The opinion of the court was delivered by: MISHLER
Memorandum of Decision and Order
Defendant was convicted after trial to a jury on June 29, 1972, together with co-defendants George Nathan, Robert Brown and Clarence Nash. Immediately prior to trial, the defendant moved to dismiss the indictment on the ground that the judgment of conviction on a guilty plea to an information in the Southern District of Florida, docket No. 71-776, provided the defendant with the defense of double jeopardy and further that the United States Attorney for the Southern District of Florida had agreed to dismiss the indictment pending in this District as part of the plea bargain.
This court, in a memorandum of decision and order dated June 9, 1972, rejected the double jeopardy claim, denied the motion to dismiss on that ground and directed the defendant to make a formal motion based on the alleged promise of the United States Attorney for the Southern District of Florida, in the event of conviction. The defendant having moved as directed by the court, the court held an evidentiary hearing.
An indictment charging the defendant and twelve co-conspirators with a conspiracy in violation of 21 U.S.C. § 174 was filed in the Southern District of Florida on October 14, 1969, docket No. 69-443-Cr-JE.
The defendant was a fugitive until he was forcibly brought from Colombia, South America to Miami, where he was arrested at the Miami Airport on October 18, 1971. On October 19th George B. Weires, an attorney admitted to practice in the United States District Court for the Southern District of Florida, was assigned to represent the defendant. Mr. Weires was admitted to the Bar less than two years, but had represented defendants in approximately twenty criminal cases. He had gained experience in law enforcement as a stock exchange attorney and legal officer for several years, as a New York State law enforcement officer for two years, and as an immigration and customs officer for about eight years.
The above (New York) indictment, charging a conspiracy under 21 U.S.C. § 174, was filed August 6, 1970.
On November 2, 1971, an arrest warrant directing the United States Marshal to arrest the defendant Rene Boulier was sent to the United States Marshal for the Southern District of Florida. In the meantime, Thomas Dugan, a Special Agent of the Bureau of Narcotics and Dangerous Drugs (BNDD), in charge of the investigation and preparation of the case pending in the Eastern District of New York, was in Florida on unrelated business. In early November he interviewed the defendant at Dade County Jail in the hope or expectation of obtaining evidence that would aid in obtaining a new trial for an important government witness who had been convicted in the state court.
Assistant United States Attorney Neal Sonnett, who had been in charge of this multi-defendant action, had successfully prosecuted the other defendants charged in the Florida indictment. At the time of the defendant's arrest, the defendant's case was assigned to Assistant United States Attorney Michael Patrick Sullivan. Mr. Sullivan, newly admitted to the Bar, was appointed to the United States Attorney's staff on June 1, 1971, and had no prior legal experience.
Soon after his appointment, Mr. Weires contacted AUSA Sullivan for the purpose of exploring the possibility of a plea to a lesser offense in exchange for the defendant's cooperation. Mr. Sullivan advised the Regional Office of the BNDD. Thereafter, and on November 24, 1971, and November 30, 1971, Special Agent Cantu of the BNDD interviewed the defendant in the presence of his counsel at the Dade County Jail. The defendant advised Mr. Cantu that he had evidence of perjury in the state court trial charging Gomez with rape, that he knew the whereabouts of Jesus Torrado, a fugitive charged in the Florida indictment, and that he was ready to give information concerning:
1. The method of smuggling cocaine from South America through Mexico and into the United States;
2. a recent secret process for smuggling cocaine into the United States as a liquid and then restoring it to its original state;
3. the address of United States violators dealing in narcotics in South America;
4. the location of two fugitives being sought by the Bureau residing at that time in ...