Pubdate: Sat, 15 Nov 2003 Source: Sacramento Bee (CA) Copyright: 2003 The Sacramento Bee Contact: http://www.sacbee.com/ Details: http://www.mapinc.org/media/376 Author: Denny Walsh, Bee Staff Writer Correction: at http://www.sacbee.com/content/news/story/7797691p-8738792c.html "A headline on page B1 Saturday incorrectly said the federal government has asked for a 15-year sentence for Miguel Palominos, who was found guilty Friday of manufacturing marijuana plants. The prosecution plans to retry Palominos on two other counts on which the jury deadlocked; he faces a minimum of 15 years in prison if convicted on all counts." 15-YEAR PENALTY ASKED IN POT TRIAL The Defense Asks: Why Throw the Book at a Suspect Plucked From Mexico to Tend the Crop? The government caught up with a young Mexican man watering a marijuana garden in rural Northern California and is hoping to put him behind bars for at least 15 years. Miguel Palominos is another in a parade of young Mexicans who are recruited to tend California marijuana crops. His attorneys insist he was not told what he was going to be doing until he "was dropped in the middle of nowhere" in Tehama County. Invariably, these "irrigators," as they call themselves, are the only ones apprehended when the gardens are raided. Part of their value to the growers is that they are expendable, easily replaced from an endless supply, known as "throwaways" by the lawyers in the federal defender's office who wind up representing them. "It's what we used to call 'indentured servitude,' which is a polite phrase for slavery," Timothy Zindel, an attorney for Palominos, told the jury in his closing argument this week in U.S. District Court. Defense lawyers estimate that the U.S. attorney's office in Sacramento has prosecuted between 40 and 50 of these cases over the past decade in federal court, where the penalties are draconian compared to state court. If convicted on all counts, Palominos is facing a minimum 15 years in prison. Had he been charged with cultivation in state court in Tehama County, he would likely have been out of prison and deported by now. Federal Defender Quin Denvir has said prosecutors tout the harsh treatment as a deterrent. "There is no deterrent," he said. "Farm workers in this country and people in Mexico will never hear about these cases." For eight days, the government paid two assistant U.S. attorneys, two assistant federal defenders, five interpreters rotating in teams of two, U.S. District Judge William B. Shubb, and 12 jurors and two alternates to try Palominos. Defense attorneys Daniel Broderick and Zindel mocked the idea that Palominos conspired to grow nearly 13,000 pot plants and that he possessed three firearms to carry out his scheme. "You would think the U.S. attorney's office would have better use for its resources," Broderick, a former federal prosecutor, said outside of court. "This has no business in federal court. I think it's statistically driven. It's just a scalp for them and it's easy." U.S. Attorney McGregor Scott vehemently supports the prosecutions generally and the Palominos case specifically. "This was a very large grow, and anybody involved would know this," he said of the conspiracy charge against Palominos. "Secondly, these people are armed. This isn't somebody growing a couple of weeds in their back yard. In the past three years we've had five separate shootings in connection with these large grows," he said. "These operations are run by large Mexican cartels. Someone had a phony birth certificate created for (Palominos) showing he was under 18 and couldn't be prosecuted as an adult. That doesn't just happen. "It's not a perfect world from our perspective. We'd love to be able to go after the guys in Mexico who are behind all this." Police officers in the northeast part of the state have such confidence that federal prosecutors in Sacramento will accept cases like the one against Palominos that a Tehama County sheriff's detective told him the day he was arrested that he was facing a lengthy federal prison sentence. Palominos was charged in a federal grand jury indictment with manufacturing and conspiring to manufacture 1,000 or more plants, and possessing three firearms - a pistol, rifle and shotgun - to carry out drug trafficking crimes. He had none of the guns in his possession when arrested, but they were found at the site. The jury found him guilty Friday of manufacturing, but deadlocked on the conspiracy and weapons charges. The deadlock is only the second time the government has had a problem in Sacramento securing a conviction in such a case. U.S. District Judge Frank C. Damrell Jr. last year threw out a jury's guilty verdict, calling it "a serious miscarriage of justice." The government's appeal is pending. At a conference with Shubb on Wednesday, prosecutors are to request a date for retrial of Palominos on the conspiracy and weapons counts. Palominos, who has no formal education and cannot read, write or count in Spanish or English, is not sure of his age but thinks he is 22. He is from the village of Coalcoman in the western Mexican state of Michoacan, where he has spent his whole life. His mother and two sisters depend on him for financial support. He has no criminal record. According to court records, trial testimony and his attorneys, this is his story: Palominos was approached last year by an older man in his village who said he could get him work in the United States. He was given money for a bus ticket to Nogales, where he was met by a professional smuggler, called a "coyote," who sneaked him into Arizona. From there, he was transported to the marijuana garden not far from the Tehama County hamlet of Manton. He was hired by a man known to Palominos only as "Jose," who promised him $1,000 a month to water the plants, but said he would get no money until Jose and the coyote had been paid for their work. Jose gave him a backpack with a pistol in it and told him not to leave the camp and not to make a fire at night. Palominos believes this all occurred in June 2002, but he's not sure. When he was arrested Aug. 5, 2002, he hadn't been paid. His wallet was empty - no money, no identification, no pictures. When the camp was raided, four others watering the plants and living with him escaped. "Everybody else knew the way out," Zindel told the jury. Sheriff's deputies confiscated 12,997 marijuana plants. Federal law allows someone like Palominos to be held responsible for what others have plotted. That let prosecutors Samuel Wong and Philip Ferrari include conspiracy and firearms charges. Sympathy has no place in the courtroom, and the jurors were told that four times: by Wong and Zindel in their closing arguments, by Ferrari in his rebuttal to Zindel's closing, and by Shubb in his instructions on the law. - --- MAP posted-by: Richard Lake