South Florida’s limited federal detention capacity is affecting the prosecution of individuals accused of involvement in the assassination of former Haitian President Jovenel Moïse, who was killed on July 7, 2021. Over 35 people have been indicted in the conspiracy case, with 29 currently held at the Special Housing Unit (SHU) at the Federal Detention Center in Miami, including 17 Colombian former soldiers and a Haitian businessman.
U.S. District Judge Jacqueline Becerra expressed concerns during a hearing this week about the impact of the current detention arrangements on the defendants’ right to a speedy trial. She urged prosecutors to seek alternative accommodations to avoid jeopardizing upcoming hearings, including one scheduled for December 1. The judge emphasized her limited authority over detention conditions but stressed the urgency of addressing the problem.
“I want to make sure that what the government isn’t arguing is that because of the nature of the charges against them… they’re Colombian mercenaries; they’re de facto dangerous; they always have to be separated from each other,” Becerra said. She warned that such conditions could prolong the trial proceedings significantly.
The Colombian soldiers were transferred to Miami from Haiti on September 20 after a grand jury issued a sixth superseding indictment. Among them is Christian Emmanuel Sanon, who is accused of orchestrating a violent coup against Moïse’s government, along with other charges including illegal arms shipping. The judge has requested a complete list of defendants involved in the case, detailing those who have pleaded guilty, are awaiting trial, or have been convicted.
Conditions in the SHU have become contentious. Defense attorney Juan J. Michelen described the facility as punitive, claiming that the defendants have been unable to shower, receive necessary medications, or adequately prepare for their trials due to harsh restrictions. He pointed out that money sent by family members to assist the detainees has not been available for use.
Prosecutors have noted the necessity of separating the defendants but do not wish them to remain in the SHU. Assistant U.S. Attorney Jason Wu indicated that a solution is being sought to alleviate overcrowding, possibly by moving some defendants to facilities in Broward or Palm Beach counties.
Judge Becerra expressed her preference for not transferring untried defendants to West Palm Beach, underlining her previous efforts to ensure adequate legal representation within Miami for a fair trial. As the hearings progress, additional requests from defense attorneys for improved conditions and transportation out of the SHU are expected to be evaluated by the court.
