Pubdate: Thu, 14 Oct 1999 Source: Roanoke Times (VA) Copyright: 1999 Roanoke Times Contact: 201 W. Campbell Ave., Roanoke, Va. 24010 Website: http://www.roanoke.com/roatimes/index.html Author: Michael Hemphill, The Roanoke Times Floyd County Man To Serve House Arrest REAL ESTATE BROKER SENTENCED IN CRUZ DRUG CASE Earl Frith was indicted in 1991 on charges he belonged to an international ring that smuggled more than 2 tons of cocaine through the Roanoke Valley. For masking the source of money that a Colombian cocaine smuggler paid him a decade ago for cows, Floyd County real estate broker Earl Frith must spend the next four months confined in his home . Ending a legal odyssey that left Frith in limbo for years, U.S. District Judge James Turk Wednesday also ordered him to pay a $10,000 fine. But in sentencing Frith, the judge said federal prosecutors waited too long to bring the white-haired, 65-year-old businessman to trial and because of that he shouldn't go to prison. Turk's sentence disappointed Assistant U.S. Attorney Joe Mott, who said Frith deserved more than 10 months in prison for his dealings with convicted kingpin Javier Cruz. But it thrilled Frith's 26 supporters who attended the hearing. His son, Mark Frith, cried as he strolled toward the bench and hugged Turk . "I felt that what he did was very beautiful, considering the prosecution wouldn't let it go," Mark Frith later explained. "I was just touched beyond - -- I couldn't hold the tears back any more." Frith was indicted in 1991 on charges he belonged to an international drug ring headed by Cruz and his boss, Leonardo Rivera, that smuggled more than two tons of cocaine through the Roanoke Valley. The indictment, the culmination of a U.S. Drug Enforcement Administration investigation dubbed Operation El Cid, named 50 defendants scattered from New York City to Cali, Colombia, many of whom are still at large. Frith's charges stemmed from a 1989 deal in which he sold 30 pregnant Holsteins for $16,000 to Cruz, who was then posing as a Floyd County dairy farmer. Frith was accused of breaking up, or "structuring," the money into two $8,000 deposits to evade federal banking laws that require cash transaction of more than $10,000 to be reported to the IRS. The U.S. Attorney's Office kept the 1991 indictment sealed for six years, claiming its release would jeopardize Operation El Cid. When the case finally went to trial in 1998, a jury convicted Frith of structuring, acquitted him of two cocaine charges, but deadlocked on a money laundering count. Turk declared a mistrial on the laundering charge. He then dismissed both that and the structuring conviction, agreeing with the defense that Frith's right to a speedy trial under the Sixth Amendment had been violated. Prosecutors appealed, and in June, the 4th U.S. Circuit Court of Appeals overturned Turk and ordered Frith be sentenced. Defense attorney David Walker appealed the 4th Circuit's ruling to the U.S. Supreme Court, which has yet to decide whether to hear the case. Last week, Walker asked Turk to postpone the sentencing until the high court's decision. Turk refused, but Wednesday expressed sympathy for Frith's situation. "The thing that concerned me then, and the thing that concerns me now, is the long delay in bringing you to trial," Turk said. "It still seems to me your constitutional rights were violated, and nothing the 4th Circuit wrote in its opinion convinces me otherwise." Afterward, Frith said, "I didn't knowingly do anything to help the drug business. ..." Both he and his attorney claim the government spent too much pursuing him and not enough on Cruz, who fled to Colombia in 1998 before his sentencing. n August, Cruz was rumored to have been shot and killed. "People high up in our government want us to believe he was killed in Colombia," Frith said. "God knows what the government's done with him." Told of Frith's accusation, U.S. Attorney Bob Crouch laughed and said the government has done nothing with Cruz. "I certainly have no knowledge that's occurring," Crouch said, "and we were certainly disappointed he fled, in part because we wanted him to receive justice in our system as well as credit for what he'd done. ... Certainly, rhetoric is not unknown in the courtroom." Crouch says he still has no confirmation from Colombia about Cruz's reported death. The U.S. Marshals Service has an open file on Cruz listing him as a fugitive. As for Frith, he now begins his four months at home monitored by an electronic ankle device, free to manage his properties including the 314 acres around Galax for which he paid $414,750 two weeks ago at a Dixon Lumber Co. auction. Frith left court Wednesday still facing a possible retrial for the money-laundering charge, which the 4th Circuit reinstated along with the structuring conviction. owever, Crouch said his office will not seek to try Frith again. Meanwhile, arrests stemming from Operation El Cid continue. uthorities Sunday arrested Humberto "PumPum" Cadavid in Sydney, Australia. The government alleges he was Rivera's lieutenant and arranged for delivery of 396 pounds of cocaine from New York to Arizona in 1990. Mott said Wednesday that he hopes Cadavid will be extradited to the United States by January to stand trial on his two charges. - --- MAP posted-by: Richard Lake