Human Trafficking—Guilty Plea Rejected

For a few months, we have been following the human trafficking for sexual activity case of the Salazar family in Houston. Ivan Salazar was in the Federal District Court in Houston on Tuesday, where he was expected to enter a guilty plea.^[1] He, however, stunned attorneys and the court by telling US District Judge Vanessa Gilmore “I didn’t do anything wrong—nothing.”^[2]

Mr. Salazar is the last of the five men arrested last year on allegations that they ran a trafficking operation, and he “would have been the final member to plead guilty to sex trafficking”; his father, Gerardo “El Gallo” Salazar, is also indicted but he is still a fugitive.^[3] Asked if he knew that the others who had been indicted were involved in sex trafficking, Ivan Salazar said no, and Judge Gilmore “said she didn’t think she would accept the guilty plea.”^[4] After being given a chance to consult with his attorney, Mr. Salazar said he wanted to plead guilty, but not to the elements of the crime.^[5] Judge Gilmore did not let him do so, and jury selection has been set for November 6.^[6]

Judges are allowed to refuse guilty pleas. Before accepting a guilty plea, the defendant may be placed under oath, and the court must address the defendant personally in open court.^[7] The defendant is notified of

• the government’s right to use the defendant’s statements against him,
• the defendant’s right to plead not guilty,
• the defendant’s right to have a jury trial,
• the right to be represented by counsel at trial and at every other stage of the proceeding
• the rights at trial to confront witnesses, to be protected from compelled self-incrimination, to testify on his own behalf, and to compel the attendance of witnesses,
• the defendant’s waiver of these rights if he persists in a plea of guilty
• the nature of each charge to which he is pleading,
• the maximum penalty,
• any mandatory minimum penalty,
• any applicable forfeiture,
• the court’s authority to order restitution,
• the court’s obligation to impose a special assessment,
• the court’s obligation to consult the sentencing guidelines, and
• the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the sentence.^[8]

The court must also determine that the plea is voluntary^[9] and that there is a factual basis for the plea.^[10] The court may accept a plea agreement, reject it, or defer a decision until the court has reviewed the presentence report,^[11] and if it does reject the plea agreement, the court must do the following on the record and in open court:

• inform the parties that the court rejects the plea agreement,
• advise the defendant personally that the court is not required to follow the plea agreement and give the defendant an opportunity to withdraw the plea, and
• advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.^[12]

Evidence of Mr. Salazar’s attempt to plead guilty cannot be introduced at his trial, unless there is another statement from the plea negotiations that has been introduced as evidence and fairness dictates such evidence should be introduced.^[13]

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[1] Harvey Rice, Sex Trafficking Case Will Result In a Trial, Houston Chronicle, May 24, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Fed. Rule Crim. Proc. 11(b)(1).
[8] Id.
[9] Id. Rule 11(b)(2).
[10] Id. Rule 11(b)(3).
[11] Id. Rule 11(c)(3).
[12] Id. Rule 11(c)(5).
[13] Fed. Rule of Evid. 410.