MIA DRUG CASES FACING PROBLEMS

Acquittals reveal possible pitfalls

The recent acquittals of three American Airlines baggage handlers
charged with smuggling drugs and, in one case, explosives have
underscored what some say are serious weaknesses in last year's
crackdown on security breaches at Miami International Airport.

So far, three of five juries to consider the evidence against
defendants in Operation Ramp Rats have refused to convict, raising the
hopes of 16 defendants awaiting trial and leaving some who cut early
plea deals with serious regrets -- they are sitting in prison.

"I wouldn't be a bit surprised to see them all try to withdraw their
pleas," said Miami lawyer Jayne Weintraub, who represents one
defendant awaiting trial. "And I don't blame them. The government has
got some serious problems in this case."

Two who pleaded guilty have moved to withdraw their pleas since the
acquittals.

The 39 who have either pleaded guilty or been convicted have been
sentenced to anywhere from four to eight years in federal prison.

Prosecutors, while concerned, say three acquittals among 58 original
defendants doesn't amount to disaster. They say they will be watching
closely the next trial set for March 27.

"We're always concerned when there's an acquittal, but so far, there
are 40 defendants in jail who either pleaded guilty or were convicted
by jury," said Guy Lewis, second in command at the U.S. Attorney's
Office. "This fact alone clearly shows the operation has been an
unmitigated success."

PROSECUTOR CONFIDENT

Lewis says he isn't concerned with the prosecution of these cases:
"They were investigated properly, thoroughly and appropriately."

Operation Ramp Rats, a two-year undercover probe in which agents
caught airport employees smuggling cocaine onto flights in everything
from knapsacks to food carts to coffee filters, had problems from the
beginning.

U.S. Drug Enforcement Administration and Customs agents used a
"reverse sting," in which undercover agents posed as drug dealers
looking to smuggle their wares through the airport. They put the word
out, they say, and waited for takers.

Because of the secretive culture within MIA, they used an inside
source as the contact. They chose longtime American baggage handler
Orlando Mayoli, 31, who was caught smuggling cocaine early in the probe.

Since the airport was restricted only to employees, agents had another
problem. While he was at work, it was difficult to monitor Mayoli's
conversation and actions. Agents worried about his safety if he was
caught wearing a recording device.

NO RECORDINGS

Authorities decided not to strap Mayoli with a wire.

As a result, none of the early conversations between Mayoli and the
targets of the investigation are recorded -- a problem exploited by
defense attorneys who say Mayoli used threats, intimidation and other
enticements to lure their clients.

"Almost every defendant in this case, it seems to me, had never been
involved with drugs until they were approached by this informant,"
said David Rothman, whose client, Edwin Zambrana, is set for trial in
May. "The problem is, we'll never really know what he said or did,
because the government doesn't know.

"Here's a guy trying to buy his way out of his own crimes, and they
turn him loose with no control," he said. "That's a recipe for
disaster, not only in this case, but for society. This is our system
at its worst."

Fort Lauderdale attorney Kathleen Cooper Grilli, who in February won
one of the three acquittals, said Mayoli looked for vulnerable people
- -- those in financial trouble, with drug habits or emotional problems.

"It was a very big mistake," Grilli said. "They put way too much
reliance on him. He had a habit of finding all the vulnerable people
and working on them until they gave in. My guy had a drug problem, and
Mayoli knew it."

PROBLEMS AT TRIAL

Federal sources close to the investigation said they did everything
they could to monitor Mayoli's activities and record his
conversations, but it was very difficult because the targets of the
investigation often insisted on talking at work.

Another problem with individual cases is the suspects' apparent lack
of wealth.

"The government tried to make it look like this has been going on for
years and they finally caught it," Weintraub said. "Where's the money?
Everybody in this case was a schlepper. They've never been convicted
before, and they don't have any money."

Prosecutors argue it's unfair to the government to suggest that a lack
of prior convictions is relevant because no one with a criminal record
is allowed to work at the airport.

A third problem at trial was Mayoli's credibility.

Prosecutors have acknowledged that as many as 13 defendants have
claimed that Mayoli pocketed some of the drug proceeds intended for
them. Mayoli denies this, and two of the defendants who made those
claims have since recanted.

FANFARE, LOSSES

The high-profile investigation was announced amid much fanfare in
August, even as authorities rounded up the last of the 58 suspects.
They described airport security as chaos where, for a price, anything
from explosives to fugitive drug lords could be smuggled past metal
detectors and airport inspectors.

The probe prompted embarrassed county officials to promise sweeping
reforms at the airport.

To date, there have been five trials related to Ramp
Rats.

The first acquittal was Edwin Rodriguez, who was charged with helping
to smuggle three hand grenades, a handgun and 10,000 rounds of
ammunition onto a commercial flight. He argued he was threatened and
coerced by Mayoli, who did not testify at the trial.

Two other American baggage handlers, Pablo Carmona and Clifford Rivas,
were acquitted using similar defenses even after Mayoli testified at
their trials. In one case, the jury could not agree.

Two juries convicted five others.

SKEPTICAL JURIES

Prosecutor Lewis acknowledged that reverse sting operations are always
viewed with skepticism by juries, but in some cases it is the only way
to investigate crimes.

"When you are assessing the success of a case, the real question is,
are you sending a message that reverberates, that makes a difference?"
Lewis said. "And I'm telling you right now they've gotten the message
at the airport. You smuggle drugs, you're going to get caught, you're
going to be prosecuted and you're going to jail."