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BabyGirl
03-15-2005, 01:46 AM
Alleged Drug Lord Wants Evidence Suppressed

TAMPA - An alleged leader of the drug smuggling Cali Cartel wants the government to toss out evidence against him based on a clause in the Colombia constitution.

But federal prosecutors say the clause was bought by defendant Joaquin Mario Valencia-Trujillo in a $5 million bribe of Colombia's then-president and at least half of Colombia's congress.

A hearing is on for April 1 in U.S. District Court.

The international dispute centers on an August 2002 four-count indictment of Valencia-Trujillo, described by U.S. drug enforcement agents as equivalent in power to the late Pablo Escobar, a Colombian drug kingpin killed by U.S. agents in 1993.

It follows the extradition last week to Miami of the second half the Cali Cartel leadership - Miguel Rodriguez Orejuela, 61 - who is accused of running a drug network that stretched from Peru to New York. His brother, Gilberto Orejuela, 65, was extradited in December.

Authorities say the Cali Cartel smuggled up to 80 percent of the cocaine that entered the U.S. after Escobar's death.

Valencia-Trujillo, a 46-year- old multimillionaire, faces up to 40 years in prison if convicted of drug crimes between 1988 and 2002. He was extradited last year by the Colombian government headed by President Alvaro Uribe Velez and is held at a Tampa jail.

Prosecutors say the polished and politically connected Valencia-Trujillo was part of the Panama Express conspiracy that imported at least 100 tons of cocaine per year to U.S. shores.

Matthew Farmer, a Tampa lawyer representing Valencia- Trujillo, was traveling Monday and unavailable for comment, an assistant said.

In a recent motion, Farmer sought to have many of the charges against Valencia-Trujillo thrown out because the alleged crimes came before Dec. 17, 1997.

That's a key date because that's when the Colombia constitution was amended to bar the Colombian government from introducing, for any purpose, evidence of any alleged crimes done before that time by extradited defendants.

Joe Ruddy, an assistant U.S. attorney who is prosecuting the case, said it's been widely reported since the mid-1990s that former Colombian President Ernesto Sampar, and much of Colombia's then- Congress, ``had been compromised'' by bribes from Cali drug lords.

``The Clinton administration expressed concern about that,'' Ruddy said. ``Now, it's kind of ironic they're utilizing an overt act in the conspiracy as a method to shield and protect defendants from prosecution.''

Ruddy's legal response to Valencia-Trujillo's motion said the government would present evidence that the defendant bribed the Colombian government to amend the constitution as a way to prevent future extradition for drug crimes.

Charges against Valencia- Trujillo include conspiring to import cocaine to the U.S. and to distribute drugs, while engaging in millions of dollars worth of money laundering.

Trial is scheduled for Sept. 7 and could last several months.