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26321: Craig (news) Star witness names ex-Haitian official in drug case (fwd)





From:  Dan Craig <sak-pase@bimini.ws>

Posted on Sat, Sep. 24, 2005
CRIMINAL JUSTICE

Star witness names ex-Haitian official in drug case

A former Haitian National Police commander implicated one of his top agents in a drug-conspiracy trial underway in Miami federal court, tarnishing the Aristide government.
BY JAY WEAVER
jweaver@herald.com <mailto:jweaver@herald.com>

The U.S. government's star witness said he once taught Haiti's anti-drug chief in high school, served as his boss in the national police, admitted to smuggling cocaine with him and often socialized at his home.

Yet on Friday, when asked if he saw him in the courtroom, Jeannot Francois mistakenly identified a federal prosecutor for the defendant, Evintz Brillant.

''Yes, I see him,'' Francois testified, staring straight at Justice Department attorney Thomas Pinder in Miami federal court. ``He's wearing glasses and a white shirt.''

Moments later, Assistant U.S. Attorney David Weinstein asked the witness to stand up and look around the courtroom for Brillant. ''I made a mistake,'' Francois said. ``He's sitting right there, wearing a blue shirt.''

No doubt, the government's key witness got off to a shaky start on the first day of Brillant's cocaine-smuggling conspiracy trial, but Francois made up for it when he directly fingered the defendant's involvement in drug sales and hefty bribes.

But the irony of Francois, 43, taking the witness stand against Brillant, 33, was apparent: Francois was never charged for his role in the alleged drug conspiracy, while Brillant faces life in prison if convicted.

''I had close contact with him because he was a former student of mine [in high school],'' said Francois, who also once worked as a medical doctor in Haiti. ``We were friends. I used to go to his home.''

The charges against Brillant, Haiti's former anti-drug chief, stemmed from last year's wide-ranging probe into the government of deposed Haitian President Jean-Bertrand Aristide. Three other Haitian national police officials have pleaded guilty.

Brillant remains the only one to face charges that he shook down Colombian and Haitian drug traffickers for tens of thousands of dollars so they could ship tons of cocaine through the Port-au-Prince airport from February 2001 to July 2003. The trial resumes Tuesday.

Before Friday's testimony, U.S. District Judge Marcia Cooke granted the government's request to disallow a polygraph test taken by Brillant in August 2002. He passed the exam -- required by the Drug Enforcement Administration -- indicating he was not involved in illegal drug activity in his country.

Brillant's lawyer, Howard Schumacher, urged jurors in opening arguments not to convict his client based on the company he kept in that country.

''There is an absolute lack of physical evidence,'' Schumacher said. ``This case is being made on the basis of convicted drug dealers and money launderers.''

Afterward, Francois testified that he joined Haiti's national police force in 1998. He rose to a command post overseeing criminal investigations, drugs and other units -- before he slipped out of the country amid death threats in 2003.

Starting in late 1999, Francois said that he, Brillant and other corrupt Haitian officers took a ''large quantity'' of confiscated cocaine kept in a police vault. Francois said they destroyed half of the cocaine in a ''drug burn'' -- in the presence of DEA agents -- and secretly kept four to six kilos for themselves.

Francois said he ''entrusted'' the cocaine to Brillant, who sold it and gave him a $6,000 cut.

Over the next three years, Francois testified their illicit network expanded dramatically. At one point, Francois promoted Brillant to anti-drug chief at the Port-au-Prince airport -- the hub for cocaine shipments, shakedowns and bribes.

He said Brillant was in the middle of all the deals with Haiti's biggest traffickers, namely Jacques Ketant, Serge Edouard and Ronald Vielot. All three men have since been convicted in the United States.

Francois said that Brillant, other police and Aristide's security chief, Oriel Jean, schemed to confiscate $450,000 in drug proceeds from a Haitian-based Colombian drug trafficker at the Port-au-Prince airport in the summer of 2002.

Francois said the group gave back $300,000 of the seized drug proceeds to the trafficker, Carlos Ovalle, and kept the rest as payment for their protection. Francois said he was not compensated.

http://www.miami.com/mld/miamiherald/news/local/12728543.htm