How to Get Away With Murder in America

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Authors: Evan Wright
Tags: General, Social Science, Law, Criminology
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wife.
    Lehtinen had recently gone through a divorce and then gotten remarried, to a fellow state legislator, Ileana Ros. In 1988, Ros had her eyes on the congressional seat held by Claude Pepper, who was eighty-eight and ailing. Pepper’s death—and a special election to fill his seat—was expected at any moment. But there was a hitch: Hialeah mayor Raul Martinez was the favorite to win.
    Even before Lehtinen took office, federal prosecutors had Martinez on a list of targets for corruption investigation, and in this Albert saw his opportunity. He contacted Lehtinen through his attorney and offered to testify against Martinez in exchange for federal immunity for all his past crimes. Lehtinen jumped at the offer. That’s right: The top law enforcement official in Miami launched his campaign against corruption by going after his wife’s political opponent.
    Lehtinen granted Albert “transactional immunity,” the broadest type the government can give. “Never have I seen an immunity agreement negotiated directly by the U.S. attorney,” says Albert’s then-attorney Fred Schwartz. There was more. The deal Lehtinen crafted omitted a “null and void” provision, without which Albert’s immunity couldn’t easily be revoked, even if he failed to cooperate. (Basic to any contract, “null and void” language is what makes a contract enforceable.) One former prosecutor described the deal as a “government-issued Get Out of Jail Free card.”
    Armed with Albert’s promise of cooperation, Lehtinen’s office targeted Raul Martinez in a corruption case. Details were leaked to the press even before the charges were filed. To those inclined to believe Lehtinen launched the case to undermine his wife’s opponent, the timing was perfect. Martinez was forced to suspend his planned campaign for Pepper’s seat shortly before Pepper’s death, in May 1989. Lehtinen’s wife, Ileana Ros-Lehtinen, won the special election for his House seat, which she still holds today.
    When Martinez was later put on trial, Albert never testified. As Fred Schwartz explains, “My client Mr. San Pedro never testified about Raul Martinez in the trial because my client didn’t know anything about Raul Martinez.” Albert’s offer had been a ruse. Federal prosecutors obtained convictions against Martinez, but they were subsequently thrown out, in part because without Albert’s testimony, the government case lacked sufficient evidence.
    When I contacted Lehtinen, who is now in private practice, he claimed not to remember anything about an immunity deal with Albert, then insisted, “I had nothing to do with it.” His recollection contradicted the findings of federal judge Jose Gonzales, who in 1991 examined Albert’s deal and concluded, “Lehtinen directly negotiated the transactional immunity agreement with Albert San Pedro.” After I shared this with Lehtinen, he said, “I might have approved it. I suppose I had to, since I was the U.S. attorney. All I remember is that Albert San Pedro was a really bad guy. He’s still in jail, I hope?”
    Albert was released from jail on December 20, 1989. Sprung early for good behavior on his state conviction, he returned home, a free man. He could not be federally indicted for any past offenses, though neither the police nor the FBI nor even most federal prosecutors in Miami knew this. His immunity deal with Lehtinen had been kept secret inside the U.S. attorney’s office.

Operation Rabid Dog
     
     
    In 1989, Mike Fisten’s CENTAC had concluded its investigation of the Tabraue smuggling ring. During the trial, the Tabraues burnished their civic image by donating tigers to the Miami Metro Zoo. The family’s love of big cats was legendary. The farm they used as their smuggling hub ran with exotic cats to whom, according to informants, the Tabraues would threaten to feed their enemies. Now those cats delighted families at the zoo, next to a sign thanking the Tabraues. Visiting the zoo that year with his

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