Pubdate: Thu, 22 Aug 2002
Source: Tampa Tribune (FL)
Copyright: 2002, The Tribune Co.
Contact:  http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Author: Ron Word, Associated Press

DRUG DEALER SAYS PULL PLEA, BLAMES LAWYER

GAINESVILLE - A millionaire drug smuggler should be allowed to withdraw a 
guilty plea because his trial attorney, F. Lee Bailey, misled him and was 
more interested in his fortune than representing him, the man's attorneys 
argued Wednesday.

Bailey told Claude Duboc that he had a "secret agreement" with the judge 
and prosecutors for Duboc to receive a three-to five-year sentence in 
exchange for the 1994 plea.

Duboc instead was sentenced to life in prison, said Duboc's attorney, 
William Moffit, in closing arguments of a two-day hearing. Duboc's 
attorneys are trying to get his guilty plea withdrawn so he can face a 
trial on the decade-old drug smuggling charges.

Duboc forfeited property worth more than $100 million to the government and 
now claims he was pressured by Bailey to enter a guilty plea.

U.S. District Judge Maurice Paul took the issue under advisement and said 
he would rule later. Duboc's attorneys said they do not expect a ruling for 
several months.

Bailey was in financial trouble when he took over as Duboc's attorney. 
Bailey fought to continue representing Duboc because he could borrow 
against $5 million in stock owned by Duboc for his own personal use, Moffit 
said.

"What ... was F. Lee Bailey's motivation?" Moffit said. "Mr. Bailey's 
financial situation was if not dire, ... close to dire."

Bailey was supposed to hold Duboc's stock in a pharmaceutical company in 
trust for the government, former Internal Revenue Service agent Guerry 
Hersey said.

Instead, Bailey placed it in a Swiss bank account and secured a line of 
credit and then transferred money into his personal accounts in the United 
States, Hersey said.

Hersey testified that Bailey converted about $3 million to his own use from 
the stock from 1994 through the end of 1995. Bailey was disbarred this year 
for misusing the stock.

The judge has twice rejected motion's by Duboc to withdraw his plea.
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