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. - --- MAP posted-by: Larry Stevens