They are an unlikely duo.
One is the world’s biggest drug trafficker and former head of Mexico’s Sinaloa cartel who federal authorities allege is responsible for thousands of murders. The other is a Brooklyn mobster who stole millions of dollars in diamonds by conning various jewelers into believing he was a record label executive who needed the jewels for their upcoming music videos starring Beyonce, Jennifer Lopez and other A-list celebrities.
But Joaquin “El Chapo” Guzman and James Sabatino have spent more than five years in side-by-side cells – segregated from all other prisoners – in the highest security prison in the United States, the Supermax facility in Florence, Colorado.
In a motion filed on Tuesday in the U.S. District Court for the Southern District of Florida, the two men are asking to be allowed to have recreation time together.
The motion was filed by Miami attorney Israel Encinosa, who had represented Sabatino for several years and recently filed a notice to represent Guzman in one of his ongoing criminal cases in Miami.
Where are Guzman and Sabatino held?
Guzman and Sabatino are housed in a special wing of Supermax known as “The Suites.” They are not allowed to communicate with any other prisoners and have limited interactions with prison staff. They are also not allowed to speak to anyone outside of prison, except for their attorneys and one or two family members. Guzman is permitted to speak to his daughters and in the case of Sabatino, his only family contact is his stepmother. He is allowed to speak to her twice a month for no more than 15 minutes, according to the pleading. The call to his stepmother is monitored by the FBI.
The communication restrictions are designed to prevent either man from continuing to run their criminal organizations from inside of prison. Guzman, for instance, is believed to have run the Sinaloa cartel while he was in prison in Mexico before his extradition to the United States. And Sabatino, who federal authorities claim is a member of the Gambino crime family, committed many of his biggest cons while in federal custody in Miami by using smuggled cell phones.
Guzman was sentenced to life in prison without the possibility of parole. Sabatino is serving a twenty-year prison sentence.
What is the court filing asking?
The court-ordered restrictions placed on Guzman and Sabatino presented a particularly challenging situation for prison officials in Colorado, who opted to put the two men in their own wing of the prison, isolated from all the other prisoners.
“The circumstances of these two specific inmates are unique,” attorney Encinosa wrote in his filing to U.S. District Court Judge Joan Leonard. “They are both considered the most restricted inmates in not just the ADX, but in the entire United States.”
“By granting this request the only thing that would change is that Mr. Guzman and Mr. Sabatino would be able to recreate in their enclosed separate cages during the same period of time.”
“What we are basically asking is that they be allowed to walk and talk together, in separate cages, at the same time,” Encinosa told CBS News Miami. “They are human beings, they may be flawed individuals, but they should be treated as human beings.”
The court filing offers a rare, detailed look at what living conditions are like for both Guzman and Sabatino.
According to the filing: “There are only four cells in the wing; each 12′ x 7′ cell is equipped with a bed, desk, bathroom, shower, and a separate recreation cage. Sabatino’s cell has a camera equipped with night vision and sound; this subjects Sabatino to 24/7 audio and visual surveillance, which is monitored and recorded by both the [Bureau of Prisons] and the FBI.”
“The only other inmate on the range is alleged Drug Kingpin Joaquin “El Chapo” Guzman,” the court filing continues. “Mr. Guzman has been housed with [Sabatino] since his arrival [in] Florence in 2019. Before Mr. Guzman’s arrival at [Supermax], Mr. Sabatino was alone. Although in separate cells, Mr. Sabatino and Mr. Guzman have communicated freely for over 5 years, day and night, by talking loudly through the doors. As noted above, all conversations are monitored and recorded visually and audibly by both the [Bureau of Prisons] and the FBI.”
What are Guzman and Sabatino currently allowed in prison?
Both Guzman and Sabatino are permitted to leave their cells for a couple of hours a week. Each of their cells connects to a backdoor that opens into an outdoor caged area.
“The cages are individual cages, which do not allow physical contact between inmates,” the court filing states. “The cages are below ground level and are surrounded by 4 walls. The only thing visible from the cages is the sky. Since Mr. Sabatino has been in `The Suites’ he has not gone outside to recreate because he is in poor health and when alone in the cages there is nothing to do. It is an empty cage roughly the same size as the cell. Mr. Guzman does go outside in the cage to recreate when allowed in order to get fresh air. However, Mr. Guzman has been unable to interact during recreation with anyone since Mr. Sabatino has been unable to go to recreate at the same time as Mr. Guzman due to Mr. Sabatino’s court-ordered communication restrictions. It is important to stress that the two cages in `The Suites’ are equipped with individual video cameras and audio recording devices.”
Sabatino is asking to be allowed to have his recreation time while Guzman takes his. Presumably, this would allow the two men at see each other.
“Mr. Guzman is a 67-year-old man, who speaks no English, only Spanish,” the filing continues. “He has had a very difficult time acclimating to life in [Supermax] and his severe communication restrictions. Mr. Sabatino is fluent in several languages (Italian, Sicilian, Latin and Arabic) and speaks some Spanish. Mr. Sabatino’s Spanish is good enough to conduct small talk with Mr. Guzman. In reality, Mr. Guzman has learned a little English from Mr. Sabatino. Most importantly, Mr. Sabatino often serves as a translator between the guards and Mr. Guzman. There are not many Spanish-speaking officials at ADX Florence and Mr. Sabatino is often asked to translate for Mr. Guzman.”
The federal government has not yet responded to the motion.
