NEW YORK – U.S. federal prosecutors have asked Judge Alvin Hellerstein to approve a revised protective order governing digital evidence in the criminal case against Nicolás Maduro and his wife, Cilia Flores, as preparations continue for their trial scheduled to begin on June 1, 2027.
According to court documents filed in the Southern District of New York, U.S. authorities possess information obtained through judicially authorized searches of computers, mobile phones and other electronic devices or storage media connected to Maduro and Flores.
The proposed modification would permit what is known as “cross-production” of certain evidence. Under the arrangement, Maduro’s attorneys could review material obtained in connection with Flores, while Flores’ defense team could gain access to material associated with Maduro.
The information would remain subject to strict restrictions. Certain protected material would be available primarily to defense attorneys, while Maduro and Flores would be permitted to review it only under conditions established by the court. They would not be allowed to personally retain copies of restricted material or keep such evidence in their detention facilities.
The restrictions are intended to prevent unauthorized disclosure of sensitive information, protect witnesses and avoid interference with investigations that remain underway.
The handling of discovery has already emerged as an important issue in the case. In an earlier filing, prosecutors argued that evidence should not be shared with defendants in the same case who have not been apprehended.
Prosecutors said disclosure to fugitive co-defendants could create an unacceptable risk of harm to witnesses and their families, destruction of evidence and interference with ongoing investigations. Judge Hellerstein subsequently ordered that discovery material could not be shared with named defendants who had not been apprehended or their attorneys.
Those defendants include senior Venezuelan figures charged as part of the broader U.S. case.
The existence of material recovered from electronic devices does not, however, establish that everything contained on those devices is incriminating or that all of it will ultimately be presented to a jury.
Defense attorneys will have opportunities to challenge evidence on several grounds, potentially including its authenticity, chain of custody and the legality of the methods used by U.S. authorities to obtain it. The judge will ultimately determine what disputed evidence may be admitted at trial.
Maduro and Flores have pleaded not guilty to the charges against them. Maduro faces charges including narcoterrorism conspiracy and cocaine-importation conspiracy, while Flores faces drug-importation and weapons-related charges.
Judge Hellerstein has set June 1, 2027, for the start of the trial in Manhattan federal court.
Before then, the court is expected to address significant pretrial disputes, including Maduro's argument that the charges should be dismissed on the grounds that he was entitled to immunity as Venezuela's head of state.
The latest dispute over digital evidence underscores how important pretrial proceedings will be in determining not only what evidence the jury will eventually see, but also how sensitive information involving Maduro, Flores and other defendants can be handled without compromising witnesses or continuing investigations.
The June 1, 2027 trial date and the pending immunity challenge have been independently reported, while an earlier federal court order confirms restrictions against sharing discovery with defendants who have not been apprehended.