NEW INDICTMENT REVIVES DRUG-LORD CASE

Still aching to keep acquitted drug lords Willie Falcon and Sal Magluta in
prison for the rest of their lives, federal authorities on Thursday
unleashed yet another sweeping indictment -- this time accusing them of
ordering assassinations, bribes, threats and perjury to escape federal drug
charges.

The FBI and the South Florida office of the U.S. Justice Department executed
search warrants and made numerous arrests Thursday, charging 12 in an
enormous conspiracy to obstruct justice on behalf of Magluta and Falcon,
both in federal prison for other crimes.

Among those charged in the conspiracy are former Miami-Dade prosecutor and
Magluta brother-in-law Richard Ignacio Martinez and well-known Miami defense
lawyer Leonard Mark Dachs.

Both are charged with obstructing justice by encouraging witnesses not to
cooperate, refusing to turn over court-ordered records, taking illegal cash
payments and offering bribes to witnesses in exchange for helpful testimony.

Dachs and Martinez -- along with private investigator Rene Silva, who worked
for them on behalf of Magluta and Falcon -- are also charged with helping to
launder drug proceeds by taking cash in payment totaling $38,087 for Dachs,
$50,000 for Martinez, and $44,690 for Silva.

Neither they nor their lawyers would discuss the 44-page indictment,
expected to be unsealed when they make their first appearances in court this
afternoon.

Cocaine chase continues

It is the latest episode in the government's continuing chase of what they
have so far been unable to prove was the longest running cocaine business in
South Florida history.

Still badly stung by a 1996 defeat at the hands of a jury tainted by a
corrupted foreman, prosecutors have convicted Magluta and Falcon of other
crimes. They have gone after other defense lawyers, charged a prison guard
with taking a bribe, investigated the jury, and targeted friends who
allegedly helped Magluta when he was a fugitive in 1997.

So long and so vigorous has the fight against Falcon and Magluta become,
that in the offices of federal prosecutors the two are simply known as "the
boys."

Federal prosecutors now say Magluta and Falcon resorted to the worst
possible crimes to thwart investigators -- three murders, two attempted
murders, an attempted car bombing, jury bribes, witness bribes, prison
bribes, payments to lawyers with illegal drug cash, money laundering,
intimidation and lies.

Magluta and Falcon, Miami High School buddies who went on to become boat
racing champions, "were the supervisors and managers of the conspiracy,"
according to the 47-count indictment. "They gave orders and instructions to
other members and associates.

"It was the purpose and object of the conspiracy to use unlawful means to
preserve and protect members and associates of the conspiracy from
investigations and prosecutions by federal and state law enforcement
authorities."

Defense attorneys have called the case a "never-ending vendetta" and say
that witness-bribing charges are ironic in light of government leniency
deals with 27 prison inmates whose testimony was rejected by jurors at the
1996 trial.

`Sore losers'

"I'm all for zealous prosecution," said J. Richard Diaz, a member of the
defense team. "But when you take your shot and it doesn't result in a
conviction, that's enough. You have some prosecutors who are just sore
losers. They make these cases career projects, and that's not what it's
supposed to be about."

Prosecutors, led by Senior Assistant U.S. Attorney Michael "Pat" Sullivan,
have a completely different perspective that was given a boost last month
when one of the Falcon/Magluta jurors -- foreman Miguel Moya -- was
convicted of taking $400,000 in bribes for his not-guilty vote.

Prosecutors are investigating at least one other juror.

Jury tampering got only a brief mention as an underlying act in the
obstruction of justice conspiracy laid out in Thursday's indictment. The
alleged murders and money laundering are the focus.

Eduardo Lezcano, 42, of Miami, Magluta's brother-in-law and the operator of
a couple of pager businesses, is accused along with Magluta of procuring the
executions of those who had agreed to testify against them: Lawyer Juan
Acosta, shot Sept. 18, 1992; Luis "Weechie" Escobedo, shot Aug. 22, 1992;
and Bernardo "Venao" Gonzalez, shot June 22, 1992.

The indictment also cites three assassination attempts, including the June
1, 1990, "attempted murder of Antonio `Tony' Posado, by causing the placing
of an explosive device in his automobile." $711,500 in payoffs

There were 23 payoffs totaling $711,500 to inmates in federal detention for
either silence or false testimony at trial, the indictment alleges.

Among those charged with making at least some of those payments are Dachs,
44; Martinez, 38; Manuel Arturo "Ikey" Arisso, 46; Miguel Vega, 52; Magluta,
44, currently in federal prison serving nine years for passport fraud and
bond jumping; and Falcon, 44, currently in federal prison serving 10 years
on weapons charges.

Other Magluta/Falcon associates charged in the indictment include Richard
"Blondie" Passapera, 43, charged with two counts of perjury before a federal
grand jury; Jorge "50" Hernandez, charged with witness tampering; and two
John Does.

As part of the 47-count indictment, the two lawyers charged "shall forfeit
all legal fees paid . . . in the approximate amount of $1 million" each.

The indictment also lists cash payments to other members of the
Magluta/Falcon defense team, although they are neither charged nor named.
Among the high-priced defense team were Al Krieger, Roy Black and Martin
Weinberg. None contacted would discuss the sealed indictment.

According to the indictment, Magluta and Falcon made cash payments to:
Attorney #1 -- 10 payments totaling $1.35 million; Attorney #2 -- 10
payments totaling $477,000; Attorney #3 -- 12 payments totaling $875,000;
Attorney #4 -- six payments totaling $128,700; Attorney #5 -- four payments
totaling $11,051.

Some on the defense team speculated that by including this in the
indictment, federal prosecutors may be attempting to force them off the case
as material witnesses. e-mail: dkidwell@herald.com