Pubdate: Wed, 14 Jan 2004
Source: Daytona Beach News-Journal (FL)
jcenter.com/NewsJournalOnline/News/Florida/03FloridaSTAT23011504.htm
Copyright: 2004 News-Journal Corp
Contact:  http://www.n-jcenter.com/
Details: http://www.mapinc.org/media/700
Author: Catherine Wilson, Associated Press

TWO MIAMI DRUG JURORS GET 5 YEARS FOR TAKING BRIBES

MIAMI -- Two jurors were sentenced Wednesday to five years in federal prison
for taking bribes to acquit two reputed cocaine kingpins in the biggest
vote-buying scandal of its kind.

Gloria Alba and Maria Penalver admitted tainting the verdict for Sal Magluta
and Willy Falcon nearly eight years ago in the only known federal trial with
more than one corrupt juror.

Alba pleaded guilty to obstruction of justice for taking $300,000 of a
promised $1 million. Penalver, who pleaded guilty to obstruction conspiracy,
received about $20,000.

Jury foreman Miguel Moya was convicted at his second trial and is serving a
17-year sentence for taking a $500,000 bribe.

"This has got to be most significant jury travesty that we've ever seen,"
said U.S. Attorney Marcos Jimenez. "They struck at the very heart of our
system of justice."

The stunning acquittals in 1996 were blamed for an indiscretion with a
topless dancer that brought down then-U.S. Attorney Kendall Coffey.

Prosecutors responded with a tenacious probe of the Magluta-Falcon
organization, resulting in more than 40 convictions.

The two Miami high school dropouts allegedly made a $2 billion profit
smuggling 78 tons of cocaine and helping turn the city into the drug capital
of the world in the 1980s.

Alba's husband, Isael, payoff intermediary Raul Sarraff and Penalver's
ex-boyfriend Gerald Rodriguez also pleaded guilty and were sentenced.
Sarraff received five years, Isael Alba four years and nine months and
Rodriguez six months.

Sarraff is forfeiting $100,000 and the Albas $44,000 on the sale of their
homes. All but Gloria Alba were taken into custody immediately. She must
surrender after the birthdays of her two school-age children next month.

Prosecutors suspected for years that a woman juror was corrupt but didn't
have enough evidence to charge anyone until last year.

That's when Jose Fernandez, a convicted associate of Magluta and Falcon,
acknowledged passing $900,000 to his real estate partner, Sarraff, who lived
in the same building as Gloria Alba.

Sarraff, 48, who pleaded guilty to obstruction, agreed to wear a wire on the
Albas, and four meetings were taped by the FBI. In a sting, Sarraff paid the
Albas $50,000 to keep them silent as a new trial approached for Falcon last
year. The Albas spent $13,900 of the undercover money before their arrests.

Under arrest, Gloria Alba agreed to testify that Moya and Penalver were
aligned in deliberations and Penalver aggressively pushed for acquittals.
Isael Alba, 41, pleaded guilty to obstruction.

"They had an enormous blind spot when presented with what was an immense
carrot," said Ruben Oliva, the Albas' defense attorney. "They compromised
our justice system, and it is tragic that it happened."

About $17,500 in cash deposits were traced to bank accounts held by Penalver
and then-boyfriend Rodriguez, and investigators counted 38 calls from
Penalver's cell phone to Moya's house starting days after the verdict.

Penalver testified that she felt she was in danger from a drug organization
with a record of witness hits after Moya made his pitch to her and she tried
unsuccessfully to get off the jury.

In a subsequent trial, Magluta was acquitted of charges that he ordered hits
on three drug dealers-turned-informants. Investigators maintain he was to
blame for attacks on others as well.

Penalver denied the prosecution claim that she pressed other jurors for
acquittals but admitted perjuring herself at Moya's two trials. The judge
rejected her testimony, saying it was not "particularly credible."

Rodriguez, 30, admitted lying to the FBI when asked in 2001 whether he
thought Penalver had taken a bribe.

Magluta is appealing a life sentence imposed last year in part for the bribe
scheme, and Falcon is serving 20 years on a plea bargain for money
laundering.

"This is the aberration that I see here today," the judge said in praising
the jury system. "This is the exception to the rule, and the rule is, 'It
works."'
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