PROSECUTOR IN POT CASE SUSPENDED, INVESTIGATED

Courts: Federal attorney is accused of lying in bid to convict former Thai
lawmaker accused of smuggling.

SAN FRANCISCO--The prosecutor in a marijuana smuggling case against a
onetime member of Thailand's Parliament has been suspended for a month
during an investigation of his conduct.

Assistant U.S. Atty. John Lyons is accused by the defendant's lawyer of
concealing the fact that a customs agent who was the chief investigator and
sole grand jury witness for the prosecution took a $4,000 kickback from an
informant.

The agent, Frank M. Gervacio, pleaded guilty in September to a misdemeanor
charge of illegally augmenting his salary. According to court documents,
Lyons tried to get Gervacio's prosecution delayed while the smuggling case
was pending.

The drug defendant, Thanong Siriprechapong, is charged with smuggling 4 tons
of marijuana into the United States, conspiring to smuggle 15 more tons and
leading an organization that smuggled marijuana in freight containers and
aboard ships between 1973 and 1987.

He was a member of Thailand's Parliament from 1983 to 1986 and from 1992 to
May 1994. He also is the first Thai citizen extradited to the United States.

His lawyer, Karen Snell, is seeking dismissal of the charges because of
Gervacio's conduct, which then-U.S. Atty. Michael Yamaguchi and several
aides knew about for months but failed to disclose to either the defense or
the trial judge.

Snell contends that Lyons, who led the prosecution team against
Siriprechapong, lied to U.S. District Judge Vaughn Walker about the matter.

Papers filed Tuesday by the office of Yamaguchi's successor, U.S. Atty.
Robert Mueller, acknowledge that Snell has made "credible allegations of
errors in prosecutorial judgment and possible post-indictment misconduct."
But the prosecutor's office also said the allegations did not involve the
heart of the case against Siriprechapong or justify the dismissal of the
charges.

Mueller's office said Lyons has been placed on 30 days' administrative
leave, with pay, while his actions are investigated.

Checked-by: Rolf Ernst