Pubdate: Fri, 08 Sep 2000
Source: Tampa Tribune (FL)
Copyright: 2000, The Tribune Co.
Contact:  http://www.tampatrib.com/
Forum: http://tampabayonline.net/interact/welcome.htm
Section: Florida Metro page1
Author: Ace Atkins, Tampa Tribune
Related: http://www.mapinc.org/drugnews/v00/n901/a11.html

COCAINE CASE DISMISSED IN FEDERAL COURT

TAMPA - The speedboat was called a floating gas station by federal agents 
when it was stopped about 60 miles off the coast of South America in July.

While agents didn't find any drugs on it, they said it was used to refuel 
two other speedboats bound for the United States loaded with 5 tons of cocaine.

Thursday, the government's case against the four crewmen was dismissed for 
lack of evidence. Defense attorneys said the dismissal could set a 
precedent threatening an ongoing investigation based in Tampa that has been 
shrouded in mystery.

As part of the investigation, federal agents so far this year have seized a 
number of vessels in the eastern Pacific, confiscated more than 17 tons of 
cocaine and charged 40 crewman with conspiring to distribute. But agents 
have steadfastly refused to discuss the seizures.

Thursday's case was the second of seven to be heard in U.S. District Court.

The first, against five Colombians arrested in June, ended last week with 
the men pleading guilty to conspiracy to distribute cocaine.

Ray Lopez, an attorney for the cleared men, said this case sets a precedent 
for future trials. But federal prosecutors said they have ample evidence to 
move ahead with their next cases.

"We believe our other cases are strong and don't anticipate a similar 
decision with any of them," said spokesman Steve Cole of the U.S. 
Attorney's office.

Lopez said the cases contain a key weakness - the arrests occurred outside 
U.S. jurisdiction.

"What we're having is piracy against people who don't understand the proper 
protocol,'' Lopez said. "If this is the government's war on drugs in the 
eastern Pacific, they've lost their first battle."

Defense attorneys argue the U.S. government had no right to seize vessels 
or make arrests in the eastern Pacific.

Danny Castillo, who is representing crewmen in two cases, alleged federal 
officials failed to follow all the requirements of a U.S. treaty with 
Colombia involving boat seizures.

"This first case is good news," he said. "It shows the government is not 
always right."

The four men whose cases were dismissed are Levson Valanta, Alfred 
Mosquera, Alexander Cuero, and Elias Santiesteban.

They are not yet free; they now face deportation proceedings, Lopez said.
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