Apr 09, 2007, 10:43 AM
KEY WEST -- Baseball and human smuggling came together Wednesday in a federal courtroom, where a respected sports agent is on trial on charges of masterminding and financing an operation that illegally brought five Cuban ballplayers to the United States.
The smuggling of ballplayers from Cuba has been an open secret in the baseball community for years. But the sport was rocked in October when Gustavo Dominguez, who is based in California, became the first sports agent to be charged with the crime.
Prosecutors say Dominguez orchestrated two smuggling trips in go-fast boats across the Florida Straits -- one that failed in July 2004 and a second that succeeded, reaching Big Pine Key the following month -- for his own financial gain.
''The players are very valuable, so if at first you don't succeed, try again,'' Assistant U.S. Attorney Benjamin Daniel told jurors in his opening statement.
The prosecution's first two witnesses demonstrated the diverse sides of the unique smuggling case. First up: Chicago Cubs catcher Henry Blanco, dressed in a black designer suit. Next was convicted drug trafficker Ysbel Medina, in faded blue prison garb.
Dominguez also is charged with arranging transportation to California and harboring the four pitchers and one shortstop in an apartment complex while trying to land them professional baseball contracts.
If convicted of the 21 felony counts, Dominguez faces decades in prison.
FAMILY MAN
Defense attorneys portrayed Dominguez as a compassionate family man who fled Cuba himself decades ago and has helped many oppressed Cuban ballplayers.
In the 1990s, Dominguez pioneered the business of representing Cuban baseball players who fled Fidel Castro's regime. He co-founded the California-based Total Sports International. His first client was left-handed pitcher Rene Arocha, the first Cuban player to defect to the United States, in 1991.
But prosecutors say Dominguez crossed the legal line, hiring five men to help carry out the smuggling operation. Three of the men -- two go-fast boat operators and Dominguez's right-hand assistant who drove players to California -- have pleaded guilty.
PAPER TRAIL
Standing trial with Dominguez are Roberto Yosvany Hernandez, who drove the second go-fast boat, and former Cuban baseball coach Guillermo Valdez, who accompanied the players to California and trained some of them.
The prosecution laid out a paper trail that included $225,000 worth of wire transfers, all made from the bank account of Blanco, who was a client of Dominguez. The transfers were paid to either Medina -- the convicted drug trafficker -- or his friends and family members.
Blanco, who was subpoenaed by the prosecution and missed his team's game Wednesday night in Cincinnati, testified that he had no knowledge of the transfers, all of which were initiated and authorized by Dominguez, who, as Blanco's agent, had permission to use his bank account.
But Blanco also helped the defense, testifying that Dominguez was still his agent and close friend, and as trusted as ever during their 13-year relationship. Blanco said Dominguez's explanation for borrowing the money was satisfactory, although he didn't say what that explanation was.
Medina testified that he first met Dominguez in 2003 through friend Andy Morales, also a Cuban defector and baseball client of Dominguez. Medina said Dominguez asked him to smuggle two players, including Yuniesky Betancourt, now a shortstop with the Seattle Mariners. Betancourt is expected to testify.
Medina said Dominguez asked him in June 2004 to bring five more ballplayers to the United States.
Medina testified that he said he would, but not until Dominguez paid him $100,000 of the $140,000 he owed for bringing Betancourt to the United States.
Defense attorneys hammered at the credibility of Medina, who said he made as much as $3 million selling marijuana, took part in an insurance scam in Miami involving staged accidents and collected $24,000 from other passengers of the smuggling operation.
Medina said that for his testimony in the case, he has been allowed to keep four of his seven real-estate properties, avoided prosecution for tax evasion and is not being prosecuted in the smuggling case.
TWO TRIPS
In the failed trip in July 2004, 22 migrants were aboard the go-fast boat, stopped about six miles from Key West by U.S. officials.
On the successful second trip, 19 people were aboard. All had been on the first trip. None of the five ballplayers involved in this case -- Osmany Masso, Allen Guevara, Francisely Bueno, Osbek Castillo and Yoankis Turin -- faces criminal charges.
