Long, slow legal road in case of Zeta hit man alleged to have killed U.S. ICE agent

No trial before 2013, at the soonest

Alleged Los Zetas hit man Julián Zapata Espinoza, accused in a brutal February 2011 attack against two U.S. immigration agents on a highway in northern Mexico which left one of them dead, returned to federal court in the District of Columbia yesterday (Apr. 25).

Espinoza was captured by Mexican security forces only days after the event, which occurred while the two ICE (Immigration and Customs Enforcement) agents were in route from Texas to Mexico City on official business. A Zeta hit team of about 15 sicarios may have spotted the men having lunch at a fast food restaurant before it forced them off the busy four lane a few minutes later. The U.S. agents identified themselves, at which time the Zetas opened fire with AK-47s. They were traveling in a heavily armored vehicle carrying official tags, but because of a minor design defect it failed to protect them (ICE agent died needlessly).

The motive for the attack remains unclear, although Zapata Espinoza, who was captured by Mexican soldiers eight days later, allegedly told authorities in this country that it was a "case of mistaken identity," and that the sicarios thought they were attacking a competing drug cartel. He has plead not guilty to the U.S. charges, which carry life imprisonment.

A status conference was held yesterday. Defense attorneys told the judge they are wading through thousands of pages of police reports and investigative documents which Mexican authorities have turned over to Justice Dept. prosecutors (and more are on the way). The challenge of reviewing the vast files is complicated by the fact that everything must be translated from Spanish into English. The next review hearing won't be held until Sept. 4. There's virtually no chance that a trial will occur this year. It will be at least 2013 before the case is resolved, possibly longer. The judge approved an initial payment of just over $12,000 to the court-appointed defense team, consisting of $9,700 in attorney fees and $2,400 in investigator charges, for work performed over the last 120 days.

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Julián Espinoza, after his Feb. 23, 2011 arrest by Mexican armed forces. As in all such cases, the U.S. had to take the death penalty off the table in order to get him back for trial.