Miami Herald, The (FL)-March 27, 1996
Author: JACK REJTMAN Herald Staff Writer
After the latest effort to convict him of corruption charges ended in a mistrial Tuesday, Raul Martinez blasted the government effort as persecution rather than prosecution.
Federal prosecutors grimaced over news of a hung jury, but quickly announced they would again try to convict the Hialeah mayor on 6-year-old charges.
Neither side emerged from Miami's federal courthouse happy with a judge's ruling of a mistrial in Martinez's second trial on six counts of extortion and racketeering.
Senior U.S. District Judge James Kehoe reluctantly made the ruling after jurors twice told him they had reached an "absolute impasse." "This is no longer prosecution, it's persecution," said Martinez, who boiled with rage, eyes moist and red, after he learned that 11 of the 12 jurors had voted to acquit him. Martinez said he believed the 12th juror, Iris Burak, decided he was guilty early in the trial, making hand gestures and nodding her head as prosecutors argued their case.
"I came to this country for freedom and justice," he said. "And today, justice was not served here."
Martinez was convicted in 1991 on charges that as mayor he traded zoning approvals in
Hialeah for money and sweet land deals that brought him profits of more than $135,000. But appellate judges reversed the conviction in 1994 and granted him a new trial, citing jury misconduct and flawed jury instructions.
Despite Tuesday's mistrial, the U.S. attorney's office said prosecutors would mount a third bid to put the mayor of Dade's second largest city behind bars.
"It's just a matter of getting a trial date from the judge," spokesman Wilfredo Fernandez said.
A hearing on a new trial is scheduled for April 17.
"We convicted him the first time and we'll convict him again," Fernandez said.
Defense attorney Jose Quinon -- who argued that Martinez had a right to make business deals and never promised developers favorable city treatment -- said the evidence doesn't support prosecution, citing the lone vote to convict.
The only thing another trial will do is further deplete the mayor financially and emotionally, he said.
"What is happening here is they are taking Raul to the point where he doesn't have the money to defend himself," Quinon said. Each trial has cost Martinez more than $200,000 in legal fees.
"It's just an abuse, and it's very frustrating," Quinon said.
Jurors also were frustrated.
Maria Lio, a Dade County high school teacher who lives in North Miami, said jurors voted 10-2 to acquit Martinez soon after deliberations began Friday in a trial that started March 4. Another juror switched for acquittal Monday after the judge clarified the definition of some legal terms.
But for more than a day, Burak did not budge from her belief that Martinez was guilty, and she could offer no evidence to support her position, other jurors agreed.
After the trial, Burak turned away reporters at her Aventura condominium and would not comment.
"We kept trying to ask her on what do you find him guilty, and she wouldn't say," juror
Edward Guerra of Hialeah said. "Finally she said I know I can't change your minds, but hell will freeze over before I change my verdict."
Guerra said he feels sorry for Martinez.
"He's going through hell right now," Guerra said. "When you take into consideration that one person can ruin someone's life like that, it's not fair."
Juror Orlando Vega of Westchester was so upset with the mistrial that he offered Martinez his sympathy before a horde of Martinez supporters and television cameras that crowded the courthouse steps.
"I feel bad for Mr. Martinez and his family," Vega said. "One woman didn't want at any point to change her belief. I feel deep inside me she was making her own laws, not obeying the laws we must all follow."
Even Martinez opponents said they had hoped for a definitive verdict in the case.
Hialeah Councilman Guy Sanchez, who has opposed Martinez politically, said he favors a new trial so the city can move on.
"That can only be done if we reach a final answer -- if he's found guilty or not guilty,"
Sanchez said.
Opponent Nilo Juri, who has lost four mayoral bids to Martinez, said the prosecution should evaluate whether it has the evidence to convict Martinez.
"Whatever they plan to do, they should get it over with because we continue to have a cloud over Hialeah," Juri said.
The Hialeah City Council made its own statement Tuesday.
At Tuesday night's meeting -- after Martinez had left -- council members passed a resolution 4-3 asking Attorney General Janet Reno to drop the case against the mayor. In favor were: council Vice President Raymundo Barrios and council members Alex Morales, Marie Rovira and Jose "Pepe" Yedra. Against were: Council President Herman Echevarria and council members Sanchez and Carmen Caldwell.
Herald staff writers David Lyons and John Lantigua contributed to this story.
CUTLINES:
NURI VALLBONA / Herald Staff
GOING HOME: Raul Martinez, right, and his attorney Jose Quinon, after the jury deadlocked.
NURI VALLBONA / Herald Staff
HIALEAH MAYOR: Raul Martinez
color photo: Raul Martinez with his attorney Jose Quinon (a), Raul Martinez (a-Ran in Broward)
Edition: FINAL
Section: FRONT
Page: 1A
Index Terms: HI HIALEAH MARTINEZ PROBE INFLUENCE
Record Number: 9601200599
Copyright (c) 1996 The Miami Herald
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