Pubdate: Thu, 06 Sep 2001
Source: Houston Chronicle (TX)
Copyright: 2001 Houston Chronicle
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198
Author: Ed Asher

GRAMMY NOMINEE CONVICTED OF DRUG TRAFFICKING

A federal jury Thursday convicted a Grammy-nominated rapper/producer of 
drug trafficking but acquitted him of a conspiracy charge.

John Forte, 26, of New York City could get 10 years to life in prison.

U.S. District Judge Sim Lake ordered Forte into custody pending sentencing 
Nov. 20. Forte, who had been free on bond, was led from the courtroom in 
handcuffs.

Assistant U.S. Attorney Stacy de la Torre said Forte allowed his greed to 
ruin a promising music career.

"He needed money, and this was a quick and easy way to get money," she said.

But defense attorney Tony Serra said Forte is innocent and will appeal.

He said it was strange the jury would convict Forte of possession with 
intent to distribute cocaine but then acquit on the charge of conspiracy to 
possess.

About one hour before the verdicts were returned, the jury foreman sent out 
a note saying the panel was deadlocked. But Lake told them to continue 
deliberations.

"I think the jurors compromised," Serra said. "And there is no justice when 
there is a compromise.

"I think they went back in and said, `You give me this count and we'll give 
you that count.' They were hung and that was an easy way out.

"The hour is late and they want to go home."

But de la Torre said the evidence overwhelmingly pointed to guilt. "There 
is no denying the tape," she said.

She referred to secretly recorded tapes of telephone conversations in which 
Forte is heard to say things like "put the ice cream on ice."

According to testimony, ice cream is sometimes used as slang for cocaine. 
Prosecutors said the cocaine was frozen in ice packs so drug dogs could not 
pick up its scent.

A dealer paid Forte $30,000 to hire couriers to transport cocaine from the 
South Texas border to New York City on several occasions, prosecutors said.

Forte said he thought they were carrying cash owed to a friend of his.

Two couriers were arrested at Hobby Airport in July 2000 trying to catch a 
connecting flight from Harlingen to New York City. They agreed to cooperate 
in a sting operation, which led to Forte's arrest in Newark, N.J.

One issue that may be raised on appeal involves a bizarre event Wednesday. 
The jury foreman sent out a note saying a female juror had problems 
understanding English and claimed she had understood less than half of the 
testimony.

Lake proposed dismissing the woman and replacing her with an alternate 
juror. Both sides agreed.

"It's my first experience with that issue, so I'll have to research it," 
Serra said.

But de la Torre said, "They (defense) did not object at the time. So I 
think they would have a difficult time raising it for the first time on 
appeal." 
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MAP posted-by: Richard Lake