Godoy Toscano was charged in July 2009 with ties with La Familia Michoacana, a quasi-religious drug cartel based in Michoacán state that smuggle methamphetamine and marijuana to the U.S. The Federal Police alleged that Godoy Toscano was in charge of ensuring protection for La Familia drug cartel. Godoy avoided arrest and he remained a fugitive for 15 months.
Immunity from prosecution
In a bizarre legal development that took place on September 23, 2010, he evaded police checkpoints installed to prevent his entry to the Chamber of Deputies after a judge granted him an injunction, allowing him to be sworn in despite the 2009 arrest warrant and acquired parliamentary immunity, as all Mexican elected officials do while in office. A spokesman for the Mexican Attorney General's Office said the injunction was granted because the judge felt Godoy's political rights had been violated by not letting him take his oath of office, and had nothing to do with the actual criminal case. However, the arrest warrant against Godoy Toscano remains valid. His position as a deputy gave him immunity, but the federal Attorney General's Office pressured legislators for his impeachment. One of the reasons the immunity exists is to shield sitting legislators from judicial harassment by opposition parties. It can be taken away only with a majority vote by legislators – the situation in which Godoy found himself. In October 14, 2010 the Federal Police "leaked" to the media one of several audio recordings of a conversation between Godoy and drug lordServando Gómez Martínez. In the conversation – reportedly dating from July 12, 2009 – mutual favors and recommendations are shared between the two. In the conversation, drug lord Gómez Martínez asks Godoy to get the governor to intercede at the federal level "so the police will stop interfering". Five days after the leak of this recording, on October 19, Godoy resigned to his affiliation to the PRD in order to "reduce the negative exposure" to his political party, while his peers at the PRD demand he faces the criminal charges, whether impeached or not. On October 2010 he had an additional charge for money laundering, and of having received 25 million pesos from drug lord Servando Gómez Martínez.
Impeachment
On 14 December 2010, his fellow legislators impeached Godoy and revoked his immunity after voting 384-2, with 21 abstentions, though he could resume his legislative duties if exonerated of the charges. His replacement is Israel Madrigal Ceja. Godoy is a fugitive again and is currently charged by the Attorney General of Mexico with ties with organized crime and money laundering, and he is expected to defend his own case in court if/when arrested. Mexico's Attorney General said on December 17, 2010 that he was calling on Interpol to help authorities capture Godoy.