Pubdate: Fri, 21 Oct 2005
Source: Miami Herald (FL)
Copyright: 2005 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Author: Dan Christensen

APPEALS COURT UPHOLDS KINGPIN SENTENCE

An Appeals Court Backed The 30-Year Sentence Of A Colombian Drug
Chieftain

A federal appeals court in Atlanta Thursday upheld the 30-year drug
trafficking sentence of Colombian drug lord Fabio Ochoa in Miami.

At the same time, the three-judge panel that heard Ochoa's appeal
warned South Florida federal judges that they must not secretly docket
court cases to hide their existence from the public.

Interim U.S. Attorney R. Alexander Acosta hailed the ruling as a
victory for his office.

He also indicated his office would no longer be a party to secret
court cases.

''Our nation can now enjoy a sense of finality in this matter,''
Acosta said in a prepared statement. ``The Office will comply with the
Court's ruling regarding the sealing issue in all future
proceedings.''

Medellin Cartel

Ochoa, a leader of the Medellin drug cartel in the 1980s, was snared
in the U.S. Drug Enforcement Administration's Operation Millennium
probe in 1999, and was extradited from Colombia in 2001 to stand
trial. Authorities say he was part of a conspiracy to smuggle in as
much as 30 tons of cocaine a month via Mexico.

Ochoa hired a defense team led by celebrity lawyer Roy Black of Miami
and sought to admit evidence about an illegal bribes-for-leniency scheme.

Ochoa contended it was a corrupt, government-run program, but
prosecutors denied it and placed the blame on a renegade DEA informant.

Ochoa appealed his May 2003 conviction arguing, among other things,
that prosecutors and the courts had used a secret docketing system in
the Southern District of Florida to suppress evidence in his case.

The court's docketing system, Ochoa claimed, was used to shield
prosecutions of possible defense witnesses with knowledge of a U.S.-
backed bribes-for-leniency scheme that had victimized him.

In one 2002 case cited by Ochoa, Miami U.S. District Judge Patricia
Seitz convicted, sentenced and imprisoned Colombian drug dealer
Nicolas Bergonzoli in complete secrecy.

In its 84-page order, the appeals court rejected as ''unpersuasive''
Ochoa's claims that such secrecy had prejudiced his defense because a
judge unsealed those dockets during his trial.

But the court did invoke its supervisory authority ``to remind the
district court that it cannot employ the secret docketing
procedures.''

The appeals court noted it had explicitly declared such procedures
unconstitutional a decade ago.

The court also found that court orders sealing specific documents also
violated the First Amendment by failing to explain why such
extraordinary secrecy was necessary.

Public Access

Sanford Bohrer, a Miami First Amendment lawyer whose clients include
The Miami Herald, said the ruling ``reaffirms the public's
constitutional right to attend criminal trials and related
proceedings, including the right to have a publicly accessible,
unsealed docket showing the status of the case and what has been
happening.''

The appeals court also approved the use of an anonymous jury to try
Ochoa and turned aside Ochoa's arguments that such secrecy had allowed
prosecutors to remove jurors in ``a racially discriminatory manner.''

Fear of threats and violence prompted the decision to use an anonymous
jury.
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MAP posted-by: Larry Seguin