WILLIE AND SAL: WILL THEY BE CHARGED AGAIN?

The conviction of a juror for taking payoffs in the infamous trial of
accused drug kingpins Willie Falcon and Sal Magluta has left open a strong
possibility they could face a second trial on charges a jury has already
said they did not commit.

If it happens, it would be the first time in U.S. history a jury verdict of
acquittal is set aside.

And it would put a new spin on one of the nation's oldest and most
fundamental civil rights -- a Fifth Amendment edict that no ``person be
subject for the same offense to be twice put in jeopardy of life or limb.''

Federal prosecutors -- still smarting from the 1996 acquittals -- are
seriously considering reindicting Magluta and Falcon under the argument
that double jeopardy does not apply because the flamboyant pair of Miamians
bought themselves out of jeopardy at the first trial.

``They guaranteed themselves a hung jury at worst,'' said one federal
prosecutor. ``How can double jeopardy apply when they were never really in
jeopardy the first time? The government has to have some recourse against
this kind of fraud.''

No final decisions have been made, sources said, and whether or not to
pursue such a strategy would be a decision made by U.S. Attorney General
Janet Reno herself. It would mean years of appeals.

Legal experts interviewed agreed the case is unique and the argument
fascinating.

``It's an interesting argument and it is not ridiculous by any stretch,''
said Bruce Rogow, a well-known appellate defense lawyer and law professor
at Nova Southeastern University. ``You are talking about making new law in
a case that broke new ground.

``It would be a creative and novel approach,'' he said. ``It's never been
done before.''

Armed With Case Law

Federal authorities -- relentless in their pursuit of Magluta and Falcon
for almost a decade -- come armed with more than just desire. They have
case law.

In 1997, Illinois prosecutors were allowed by federal appeals courts to
retry Chicago mobster Harry Aleman on murder charges even though he was
previously found not guilty by a judge who took $17,500 in bribes.

The 7th Circuit Court of Appeals in Chicago upheld the state court
decision, and the U.S. Supreme Court refused to hear Aleman's appeal. He
was convicted and is serving life in prison.

The key difference between the two is that Aleman opted against a jury
trial, and left the entire decision on his guilt or innocence in the hands
of the corrupt judge who later committed suicide.

In the Falcon and Magluta case, a jury of 12 voted unanimously to acquit
after a four-month trial. Only one, jury foreman Miguel Moya, has been
charged and convicted of taking $400,000 in bribes.

``That's a very critical difference,'' said J. Richard Diaz, who
represented a Magluta/Falcon co-defendant at the 1996 trial. ``Here,
despite the conviction against one juror, there were still 11 jurors who
had to vote the same way. To prove one juror was able persuade the other 11
is a real high hurdle for the government to jump.''

A More Difficult Case

Defense lawyers argue it will be much more difficult for prosecutors to
prove Falcon and Magluta payed a bribe than it was to prove Moya took one.

``To get Willie and Sal for any type of bribe they're going to need a
flip,'' Diaz said.

Moya has steadfastly maintained his innocence and persistently spurned
prosecutor's requests that he turn informant. Prosecutors hope Moya -- now
faced with between 10 and 12 years in prison -- reconsiders.

Falcon and Magluta, now serving prison terms for unrelated federal crimes,
were found not guilty on charges of smuggling 75 tons of cocaine into South
Florida between 1978 and 1991 and amassing a staggering $2.1 billion in
assets.

The two Miami High sidekicks who grew up in Little Havana were the stuff of
local legend in the 1980s, winning speedboat races, buying a cattle ranch
and living in mansions.

Prosecutors Pat Sullivan and Christopher Clark paraded two dozen jailhouse
snitches before the jury, painting the pair as the epitome of 1980s greed
and outlandish spending bankrolled by an enormous drug operation.
Authorities were exasperated by the Magluta/Falcon power, even from behind
bars.

Government's Stunning Defeat

The acquittals were among the most stunning defeats for the U.S. attorney's
office in recent memory, but prosecutors quickly regrouped. They charged
and convicted both on unrelated crimes. Falcon is serving 10 years for
firearms charges; Magluta has two years left on a passport fraud case.

Prosecutors began investigating jurors, collecting tax returns and looking
for the payoff. They attempted to get Magluta and Falcon's high-powered
defense team booted from the case.

They charged a prison guard with taking a bribe, and a juror.

Prosecutors -- who declined to discuss their ongoing investigation -- argue
they simply went where the evidence took them.

Now, sources say, they are exploring their options once again. There is an
ongoing investigation of at least one other juror believed involved in the
conspiracy. In addition to reopening the original drug case, authorities
are contemplating charging Magluta and Falcon with jury tampering, which
carries a 15-year maximum sentence.

``I'm all for zealous prosecution,'' said 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.''