An alleged drug “queenpin” accuses Miami prosecutors of misconduct before her trial

Sandra Avila Beltrán, once known as the “Queen of the Pacific” in the Latin American drug trade, is accusing Miami prosecutors of lying about her role in cocaine shipments to the United States to persuade Mexican authorities to extradite her last year.

For Avila, a dark-haired beauty who stood out in a narco-trafficking world dominated by macho men, the misconduct accusation is a final bid to save her neck as she faces trial — or a possible plea deal — later this month.

Her defense lawyers are seeking to have a 2004 indictment dismissed, but it’s a likely long shot. If convicted of two conspiracy charges alleging drug importation and distribution, the 52-year-old Avila could spend the rest of her life in prison.

Her attorneys claim in a court filing that a federal prosecutor and drug agent were aware that signed declarations by codefendants — including Avila’s ex-boyfriend — were “riddled with falsehoods and misstatements.” Yet Assistant U.S. Attorney Eric Morales submitted the evidence to Mexican authorities in 2010 to persuade them to extradite Avila, according to the defense lawyers, Stephen Ralls and Howard Schumacher.

Morales’ successor in the case, prosecutor Cynthia Wood, said in court papers the allegations against him were “false” and “without foundation.”

Avila’s reputation as the Queen of the Pacific was gained by her dominant role in the powerful Sinaloa cartel, her romantic relationship with a Colombian drug-trafficker and her influence over ocean supply routes.

Mexicans, along with the news media, have long been fascinated with Avila, who was arrested in her country in 2007. They constantly followed details of her taste for high fashion, gourmet food and beauty secrets. One rumor that made the rounds: A doctor visited her while she was jailed in Mexico to administer her Botox injections.

Last summer, a Mexican court and foreign secretary granted her extradition on the U.S. narco-trafficking indictment, which has alleged links to a cocaine deal in Chicago and a cocaine seizure in Manzanillo more than a decade ago.

Avila’s attorneys claim that Morales, the prosecutor, pressured her ex-boyfriend, Juan Diego Espinosa Ramirez, who was convicted in the same case, to sign a March 2010 declaration implicating her in the Chicago deal — without his defense attorney present. They said his declaration was instrumental in her extradition to the United States.

But according to Espinosa, “his declaration was not freely and voluntarily provided and he was denied the advice of counsel prior to signing the document,” Avila’s attorneys said in court papers.

Espinosa said in the declaration that Avila participated in a 100-kilo cocaine shipment with a trafficker named Juan Carlos Lopez Correa in 2001. And that after the cocaine was delivered to Chicago, Lopez Correa became responsible for the debt on the drug deal, he said.

On Sept. 14, 2001, federal agents intercepted a telephone call in which Espinosa, Avila and Lopez Correa allegedly discussed his outstanding payment. During the call, Espinosa asked Lopez Correa to pay for the shipment.

The current prosecutor in the case, Wood, pointed out that Espinosa’s declaration was similar to the factual statement he and his defense attorney signed in June 2009, when he pleaded guilty to conspiracy to possess with intent to distribute cocaine.

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Modern Family Stars Get Stuck in Crowded Elevator

No good deed goes unpunished.

PICS: Candid Celeb Sightings

While on their way to a fundraiser for the Boys & Girls Club of Greater Kansas City on Friday night, three stars of ABC's hit sitcom Modern Family were trapped in a crowded elevator for almost an hour, ABC News reports.

Julie Bowen, Eric Stonestreet and Jesse Tyler Ferguson took pictures together during the ordeal, which Ferguson posted to his Twitter account.

"This is us right now. 45 minutes stuck in this elevator," Ferguson wrote, captioning the snapshot from the Sheraton Kansas City Hotel's third floor.

The actors were an hour late to the event after the Kansas City Fire Department rescued them, but they maintained a good sense of humor about their plight, reportedly joking about the ordeal on stage.

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Smile! Polar bear cub debuts at Buffalo Zoo

AP

Behind bars, a 3-month-old polar bear cub 'mugs' for the cameras at the Buffalo Zoo.

BUFFALO — A smiling, playful 3-month-old polar bear cub has made its public debut at the Buffalo Zoo in western New York.

