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News (Media Awareness Project) - US FL: Judge To Permit Agents' Disguises In Drug Trial
Title:US FL: Judge To Permit Agents' Disguises In Drug Trial
Published On:2006-11-23
Source:Sun-Sentinel (Fort Lauderdale, FL)
Fetched On:2008-01-12 21:24:06
JUDGE TO PERMIT AGENTS' DISGUISES IN DRUG TRIAL

Israeli Officers Must Use Real Names, Though

Miami - A federal judge agreed Wednesday to allow Israeli undercover
agents to testify in disguises in the upcoming trial of an alleged
Ecstasy kingpin but refused a government request that they not use
their real names.

U.S. District Judge William Dimitrouleas determined the six agents
would not be completely hidden if their costumes are limited to wigs,
makeup and facial hair for men. Defense lawyers for the accused
kingpin, [redacted] , had objected to the testimony in disguise,
saying it would violate his right to confront one's accuser.

"This is not a situation where the witnesses are not physically
present in the courtroom and are testifying remotely," Dimitrouleas
ruled. "Defendant's counsel and the jury will all be capable of
viewing firsthand the reactions of the witnesses to both direct and
cross-examination."

The judge sided with [redacted] , however, in rejecting prosecutors'
proposal that the Israeli agents use only "officer numbers" instead of
their names when they testify. The true identities will help defense
lawyers delve into their professional backgrounds and personal lives
for cross-examination purposes.

The Israeli government asked for these protections to provide cover
for the Israel National Police officers, saying it was common practice
in Israel. But Dimitrouleas said that wasn't a good enough reason for
such protections in a U.S. court.

"Having chosen to extradite [redacted] to the United States, however,
they must now conform to the procedural trial protections mandated by
the U.S. Constitution," the judge wrote.

[redacted] is scheduled to go to trial in January on charges of
conspiracy to distribute in the United States more than 1 million
pills of the synthetic drug MDMA, more commonly known as Ecstasy.
He is on the U.S. list of 44 top worldwide drug traffickers.
He has pleaded not guilty and has been held without bail since his
extradition from Israel in March.

Dimitrouleas also granted a request from prosecutors and the Israeli
government that the agents not be questioned about specific
surveillance techniques, but said they could be questioned about the
physical locations of observation posts.

Federal prosecutors declined comment. His defense lawyer
could not be reached for comment, despite an e-mail message seeking
comment Wednesday after office hours.
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