LAWYER TO COMPLAIN ABOUT PROSECUTOR

TAMPA - The attorney for a man convicted last week of drug charges
said Tuesday that she will file a Florida Bar complaint against the
federal prosecutor in the case.

Tampa lawyer Sharon Samek told a federal judge that Assistant U.S.
Attorney Russell Stoddard failed to report that another defendant was
offered a lesser sentence in return for helping the government's case
against her client.

Stoddard said he forgot. He said he wasn't trying to mislead the jury
or the judge.

``It was my belief at the time I was questioning him [the defendant]
that he had not received any benefits from the government,'' Stoddard
told U.S. District Judge Susan Bucklew.

Stoddard acknowledged that he, in fact, had signed the paperwork
seeking a reduction in the sentence of the government witness, Jorge
Amariles.

The incident happened during the 1997 trial of Samek's client, Willard
Santos, on federal drug charges. Santos was convicted of importing
cocaine, possession with intent to deliver and conspiracy.

Bucklew ruled that prosecutors may not have turned over information to
the defense and ordered a new trial.

Friday, a jury found Santos guilty of conspiracy and possession with
intent to deliver cocaine. Santos, 49, of New York is to be sentenced
in January.

Samek, who did not represent Santos during the first trial, raised the
allegations of prosecutorial misconduct last week.

Bucklew asked why they hadn't been raised before. Samek said she
learned of the incident from recently received government documents.
Stoddard, based in Fort Myers, said that until Samek raised the issue,
he hadn't thought Amariles had received any benefits for his testimony.

``I do think it's an ethical issue that should be addressed by the
Florida Bar,'' Bucklew said, before asking Samek whether she intended
to file a formal complaint against Stoddard. ``If you're going to do
it, I'm going to allow you to do it,'' the judge said.