Pubdate: Thu, 10 May 2007 Source: Charlotte Observer (NC) Copyright: 2007 The Charlotte Observer Contact: http://www.charlotte.com/mld/observer/ Details: http://www.mapinc.org/media/78 Author: Sarah Ovaska/ (Raleigh) News & Observer SUSPECT FREED AFTER ACCOUNT OF FORCED PHOTO IN SOMBRERO RALEIGH -- A Raleigh-based Drug Enforcement Administration agent made a Hispanic suspect put on a sombrero and hold a Mexican flag and then took his picture, the suspect's attorney said. The defense attorney, Jeff Cutler, said a prosecutor and law enforcement officers confirmed the existence of the 2005 photograph of Jorge Hernandez-Villalvazo during a pre-trial meeting last week. Within minutes, the prosecutor offered a plea deal, avoiding a trial and freeing Hernandez-Villalvazo. Hernandez-Villalvazo left the Wake County jail Friday, two years after his arrest on a charge of conspiring to traffic cocaine. "They humiliated him," Cutler said. Wake District Attorney Colon Willoughby, whose office handled the case, said the photo was a mistake. "It shouldn't have happened," he said. DEA officials on Wednesday would not identify the agent or release the photo. No cocaine was seized from Hernandez-Villalvazo, Cutler said. He said his client turned down a previous plea deal for a three-to four-year sentence because he was innocent. - --- MAP posted-by: Beth Wehrman