ORLANDO, Fla. — As Nicolas Maduro sits in federal custody in a New York facility, state prosecutors in Florida are considering filing criminal charges against the ousted Venezuelan leader.
Governor Ron DeSantis briefly mentioned it in a news conference in Clearwater Monday that he is in support of the Attorney General’s Office filing state charges.
Governor DeSantis alleges Maduro was involved in drug trafficking in Florida and that he allowed gang members out of Venezuelan prisons and eventually into Florida.
But how plausible is it that Florida could prosecute Maduro here, given the ongoing federal case and all the legal questions?
“Although there could be a case, bringing a case would be extremely difficult,” said Ryan Vescio, a former state prosecutor, who is now a partner at NeJame Law.
Vescio explained Florida has the grounds to file state charges, but he says it would take a significant amount of resources. He says Maduro would very likely stay in federal custody.
Governor DeSantis didn’t mention specific charges the state is looking at, but alleged Maduro helped in trafficking narcotics and that he was “importing” criminals.
“He would empty his prisons and send them to America across the border, and we’d end up with some of these people in Florida… Tren de Agua gang members that were in prison there,” DeSantis said.
Vescio says Florida could prosecute Maduro for drug trafficking or even racketeering. He says prosecutors would have to prove a direct link between Maduro’s actions and decisions and those accused of committing crimes in Florida.
“For Maduro to be charged with an offense here in Florida, the state would have to show that Maduro was part of a group or an enterprise that had the same intent to violate the laws, that Maduro was aware of what the goal was of the criminal organization, and that Maduro himself took steps in furtherance to achieve that criminal goal,” Vescio said.
“Is it possible that we could see Maduro in a Florida courtroom,” Channel 9 asked.
“It is theoretically possible that we could see Maduro in the Orange County Courthouse, but there’s a big difference between possibility and reality, and the reality is he’ll never step foot in that building,” Vescio replied.
Vescio added that although someone can be prosecuted in both federal and state court, there could be a conflict because each case could have different testimony and evidence, making it even more complicated.
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