Former El Salvador congressman William Eliu Martinez was the
perfect frontman, according to prosecutors: a seemingly upstanding
politician who, behind the scenes, worked as an operations manager for
one of Central America's most notorious cocaine-trafficking rings.
In their closing arguments in Martinez's trial, government
attorneys told a federal court jury in Washington yesterday that he
helped a drug kingpin smuggle 36 tons of cocaine into the United
States from 1998 to 2002 by renting waterfront properties used to ship
the cargo and quelling police suspicions about the late-night boat
trips.
"He's a congressman who gives the false face of legitimacy,"
said Justice Department trial attorney Patrick Hearn. "He's the one
who can get rid of the cop who stops the boat, the one who can dispel
questions. Why? Because he's a congressman. He's a person they can
trust."
But Martinez's attorney said a three-year federal investigation
had produced no tangible evidence tying his client to a drug
conspiracy.
Although Martinez licensed some high-speed fishing boats, the
government could not show that he personally transported drugs on
them, said Shawn Moore, an assistant federal public defender. The fact
that Martinez leased properties where drugs allegedly were shipped did
not prove that he engaged in a crime, Moore said. Nor did the fact
that Martinez's business phone number was in the logbook of drug
traders, the attorney added.
Moore argued that the government's claims hinged solely on the
statements of two former drug runners who can expect to avoid some
prison time in exchange for their testimony. "There is nothing else,"
Moore said. "There is no corroborating evidence."
Martinez, who served as a congressman from the National Action
Party from 1999 to 2002, was arrested in Panama in October 2003 and
extradited to the United States after his indictment three months
earlier. Four others also were indicted as conspirators in the drug
smuggling operation, including alleged kingpin Otto Herrera-Garcia,
although Martinez is the only defendant in the current trial.
The indictments stemmed from an investigation coordinated by the
U.S. Drug Enforcement Administration and law enforcement agencies in
Mexico, El Salvador and Guatemala. They allege that from about March
1996 to October 2003, the five conspirators were responsible for
smuggling thousands of kilograms of cocaine from Colombia through El
Salvador to Guatemala and then to Mexico for ultimate importation into
the United States.
Herrera-Garcia, who is on the Justice Department's list of the
41 most wanted international drug traffickers and money launderers,
escaped from a Mexican prison May 13. The U.S. government has offered
a $5 million reward for his recapture. He had been arrested at the
Mexico City airport in April 2004, a year after officials raided his
house in an affluent Guatemala City neighborhood and found $14 million
in cash and two grenade launchers.
Justice Department lawyers prosecuting the case against Martinez
said that he admitted his role in the drug ring when interviewed by
DEA agents. But the defense noted that the agents acknowledged the
confession was not in writing. And it was not mentioned in an agent's
handwritten notes of the interview, only in notes that were
typewritten later.
Visiting U.S. District Judge Michael M. Mihm, who presided over
Martinez's trial, allowed the alleged confession to be admitted into
evidence. But, over the government's objection, he allowed Martinez's
attorneys to question DEA agents in front of the jury about the
circumstances of the confession, including whether they warned
Martinez properly of his right to remain silent and his right to an
attorney. The defense contends that Martinez did not receive proper
warnings; the government says he did.
Members of the jury began deliberating after lunch yesterday and
were excused for the weekend at 5 p.m. They are scheduled to return
for a second day of deliberations on Monday morning.