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News (Media Awareness Project) - US TX: Timing Of Pleas Baffles Lawyers Federal Prosecutors
Title:US TX: Timing Of Pleas Baffles Lawyers Federal Prosecutors
Published On:2001-04-19
Source:Dallas Morning News (TX)
Fetched On:2008-09-01 12:30:39
TIMING OF PLEAS BAFFLES LAWYERS; FEDERAL PROSECUTORS KEEP MUM ON DETAILS

SAN ANTONIO (AP) ­ Attorneys for eight police officers accused of
protecting Central Texas drug shipments say they are confused over timing
of plea bargains recently offered to their clients.

Federal prosecutors drafted and handed out the deals before the defense
attorney had seen all the evidence and before the judge set a trial, they said.

"I'm really perplexed by the offer," defense lawyer Jimmy Parks told the
San Antonio Express-News in Thursday's editions. "I don't understand the
timing of it."

The officers have reportedly been offered between eight and 22 years in
prison if they accept the plea bargain, instead of life sentences they
could face if they're convicted.

Assistant U.S. Attorney David Counts, the lead prosecutor, declined to
detail the offers.

The officers were arrested as part of an FBI investigation that began in
1997, after agents heard rumors that officers in the area had been working
with drug dealers.

Charged with attempting to possess and distribute cocaine were San Antonio
officers Conrad Fragozo, Patrick Bowron, David Anthony Morales, Peter
Saenz, Arthur Gutierrez Jr., Lawrence Bustos and Manuel Cedillo Jr.

Officer Alfred Valdes was charged with aiding the attempted possession and
distribution of cocaine.

Twelve people in all were arrested in the FBI's police corruption sting,
including Bexar County Sheriff's Deputy Richard Rowlett "Bucky" Buchanan,
who was charged with theft of public money.

Buchanan, 44, has been placed on proposed termination by the department,
and Sheriff Ralph Lopez said Buchanan will remain on leave without pay
until his case is resolved.

Legal experts say plea bargains are generally used to put pressure on
defendants to cooperate, which can help bolster a weak case.

Geary Reamey, a St. Mary's University criminal law professor, said the
officers' attorneys have a difficult choice to make because the plea offers
come when they have little information about the prosecution's case.

"Rushing people can work to the benefit of the government, particularly if
there are weaknesses in the government's case," Reamey said. "Even if there
are no weaknesses, it still gives the defense less time to prepare."

Counts said he has never used plea offers to pressure defendants and
cautioned anyone to underestimate the government's case.

"If somebody thinks there's a weakness there, they'll just have to make
their own call because there's not," Counts said.

Attorneys for Fragozo, Bowron, Cedillo and Gutierrez, confirmed that
prosecutors offered their clients deals, but they refused to reveal the
details.

Parks said he is not worried about any defendants accepting deals that
force them to testify against the others. The truth will vindicate
Gutierrez, he said.

Other lawyers said it's simply too early to evaluate any offer from the
government.

Only Roland Garcia, attorney for Buchanan, said he had already gotten a
plea proposal.

Lawyers for Morales and Valdes and civilian Albert Mata said they had not
yet met with prosecutors.
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