend who turned out to be a longtime government informant. One read in part "10k if u take him down," along with a picture of Gregory Bovino, a Border Patrol official who has led aggressive crackdowns nationwide, including in the Chicago area.
After the verdict, the Department of Homeland Security dismissed the decision by the jury, which deliberated less than four hours.
The case has fueled skepticism about the Trump administration's narratives surrounding the immigration enforcement surges. Of the roughly 30 criminal cases stemming from Operation Midway Blitz in the Chicago area, roughly half have been dismissed or dropped.
ABC7 Chicago and ABC News contributed to this report.
