U.S. ATTORNEY CANDIDATE'S BROTHER IN FEDERAL PRISON

By Deborah Tedford And Cragg Hines

The brother of the candidate under consideration for chief federal
prosecutor for the Southern District of Texas is serving time in a federal
prison in Florida on drug trafficking and murder charges.

Roland Garcia Jr., 38, is seeking to replace Gaynelle Griffin Jones as
United States attorney. Jones resigned last month to take a position on the
legal staff of Compaq Computer Corp.

Edgar Arnold Garcia, younger brother of Roland Garcia, used his family's
recording business to run a drug trafficking operation that spanned three
states, said a Florida special prosecutor.

And Arnold Garcia was connected to a powerful marijuana smuggling
federation that operates in South Texas, said Greg McMahon, chief of
special prosecutions in Florida's Eighth Judicial District.

McMahon said Arnold Garcia hid out for six weeks at a ranch owned by his
supplier as authorities searched for him in connection with the 1991
drugrelated murder.

South Texas harbors numerous ports of entry for Mexican drug smugglers and,
as one of the Justice Department's "high intensity drug trafficking areas,"
is a prime battlefield in the Clinton administration's war on drugs.

If Garcia is nominated to the Senate by President Clinton, and ultimately
confirmed as U.S. attorney, he would be directly responsible for
prosecuting drug crimes in Houston and South Texas.

The candidate said that his brother's South Texas drug connections have
nothing to do with his ability to perform as U.S. attorney.

"This whole event has absolutely no bearing on my ability to work hard in
the U.S. attorney's office and has no bearing on my ability to zealously
prosecute drug offenders," Garcia said.

Rep. Solomon Ortiz, chairman of the fiveperson congressional delegation
that recommended Garcia, said he was unaware of the brother's convictions
when he voted for Garcia. But he agreed that the candidate should not be
penalized for the misdeeds of his brother.

Ortiz, of Corpus Christi and the senior member of the Democratic delegation
from the Southern Judicial District, said Garcia has excellent credentials
as a civil litigator and a good reputation in the Houston area.

The FBI is in the midst of a background check on Garcia, so the White House
has not yet made a decision on whether to accept or reject the Houstonian
as its nominee.

But an aide to a senior member of Congress said officials were embarrassed
by the surprise disclosure from the news media and displeased that Garcia
would put the administration in such a situation.

The state of Florida had sought to prosecute Arnold Garcia under a
deathpenalty statute, but abandoned those plans when he was apprehended in
Canada, McMahon said.

"We had to agree not to seek the death penalty to get him extradited to
Florida," he said.

During his brother's sentencing hearing last August, Roland Garcia asked
U.S. District Judge Maurice Paul to depart from the federal sentencing
guidelines and impose a punishment lighter than what was mandated.

Still, Garcia said he would have no problem prosecuting drug criminals to
the fullest extent of the law.

"I have no problem at all enforcing any statute, rule or regulation which
has penalties associated with it of incarceration or the death penalty. I
have no hesitation at all to zealously prosecute and enforce any law to the
fullest degree."

Paul did depart from the guidelines in Arnold Garcia's case to impose a
stiffer punishment than required because of the heinous nature of the crime.

According to McMahon, Arnold Garcia confronted Phillip Martin Cryer at a
motel in Chiefland, Fla., over a drug debt and shot him nine times while
Cryer's children listened in another room.

McMahon said Arnold Garcia used his family's recording business as a front
for bringing marijuana in from Texas and selling it in Louisiana and Florida.

"His daddy had a recording studio and he had become involved in the drug
business through his music recording business. He started traveling around
with different bands and found he could make some connections," McMahon said.

Arnold Garcia pleaded guilty to second degree murder in a plea bargain with
prosecutors. He was sentenced to 17 years on that charge.

In August, he pleaded guilty to federal charges of drug trafficking
conspiracy and possession of a weapon during commission of a drug crime. He
was sentenced to 30 years, a term which runs concurrent with the
stateimposed sentence, said a spokeswoman with the U.S. Bureau of Prisons.

If Garcia gets the nod from the White House, he must be considered by the
Republicancontrolled Senate Judiciary Committee.

A key factor could be the position taken on the nomination by the two
senators from Texas. Neither Sen. Phil Gramm nor Kay Bailey Hutchison have
said whether they would support or oppose Garcia's nomination.

However, a Senate Republican source said Garcia's lack of candor with the
House Democrats from Texas who proposed him to the White House may become
the issue.

"I'd say `goodbye' if he didn't tell them," the Republican source said.

When asked if he informed the five members of Congress about his brother's
crimes before he was recommended for the post, Garcia was evasive.

"This has been a matter of public record," Garcia said. He later said he
contacted them about the matter this week, but he did not reveal whether it
was before or after a reporter called him on Monday.

Rep. Gene Green, DHouston, said he was unaware of the brother's convictions.

"I don't think any of the members of Congress knew about his brother before
we voted" to recommend Garcia, Green said. "It never came up, and we had
some long discussions about all the candidates."

At the same time, Green said, the brother's record may not be a relevant
factor.

"I don't know that it's fair for him to have to answer for his brother,"
Green said.

"It's a family tragedy," Green said. "We want to be our brother's keeper,
but he should be responsible only for himself."

Chronicle reporter Armando Villafranca contributed to this story.