News (Media Awareness Project) - US LA: Back To The Beginning In Rave Investigations |
Title: | US LA: Back To The Beginning In Rave Investigations |
Published On: | 2001-03-09 |
Source: | Times-Picayune, The (LA) |
Fetched On: | 2008-09-02 00:01:02 |
BACK TO THE BEGINNING IN RAVE INVESTIGATIONS
NEW ORLEANS (AP) -- Plea negotiations between promoters of "rave" dance
parties and the federal prosecutors who have accused them of allowing
ecstasy and other drugs inside the State Palace Theater crumbled this week.
Two of the three defendants were expected to plead guilty this week to
violating the federal "crackhouse law," which targets people who maintain
or own property that is host to frequent drug traffic.
Instead, court records show, they moved to dismiss the indictments on First
Amendment grounds, saying prosecutors want to "silence music" and violate
constitutional protections of free speech.
"In the end, the mere act of providing music to the public cannot be a
crime," wrote attorneys for Robert Brunet, who manages the State Palace,
and rave promoter James "Donnie" Estopinal.
In response, a judge Thursday allowed the U.S. attorney's office to scrap
the indictments against Robert Brunet, his brother Brian Brunet, and
Estopinal and return to the grand jury after a full investigation into
whether they promoted illegal drugs at all-night dances in New Orleans.
That means prosecutors can seek the same or additional charges against the
Brunets and Estopinal.
"The government totally stopped investigating this case because we were led
to believe from the onset all defendants wanted to negotiate a plea
arrangement and not contest the charges," Assistant U.S. Attorney Albert
Winters wrote in a Jan. 25 letter to defense attorneys.
After an undercover sting at the State Palace last year, prosecutors
secured an indictment against the three men in January. They were not
charged with any direct involvement with drugs but instead with creating an
ecstasy marketplace out of dance floors and techno music.
The Brunets and Estopinal face prison time and heavy fines if convicted
under the federal crackhouse law. They deny any connection with illegal
drugs during the raves they helped stage.
NEW ORLEANS (AP) -- Plea negotiations between promoters of "rave" dance
parties and the federal prosecutors who have accused them of allowing
ecstasy and other drugs inside the State Palace Theater crumbled this week.
Two of the three defendants were expected to plead guilty this week to
violating the federal "crackhouse law," which targets people who maintain
or own property that is host to frequent drug traffic.
Instead, court records show, they moved to dismiss the indictments on First
Amendment grounds, saying prosecutors want to "silence music" and violate
constitutional protections of free speech.
"In the end, the mere act of providing music to the public cannot be a
crime," wrote attorneys for Robert Brunet, who manages the State Palace,
and rave promoter James "Donnie" Estopinal.
In response, a judge Thursday allowed the U.S. attorney's office to scrap
the indictments against Robert Brunet, his brother Brian Brunet, and
Estopinal and return to the grand jury after a full investigation into
whether they promoted illegal drugs at all-night dances in New Orleans.
That means prosecutors can seek the same or additional charges against the
Brunets and Estopinal.
"The government totally stopped investigating this case because we were led
to believe from the onset all defendants wanted to negotiate a plea
arrangement and not contest the charges," Assistant U.S. Attorney Albert
Winters wrote in a Jan. 25 letter to defense attorneys.
After an undercover sting at the State Palace last year, prosecutors
secured an indictment against the three men in January. They were not
charged with any direct involvement with drugs but instead with creating an
ecstasy marketplace out of dance floors and techno music.
The Brunets and Estopinal face prison time and heavy fines if convicted
under the federal crackhouse law. They deny any connection with illegal
drugs during the raves they helped stage.
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