Two are playing professionally in the United States. Castillo is a pitcher with the Arizona Diamondbacks' AA affiliate in Mobile, and Bueno is a pitcher with the Atlanta Braves' AA affiliate in Mississippi.
The smuggling of ballplayers from Cuba has been an open secret in the baseball community for years. But the sport was rocked in October when Gustavo Dominguez, who is based in California, became the first sports agent to be charged with the crime.
Prosecutors say Dominguez orchestrated two smuggling trips in go-fast boats across the Florida Straits -- one that failed in July 2004 and a second that succeeded, reaching Big Pine Key the following month -- for his own financial gain.
''The players are very valuable, so if at first you don't succeed, try again,'' Assistant U.S. Attorney Benjamin Daniel told jurors in his opening statement.
The prosecution's first two witnesses demonstrated the diverse sides of the unique smuggling case. First up: Chicago Cubs catcher Henry Blanco, dressed in a black designer suit. Next was convicted drug trafficker Ysbel Medina, in faded blue prison garb.
Dominguez also is charged with arranging transportation to California and harboring the four pitchers and one shortstop in an apartment complex while trying to land them professional baseball contracts.
If convicted of the 21 felony counts, Dominguez faces decades in prison.
FAMILY MAN
Defense attorneys portrayed Dominguez as a compassionate family man who fled Cuba himself decades ago and has helped many oppressed Cuban ballplayers.
In the 1990s, Dominguez pioneered the business of representing Cuban baseball players who fled Fidel Castro's regime. He co-founded the California-based Total Sports International. His first client was left-handed pitcher Rene Arocha, the first Cuban player to defect to the United States, in 1991.
But prosecutors say Dominguez crossed the legal line, hiring five men to help carry out the smuggling operation. Three of the men -- two go-fast boat operators and Dominguez's right-hand assistant who drove players to California -- have pleaded guilty.
PAPER TRAIL
Standing trial with Dominguez are Roberto Yosvany Hernandez, who drove the second go-fast boat, and former Cuban baseball coach Guillermo Valdez, who accompanied the players to California and trained some of them.
The prosecution laid out a paper trail that included $225,000 worth of wire transfers, all made from the bank account of Blanco, who was a client of Dominguez. The transfers were paid to either Medina -- the convicted drug trafficker -- or his friends and family members.
Blanco, who was subpoenaed by the prosecution and missed his team's game Wednesday night in Cincinnati, testified that he had no knowledge of the transfers, all of which were initiated and authorized by Dominguez, who, as Blanco's agent, had permission to use his bank account.
But Blanco also helped the defense, testifying that Dominguez was still his agent and close friend, and as trusted as ever during their 13-year relationship. Blanco said Dominguez's explanation for borrowing the money was satisfactory, although he didn't say what that explanation was.
Medina testified that he first met Dominguez in 2003 through friend Andy Morales, also a Cuban defector and baseball client of Dominguez. Medina said Dominguez asked him to smuggle two players, including Yuniesky Betancourt, now a shortstop with the Seattle Mariners. Betancourt is expected to testify.
Medina said Dominguez asked him in June 2004 to bring five more ballplayers to the United States.
Medina testified that he said he would, but not until Dominguez paid him $100,000 of the $140,000 he owed for bringing Betancourt to the United States.
Defense attorneys hammered at the credibility of Medina, who said he made as much as $3 million selling marijuana, took part in an insurance scam in Miami involving staged accidents and collected $24,000 from other passengers of the smuggling operation.
Medina said that for his testimony in the case, he has been allowed to keep four of his seven real-estate properties, avoided prosecution for tax evasion and is not being prosecuted in the smuggling case.
TWO TRIPS
In the failed trip in July 2004, 22 migrants were aboard the go-fast boat, stopped about six miles from Key West by U.S. officials.
On the successful second trip, 19 people were aboard. All had been on the first trip. None of the five ballplayers involved in this case -- Osmany Masso, Allen Guevara, Francisely Bueno, Osbek Castillo and Yoankis Turin -- faces criminal charges.
Two are playing professionally in the United States. Castillo is a pitcher with the Arizona Diamondbacks' AA affiliate in Mobile, and Bueno is a pitcher with the Atlanta Braves' AA affiliate in Mississippi.