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Going Through These Things Twice

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Molineiro is both the worst and best thing that ever happened to Reyes. His street smarts allowed him to win the crafty councilman's confidence and gather the incriminating conversations that are the cornerstone of the trial. His repeated failings as an informant have given Reyes his one chance to escape conviction against overwhelming evidence.

The problem for the prosecutors is that most of the on-location action shoots by the FBI Stingovision crew put Julio in a co-starring role, making it impossible to eliminate his speaking lines in court. Future jurors will undoubtedly be extremely curious about that chatty little guy with the beer belly and the big cigar who is in on most of the essential action, including the presentation of the $50,000 payment to Reyes. No one's going to buy the explanation that Julio was simply the FBI's "best boy" toting the sound equipment around on the set.

Given all the negative material the defense has on Julio, the feds will likely have to retool his character to that of a slimy street person who was utilized by the FBI only because he could bond with Ben. Just as Ramsey "inoculated" client Reyes by voluntarily disclosing how Ben had falsely claimed to be wounded in Vietnam, so the prosecutors will try to disclose all Molineiro's warts at the start of the second trial.

"Attanasio's a bright kid," said attorney Dan Cogdell of his 32-year-old federal opponent. "I think he's got a better case without Molineiro than with him." Cogdell, who represents Peavy, allows that keeping Molineiro off the stand affects some of the government's case, but he figures Attanasio can work around the holes.

In the replay, Molineiro's high-profile role in court will likely go to his supervisor, FBI Special Agent Ron Stern, the man who designed the federal sting. "All they have to do is put Stern on to say I was there, I listened to all the tapes and I've reviewed the recordings, and they're complete, they're accurate and they come in," says Cogdell. "You don't have to have everyone on the tape there."

Cogdell is concerned that if the government uses Stern to introduce the tapes instead of Molineiro, it may make it difficult to present impeachment evidence showing that Molineiro was a known liar and thief who was capable of manipulating the tapes to falsely incriminate his targets. "Without Molineiro, some of that fun stuff may not be there," says Cogdell.

Ramsey, in representing Peavy, feasted on Julio throughout the trial with descriptions like "worm," "snake" and "a rotting mackerel glistening in the moonlight." Ramsey seemed unconcerned at the possibility of losing his favorite federal whipping boy.

"If they don't [use Molineiro], we will," Ramsey laughed as he talked to the post-mistrial media gathering. "Julio will be here again if we go to trial again."

A human chameleon, Molineiro was recruited fresh out of a Paraguay prison in the early 1980s. A DEA mentor brought him to the United States to do drug surveillance work in Houston. On the stand during the first trial, he absorbed like a sponge the mannerisms and jargon of the lawyers who interrogated him. Just as he had masterfully portrayed a corrupt Latin American businessman in winning Reyes's confidence, Molineiro transformed himself into the role of expert witness for the FBI, at least until defense attorneys forced him to admit to theft, drug abuse and official misconduct.

The first time around, Hotel Six played out as a duel of the two master con men, Ben and Julio. Much of that was depicted in the series of FBI audio and video recordings featuring the two with a rotating cast of supporting players. At times during the first proceeding, Molineiro and Reyes almost seemed like reverse sides of the same coin. They were easily the most intriguing personalities to testify — Molineiro a glib shape-shifter and Reyes a dark, brooding presence.

Both have built careers based on government service, but of very different sorts: Reyes began in the state Legislature in the early '70s representing his Denver Harbor stronghold in East Houston, and progressed to a district position on City Council covering the same area. He tried going national with two campaigns for Congressional District 29, a seat carved by the state Legislature for the express purpose of electing a Hispanic. Incumbent Gene Green defeated Reyes in both contests, largely because Reyes was already burdened with accusations of personal corruption.

Portentous and powerful to the end, Reyes on the stand remained unruffled, and prosecutor Attanasio treated him with far more caution than he had Castillo and Yarbrough. In the end, it seemed to pay off for the prosecutors.

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Tim Fleck
Contact: Tim Fleck