14719: Hermantin: Sun-Sentinel - Haitian who brought 200 to Key Biscayne may plead guilty (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Sun-Sentinel

Haitian who brought 200 to Key Biscayne may plead guilty
By Tanya Weinberg
Staff Writer

February 6, 2003

The Haitian boat owner accused of organizing a smuggling trip for more than
200 refugees who jumped into Biscayne Bay on Oct. 29 is expected to plead
guilty today.

Lead defendant Edner Dorvil is scheduled to change his not-guilty plea in
federal court in Miami, as is Sali Altanase Jean, the last of the six
co-defendants in the government's case. On Wednesday another co-defendant
entered a guilty plea.

The U.S. Attorney's Office was prepared to argue in a trial scheduled for
Monday that Dorvil coordinated the four-day boat trip for profit.

Among the government's evidence is a ledger with 121 handwritten names, some
with figures ranging from $500 to $5,000 scribbled next to them. The
amounts, presumably passages paid or owed in Haitian currency, range from
about $12 to $120 in U.S. currency.

The sum of 24 figures totals about $1,500 in U.S. currency.

Prosecutors contend that Dorvil paid three co-defendants for their
contributions, including driver Jean Phillip Petite-Homme. However, another
driver, Eli Louis, received no compensation.

The sixth co-defendant, Genel Elmeus Osmin, actually paid for his passage.

"My guy paid the leader guy Dorvil to go on the trip 2,000 Haitian dollars
and two goats," said Harold Keefe, Osmin's attorney.

Osmin pleaded guilty to one count of conspiracy to smuggle aliens into the
United States and, like the other three who entered pleas, faces a maximum
of five years in prison and up to a $250,000 fine.

Osmin acted as security on the boat, although there were no significant
incidents during the four-day voyage, Keefe said.

"After they got started, my guy got along with everybody, so Dorvil asked
him to keep everybody calm," Keefe said.

On Wednesday, Jean Eddy Louis entered a guilty plea for acting as the ship's
mechanic. He does not dispute receiving $200 before sailing, although it is
not clear whether the amount was in Haitian or U.S. currency.

When he successfully fixed a problem that kept the troubled ship afloat on
the way to Miami, Dorvil's wife rewarded Louis with a gold necklace, said
Louis' attorney David Oscar Markus.

"He decided to plead guilty because the prospect of going to trial for him
was overwhelming," Markus said.

Like his co-defendants, Louis faced up to 15 years in prison had he gone to
trial.

"It's a very, very sad case. He wanted to come to the United States and,
because he helped to fix the boat when it was broken, he got caught up in
the conspiracy charge," Markus said. "He really is more of a hero than a
criminal, but unfortunately, the way the laws are written, he decided to
plead guilty."

Louis, 19, boarded the boat with his girlfriend, 16, and 15-year-old
brother, Markus said. The two remain in Immigration and Naturalization
Service custody, as do almost all of the asylum-seeking passengers.

Four pregnant women and two unaccompanied children have been released to
sponsors. At least 10 passengers have won asylum in court, at least 74 have
lost, and the hearings continue on an expedited calendar that has led
advocates to complain of inadequate preparation time.

The arrival of the boat reignited controversy over a policy to detain
Haitian asylum-seekers awaiting hearings.

The government argued the policy was designed to prevent a mass migration
from the troubled island and has since expanded it to include those who
arrive by boat from any nation, except for Cuba.

Under the Cuban Adjustment Act, Cubans are eligible for permanent residency
one year after they make it to dry land, and they are usually released
within a few days of arrival.

The government built its case against the six accused Haitian smugglers
around grand jury testimony of 12 of the boat's passengers. The government
may ask the INS to allow these "material witnesses" to stay in the United
States in return for their cooperation.

One of the witnesses had a criminal history of 23 convictions, including
theft and assault, court records show.

Tanya Weinberg can be reached at tweinberg@sun-sentinel.com or 305-810-5029.
Copyright © 2003, South Florida Sun-Sentinel





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