USA v. Palacios Palacios, et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.: 22-cr-20104-JB
UNITED STATES OF AMERICA,
v.
JAMES SOLAGES,
et al.,
Defendants.
___________________________________/
ORDER ON AMENDED MOTION TO SUPPRESS COERCED STATEMENTS
THIS CAUSE comes before the Court on Defendant James Solages (“Solages”
or “Defendant”)’s Amended1 Motion to Suppress Coerced Statements, ECF No. [1155],
(the “Motion”). 	The United States of America (the “Government”) responded to the
Motion, (the “Response”), ECF No. [1160], to which Solages replied, ECF No. [1169].
On October 7, 2025, the Court held an Evidentiary Hearing and Oral Argument on
the Motion (“Hearing”). See ECF No. [1175]. Upon due consideration of the Motion,
the pertinent portions of the record, and for the reasons discussed below, the Motion
is DENIED.
I. 	BACKGROUND
On July 7, 2021, Solages was arrested and detained by Haitian authorities on
suspicion of planning and participating in the assassination of the late President of
Haiti, Jovenel Moïse. 	ECF No. [1155] at 3; ECF No. [1160] at 2. 	Two weeks later,
1 Mr. Solages filed a Motion to Suppress Statements, ECF No. [1033], (the “Original
Motion”), but stated on the record at the Hearing that the Amended Motion was
intended to replace and not supplement the Original Motion.
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and while detained, Solages was interviewed on three separate occasions by agents
from both the Federal Bureau of Investigations (“FBI”), and the United States
Department of Homeland Security (“HSI”) (collectively, the “Special Agents”). 	ECF
No. [1155] at 3; ECF No. [1160] at 2. The interviews took place on July 20, July 22,
and July 26, 2021 (the “July 2021 Interviews”).2 ECF No. [1160] at 2; see generally
ECF No. [1155] at 3. 	Each time, Solages was interviewed in a repurposed office at
the Haitian Central Directorate of the Judicial Police (“DCPJ”). ECF No. [1160] at 2.
Solages maintains that during his detention in Haiti, Haitian police regularly
beat him, threatened his life, and “told him he would never make it out of Haiti alive.”
ECF No. [1155] at 3. He claims that Haitian authorities broke his left hand, beat him
with a metal pipe so hard he had a seizure and still suffers from vertigo, beat him
repeatedly in his stomach and genitals, urinated on him, forced him to play “Russian
Roulette,” and denied him food, water and medication for days on end. 	Id. at 3–4.
Solages also maintains that during the July 2021 Interviews, he told the FBI of the
torture he was experiencing and that he thought he was going to die. Id. at 4.
For its part, the Government denies that Solages informed the Special Agents
of any purported mistreatment at the hands of Haitian authorities. The Government
also points out that, according to the Special Agents, Solages had no visible injuries,
2 Solages was also interviewed in February 2022, and the Motion challenges the
statements that Solages made in those interviews (the “February 2022 Statements”).
However, both in its Response, ECF No. [1160], and on the record at the Hearing, the
Government has represented that it does not plan to use the February 2022
Statements at trial. ECF No. [1160] at 12. 	Given that representation, Solages has
agreed that his request to suppress the February 2022 Statements is MOOT. 	ECF
No. [1169]. The Court therefore does not address the February 2022 Statements.
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bleeding, or bruising, and he was not otherwise restrained or handcuffed when
speaking to the agents. ECF No. [1160] at 2–3. In addition, the Government argues
that on each of the July 2021 Interviews, the agents advised Solages of his Miranda
rights, and presented him with a Miranda written waiver. 	That written waiver,
which the Government asserts was also read aloud to Solages, informed him that he
had a right to remain silent; that his statements could be used against him; that he
had the right to consult an attorney or to have one present with him; and that he
could stop the questioning at any time. 	See ECF No. [1200-1]. 	At the initial
interview, the Government maintains that Special Agents invited Solages to sign the
Miranda waiver and asked him to initial and date each line of the waiver at the
beginning of each subsequent interview, which he did. 	Id. 	The waiver also stated
that Solages waived any rights he had “freely and voluntarily, without threat or
intimidation and without any promise of reward or immunity.” Id.
II. 	THE INSTANT MOTION
In the Motion, Solages argues that statements made during the July 2021
Interviews (the “July 2021 Statements”) should be suppressed because the physical
and mental torture he experienced during the time of his interviews renders his
statements involuntary. ECF No. [1155] at 3. Solages argues that the totality of the
circumstances demonstrates that he was in a weakened state at the time of the July
2021 Statements, and that returning him to the violent custody of Haitian officials
was a threat that rose to the level of coercion that the Fifth Amendment is intended
to protect against. ECF No. [1169] at 3.