The fluffy white cub was introduced Friday as the zoo announced the next phase of fundraising for a new $18 million polar bear exhibit. About $4 million is still needed.

The Buffalo Zoo says it's one of only two zoos in North America to have polar bear births in 2012.

The cub is still too small to exhibit but she's visible via closed-circuit television at the zoo on weekday afternoons.

AP

The cub plays around with her keeper as she is introduced.

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When the latest layoff story is about you

It’s an odd feeling reading in the newspaper about losing your job. I didn’t learn about being fired in the newspaper but the story of losing my position was there. Why I lost my job (along with more than a dozen of my colleagues) was the lead story in the business section of The Miami Herald on Feb. 22. It even had a picture of me right next to the paragraph describing how we lost our jobs with the public television program Nightly Business Report.

What’s nice about sharing your employment woes with the entire community is the outpouring of support you get. I received dozens of emails from friends, fans and colleagues across the country, expressing sympathy and pledging to help any way they could. It is humbling to hear how you have impacted people’s lives, especially those you don’t know directly. The range of emotions you feel when you face a job loss can be overwhelming, but a short email or voicemail from an associate can lift your spirits, giving you the strength to press on. The medium of the messages does not matter. A tweet of support, LinkedIn endorsement or text message of sympathy fuels the encouragement to face the anxiety of joblessness.

After news of my job elimination was in the newspaper and blogosphere, there were compassionate glances from fellow parents on the sidelines of the kids’ weekend soccer games. I didn’t have to break the news — most had already read about it. A pedestrian on the sidewalk stopped me in mid-stride to express his disappointment. The inevitable questions came: What are you going to do? Will you stay? Do you have anything you’re working on?

I am lucky my employment status was on the business front page. Thousands of other people are treated as statistics. As a business journalist, I have been guilty of that. Company layoffs numbering in the dozens as ours did rarely demand attention. The cuts have to be in the thousands to have any hope of getting much media attention. Even then, it’s only a number. The names of those losing their jobs are known only to their HR departments, in order to fill out the paperwork. It’s unfortunate, but that’s the nature of job loss. Each job cut is a story that begins en masse in boardrooms and offices but plays out individually in kitchens and living rooms across America.

In January, there were more than 1,300 mass layoffs of U.S. workers. A mass layoff impacts at least 50 people from a single company. More than 134,000 individuals were involved in such action, according to the Bureau of Labor Statistics. My job loss and that of my colleagues won’t show up in February’s report. There were too few of us. Some of us will appear in other employment data, but we will be just statistics. Each of those statistics has groceries to buy, bills to pay and hope for a new opportunity.

In a $16 trillion economy, it’s understandable that we become statistics. The stakes are just too big to pick up the noise from any of our individual unemployment stories. The weekly and government reports I have spent my career reporting on don’t ask why. They don’t ask who. They only ask how many. It’s our friends and family and colleagues who ask, “How can I help?”

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UM, county clash with owner of mall over pedestrian overpass above U.S.-1

After several University of Miami students have been killed or seriously injured trying to cross busy U. S. 1 to get to popular retail spots on the other side, Miami-Dade County has finally approved building a Mediterranean-styled pedestrian bridge across the highway.

But the project has come to a standstill after the owner of the mall, University Centre, has refused to cooperate.

The county has offered the owner $1.85 million to compensate for the loss of five parking spaces needed to anchor the bridge across the street from the Metrorail station and the nearby UM. In addition, the county has offered the strip center owner 10 parking spaces at the Metrorail station across South Dixie Highway.

The mall owner has not budged.

Toby Brigham, an attorney representing the owner, said the placement of the overpass at that corner would block the mall’s visibility and its signage, hurting business.

“That’s a critical point where the driveways curve,” Brigham said. “Things like that in today’s economy, in competition with other shopping centers who are not similarly blighted, can make a huge difference.”

The mall’s stance has angered UM President Donna Shalala, who has taken her fight to the Coral Gables city commission and to the public.

“The county has made a fair offer in our judgment, the owner has basically rejected it and, as you can imagine, has hired a lawyer,’’ she said. “We have had students killed, seriously injured. Ponce de Leon [Middle School] uses that Metro stop and needs that bridge.… I’m now at the point this is unconscionable, we’ve got to get this done.”

