AIDS Institute trial press 05/15/99

Kouri trial 05/15/99

Rossello seeks to avoid courtroom

By MARTY GERARD DELFIN
Of the STAR Staff

Gov. Rossello acknowledged Friday that he was subpoenaed to testify by the defense in the San Juan AIDS Institute trial, but would file a motion asking federal court to allow him to give his testimony from La Fortaleza. The governor was ordered to be ready to testify on Tuesday when the embezzlement trial resumes against Rossello's former health adviser Yamil Kouri and two others. The subpoenas were delivered by U.S. Marshals on Thursday night. "I don't have any problem with answering questions," Rossello said. "What I want is for them to differentiate from being willing to answer questions and having to participate in a spectacle and having to subject future governors to the possibility of always being called to testify in cases of criminal defendants." Benny Frankie Cerezo, Kouri's principal defense lawyer, wants Rossello to tell the jury that he didn't receive any political contributions from his client or anyone else at the San Juan AIDS Institute. During a press conference, at the Golden Triangle Summit, which took place in the Condado, Rossello maintained he is not a "witness for the defense" because he has no "exonerating proof of the defendants." He criticized the "somber precedent" to be established "that every time a criminal defendant or an unscrupulous or irresponsible lawyer wants to deviate attention from their case, they'll continuously call on Puerto Rico's governor." This will be the first time that a sifting governor in Puerto Rico has testified in a criminal trial, according to legal observers. Former Institute consultant Kouri, operations manager Jeannette Sotomayor and property custodian Armando Borel are on trial for allegedly embezzling $1.4 million in federal funds. As the STAR observed and reported, Cerezo prepared and gave federal Judge Jose A. Fuste the subpoena at the judge's bench on Thursday, trying to hide the document from reporters. Other subpoenas were pushed away and stuffed into Kouri's bag. The defense wants to impugn the governments star witness, Angel Corcino Mauras, who told the jury that he helped launder money at the institute, under Kouri's orders, that allegedly went for political contributions to Rossello, former San Juan Mayor Hector Luis Acevedo and other politicians. Rossello and Acevedo have publicly denied the charges, Acevedo, who the defense announced would be called, has not received a subpoena, said his spokesman Francisco Doltz on Friday. Acevedo did say he would testify if called as a witness. Fuste has ruled that he would have to hear Rossello's testimony before deciding whether to allow the jury to hear it. It's not known whether Fuste will listen to Rossello in open court or in his chamber. Last week, the judge held a hearing without the jury to decide that testimony provided by Julia Carmona, another defense witness, was inadmissible. Rossello's lawyer John Garcia was expected to file a motion to ask the court to allow Rossello to testify from La Fortaleza. At press time Friday, no motion had been filed. Some lawyers compared the motion to a court decision last year that allowed President Clinton to testify via videotape from the White House before a federal grand jury investigating the Monica Lewinsky scandal. "President Clinton was the target of the investigation and the court allowed him to testify from the White House. The governor, in this case, is not on trial, so I don't think there should be any problem," a criminal lawyer said. At a side bar meeting with Fuste, Cerezo went over different scenarios that could occur with his upcoming witnesses, including the governor next week The defense's current witness, Dr. Joaquin Perez Mendez, who was still being cross examined by assistant U.S. Attorney Maria Dominguez, has been called back to testify on Thursday. Cerezo said he preferred that Rossello come to federal court and testify from the witness stand and not from La Fortaleza. "Assume that he is going to testify," Fuste told the lawyers. But it wasn't clear whether the judge was referring to Rossello or former politicians such as Acevedo and Supreme Court Baltasar Corrada del Rio, the San Juan mayor at the time the institute was created in 1987. The defense has stated that it also wants to call Corrada. Fuste was overheard at the sidebar, saying that he didn't want the defense turning the court proceeding into "a circus." Rossello's testimony could open the doors for new evidence to be presented concerning the AIDS Institute or Kouri, his former advisor on the health reform. It is also seen as somewhat of a personal victory for Cerezo, a former New Progressive Party legislator and political analyst, who has long been at odds with Rossello over private matters. In his regular radio program, Cerezo has attacked the governor and many of the Rossello administration's policies. After the 1996 Democratic Convention in Chicago, Cerezo criticized in his radio show the local press' coverage given to Rossello who was invited to speak on health issues. On Friday as he was leaving court, Cerezo, who has been mum on every aspect of the case because of the court's gag order, broke his silence about the way some members of the media are reporting the trial. While he didn't mention names, he accused some reporters attending the court proceedings of appearing to be "enjoying themselves." "Here, we have seen the press running in small groups, laughing at what one does, and a thousand other things more, which to a person like me, who accidentally has participated in the mass media, pains me," Cerezo said. "There are people who are distorting the information. There are some journalists who I haven't said anything to them about this because they're going to edit and present it in their own way," said the veteran criminal lawyer.
The Associated Press contributed to this story.

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