June 7, 2000: Guerrero Acquitted Because of Low IQ
Four-time All-Star Guerrero
acquitted of drug charges
June 7, 2000, Associated Press:
MIAMI
- A former major league hitter was acquitted of drug conspiracy charges Tuesday,
after his attorney argued that his low IQ prevented him from understanding
that he had agreed to a drug deal.
Federal prosecutors argued that Pedro Guerrero, formerly of the Los Angeles Dodgers and St. Louis Cardinals, told an undercover agent and an informant that he would guarantee payment for a $200,000 cocaine shipment.
But Guerrero's lawyer, Milton Hirsch, told the jury that the four-time National League All-Star and co-MVP of the 1981 World Series was duped by his friend, Adan "Tony" Cruz.
"He really never understood that he was being asked to involve himself in a drug deal," Hirsch said.
The jury acquitted Guerrero after four hours of deliberation.
Guerrero, 43, retired from baseball in 1992. Hirsch said he dropped out of sixth grade in his native Dominican Republic, and has an IQ of 70, Hirsch said. The Miami resident can not perform simple tasks, such as writing a check or making a bed, and receives a small weekly allowance from his wife, Hirsch said.
Another friend of Cruz's, Lary Mercedes, was acquitted of conspiracy to purchase drugs on Tuesday.
Cruz, who was to receive the drug shipment, pleaded guilty and is awaiting sentencing.
Cruz and Guerrero met with two informants and undercover Drug Enforcement Administration agent Nestor La Serna at a Miami restaurant on Sept. 29.
One informant, who was wearing a hidden recording device, told Guerrero that he was going to sell Cruz 15 "little animals," and that he understood Guerrero would guarantee payment.
"If he doesn't show up, I'll take care of that," Guerrero allegedly replied.
The next day, according to evidence presented at trial, the informant told Guerrero on the phone that the cocaine was to be delivered shortly and "you're on the hook if (Cruz) doesn't pay."
"Fine, fine, OK, no problem," Guerrero allegedly replied.
Cruz was arrested when undercover agents delivered the sham cocaine to him at a supermarket near Guerrero's house. Guerrero and Mercedes were then arrested at the former ballplayer's home.
Pedro Guerrero Seeks Dismissal
on Drug Charges
December 25, 1999, Associated Press:
MIAMI — Former major league star Pedro Guerrero wants his cocaine trafficking charges thrown out. He says federal drug agents failed to tell him he could contact the Dominican Embassy before he was questioned.
His lawyers recently sought a dismissal in Miami federal court. Guerrero contends Drug Enforcement Agency investigators did not inform him of his rights under the 1963 Vienna Convention.
Guerrero, 43, is a Dominican citizen who lives in Miami. He was a four-time All-Star with the Los Angeles Dodgers and the 1981 World Series co-MVP. He also played for the St. Louis Cardinals before retiring in 1992.
He was arrested in September and charged with trying to buy 33 pounds of cocaine from undercover agents. He is free on $100,000 bail.
Guerrero's lawyers say he would not have made incriminating statements if he had first spoken to his country's embassy. Guerrero has an only elementary school education and says he speaks limited English, despite living in the United States full- or part-time since the 1970s.
"Mr. Guerrero is an unlettered man who has no training in the American legal system," Guerrero lawyer Milton Hirsch wrote the court. "Familiarity with the infield fly rule does not equate with familiarity with the exclusionary rule."
The government has not commented on Guerrero's case, but DEA reports say Guerrero was told about his Miranda rights to remain silent and legal counsel. They do not mention the Vienna Convention, however.
Under that treaty, law enforcement agencies worldwide are required to inform arrested foreigners that they can contact their embassies. But the treaty does not provide any rights not given to the arresting country's own citizens.
The United States is one of 163 countries that have signed the convention, but recently it has been criticized by other governments. They say U.S. police agencies routinely violate the pact.
"Everyone should be told of their rights," said Roberto Saladin, the Dominican Republic's ambassador to the United States. "It's a fundamental thing that everyone knows throughout the world."
Amnesty International has tried unsuccessfully to stop several U.S. executions by claiming the condemned foreigners were not told their Vienna Convention rights.
The State Department complains to foreign governments when arrested American travelers are denied their Vienna Convention rights, and it has sent numerous memos to federal, state and local law enforcement agencies reminding them of their obligation.
The State and Justice departments say that while the right to speak to one's embassy if arrested clearly exists, there is no legal recourse if police violate it.