DRUG DEFENDANTS FILE RIGHTS SUIT

Several defendants in a 1996 drug-trafficking case have sued agents
with the U.S. Drug Enforcement Administration and federal prosecutors,
alleging the government went beyond the scope of a search warrant in
1997.

The American Civil Liberties Union filed the civil-rights suit in June
on behalf of 10 men indicted in the case. The government alleged the
men -- and 16 other people 97 were part of a methamphetamine conspiracy
in southern New Mexico.

The lawsuit claims that in May 1997, agents Richard Rottinger, Fred
Moore, William Goodenough, Ron Kahn, Stephen Woodson and Frank Chavez
inappropriately seized items from the plaintiffs, who were jailed at
the Torrance County Detention Center pending trial.

The suit also said Assistant U.S. Attorneys Julie Shemitz, David
Williams and Kelly Burnham should be held accountable because they did
not prevent the inappropriate seizure.

The U.S. Attorney's Office and the DEA declined to comment on the
lawsuit because it is pending.

Each of the 10 men has since pleaded guilty to various charges in a
27-count indictment, the U.S. Attorney's Office said.

ACLU attorney Philip B. Davis said the pleas are not the
point.

"This case is all about following the rules and requiring the
government to play by the rules," Davis said in a recent interview.

The suit said agents obtained a warrant in May 1997 to "seize letters
between inmates and/or family members or associates of the inmates."

Affidavits submitted in support of the search warrant alleged the 10
men were members of a conspiracy to " 'beat the charges' by hanging
together and not pleading guilty to the charges."

The lawsuit said the 10 men were pulled out of their cells while the
agents searched.

"The federal agents went beyond the scope of the warrant by seizing
from each of the plaintiffs numerous documents protected by the
attorney-client privilege," the lawsuit said. "Also seized ... were
such obviously nondocumentary items as religious crosses, pieces of
hard candy, a nail clipper, an emery board, packets of decongestants,
family photographs and (size) AA batteries."

The lawsuit said Shemitz, Burnham and Williams knew some of the
evidence seized was protected by attorney-client privilege, but did
not seek a judicial determination to see if the government could keep
the evidence and review it.

In late 1997, U.S. District Judge Bruce D. Black suppressed the
evidence, noting that the men's Sixth Amendment rights were violated.

"They thought they'd get away with it," Davis said of the government.
"They didn't get away with it in the criminal case, and they're not
going to get away with it this time."