Since 1989, eight UM students have been struck by vehicles while attempting to cross U.S. 1 around Mariposa Court, the intersection of the shopping center.

Three of the students died. They were: Eric Adams in 1990, Aaron Baber in 1998 and Ashley Kelly in April 2005. Kelly was hit by an SUV while walking to T.G.I. Friday’s with a friend to meet potential roommates.

The most recent incident involving a UM student was in April 2012 when Eliza Gresh was struck by a hit-and-run driver in South Miami and injured while attempting to cross U.S. 1 at Southwest 57th Avenue.

After nearly eight years, the county has approved the project. About $6 million in funding at the state and federal level has been allocated and a Mediterranean-style overpass has been designed.

“This has been a long-term project and it’s absolutely imperative, not because it adds an aesthetic value, but because it adds a component of safety to the residents of Coral Gables, a large number of whom are UM students,” said Nawara Alawa, student government president. “This is not just a project benefiting the university.”

But Miami-Dade County can’t begin construction because it hasn’t acquired the five parking spaces in the northeast corner of the University Centre parking lot needed to place the eastern pedestal of the bridge. The center is on the eastern side of the highway.

Shalala expressed her frustration over the hold-up to the Coral Gables Commission at the December State of the City/University of Miami meeting.

“We, of course, believe that the University Centre would not be there without our students and staff using all of those shops heavily,’’ Shalala said.

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Ellen DeGeneres Pens Open Letter to Supreme Court to Pass Prop 8 for Gay Marriage

With a touch of her trademark humor, Ellen DeGeneres tackles a very serious topic close to the talk show host's heart: gay marriage.

In an open letter posted to her website, Ellen reaches out to members of the Supreme Court, who will soon decide the fate of same-sex couples who wish to wed.

Pics: 'Amazing Race' Stars Cheer Up Bullied Gay Fan

"Portia and I have been married for 4 years and they have been the happiest of my life," she blogs of her longtime partner Portia De Rossi. "And in those 4 years, I don't think we hurt anyone else's marriage. I asked all of my neighbors and they say they're fine."

Ellen, who tied the knot in 2008 during a brief period when gay marriage was legal in California, now urges the powers that be to open their heart and extend the privilege to every gay couple.

"I hope the Supreme Court will do the right thing, and let everyone enjoy the same rights," Ellen writes. "It's going to help keep families together. It's going to make kids feel better about who they are. And it is time."

Related: Neil Patrick Harris: I Knew I was Gay at 6

In closing the comedian writes, "In the words of Benjamin Franklin, 'We're here, we're queer, get over it.'"

Read Ellen's entire plea to the supreme court here.

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Internet bubble millionaire goes from dot.com to drug con: Jennifer Sultan gets 4 years in scheme

This dot.com millionaire has now gone from penthouse to poorhouse to Big House.

A Manhattan judge wrote the latest chapter in the riches-to-rags story of pretty Jennifer Sultan today -- promising her a four-year prison sentence as she pleaded guilty to gun conspiracy and drug sales.

"Yes," Sultan, a 38-year-old recovering pain killer addict, answered sadly, when asked by Manhattan Supreme Court Justice Edward McLaughlin if she'd sold felony weight oxycodone to an undercover cop last spring.

Asked if she'd joined in a conspiracy that sold loaded, operable firearms, Sultan gave a slight smile as she sat at the defense table, her waist-length brown hair hanging forward over one shoulder.

Steven Hirsch

Jennifer Sultan at court today. The dot.com millionaire got four years in gun and drug scheme.

"Yes. Reluctantly," she said.

Sultan has been held since her arrest last summer for the same Queens-based drug-and-gun-gang conspiracy that ensnared convicted NYPD gun thief Nicholas Mina.

She was caught sending text messages to the ring's leader last June saying she had a .357 Magnum "toy" -- meaning a gun -- for sale for $850, according to the indictment against her.

She was also caught on wiretaps asking about firearm prices, and talking about a prior occasion when a gun she gave the ring to sell turned out to be inoperable.

"She's come 180 degrees from when I met her," after her arrest, her lawyer, Frank Rothman, said after court.

"She was unfocused, distracted, drug addicted," he said. "And she is now alert, oriented, and ready to get back to what she does best -- holistic healing," he said of Sultan, a trained acupuncturist.

