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Defense says prosecutors botched drug cartel case

Attorneys for an alleged Colombian drug lord say the prosecution has made a fair trial impossible.

By CARRIE WEIMAR
Published June 23, 2006

TAMPA - Assistant U.S. Attorney Joseph Ruddy received a mysterious phone call almost two months ago. A private investigator claimed to know about a money-laundering plot involving Ruddy's highest-profile case and wanted to meet with him.

The call triggered a series of events that now threatens to undermine one of the most significant drug arrests in recent history.

Arguments are scheduled to conclude today in a hearing regarding Joaquin Valencia-Trujillo, a Colombian businessman described by federal prosecutors as a kingpin in the Cali drug cartel.

Valencia-Trujillo's attorneys asked U.S. Magistrate Judge Elizabeth A. Jenkins to take the dramatic step of dismissing the case against their client. They say the government's actions, which include detaining a defense investigator as he returned from Colombia and seizing his records, have irreparably harmed Valencia-Trujillo's ability to receive a fair trial.

"In the annals of American justice, there has not been a case of such a severe governmental misconduct that so damages the concepts of fairness and justice as the case we have before this honorable court," defense attorney Ronald J. Kurpiers wrote in a motion to Jenkins.

Prosecutors say they were simply investigating potential criminal conduct and took great pains to ensure they didn't taint the case.

Valencia-Trujillo is accused of using dozens of front companies to transport more than 100 tons of cocaine a year into the United States. His personal fortune is estimated at more than $500-million.

Valencia-Trujillo allegedly ran one of the largest-ever maritime drug smuggling operations, using several shipping and paper companies in South America and Florida, including America Paper Inc. in Miami and Caribbean Fisheries in Jacksonville, according to court records.

He was arrested in Colombia in 2003 and extradited to Tampa in 2004. His trial is scheduled to start July 5.

Valencia-Trujillo was well known in Florida horse country as one of the top breeders of Paso Fino horses. His Colombian farm, La Luisa, was considered one of the best breeding stables in the world.

The case has been delayed multiple times. Ruddy was threatened with sanctions more than once for being slow to provide information to defense attorneys.

The latest wrinkle began with the mysterious phone call to Ruddy on April 27.

James Gahan, an investigator who was working for the defense, arranged to meet with Ruddy and two federal agents to discuss the Valencia-Trujillo case.

They met the morning of April 29 at the federal courthouse in Tampa. Gahan told Ruddy and the agents that Valencia-Trujillo and his family were planning to re-sell Paso Fino horses seized by the government to raise money for a private attorney.

Under federal law, assets believed to be drug-related can't be used for a suspect's defense.

Gahan wasn't involved with the criminal case and was working only to help locate assets that could be used to hire a private attorney for Valencia-Trujillo, according to court testimony.

Gahan told the agents he was afraid he was getting trapped in something illegal and feared for his safety, according to court testimony.

"It raised some very serious questions," testified FBI agent Rod Huff, who was at the April 29 meeting. "When the subject of potential felonies came up, we're not going to discontinue the interview."

Gahan said he had documents to prove his story. Huff, along with DEA agent Joe Schleigh, drove to Gahan's office in Orlando to retrieve them.

Schleigh and Huff testified they sealed the documents in a box and brought it back to Tampa, where it was eventually placed in the U.S. Attorney's Office.

Huff also said Gahan told him another defense investigator, George Scott, was in Colombia, and planned to help Valencia-Trujillo in his illegal plan to raise money.

The information prompted the Immigration Customs Enforcement agency to set up a lookout for Scott, who was detained in Miami as he tried to re-enter the United States on May 4. Customs officials seized Scott's documents, which included a 23-page defense plan, according to court documents.

The U.S. Attorney's Office said they were aware of the potential conflicts created by the investigation. They set up a special team to look into Gahan's allegations and did not share their findings with Ruddy or others involved in the prosecution.

Valencia-Trujillo's attorneys said the response was inadequate. The access prosecutors and investigators had to internal defense documents make it nearly impossible for them to prepare an adequate case for Valencia-Trujillo, they said.

"The facts, as this honorable court is well aware, show that the government's attempt at establishing a wall has revealed nothing more than a chain-linked fence," Kurpiers wrote.

Assistant U.S. Attorney Robert Mosakowski was the leader of the prosecution's "taint team." On May 10, he decided to drop the investigation, saying he had serious questions about Gahan's motives and credibility.

Gahan is not a licensed private investigator, according to court testimony. Martin Cordell, the lawyer who hired Gahan, said Gahan's son lives in Valencia-Trujillo's house in Colombia.

Gahan was not in court Thursday to defend himself. He couldn't be located to serve with a subpoena.

Carrie Weimar can be reached at 813 226-3416 or cweimar@sptimes.com.

[Last modified June 23, 2006, 05:36:49]