By Joe Crankshaw

Officials of the United States and the Dominican Republic conspired to kidnap and illegally return Humberto Lopez Jr., convicted of unlawful possession of explosives and arms in 1974, to this country, Lopez' attorney said in an affidavit Thursday.

"Defendant Lopez was arrested in Santo Domingo, Dominican Republic, by Dominican Secret Police acting in concert with agents of the United States Government," said attorney Gino P. Negretti in a petition filed in federal court Thursday.

Negretti is asking District Judge Joe Eaton to rule that the arrest and alleged torture of Lopez by Dominican and U.S. agents, makes it illegal for the courts to try Lopez on charges of jumping bail following his conviction for the illegal possession of arms and explosives.

The government had the means to legally extradite his client from the Domincan Republic where he was for almost a year, but did not, said the petition.

"Lopez was walking the streets of Santo Domingo for almost a year. Every Cuban knew he was there, and many Cubans work in the Embassy, so they must have known about him," Negretti said.

Negretti's motion asks the courts to let Lopez leave the country until he can be legally returned.

Lopez was brought back to face federal charges of bail-jumping, and is due to appear before Judge Eaton on those charges. No date has been set for the hearing.

Lopez is also slated to be sentenced by Circuit Judge Arden Siegendorf, who presided at the trial in which Lopez was convicted of violating the state law against the possession of explosives.

Federal District Judge Joe Eaton is also expected to pass sentence on Lopez for his conviction on violating federal laws against the possession of unregistered arms, artillery, and automatic weapons.

Lopez fled the country after his convictions on both federal and state charges and while pre-sentence investigations were being made by probation and parole authorities.

Lopez lost three fingers on his left hand and his left eye when a bomb he was making exploded. A second man, Luis Crespo, was also maimed in the explosion.

Negretti says that Lopez also told him that during his eight-day confinement in the Palace of Justice jail, he was held incommunicado, given only three loaves of bread and water, doused with water every two hours, stripped naked, and frequently beaten.

The attorney said that some of the time, U.S. agents were present for the mistreatment but did nothing to stop it.