Joaquin “El Chapo” Guzman is only whining about his lack of earplugs and outdoor activity as an elaborate ruse to escape prison ahead of sentencing, according to a new court filing.

Guzman, 61, claimed earlier this month he’d been forced to shove toilet paper in his ears to mask the din of prison, and had nothing but an indoor exercise bike to maintain his physique.

Yet prosecutors say the convicted kingpin never bothered to ask the Bureau of Prisons for such luxuries, which would have been denied anyway due to his extreme security measures.

“In this case, any outdoor exercise time would be particularly problematic for this defendant,” the government writes Brooklyn federal Judge Brian Cogan. “The defendant has successfully planned and executed elaborate escapes from two high-security penal institutions. As detailed at trial, one of the defendant’s escapes involved the construction of a sophisticated, ventilated tunnel that stretched for over a mile. Certainly, an escape via rooftop, using a helicopter, or any related means would be elementary by comparison.”

They even go so far as to cite a 1981 New York Times report about an attempted rooftop jailbreak at the Metropolitan Correctional Center, in which an inmate’s cohorts hijacked a helicopter and rammed it into the wiring atop the prison. The plot was foiled.

As for the earplugs, prosecutors say Guzman wouldn’t be given them anyway, as they’re restricted to prevent inmates from using them as a “ruse to ignore, or pretend not to hear, the guards’ orders.”

Regarding his request for more bottles of water to spare him from the moldy prison pipes, the filings say he is lying — and that prison records show he has been receiving six bottles weekly since April.

Guzman was convicted in February on various drug trafficking charges, and faces life behind bars when sentenced. Sentencing is scheduled for June 25.

Defense attorney Jeffrey Lichtman called the filing “hysterical.”

This article was originally posted here