Pubdate: Fri, 14 Oct 2005 Source: Boston Globe (MA) Copyright: 2005 Globe Newspaper Company Contact: http://www.boston.com/globe/ Details: http://www.mapinc.org/media/52 Author: Shelley Murphy, Globe Staff Bookmark: http://www.mapinc.org/pot.htm (Cannabis) SOME CHARGES DROPPED IN TRAFFICKING TRIAL Prosecutors Look To Avoid Inquiry On Alleged Informants Federal prosecutors have agreed to drop some of the charges against a man accused of trafficking marijuana, to avoid court hearings into allegations of government misconduct involving two alleged informants. Arlindo Dossantos said that after his arrest on federal drug charges in 1999, two suspected FBI informants paid for his lawyer, pressured him to cooperate in a federal probe into corruption in the New Bedford Police Department, and threatened to hurt his family if he did not help them smuggle marijuana into Massachusetts. In affidavits filed in court, Dossantos said the alleged informants took credit for getting the 1999 charges dropped, but also warned him that he would be indicted if he did not cooperate with them. Dossantos said that he refused and was indicted in July 2001 on new charges, which included drug deals orchestrated by the alleged informants. Just as a hearing was set to begin in federal court in Boston on Tuesday, prosecutors said they planned to avoid a judge's inquiry by dropping some charges against Dossantos, 36, of North Dartmouth and his codefendant, David Breault, 42, of Acushnet, for alleged drug dealing that occurred after the initial arrest in August 1999. In a motion filed yesterday, Assistant US Attorney William F. Bloomer said the government was dropping two of the charges against Dossantos and Breault "in the interest of justice." US District Judge Douglas P. Woodlock said it was not necessary to explore assertions that corrupt informants initiated the crimes that occurred after the summer of 1999 if those crimes are no longer part of the case. Three counts remain in the indictment brought against him in 2001, including a charge that Dossantos ran a criminal enterprise between 1991 and 1998. Samantha Martin, a spokeswoman for US Attorney Michael J. Sullivan, said federal prosecutors will not discuss the allegations. They have stated in court, she said, that no government misconduct occurred. If the hearing had gone forward, the government may have been forced to disclose whether the two men accused of manipulating the defendants on behalf of the government, David Collins and John "J. D." Dana, both of Florida, were informants. Collins, a Providence native who works as a bail bondsman in Florida, refused to comment on the allegations at the courthouse Tuesday. Dana could not be reached for comment. But Collins's Boston lawyer, Anthony Cardinale, said his client is "absolutely not" an informant. "It's easy to make claims of government misconduct and hope you can get lucky," said Cardinale, declaring the allegations were a "last gasp" by Dossantos. Dossantos's Boston lawyer, Robert Goldstein, would not comment on the case. But, Boston lawyer Peter Krupp, who represents Breault, said the defense was prepared to prove government misconduct. In a series of affidavits filed in court, Dossantos contends that after his arrest on federal drug charges in August 1999, his previous lawyer, John McBride, arranged for him to meet with a federal prosecutor and agents who were investigating allegations of corruption in the New Bedford Police Department. Dossantos said he refused to meet with agents again because he feared someone had leaked that he was cooperating. In early August 1999, Dossantos alleges, Dana introduced him to Collins, who told him to fire McBride and fronted him the money to hire Boston lawyer Richard Ivker. Dossantos said that Collins and Dana were FBI informants who infiltrated his defense and that Ivker told him he had "direct orders" from Collins to make Dossantos resume meeting with federal agents. In a brief telephone interview, Ivker denied Dossantos's assertions, saying, "I represented him appropriately, and all of his other allegations were nonsense." Ivker, who is appealing last year's order by a state Supreme Judicial Court justice that suspended his license to practice law for two years because of his conduct in two other cases, would not comment on whether he knows Collins. Dossantos said in his affidavits that Collins and Dana threatened him and his family if he did not repay them $125,000 for the lawyer's fees and if he did not give them out-of-state drug contacts so they he could smuggle marijuana into Massachusetts. Joseph Pavone, who is awaiting trial on charges that he was part of a crew of gangsters that robbed drug dealers and killed a Medford teenager, also has filed an affidavit in the case. Pavone says he accompanied Dana when he threatened Dossantos. - --- MAP posted-by: Elizabeth Wehrman