With good behavior and factoring time she's already served, Sultan could be released in under two years, he said.

When Sultan was just 25, she and a boyfriend built one of the first Internet companies to offer live event streaming on the Web, selling it for $70 million.

By two years ago, she filed for personal bankruptcy. The 6,000-foot East 17th Street loft she shared with her ex-boyfriend is for sale for $6 million; Sultan's share of any sale would not cover her debts, her lawyer has argued.

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AFFORDABLE CARE ACT DOESN’T COVER LONG-TERM CARE POLICIES

Starting next year, the Affordable Care Act will largely prohibit insurers who sell individual and small-group health policies from charging women higher premiums than men for the same coverage.

Long-term-care insurance, however, isn’t bound by that law, and the country’s largest provider of such coverage has announced it will begin setting its prices based on sex this spring.

“Gender pricing is good for insurance companies,” said Bonnie Burns, a policy specialist at California Health Advocates, a Medicare advocacy and education organization, “but it’s bad public policy and it’s bad for women.”

Genworth Financial says the new pricing reflects the fact that women receive two of every three claims dollars. The change will affect only women who buy new individual policies, or about 10 percent of all purchasers, according to the company. The new rates won’t be applied to existing policyholders or those who apply as a couple with their husbands.

“This change is being made now to reflect our actual claims experience and help stabilize pricing,” Genworth Financial spokesman Thomas Topinka said in an email.

Women’s premiums may increase by 20 to 40 percent under the new pricing policy, said Jesse Slome, executive director of the American Association for Long-Term Care Insurance. The average annual premium for a 55-year-old who qualified for preferred health discounts and bought between $165,000 and $200,000 of coverage was $1,720 last year, according to the association.

Experts say they expect other long-term-care insurers will soon follow suit.

Long-term-care insurance provides protection for people who need help with basic daily tasks such as bathing and dressing. It typically pays a set amount for a certain number of years — say, $150 daily for three years — for care provided in a nursing home, assisted living facility or at home. Never a very popular product with consumers, many of whom found it unaffordable, in recent years the industry has struggled and many carriers have raised premiums by double digits or left the market.

Consumer health advocates say they aren’t surprised that women’s claims for long-term-care insurance are higher than men’s.

Because women typically live longer than men, they frequently act as caregivers when their husbands need long-term care, advocates say, thus reducing the need for nursing help that insurance might otherwise pay for. Once a woman needs care, however, there may be no one left to provide it.

“Women live longer alone than men,” Burns said. “If you don’t have a live-in caregiver when you start needing this kind of care, you’re in big trouble.”

LuMarie Polivka-West knows the potential problems all too well. Polivka-West, 64, is the senior director of policy and program development for the Florida Health Care Association, a trade organization for nursing homes and assisted living facilities.

About 15 years ago, she bought a long-term-care policy. The company went out of business after five years, and she let her policy lapse rather than switch to another plan with higher premiums and less comprehensive coverage. But she’s reconsidering that decision. Polivka-West’s husband is four years older than she is. Her mother died of Alzheimer’s disease at age 89 after struggling with it for eight years. What if a similar fate awaits her?

Polivka-West thinks insurers shouldn’t be allowed to charge her more just because she’s a woman.

“The Affordable Care Act recognized the gender bias in health insurance,” she said. “The same (rules) should apply to long-term-care insurance.”

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Miami mayor: City will fight to keep fed funding for housing, anti-poverty programs

Miami city administrators said Thursday they will do “everything possible” to avoid losing out on $5.8 million in federal community development funds.

The promise came days after the U.S. Department of Housing and Urban Development threatened to penalize Miami for failing to spend $13.3 million in Community Development Block Grants over the past three years. Cities that do not adhere to a strict spending schedule can see their funding reduced.

Commissioners slammed the city administration for not spending the money fast enough. CDBG dollars can go toward affordable housing, economic development and anti-poverty programs. In Miami, they fund daycares like the Centro Mater in Little Havana and community centers such as the Allapattah Community Action Center.

“This is a very serious issue,” Commissioner Francis Suarez said.

Assistant City Manager Alice Bravo promised a quick solution.

“We are going to do everything possible not only to spend down the funds that are in place, but to work with officials in Washington to explain our situation,” she said. “We are going to do everything in our power to make sure our funding is not removed.”

