AIDS Institute trial press 05/14/99
Kouri trial 05/14/99
Cerezo submits Rossello subpoena
By MARTY GERARD DELFIN
Of the STAR Staff
Yamil Kouri's lawyer prepared a subpoena Thursday for Gov. Rossello to testify in the San Juan AIDS Institute trial.
The move followed a ruling from the judge that cleared the way for the governor to be called as a witness. It was not clear at press time whether the subpoena had been issued by U.S. District Court.
Lawyer Benny Frankie Cerezo was seen giving federal Judge Jose A. Fuste the subpoena at a sidebar meeting around 4:45 p.m when the court session ended. Afterwards, he declined to comment.
"There's a gag order. I can't discuss anything about that," he said as he left the federal court building in Hato Rey.
The defense wants the governor to deny in front of a jury that he ever received political donations from anyone at the AIDS Institute as alleged in prior- testimony.
Kouri, former operations manager Jeannette Sotomayor and former property, custodian Armando Borel are on trial for allegedly embezzling $1.4 million in federal funds from the AIDS Institute, where Kouri served as a consultant in the late 1980s and early '90s.
Fortaleza Assistant Press Secretary Eliot Rivera said the governor has not received any subpoena.
A government source told the STAR that Rossello would try to quash any attempt to force him to testify. The source said that the governor cannot use Justice Department to represent him but have to hire his own lawyers to advise him.
Earlier in the day, Fuste ruled that he would allow the defense to subpoena Rossello and former Mayor Hector Luis Acevedo because he believed the defendants had a right to do so.
But the judge said that he would have to hear their testimony outside the presence of the jury before deciding whether they should testify before members.
Fuste made the decision after hearing oral arguments Wednesday on the defense's intentions to call in the governor and former politicians.
The defense lawyers have said they want to bring Rossello and Acevedo to discredit the government star witness, former AIDS Institute controller Angel Corcino Mauras, who said that money was laundered by Kouri for political contributions.
Both Rossello and Acevedo have denied that they received donations from the AIDS Institute.
Prepared subpoenas were brought to court by one of Cerezo's office workers. He gave Cerezo a group of subpoenas but the lawyer shoved aside all but the one that named Rossello. Kouri took the rest and stuffed them into his briefcase. Cerezo took the one that named Rossello, stuck it under a writing pad, and later handed it to the judge.
The defense had previously subpoenaed San Juan Circuit Court of Appeals Judge Zaida Hernandez Torres, the former House speaker, but decided not to call her on Thursday.
Corcino testified that Hernandez was at a meeting at New Progressive Party headquarters when Rossello asked former institute board member Luis Dubon Otero to raise $250,000.
Lawyers also said they intend to call Supreme Court Justice Baltasar Corrada del Rio, who served as mayor of San Juan when the institute was created in 1987.
Fuste warned that calling either Corrada or Hernandez could open the door for the government to bring new evidence in the case.
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