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U.S. Attorney In Miami Steps Aside In Noriega Case; 3 Prosecutors Named

THE WALL STREET JOURNAL
MONDAY, JANUARY 15, 1990

By Paul M. Barrett
And Martha Brannigan
Staff Reporters of The Wall Street Journal

Speculation over who would prosecute former Panamanian dictator Manuel Noriega ended when the U.S. attorney in Miami said he would step aside and allow three veteran government litigators to han­dle what is expected to be one of the most complicated and politically charged criminal cases in memory.

Dexter Lehtinen, U.S. attorney in Mi­ami, said Saturday he would retain ulti­mate responsibility for the Noriega case but that day-to-day trial work would be su­pervised by two of his senior deputies and an appellate specialist from the Justice Department's Washington headquarters.

The issue of who would manage the drug-trafficking prosecution in Miami fed­eral court had sparked controversy when some government and defense attorneys expressed concern about Mr. Lehtinen's reputation for having an explosive temper, a sometimes divisive management style and scant recent trial experience. Mr. Leh­tinen, 43, was a state senator before being named to his current post in 1988.

Before Mr. Noriega was brought to Mi­ami, a spokeswoman for the U.S. attorney had said Mr. Lehtinen would actively head the prosecution team. Justice Department officials in Washington, however, had de­clined to confirm that, stressing that the department would field the "strongest pos­sible" prosecution team. Yesterday, Mr. Lehtinen's spokeswoman angrily insisted that she had never claimed that her boss would lead the courtroom effort.

Named to head the Noriega trial team was Michael "Pat" Sullivan, a widely re­spected 18-year veteran in the Miami U.S. attorney's office. Known for his low-key courtroom style and expertise in drug-racketeering and corruption cases, the 42­year-old prosecutor received praise from opponents and colleagues alike.

"He's probably the best prosecutor in that office," said Richard Gregorie, the former chief assistant U.S. attorney who supervised the grand jury that indicted Mr. Noriega in February 1988. "He's cer­tainly not flamboyant or bombastic, but he can show justifiable indignation when ap­propriate," said Neal Sonnett, a Miami criminal defense lawyer who has battled Mr. Sullivan in court.

Current and former colleagues note that in recent years, Mr. Sullivan has generally avoided getting involved in the internal of­fice turmoil attributed to Mr. Lehtinen's abrasive leadership style. Among Mr. Sul­livan's major successes were a series of police corruption convictions known as the River Cops cases.

Also named to the Noriega case was Myles Malman, 43, a longtime prosecutor with a solid reputation in legal circles who has won convictions against members of major Colombian drug rings. Mr. Malman, viewed as Mr. Lehtinen's chief administrative aide, has, along with his boss, handled the preliminary proceedings in the Noriega case so far.

Joining the Miami-based prosecutors will be William Bryson, 44, a deputy solici­tor general with the Justice Department in Washington. In that position, Mr. Bryson supervises all federal criminal litigation before the U.S. Supreme Court. Last year. Mr. Bryson assisted with the Justice De­partment's efforts to prevent disclosure of classified documents in the Iran-Contra trial of former National Security Council aide Oliver North.

"It's certainly out of the ordinary" for a lawyer from the solicitor general's office to be dispatched to help with a trial, said Justice Department spokesman David Runkel. "But this is an extraordinary case." Mr. Bryson, known for his swift and inventive analysis of esoteric legal issues, said he will handle procedural disputes and appeals as opposed to interrogating wit­nesses or presenting evidence.

Mr. Bryson "is more in touch than any­one else in the federal system with the problem areas in criminal law," said An­drew Frey, who preceded Mr. Bryson as deputy solicitor general for criminal mat­ters. In a previous post, Mr. Bryson served as chief counsel to the Justice Depart­ment's organized crime section. "He was the one you called for the toughest prob­lems," said Mr. Gregorie.

A number of other government attor­neys will assist in prosecuting the Noriega case, Justice Department officials say.

On the defense side, Mr. Noriega's two main lawyers, Frank Rubino and Steven Kollin, both of Miami, attempted to assert their control over who will represent the former Panamanian dictator by ruling out an alliance with two prominent criminal lawyers, Barry Slotnick of New York and Richard Haynes of Houston, who had previously indicated an interest in joining the case. The final defense team will include "many notable lawyers" but hasn't been completed yet, Mr. Kollin said yesterday.