Commissioner Frank Carollo said he was “baffled” by the situation, in part because he attended a meeting with HUD consultants earlier this month at which Miami administrators were told the city was in full compliance.

Miami Community Development Director George Mensah said the HUD consultants must have received bad information from the federal government.

Under HUD guidelines, grant recipients can keep up to 1.5 times the amount of their annual allocation on reserve, in a HUD line of credit. Miami received about $5 million in 2012, meaning its fund balance could be as high as $7.5 million. But as of last month, the CDBG balance topped $13.2 million.

Mensah said the city was having problems, in part, because the feds have reduced the amount Miami could keep on reserve.

“In some ways, this is a mathematical issue,” he said.

But neither he nor City Manager Johnny Martinez nor Mayor Tomás Regalado answered questions from commissioners and a reporter about why the allocated money had not been spent over three years.

Earlier in the day, Regalado told The Miami Herald that city administrators were working to schedule a meeting with HUD officials in Washington, D.C.

“We’re not going to lose that money,” Regalado pledged.

The mayor noted that some CDBG-funded projects were moving forward, including a new community center in Little Havana and road repairs in District 4.

Commissioner Michelle Spence-Jones implored city leaders to do a better job of moving projects along.

“We need to make sure that if we have projects sitting there, that we move the money,” she said. “At the end of the day, whatever we’re not doing affects the whole entire city.”

In other business, Carollo sponsored a resolution directing the building department to deny 40-year building re-certifications when properties have outstanding code violations or are deemed unsafe.

The proposal came in response to a series of stories in El Nuevo Herald about Little Havana condominium owners who saw their floors collapse and who had little recourse.

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Read the heartbreaking impact statement read by the Figoski girls

Pool Photo

Below is the impact statement read in Brooklyn Supreme Court today by the four daughters of NYPD Det. Peter Figoski at the sentencing of his killer, Lamont Pride. The one joint statement was read in court, with each daughter taking a portion.

CHRISTINE FIGOSKI, 21:

On the evening of Sunday, December 11, my sisters and I went to bed with the worries of your average teenage girl. We were worried about studying for upcoming college final exams, and high school tests, and looking forward to going home for the Christmas holiday and having the family together.

We all got our normal “Night, I love you” text from Daddy, and only a few hours after, my sisters and I were faced with the tragedy that would impact the rest of our lives. The next events that happened that morning are events that will haunt us for the rest of our lives.

We were awoken by my Mom in a panic after hearing that Daddy had been in an accident. We were startled and from that moment on everything seemed to get worse.

We all came to the hospital to “Hope” and “Pray” that our Dad would pull through. Our Father was shot in the face, and still breathing at that moment, and even though as bad as his condition was, we still thought just somehow he would survive. Nothing at that moment felt real and till this day, it still doesn’t.

Two of us arrived at the hospital to see the grim faces of family members and the sad faces of hundreds of police officers that were lined up throughout the hospital.

The next several hours were some of the hardest of our lives as we were told that our Father died as a result of a gunshot to the face. We spiraled into the confusion of having to deal with the hard reality of having to prepare with life without our Dad.

CORINNE FIGOSKI, 15:

Our dad was our world, our everything. He was our hero, protector, role model and our best friend. He always made everything better. And not at one moment would any of us realize what it would be like without a father, it’s more than anyone could ever imagine. Everything our Dad did was for us. He was always trying his hardest to make us the best people we could be.

Now a day's “Promise” is just a word. When people say, “I promise everything will get better, and it’s going to be OK,” it’s just a lie to us.Nothing will ever be the same again and we will never feel the way we used to.

We lay in bed for hours in the dark at night, thinking about every possible thing that has changed in our lives since December 12, 2011. Sometimes we want to believe that this world is hell and there is another peaceful world where our dad is now. I’m not sure if we are depressed, but we are constantly angry and sad, but we continue to put smiles on our faces and laugh and joke with one another like our Father would want. But inside we are numb, and broken. We find it so hard to be happy, sometimes we forget how to feel. The past is better than it is now, and the future is less resolved. When our father died, a part of us died inside. We realize that once you’re broken in certain ways, they couldn’t ever be fixed now, no matter how hard you try.

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