RETRIAL STARTS IN OFFICERS' CASE

A retrial begins for four police officers accused of violating a
suspect's civil rights by reportedly beating and burning him after he
was picked up for a rock-throwing incident.

The retrial of four Miami police officers accused of violating the
civil rights of a career criminal during a 1997 arrest opened Friday
at U.S District Court in Miami.

Federal prosecutors Jacqueline Becerra and Curtis Miner say the four
officers bloodied, battered and burned Alexander Anazco because they
believed he had thrown a rock at a police car on Interstate 95 two
days earlier.

"All of this happened while he was handcuffed and defenseless,"
Becerra said during opening arguments.

But defense attorneys for former officers Jesus "Jessie" Aguero and
Jorge Castello and suspended officers Wilfredo Perez and Jorge Garcia
argued that the four did what they are paid to do: protect the public
from repeat felons such as Anazco.

Aguero attorney David O. Markus described Anazco as "the worst of the
worst."

"He's been arrested more times than you've probably charged at Sears
and Roebuck," Perez attorney Sam Rabin said.

Anazco, 29, has been convicted of at least 25 crimes in 12 cases since
1991. Among the convictions: grand theft, armed robbery, aggravated
assault with a weapon, and possession of cocaine.

He is awaiting trial on false imprisonment and sexual battery
charges.

On Feb. 24, Castello and his partner were driving on I-95 when someone
in a souped-up Toyota Supra tossed a rock and then outran them at
speeds exceeding 100 mph.

Two days later, undercover officers including Aguero, Garcia and Perez
stumbled upon Anazco in a car matching the description of the vehicle
from the rock-tossing incident.

The officers tried boxing in Anazco, but he escaped. Another team of
officers found Anazco at a body shop where Anazco was receiving repair
estimates.

Aguero, Garcia and Perez are facing one count of beating Anazco in the
head with a flashlight or a police radio and kicking the suspect while
he was handcuffed in the back of an unmarked car after they left the
body shop.

The trio are facing another count for injuries Anazco supposedly
received -- including cigarette burns. Garcia's attorney, John
Thorton, said the defense will present forensic testimony that will
show the injuries were consistent with Anazco struggling and trying to
escape.

Castello, who was off duty on Feb. 26 but brought to the scene to
identify the man who tossed the rock, is charged with slapping or
punching Anazco.

Castello might have said some bad things to him, but he never touched
him," Sharpstein said.

The original jury deadlocked on all three counts in October 2002,
which turned out to be a tactical victory for Aguero, Castello and
Garcia.

If they are convicted, it could have more serious consequences for
Aguero and Castello, who were convicted last year with two other
officers in a showcase gun-planting trial.

Garcia is facing a retrial in that case next month.

Federal sentencing guidelines are much harsher on defendants with
prior felony convictions.

Those guidelines would have been bumped much higher, especially for
Aguero, for abusing a position of power and trust.