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The 	Government 	argues 	that 	Solages’ 	statements 	were 	voluntary, 	as
evidenced by the Miranda waiver he signed, and affirmed at the outset of each of the
subsequent interviews. 	ECF No. [1160] at 6. The Government also argues that his
claims of torture lack credibility because during the July 2021 Interviews (i) Solages
did not mention any abuse to Special Agents, (ii) no physical signs of torture or abuse
present, and (iii) the Special Agents did not document any injuries, which is their
practice when a detainee has visible injuries, as occurred with one of Solages’ co-
defendants. See id. at 7–8.
III. 	THE HEARING
At the Hearing, the Court heard testimony from two of the Special Agents that
conducted the interviews with Solages in July 2021, FBI Special Agents Martin
Suarez and Jose Loureiro. Special Agent Suarez was present at all three interviews
and confirmed that Solages never appeared to be deprived of sleep or food in any way,
nor did he have any visible injuries on his body or complain of any mistreatment.
Special Agent Suarez also testified that Solages never informed them of any abuse or
torture at any of the three interviews. 	According to Special Agent Suarez, Solages
did not report any of the abusive scenarios now alleged. At best, Special Agent Suarez
testified that at one of the interviews, Solages appeared to be coughing, and
complained that the jail cell was cramped, hot, and that individuals in the cell were
ill. Special Agent Loureiro confirmed that in the one interview he attended, as well
as other times he walked in during the other interviews, Solages did not appear to
have any physical signs of abuse, nor did he report any torture or abuse.
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In addition, the Government introduced photos of another man that was
detained 	and 	was 	being 	interviewed 	by 	federal 	agents, 	co-defendant 	German
Alejandro Rivera-Garcia. During his interview, the agents noted that Rivera-Garcia
had significant bruising on his face and inner thigh and proceeded to photograph
those injuries. Special Agent Suarez testified that Solages did not appear to have any
injuries, and that if he had seen any he would have photographed them and included
them in his report as he did with Mr. Rivera-Garcia.
Solages testified about the conditions of his detention and testified that he was
tortured while in Haitian custody. 	He testified that his arrest was violent and that
while detained at the police station, he was repeatedly beaten on his testicles while
handcuffed, and was denied food, water, and medication for a preexisting knee injury
for days. 	Solages testified that his hand was broken while in custody, and that he
was never properly treated for the injury. 	He also testified that he was hit in the
head with what he described as a metal pipe, suffering a skull fracture that was never
treated, and that a member of the DCPJ tactical team urinated on him. 	Solages
further testified that he was forced to play “Russian Roulette” with the detaining
officers, and that the detaining officers held a lighter to his testicles and burned them.
Solages 	also 	stated 	that 	he 	had 	contracted 	tuberculosis 	twice 	because 	of 	the
unsanitary conditions in the prison. 3
3 During cross-examination, Solages was asked about his proficiency in the English
language. 	In his response, Solages waivered, stating that he had a “reasonable
understanding” of the English language, before confirming that he was indeed
proficient in English and had no issues reading both the twenty-three page National
Human Rights Defense Network Report (discussed infra) in English or the Miranda
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To corroborate his allegations of torture and abuse, Solages offered a report by
the National Human Rights Defense Network (the “Report”), which he believes
confirms the details of the torture he endured. 	See ECF No. [1191]. 	The Report
details the arrests made following the assassination of Haitian President Moïse, the
subsequent investigation and delays therein, and the conditions of the detained
suspects following the arrests. 	See generally, id. 	Based solely on the author’s
interviews with the detained suspects, and at times their families and their lawyers,
the Report describes the conditions of the suspects’ detention as inhumane, degrading
and generally lacking in respect for human dignity. 	See id. at 3–4, 12, 15. 	In
particular, the Report includes four paragraphs specifically about Solages’ arrest and
detention, including how he was beaten in the back of the pick-up truck after his
arrest, 	subjected 	to 	“torture 	and 	harsh 	interrogations,” 	spent 	twenty 	days 	in
handcuffs, and was pressured to confessing to having murdered President Moïse. Id.
The Report also noted that Solages was subject to a cell with a “nauseous smell” that
was not well ventilated, and that he caught tuberculosis while in prison. Id.
IV. 	LEGAL STANDARD
“Before the government may introduce a suspect’s uncounseled statement
made during custodial interrogation, it must show that the suspect made a voluntary,
knowing and intelligent waiver of his privilege against self-incrimination and his
waiver he was presented with during the July 2021 Interviews. The Court notes that
after the Hearing, Solages filed a declaration confirming his proficiency of the English
language and affirmed that he has no difficulty reading, writing or speaking in
English and that he has had no difficulty understanding the proceedings, court
orders, and communications regarding his defense to date. See ECF No. [1213].
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right to counsel.” 	United States v. Graham, 323 F. App’x. 793, 799 (11th Cir. 2009)
(citing United States v. Beale, 921 F.2d. 1412 (11th Cir. 1991)). In order to do so, the
government must first show that “the relinquishment of the right . . . was the product
of a free and deliberate choice rather than intimidation, coercion, or deception.” 	Id.
