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News (Media Awareness Project) - US TX: Judge Says Cops Face Overwhelming Case
Title:US TX: Judge Says Cops Face Overwhelming Case
Published On:2001-03-27
Source:San Antonio Express-News (TX)
Fetched On:2008-09-01 15:18:56
JUDGE SAYS COPS FACE OVERWHELMING CASE

Declaring that the evidence appeared overwhelming, a federal magistrate
Monday told four police officers they likely face long prison sentences for
renting themselves out as bodyguards to cocaine traffickers.

U.S. Magistrate Judge John Primomo made the prediction after a five-hour
hearing that amounted to Round 1 in the largest police corruption case to
rattle San Antonio in nearly two decades.

In all, nine law officers and two civilians are indicted on charges that
they attempted to aid a cocaine trafficker who was, unknown to them, an
undercover federal agent. A 10th officer, a deputy sheriff, faces a theft
charge.

In a courtroom so crowded that extra chairs were rolled in, the hearing
revealed the first detailed glimpse of the evidence, primarily secretly
recorded videotapes.

Sometimes crisp, sometimes blurry, the images showed men -- allegedly the
accused officers and an accomplice -- talking about cocaine shipments,
counting cash and showing off their weapons, including a .40-caliber Glock
with laser sight.

Edited into short segments, almost like coming attractions, the videos all
starred an FBI agent identified in court only as "Ricardo."

On June 15, 2000, Ricardo was recorded allegedly explaining the mechanics
of the deal to a newly recruited officer.

"It's cocaine. So it's not marijuana, so it don't smell a whole lot ... but
you're not gonna handle it anyway," the agent said. "All you're gonna do
is, uh -- you guys, tell him."

One man, identified by authorities as San Antonio Police Officer Patrick
Bowron, responded: "I did."

Another voice, said to belong to Sgt. Conrad Fragozo Jr., added: "Yeah, I
told him a little bit about it."

The detention hearing began with prosecutors asserting that five officers
admitted to the charges shortly after they were arrested last week.

Hours later, the proceeding ended with officers' relatives scurrying to
come up with the bond money that would set their loved ones free, at least
temporarily.

Primomo, in the same breath that he predicted conviction, made it possible
for four officers to be released despite prosecutors' protests that the
officers' promises to stay would prove as "hollow" as their oaths to serve
and protect San Antonio.

Ruling that the government had failed to prove that the officers' release
would endanger the community or that the defendants would flee, Primomo set
bond at $100,000, with $10,000 in cash, for each of the four officers
present in court.

The remaining eight defendants -- six law officers and two civilians -- are
scheduled to argue for release at a similar hearing set for today.

"From the evidence I heard, I think the likelihood for conviction is
overwhelming," Primomo said.

Charged with attempting to possess and distribute cocaine were SAPD
officers Sgt. Fragozo, 36; Bowron, 27; Peter Saenz, 31; Arthur Gutierrez
Jr., 38; Lawrence Bustos, 37; Manuel Cedillo Jr., 35; Alfred Valdes, 28;
and David Anthony Morales, 39.

Facing the same charges are former Bexar County Reserve Deputy Constable
Gilbert Andrade Jr., 28, and civilians Albert Mata, 39, and Edward Fragozo,
37, uncle of the SAPD sergeant.

Richard Rowlett Buchanan, 44, a Bexar County sheriff's deputy, was charged
with theft of public funds.

Authorities allege he broke into a vehicle in July 1998 and took $2,000.

For much of the day, a priest, a county probation officer and a parade of
wives, mothers and other relatives of the accused came forward to describe
the defendants as loving and reliable fathers, husbands and friends.

One of the officers, Bustos, somber and unshaven, also testified that he
needed to be free to support his wife and three children.

For their part, prosecutors called no witnesses, letting the videotapes
speak for themselves

In one brief snippet, dated Sept. 21, 2000, the undercover agent called
"Ricardo" asks a man identified by prosecutors as Bustos if he is
comfortable with transporting 75 kilograms of cocaine.

"Yeah, as long as I don't, you know, touch it, see it," the man in the
video responded.

In another video clip from the same day, a man identified by the government
as Bowron talked about cocaine and doing "a line or two."

A sequence dated Dec. 19, 2000, depicts Gutierrez acknowledging that the
bundles he is being paid to guard contain "a little coke."

Another piece from Sept. 21 shows a man said to be Sgt. Fragozo frisking an
apparent drug trafficker, in reality a second FBI agent.

The officer then sits down as the men he allegedly believed to be drug
dealers counted 15 bricks of cocaine, stacking one after another with a
noisy clunk.

"God help us," Father Jimmy Drennan murmured from his seat among the
spectators where the former policeman waited to testify on behalf of a
longtime friend, the accused Gutierrez.

The officers' friends traipsed one after another to the witness stand,
filling several hours of testimony with descriptions of the accused as men
who coached youth athletics, stayed away from alcohol and were uniformly
decent.

Testimony also revealed the debts and financial pressures that some of the
officers labored under.

Bustos was paying $1,108 a month on a house valued at $118,000. He owed a
$10,000 bank loan and had $30,000 in credit card debt, in addition to about
$700 monthly payments on a sport utility vehicle and a car. The only
defendant to testify, Bustos told the court he would find work wherever
possible if released, including, if at all possible, the San Antonio Police
Department.

"If they'll take me back, I'll go back immediately," he said.

Bustos's wife and a friend, Tony Gonzalez, appeared to acknowledge that he
had confessed to the government, but Gonzalez, an engineering manager at
KellyUSA, added, "I wouldn't presume he's guilty."

Sidebar

Photo by Maria J. Avila/San Antonio Express-News San Antonio Police
Officers accused of drug related charges are escorted from the San Antonio
federal courthouse Monday night after four got bond hearings and three were
postponed. Below, Prosecutors detailed how much money they allege each
defendant received between December 1999 and December 2000 and how much
fake cocaine was involved.

*Sergeant Conrad Fragozo, Jr. Money: $33,800 Drugs: 421 kg cocaine Possible
sentence: life Bond: To be set

*Patrick Bowron Patrol Officer Money: $15,000 Drugs: 377 kg cocaine
Possible sentence: life Bond: To be set

*Peter Saenz Patrol Officer Money: $5,000 Drugs: 150 kg cocaine Possible
sentence: 24-30 years
Bond: $100,000

*Manual Cedillo Patrol Officer Money: $2,000 Drugs: 17 kg cocaine Possible
sentence: 16-20 years Bond: $100,000

*Lawrence Bustos Patrol Officer Money: $2,500 Drugs: 75 kg cocaine Possible
sentence: 20-24 years Bond: $100,000

*Arthur Gutierrez Patrol Officer Money: $5,000 Drugs: 40 kg cocaine
Possible sentence: 20-24 years Bond: $100,000

*Edward Fragozo (Photo not available) Civilian Money: $2,500 Drugs: 150 kg
cocaine Possible sentence: 20-24 years Bond: To be set
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