Caracas, October 8, 2026 (venezuelanalysis.com) – US District Judge Alvin Hellerstein denied a request by Venezuelan First Lady Cilia Flores to be released from jail and allowed to face trial under house arrest in New York following reported health problems.
The Southern District of New York judge argued in a bail hearing on Thursday that Flores posed a “substantial flight risk” and dismissed assurances from defense attorney Mark Donnelly that she would not flee.
“With all the money at stake and all the contacts Ms. Flores has with the Venezuelan government and the people who make it up, the risk is serious. There is no combination of conditions that would make that risk any less serious,” Hellerstein said.
In a court filing submitted in early September, Flores’ defense team requested that the 69-year-old be transferred to a private residence in New York with armed guards around the clock, an electronic monitoring bracelet, restricted visitors, and monitored phone calls.
Flores and Venezuelan President Nicolás Maduro were kidnapped by US special forces on January 3. They have been detained at the Metropolitan Detention Center in Brooklyn while facing “narco-terrorism,” drug trafficking conspiracy, and weapons possession charges.
Flores’ lawyers have pleaded that she requires extensive cardiac treatment and that the prison does not provide the necessary conditions for her care. Attorneys added that the Venezuelan first lady, who is also a legislator, would cover the transfer costs and offered to surrender her passport as an additional assurance of remaining in custody.
The filing describes episodes of chest pain, arrhythmia, difficulty breathing, and a weight loss of more than 24 pounds since her detention. It also claims that Flores may have suffered a mild heart attack on July 29.
A group of demonstrators gathered outside the courthouse, demanding that the Venezuelan first lady’s health concerns be addressed and protesting the “illegal” abduction and prosecution of the presidential pair.
Hellerstein’s denial of bail coincided with US Justice Department prosecutors filing a new indictment against Maduro and Flores, expanding the charges they face in the United States.
The superseding indictment, backed by US Attorney General Todd Blanche, US Attorney for the Southern District of New York Jamie McDonald, DEA Administrator Terrance C. Cole, the secretary of the Department of Homeland Security, and FBI Director Kash Patel, accuses them of conspiring to torture political opponents, military personnel, and other detainees, including three US citizens.
The prosecution’s filing alleges coercion, electric shocks, and threats against family members, among other practices. Prosecutors claim that after taking office in 2013, Maduro “oversaw a system designed to employ torture, arbitrary detention, and violence as means of repression against the political opposition.”
“As alleged in the indictment, the Maduro regime subjected American citizens to torture while held in custody of the Venezuelan government […]. Today’s charges reflect the commitment from this FBI and this Department of Justice to accountability, the rule of law, and the protection of U.S. national security,” FBI Director Kash Patel stated.
Maduro’s attorney, Barry J. Pollack, said his client denies the allegations in the new indictment and looks forward to his day in court. The updated indictment added “narco-terrorism” to the accusations against Flores.
The document also names Nicolás Maduro Guerra, the former president’s son; current Interior Minister Diosdado Cabello; former minister Ramón Rodríguez Chacín; and Héctor Guerrero Flores, alias “Niño Guerrero,” the leader of the Tren de Aragua gang, who was reported killed in a US military operation inside Venezuelan territory in June.
Last week, US prosecutors challenged Maduro’s claim to sovereign immunity, arguing the White House had not recognized him as president and that the Venezuelan government had never requested that he be granted such status. They said, however, that Caracas had pursued a similar request for Acting President Delcy Rodríguez in a separate civil lawsuit.
Hellerstein is scheduled to hear oral arguments from both sides on the immunity question on November 17. The US government has asked the court to reject motions filed by Maduro and Flores seeking dismissal of charges. If the case proceeds, the trial is scheduled to begin in June 2027.
The Venezuelan government has not commented on the latest charges against the Venezuelan president and first lady or on their legal claims to immunity.
Edited by Ricardo Vaz in Caracas.
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