Second, “the waiver must have been made with a full awareness of both the nature
of the right being abandoned and the consequences of the decision to abandon it.”
United States v. Olaniyi, 796 F. App’x. 601, 604 (11th Cir. 2019) (citing Moran v.
Burbine, 475 U.S. 412, 421 (1986)). The Government must prove voluntariness by a
preponderance of the evidence. Lego v. Twomey, 404 U.S. 477, 489 (1972). In order
to properly conclude that a defendant waived his Miranda rights, the Court must find
that “the totality of the circumstances surrounding the interrogation reveal both an
uncoerced choice and the requisite level of comprehension . . . .” Olaniyi, 796 F. App’x.
at 604.
V. 	ANALYSIS
The issue before the Court is whether the conditions of Solages’ confinement
rendered his Miranda waiver and later July 2021 Statements involuntary. 	Solages
argues that he was tortured in the Haitian prison, and as such, his statements were
involuntary and should be suppressed. 	For the reasons stated at the Hearing and
below, the Court finds that the July 2021 Statements are not subject to suppression
as there is no credible evidence that they were involuntary.
As an initial matter, there is no allegation that his alleged torture was
perpetrated by the U.S. government. 	Instead, Solages advances the argument that
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the Government knew or should have known that Solages was being tortured as he
alleged, and therefore, his statements were not voluntary. 	The Court finds no
evidence to support Solages’ position that the Special Agents knew or should have
known that he was being tortured by the Haitian prison officials. 	Special Agents
Suarez and Loureiro testified that Solages never appeared with bruises or visible
injuries, nor did he complain of any mistreatment. 	Although Solages testified that
he had a broken hand, was hit over the head with a metal pipe, and was repeatedly
beaten on his genitals, ECF No. [1252] at 86: 4–18; 87:11–16; 83:1–25; 84:3–15,
Special Agents Suarez and Loureiro saw no bruising, no scars, and reported no
grimace or pained reactions from Solages despite sitting for long periods of time
during his lengthy interviews, each of which lasted several hours. 	Id. at 16:9–25;
67:20–25; 68:1–25; 69:1–2. 	According to the Special Agents, Solages only once
appeared with a cough and informed the agents of the hot, cramped, and unclean
conditions of his detention, but never of any physical abuse he endured. Id. at 57:7–
25; 58:3–8. The Court finds the testimony of Special Agents Suarez and Loureiro to
be credible. 	In contrast, Solages’ testimony that he informed the Special Agents of
the abuse lacks any credibility.
There is also no evidence that the Special Agents had any reason to know of
the torture alleged. 	Indeed, Special Agents Suarez and Loureiro both testified that
on occasions where suspects being interviewed in this case did present with visible
injuries or reported abuse, it was their practice to include such in their reports and
to take photographs of the injuries. Id. at 26:20–23; 67:12–18.
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Even assuming that Solages did suffer physical torture or abuse at the hands
of Haitian prison officials, that would be insufficient under these facts to find the
statements involuntary. 	In United States v. Olaniyi, the defendant challenged the
voluntariness of his statements because he was beaten by the Royal Malaysian Police
hours before his interview with U.S. law enforcement officials. Olaniyi, 796 F. App’x.
at 604. 	The Eleventh Circuit found that the statements were not subject to
suppression because the U.S. officials did not participate in the arrest and were
unaware of the defendant’s alleged beating. Id. The Court in Olaniyi held that the
defendant’s confession was not “causally linked” to the Royal Malaysian Police’s
alleged beating, and therefore, not subject to suppression. Id. Here too, the alleged
torture Solages endured was at the hands of foreign officials, and there is no evidence
that Special Agents Suarez and Loureiro participated in or were aware of the alleged
torture.
Finally, at the Hearing, Solages’ counsel argued that the United States was on
notice of Solages’ torture because the Report verified Solages’ allegations of abuse.
The Court sees no basis to impute the information in the Report to the United States.
The Report was not written by, nor is there any evidence that it was provided to, any
agency of the United States. There is no evidence that the any official of the United
States knew of the Report or would have had reason to know of the Report before the
July 2021 Interviews.
Based on the totality of the circumstances surrounding the three July 2021
Interviews, the Court sees no credible evidence to support that Solages’ statements
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were involuntary. Solages read and waived his Miranda rights, never stated that he
had been tortured in any way during his interviews, nor is there any evidence that
the Government knew of, much less participated in or condoned, the alleged torture
by Haitian officials.
Accordingly, and for the reasons stated herein, it is hereby ORDERED AND
ADJUDGED that the Motion, ECF No. [1155], is DENIED.
DONE AND ORDERED in Miami, Florida, this 12th day of January, 2026.
_________________________________
JACQUELINE BECERRA
UNITED STATES DISTRICT JUDGE
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