Author: Jan Vertefeuille, The Roanoke Times Source: The Roanoke Times (Southwestern Virginia) Contact: Friday, February 06, 1998 REAL ESTATE BROKER, COLOMBIAN NATIVE ON TRIAL As Of Morning, No Verdict Reached In Case Of Dealer's Co-defendants Earl Frith of Floyd County is charged with accepting $40,000 in purported drug money. Jurors loudly argued with each other late into the night Thursday in the trial of two of Javier Cruz's co-defendants, still deliberating as to whether a Roanoke-area real estate broker and a Colombian man from Miami played roles in Cruz's cocaine trafficking ring. Closing arguments in the trial of Earl Frith of Floyd County and J.R. Castellanos of Miami took all day Thursday, wrapping up at 5:30 p.m. The jury began deliberating about 6 and was still at it after midnight. Loud voices could be heard coming from the jury room. Frith, 63, owner of Roanoke Land & Auction Co., is charged with accepting $40,000 in purported drug money from Cruz's wife, Pamela, in a federal government "sting" operation after the Cruzes were arrested by Drug Enforcement Administration agents in 1991. He also is accused of structuring bank deposits to prevent federal authorities from learning of $16,000 in cash Javier Cruz paid him for cows in a separate transaction. Castellanos, a Colombian native, is charged with conspiring to import cocaine and to distribute cocaine. He is accused of managing cocaine trafficking operations for Cruz's New York boss, Leonardo Rivera. Frith and Castellanos were the only two arrested so far in the far-flung conspiracy case who have pleaded not guilty. Both Cruz and Rivera cooperated with the government in making a case against them. The defendants, who did not know each other, made an odd pair -- a fact readily acknowledged by prosectors. "You were probably struck when you first sat down ... by the contrasts in this case," Assistant U.S. Attorney Joe Mott told the jury. "What draws these men together is money." Mott argued that Frith knew that banks had to report cash transactions of more than $10,000. Testimony showed that Frith made two $8,000 deposits after Cruz paid him $16,000 for cattle. "This whole drug business backs up if they can't launder the money," Mott said. "And that's where the Earl Friths of the world come in." He said the IRS agents running the sting gave Frith two chances to turn down Pamela Cruz's money -- and he didn't take them. But defense attorney David Walker countered that Frith was set up by IRS criminal investigator Dana White, who was eager to be part of the Cruz investigation. "You have what is developing to be one of the biggest drug cases ever in this country, never mind this area, and she needs a defendant in it," Walker said. Walker said his client was "irate. This has ruined his business, ruined his life." Frith has testified he took the $40,000 from Pamela Cruz because he was frightened of her husband. Walker and defense attorney Joaquin Fernandez, who represented Castellanos, spent part of their closing arguments attacking the government's use of informants in the case. Prosecutors made deals with the two most culpable individuals caught so far in the conspiracy and paid them to help gather information on Colombian traffickers. Javier Cruz and Leonardo Rivera were also paid. "What happened to the concept that bad guys should be in jail and not out on the street getting $300,000 of our tax money?" Fernandez asked. He argued that there was nothing to corroborate Rivera's testimony that Castellanos trafficked in cocaine. "All we have is his word -- no tapes, no nothing." Prosecutor Bruce Pagel argued that it should have been obvious to Frith that Cruz was not a legitimate businessman when the drug trafficker moved to Floyd County in 1989. "Who wouldn't know this guy was a drug dealer?" Pagel asked the jury. The main evidence against Castellanos came from Rivera's testimony. Rivera said he had incriminating telephone conversations with Castellanos after he began cooperating with the DEA, but they can't be found, a prosecutor said.