Source: Pittsburgh Post-Gazette (PA)
Copyright: 1998 PG Publishing
Pubdate: Mon, 30 Nov 1998
Contact:  http://www.post-gazette.com/
Author: Bill Moushey, Post-Gazette Staff Writer
Note: This is the fifth of a 10 part series, "Win At All Costs" being
published in the Post-Gazette.  The part is composed of several stories
(being posted separately).  The series is also being printed in The Blade,
Toledo, OH email: FEDS FINALLY USE SAFEGUARDS BUT ONLY TO PROTECT THEIR OWN

There is a system in place to keep prisoners from trading lies for
leniency. They are supposed to be given polygraph tests to determine if
they are telling the truth.

But that safeguard is often ignored.

Gilberto Martinez proved the system can work -- at least if the target of
the lies is a federal agent.

In early 1995, Martinez was arrested, convicted and sentenced to a federal
prison for drug-trafficking.

Like many other inmates, once he was in prison, Martinez found a way he
could help the government and, in the process, make himself some extra money.

Authorities said it was a classic case of "jumping on the bus."

Usually, the scam involves inmates who fabricate testimony against
suspected drug dealers or other common criminals, and some prosecutors,
eager for witnesses who will corroborate a crime, ignore safeguards such as
polygraph tests that help ensure a witness's credibility.

Martinez made a mistake. He tried to set up one of the government's agents.

The scheme behind bars began in October 1997, when Martinez contacted a
U.S. Customs Service internal affairs officer to say a fellow inmate,
Narcisco Rodriguez, had information about a corrupt agent. Rodriguez told
internal affairs officers that he had paid $28,000 in bribes to the agent
who was never identified in court papers.

In return, the agent had guaranteed that Rodriguez's brother, Luis
Rodriguez, would have his sentence reduced for cooperating with the federal
government, Narcisco Rodriguez said.

To test the veracity of their accounts, customs officials administered
polygraph tests to Luis and Narcisco Rodriguez. "Both men showed strong
deception," according to an affidavit.

There was no dirty agent, Martinez finally admitted. He planned to pocket
the $28,000 himself. Martinez, a former boxing promoter, pleaded guilty in
the scheme and had 1 1/2 years added to his prison sentence.

There were other repercussions. According to court documents, Martinez's
admission has raised questions about his earlier testimony that helped
federal prosecutors convict a former Miami Beach mayor of corruption and
helped snare some Metro Dade County police officers who were charged with
stealing drugs.

Both are appealing their convictions, basing their appeals on the prospect
that Martinez might have lied.

If he hadn't tried to finger a federal agent, Martinez's veracity as a
witness might never have been questioned.
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Checked-by: Richard Lake