Pubdate: Mon, 24 Apr 2000 Source: San Diego Union Tribune (CA) Copyright: 2000 Union-Tribune Publishing Co. Contact: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440 Website: http://www.uniontrib.com/ Forum: http://www.uniontrib.com/cgi-bin/WebX Author: Anna Cearley, Staff Writer Related: http://www.mapinc.org/drugnews/v00/n521/a11.html EVIDENCE STILL SCANT IN KILLING OF POLICE CHIEF Judge In Tijuana Declines To Order Key Suspect's Arrest TIJUANA -- State prosecutors say they still believe Police Chief Alfredo de la Torre Marquez was killed on the orders of drug traffickers. But so far they can't prove it in court. Their biggest setback came when a Baja California judge refused to issue an arrest warrant for Vicente Zambada, who authorities suspect arranged the Feb. 27 slaying on behalf of a Sinaloan drug cartel. "With the information we have, the warrant would not have been legally valid," said Judge Maria de Jesus Lopez Gonzalez. "Judges have to be very careful to not approve such warrants without sufficient proof." Prosecutors also have been stymied because three additional suspects accused of carrying out the killing -- including an assistant police chief who is thought to have mapped out the assault -- are still at large. Authorities say some or all of the three may provide the crucial tie to Zambada. Olga Jimenez, head of the Baja California Attorney General's Office in Tijuana, said state officials still believe Zambada is connected to the crime, but added they need to find more evidence. She said she does not consider the judge's decision a blow against the state's case. "We know that there are more people who were involved, and we have orders of arrest against some of them," Jimenez said. "At any time they may be detained, and with the declarations that they make we may be able to strengthen our request." Until recently, prosecutors had been relying on statements by Jaime Ramon Alcala Garcia, one of the seven suspects arrested in the case, to link the killing to Zambada. But during judicial proceedings, which in Mexico give suspects the right to confirm or deny what they said during interrogation, Alcala denied saying such a thing. Even if Alcala had not denied making the statement, the judge said, it would have been inadmissible hearsay unless prosecutors could explain how and when Alcala learned about a connection to Zambada. Zambada's father is Ismael Zambada Garcia, a reputed drug baron in the state of Sinaloa. In 1998, Ismael Zambada was one of six suspected drug traffickers targeted by the Mexican government. A reward of 4 million pesos (about $463,000 at the time) was offered for information leading to his capture. Baja California officials say they believe the Zambadas engineered a killing rampage that took the lives of 15 people over the past year, including the police chief. Prosecutors said the Sinaloan drug traffickers wanted to increase their presence in Baja California, which is thought to be controlled by the rival Arellano Felix cartel. U.S. agents who monitor drug trafficking in Mexico told The San Diego Union-Tribune their sources said Chief de la Torre was working for the Tijuana-based Arellanos. The de la Torre family and local officials deny the allegation. Those same sources said the Zambadas oversaw the killing. The FBI has agreed to help search on the U.S. side of the border for two of the three suspects still at large: Tijuana Assistant Police Chief Juan de Dios Montenegro and police Officer Praxedis Osuna Solis. Some say the men have fled to the United States. Others think their bodies will turn up in a culvert, adding to the growing list of homicides along Baja California's border region. The seven suspects already in custody have been transferred to a Mexico City prison for security reasons. For now they are facing charges related to de la Torre's death, but state officials predict some or all of the seven will face additional charges and trials in connection with the other 14 killings. But not everyone believes proof will be found to link them to those slayings. Jesus Blancornelas, editor of the respected weekly Zeta, wrote last week that the state seems to be taking a long time to follow through on its earlier statements. Technically, the trial for the de la Torre killing has been in progress for weeks, even though hundreds of miles separate the men from their Tijuana attorneys and the Tijuana-based judge. All the men are being represented by public defenders, who have been collecting testimony from their clients that might punch holes in the prosecution's case. If the judge has a question, such as where a certain suspect was at a certain time, she requests that information through the defense attorneys. A court in Mexico City takes the suspects' testimony, then the documents are stamped, sealed and flown to Tijuana, where the information is forwarded to the judge. Under Mexico's judicial system, the judge rather than jurors decides the case. The suspects' statements are not available for public review, but are considered crucial to the prosecution's case. Two of the seven have admitted participating in the killing of de la Torre, 49, public defenders said. The others have contested the accusations, mostly in terms of what kind of role they played in the crime. Other evidence, however, may be sketchier. Blood and fingerprint tests have been done, but it is not known whether they provide any proof. Forensics specialists have tested bullets found at the crime scene and say they match weapons confiscated from the suspects. But defense attorneys say that does not mean their clients are directly linked to the killing. Still, public defenders in this politically charged case have their work cut out for them. "It's one of the most difficult cases we've faced in years," said Manuel Ramirez, who is in charge of the Public Defender's Office. The de la Torre family has maintained a low profile since the death of its patriarch. Antonia Brenner, a nun based in Tijuana who has spoken on behalf of family members, said they have changed their phone number because of an onslaught of calls from the media and public. "They are at a grieving point of their lives, and they want to have the time to accept the reality of what has happened to them," she said. - --- MAP posted-by: Jo-D