Miami Herald, The (FL)-May 14, 1996
Author: JACK REJTMAN Herald Staff Writer
After six years, three trials and one conviction, federal prosecutors dropped their extortion and racketeering case Monday against Raul Martinez -- bringing to an end one of the most tortuous public corruption cases in Dade history.
U.S. Attorney Kendall Coffey decided to drop the case one hour after jurors in Martinez's third trial voted to acquit the Hialeah mayor on one conspiracy charge and deadlocked on five remaining counts.
Stone-faced during an afternoon press conference, Coffey delivered the words that scores of Martinez's faithful had waited weeks during this trial to hear, years since the mayor's legal battles began.
"We cannot further consume the processes of our courts with questions our juries cannot answer," Coffey said. "We therefore will not retry the remaining corruption charges against Raul Martinez." Martinez, drained from four days of deliberations and back-to-back trials, heard the news from his lawyer's office in the company of his immediate family, close friends and a half dozen lawyers who have represented him since he was first indicted in 1990.
"It's a relief. But this is something I have lived with for such a long time that it hasn't sunk in yet," Martinez said, as he flipped through local TV channels to hear confirmation of the news.
For the Martinez family, the decision means a return to a more normal lifestyle. "I grew up having to plan vacations around court dates," son Raul Jr. said.
Said Martinez's wife, Angela, about the end of the six-year ordeal: "It's something I'm sure I can get used to."
Martinez, who was accused of trading zoning favors to developers for cash and sweet land deals worth between $134,000 to $182,000, was convicted on six of eight federal extortion and racketeering charges in 1991. But appellate judges ordered a new trial in 1994, citing flawed jury instructions and blatant jury misconduct. The mayor's second trial ended March 26 in a hung jury. And the third trial, which began April 22, resulted in a similar fate.
About 2:45 p.m. Monday, jury foreman James Derrickson handed Senior U.S. District
Judge James W. Kehoe this note: "Judge Kehoe, we have spent nearly four days discussing this case and have reached a verdict on only one count. We are not close to agreement on the other five. From my standpoint, we could deliberate for many more days and not get any closer to a verdict."
Half an hour later, Kehoe decided to accept the verdict on the lone unanimous count, in which Martinez allegedly coerced Hialeah Councilman Silvio Cardoso to pay a $7,000 bribe to another councilman for a zoning vote.
With the words "not guilty," the courtroom erupted in a burst of cheers. Smiles of relief spread across the faces of three scores of Martinez supporters.
Then Kehoe declared a mistrial on the five remaining counts, and defense attorney Jose
Quinon triumphantly shook his right fist in the air. Martinez's lawyers high-fived in the hallway.
"It would be an extreme abuse of the U.S. attorney's discretion and of his power to try the case again. I am not aware of any case that has been tied four times in this district or any other," Quinon said from the courthouse steps, half an hour before prosecutors dropped the case.
Sidestepping TV cameras, jurors slipped quickly out of the courthouse, declining to comment on how they had voted on the deadlocked counts.
But juror Tanya Caridad Bracken said on one count relating to Cardoso, everyone agreed.
"We thought that there was not enough evidence presented by the government," said
Caridad, who during day two of deliberations asked to be excused from the case. "I'm glad it's over with. Let somebody else deal with it."
But prosecutors -- who seemed almost as relieved as Martinez to put the complicated, politically charged case to rest -- decided enough is enough.
Assistant U.S. Attorney Richard Gregorie said U.S. Supreme Court rulings since the original conviction made the case against Martinez harder to prove. He added that in the second trial, prosecutors believed that a change in jury instructions confused jurors and led to the 11-1 vote to acquit.
During the third trial, Kehoe clarified instructions, and jurors still couldn't find enough evidence to convict.
"The law has become very murky in this area," Gregorie said.
Although prosecutors could not convict Martinez of corruption, Assistant U.S. Attorney
Bruce Udolf warned that the verdict is not a green light to corrupt public officials.
Although court rulings hurt their case against Martinez, new federal laws that could not be applied to this case make it easier to prosecute corruption, he said. For example, one of those laws does not require explicit proof that a bribe takes place.
"We have more laws in our legal quiver than we had available before," Udolf said.
"Unfortunately, we weren't able to use that law when we indicted Martinez."
Reaction in the streets of Dade's second-largest city was mixed.
"I'm glad it's over," said Javier Rodriguez, 27, while stocking groceries at Sedano's
Supermarket, 1700 W. 68th St. "He has done a lot for Hialeah. A lot of the things they accused him of, others have been accused of. That's the way it goes in politics."
But Mercedes Fernandez, a Hialeah resident for 33 years, was demoralized.
"Time to move out of Hialeah," said the 67-year-old schoolteacher. "There's more bad guys than good guys."
Martinez said he holds nothing against prosecutors or witnesses who testified against him. He plans to finish his term and repay Hialeah voters for the confidence they showed by reelecting him twice as mayor while his conviction was on appeal.
"I have a debt of gratitude to the people of Hialeah," said Martinez, who aspired to run for Congress before the indictment derailed his political career. "I will finish out my term, and then we'll see what happens in 1997."
Herald staff writer Damarys Ocana contributed to this story.
CUTLINES:
RANDY BAZEMORE / Herald Staff
CELEBRATION: A supporter hands Hialeah Mayor Raul Martinez a T-shirt reading 'Don't ever give up' after his acquittal. Martinez is joined by wife Angela, left, and defense attorney Jose Quinon.
color photo: Raul Martinez (a); photo: Raul Martinez with his wife Angela and attorney Jose Quinon (a)
Edition: FINAL
Section: FRONT
Page: 1A
Index Terms: HIALEAH MARTINEZ INFLUENCE FRAUD VERDICT
Record Number: 9602010175
Copyright (c) 1996 The Miami Herald
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