DRUG CHARGES DROPPED BECAUSE OF TRIAL DELAY

TAMPA - Charges against five accused drug traffickers were dropped
Wednesday because prosecutors failed to try them fast enough.

The Hillsborough County State Attorney's Office said Thursday it plans
to appeal the judge's ruling and still intends to prosecute the five
men.

Circuit Judge Donald C. Evans dismissed charges against Alberto Diaz
Garza, Adrian Gilberto Ibarra, Juan Martinez Leal, Tony Morelis
Rodriguez and Jose Juan Trevino.

Evans ruled prosecutors violated a state law requiring that suspects
stand trial within 175 days of being arrested.

The five men were among 12 people arrested in January after an almost
yearlong investigation. Deputies seized nearly 3,000 pounds of
marijuana, $5,000 in cash and numerous weapons - including an Uzi
machine gun, three shotguns, four rifles and a .44 Magnum - during the
arrests.

The five men were scheduled for trial in July. But Circuit Judge
Robert Pagent continued it for a month after defense attorneys
complained that prosecutors failed to turn over evidence and witness
statements in a timely manner.

The delay pushed the trial beyond the 175-day limit.

"This is not a technicality to me," said Paul Carr, Diaz Garza's
attorney.

Carr said that even though the defense requested the continuance,
Pagent charged it to prosecutors. Defense delays ordinarily do not
count against the state-imposed deadline.

Bondi had no other comment other than her office's intentions to
appeal the dismissals.

Investigators took the dismissals in stride.

"We have learned that the process sometimes works for you and
sometimes it doesn't," said Col. David Gee, of the sheriff's office.
"The bottom line is the process works in general."

Authorities accused Diaz Garza, a Ruskin businessman, of being the
leader of the drug ring.

Carr disputed the charge, saying investigators failed to find any
incriminating evidence during three searches of his home and vehicles.

"Any trappings of a drug kingpin didn't exist," Carr said. "He lives in
a mobile home; he doesn't live in a mansion."

The investigation began in December 1998 when the Florida Highway
Patrol pulled over a truck in Sumter County and discovered 2,200
pounds of marijuana they suspected was to be delivered to
Hillsborough, the sheriff's office said.