In November 2025, John Anthony Castro filed an emergency motion for mistrial alleging serious constitutional violations during his federal prosecution.
The motion asserts that prosecutors entered into undisclosed agreements with witnesses, including a criminal immunity deal granted to Linda Rivera, without disclosure to the defense. Castro also contends that key stipulations were presented without his consent or adequate opportunity to consult with witnesses.
In its response filed on Thanksgiving, the government prosecutor on the case, Lauren Murphy, conceded that Castro’s Sixth Amendment rights were violated because he did not have the opportunity to discuss stipulations with witnesses. The government further acknowledged that evidence had been suppressed.
However, the government’s 54-page response brief did not address the alleged criminal immunity deal granted to Linda Rivera. Castro’s legal team argues that the government’s failure to respond constitutes forfeiture of that issue.
On December 8, the Fifth Circuit denied Castro’s motion for release. Castro maintains that procedural rules requiring a government response on certain issues were not enforced.
In December, Stephen Gilstrap, Chief of the Appellate Division at the Department of Justice and reportedly connected to oversight of the case, resigned.
Castro’s attorneys are preparing to file an expedited motion for default ruling, asserting that the government’s concessions warrant immediate release. Castro has also filed a writ of mandamus seeking to compel lower courts to issue rulings.
Castro maintains that his continued incarceration, despite acknowledged constitutional violations, renders him a political prisoner. He has indicated his intention to pursue all available legal and international remedies.
Further updates will be provided as developments occur.
Submitted by Renaldo McKenzie, Editor-in-Chief, The Neoliberal