Pubdate: Tue, 25 Jan 2000
Source: Orlando Sentinel (FL)
Copyright: 2000 Orlando Sentinel
Contact:  http://www.orlandosentinel.com/
Forum: http://www.orlandosentinel.com/interact/messageboards/
Author: Susan Clary of The Sentinel Staff

JUDGE ACQUITS FORMER ORANGE DEPUTY IN DRUG CASE

A month after a jury convicted a former Orange County reserve deputy
on a drug charge, a federal judge has granted an acquittal.

Eddie Tosado, 27, who worked as a bail bondsman at the time of his
arrest, was convicted in December of conspiracy to possess with intent
to distribute heroin after a three-day trial.

Tosado was indicted last fall as part of an investigation by a
local-federal partnership created to combat drugs.

U.S. District Judge G. Kendall Sharp said that the government only
showed evidence of a buyer-seller relationship, which did not prove
Tosado was part of the conspiracy. "Mere association is not enough,"
Sharp wrote.

Prosecutors alleged Tosado met four men, including three of the
ringleaders, in July 1998 after the men had been arrested on state
drug trafficking charges and needed help with bond.

Though Tosado's company could not provide them with bond, he helped
them secure the money elsewhere in exchange for a fee.

When one of the men fled, Tosado threatened to revoke the bonds of the
three other men and reveal their illegal drug activity if they did not
pay him $25,000 to cover the bond.

Prosecutors alleged Tosado bought heroin from one of the men on three
occasions, introduced him to a potential buyer and gave another man
advice after he was stopped by police.

Tosado's attorney, Donald Lykkebak said Monday the judge's decision
was a matter of law. Tosado denied buying heroin at trial.

"They were angry at him because they were paying him money, and they
didn't feel they should," Lykkebak said.

Deputy Managing Attorney Ralph Hopkins of the U.S. Attorney's Office
said prosecutors have not decided whether they will appeal the ruling.
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