2ND JUROR BRIBED IN DRUG CASE, FEDS SAY EVIDENCE REVEALED IN NEW INDICTMENT

A second juror in the infamous 1996 trial of accused drug kingpins Willie
Falcon and Sal Magluta took bribes to vote not guilty, according to recorded
conversations between two of their associates -- one now in federal witness
protection, the other jailed Thursday as part of a massive federal indictment.

Longstanding suspicions of jury tampering in the 1996 drug conspiracy case
were confirmed last month when the jury foreman was convicted of taking
$400,000 in bribes, but prosecutors arguing over bond in the new case
revealed for the first time Friday evidence of a second corrupt juror.

An alleged Magluta/Falcon bag woman-turned-informant was wearing a wire in
October when another associate of the organization took her bait and
discussed the bribes, according to Assistant U.S. Attorney Michael Davis.

Jorge Luis Hernandez, 43 -- arrested Thursday in connection with an alleged
conspiracy to obstruct justice on behalf of Magluta and Falcon -- was caught
on tape assuaging the informant's concerns that the second juror might be
cooperating or "spending money ridiculously," Davis said while arguing
against bond for Hernandez.

It was one of several revelations Friday as federal prosecutors announced
sweeping new indictments against Magluta, Falcon and 10 others they say were
part of the conspiracy to thwart federal and state investigations through a
series of murders, bribes, intimidation and perjury.

Magluta and Falcon, Miami High friends and boat racing champions, were
acquitted in 1996 of running the largest cocaine smuggling operation in
South Florida history. Ever since, the case has been a crusade for federal
prosecutors. Magluta and Falcon are currently serving federal prison
sentences on other charges.

Bank accounts seized

Federal agents executed 25 search warrants in Miami-Dade and Broward on
Thursday, seized 20 bank accounts, 25 certificates of deposit and the
contents of six safety deposit boxes containing more than $250,000 in cash.

At the home of accused Magluta/Falcon money launderer Luis Valverde, 47, of
8401 SW 78th St., Miami, agents found nine document-size boxes in the attic
"all filled to the top with cash," prosecutors said. He is listed in county
records as a $43,000-a-year refrigeration mechanic with the Miami-Dade
County School District.

He wasn't named in the indictment, but was arrested as a result of the
search of his home.

"Cash was seized in such a bulk amount of money that the agencies involved
don't have the equipment to count it," said FBI Agent in Charge Hector
Pesquera. He said they are looking for help from financial institutions.

Dade teacher arrested

One of the 13 arrested Thursday as a longstanding member of the alleged drug
organization is a social studies teacher at North Dade Middle School.

An attorney for Richard Passapera, 43, identified as a longtime friend of
Magluta and Falcon, argued before U.S. Magistrate William Turnoff Friday
that his client needed to post bond in time to be back on the job as a
teacher next week. Turnoff agreed to a $100,000 cash bond.

Passapera is charged with lying to a federal grand jury and at the 1996 trial.

Two Magluta/Falcon lawyers -- charged with encouraging witnesses to refuse
to cooperate, refusing to turn over court-ordered documents, taking illegal
cash payments and offering bribes to witnesses in exchange for silence or
helpful testimony -- were allowed to surrender voluntarily and were released
on signature bonds.

Richard Martinez, 38, a former Miami-Dade prosecutor and Magluta's
brother-in-law, and L. Mark Dachs, a well-known Miami defense lawyer,
surrendered and were led in handcuffs to be processed by U.S. Marshals.

"I don't believe these charges," said Martinez's attorney Jeffrey Weiner. "I
know Richard, he's an honorable man. I now they can get witnesses to say
anything they want, but this is inconceivable."

Investigation defended

At a news conference just before eight of the 13 charged made their first
appearances in court, U.S. Attorney Thomas Scott answered defense
contentions that his office's pursuit of defense lawyers, jurors and
Magluta/Falcon associates has been a vendetta since the stinging 1996 acquittal.

"I don't think this is vindictiveness, I think this is vindication," Scott
said. "This case has taken a long time to bring forth and yes the agencies
represented behind us have been persistent, but they needed to be persistent. "

He said Magluta and Falcon have finally "been beaten by the very system they
sought to corrupt."

Magluta lawyer Roy Black wasn't buying it.

"It's a bit unusual that Tom Scott felt he needed vindication," Black said.
"It points out their motives in the first place. Attacking members of the
defense team is a poor way of seeking vindication. It sounds more like
retribution than vindication."

Black said he doesn't believe the bribery charges against the two lawyers,
and questions the legality of charges they withheld records or encouraged
witnesses to remain silent.

"The last time I checked, assisting people in knowing their constitutional
rights was still legal," Black said. "Under this theory any lawyer who
disagrees with the government is a criminal."

Black said he was among six unnamed attorneys listed in the indictment as
taking drug money from Magluta and Falcon. Black said he is "Attorney #6,"
listed as taking a cashier's check for $280,000. Five other unnamed
attorneys are accused of taking cash payments. Black said none of the
attorneys on the 1996 trial defense team took cash from their clients.

Defense lawyers have speculated that the attorneys are listed in the
indictment as an attempt to force them off the case.

Said Scott, "That was never a consideration, we just didn't want to unfairly
trash people." Scott said there is no evidence any of the unnamed attorneys
did anything wrong.

Key informant

Much of the case against the 13 charged Thursday stems from the help of
former Magluta/Falcon associate Marilyn Bonachea, 43, who spoke of her own
incompetence as a witness in 1991 because of psychiatric problems and
substance abuse.

On Oct. 15, 1996, Bonachea was pulled over by Florida state troopers, who
discovered ledgers of payoffs in the Magluta/Falcon organization. Search
warrants at her home turned up other records, address books and other
records that allegedly incriminated her and assisted the investigation.

By last fall, she had turned government informant and began wearing
recording devices.

The discussion about the second corrupt juror was with Hernandez, who
according to state records was rejected for a private investigator's license
in 1994, but who still holds a concealed weapons permit. He was a
corrections officer at the federal Metropolitan Correctional Center when
Magluta and Falcon were first arrested in 1991.

During that time, prosecutors say, a cellular phone was smuggled into the
facility for Magluta and Falcon.

It was "a very substantial inference he did not exactly have his hands
clean," Davis told Judge Turnoff on Friday.

Hernandez, who has no previous criminal record, is now charged with
conspiracy, money laundering and witness tampering.

Of the 13 charged Thursday, three remain fugitives, including private
investigator Rene J. Silva, 44, who worked for Dachs and Martinez on behalf
of Falcon and Magluta, and two John Does, identified as Cesar Doglioni and
Alvaro Franky. dkidwell@herald.com