PUERTAS GUILTY OF DEALING DRUGS
He Could Get Life Term, Lose Property To Police

A jury convicted a 72-year-old Clarkston businessman on drug-dealing
and racketeering charges Monday, possibly netting authorities millions
of dollars from his assets under state forfeiture laws.

Jurors deliberated for two days before deciding that Joseph Puertas
had dealt cocaine from a bowling alley in late 1997. They also found
bowling alley employee Michael Talley, 36, guilty of delivering drugs.

The case was based on testimony from Joseph Sweeney, whom police sent
into the Megabowl bowling alley in Orion Township as a paid informant.

Defense attorneys argued during the trial that Sweeney, an admitted
crack addict and twice-convicted felon, hoodwinked police by faking
six buys he said he made from Talley and Puertas, who has served time
on previous drug charges. Police officers inside the bowling alley
said they never saw drugs, and massive raids on Puertas' homes and
businesses turned up nothing.

The case has raised questions about Michigan's forfeiture laws, which
would allow law enforcement agencies to keep the assets police
confiscated in the raids if a civil trial determines they are the
proceeds of drug sales.

Even if Puertas had been found not guilty in his criminal trial, the
civil trial, scheduled for February, could have proceeded. Some
legislators say they fear authorities might make bad cases in their
zeal to keep assets.

Oakland County Deputy Prosecutor James Halushka said the verdict had
vindicated his office. "We're ecstatic," he said. "Joseph Puertas is
now a twice-convicted drug dealer."

Before the jury began deliberating, defense attorneys sought a
mistrial after Assistant Prosecutor Paul Stablien asked the judge --
in front of the jury during closing arguments -- whether Puertas was
going to take the witness stand in his own defense. Such statements
before the jury often result in mistrials because defendants have no
obligation to testify.

Oakland County Circuit Judge Colleen O'Brien may rule on the request
before the Dec. 2 sentencing date. If she decides against a mistrial,
defense attorneys said they will take their request and other
complaints to a higher court.

Puertas faces life in prison. Talley faces up to 20 years.

"They tried every dirty trick in the book," Puertas' defense attorney
Richard Lustig said of prosecutors. "This is an incredible miscarriage
of justice. They are willing to send two innocent men to prison
because they want to keep the money."

The money is $5 million in cash and goods. If prosecutors can show in
the civil trial that the assets were drug proceeds, their office gets
to split the goods with the police agencies involved in the
investigation.