MIAMI: Smugglers pledge second trip if first attempt is intercepted
The story is at least as old as the underground railroad in the
time of slavery. Only
this time, the conspirators speak Spanish: Cuban-American boat
owners and business
people in South Florida and their desperate relatives 90 miles
across the sea.
This particular smuggling scheme unfolded in secret at a fruit
stand in Little Havana,
the dining rooms of immigrants fresh from Cuba, a house in a
tiny hamlet called
Aguada de Moya, a quiet beach nearby in Sagua La Chica.
It all became glaringly public on June 23, 1998, when the Panama-registered
tramp
steamer Caribe III came across a 29-foot, Wellcraft Scarab 302
speedboat-style
fishing craft out of Miami drifting off Key Biscayne with 13
women, 11 men and
11 children aboard who said they were from Cuba. Along with them:
two Cuban
Americans from Miami.
How did Jose Lima, a 33-year-old maintenance worker, and Miguel
Broche, 37,
get on that boat?
Broche and Lima say they left Miami in Lima's Scarab that day
in a frantic
attempt to rescue Broche's wife and child, who were in peril
at sea on a rickety
wooden boat.
Federal prosecutors say Lima and Broche are for-profit smugglers,
working with
the boat's co-owner, Juan Carlos Ruiz, 31, in a ring centered
at El Palacio de los
Jugos, a popular fruit stand in Flagami. All three are originally
from Aguada de
Moya in Cuba.
Backing up the feds: Sworn testimony from a Broward man who says
he agreed
to pay $23,000 to Ruiz to bring his half-brother and half-sister
to Miami, and from
that sister, who says Broche and Lima arrived in Sagua La Chica,
Cuba on the
Scarab on June 21.
In Cuba, Lima's younger brother Alberto acknowledges that he picked
up some of
the 37 in his car, and let them stay at his house the night before
the trip. But he
and his mother insist Jose is innocent.
The prosecution's star witness, defense attorneys say, is a thrice-convicted
drug
felon who made up his story in a successful attempt to get favorable
treatment for
himself and his family.
Who's lying?
A Miami federal jury split the difference. On March 3, it convicted
Lima, Broche
and Ruiz of smuggling, but acquitted them of profiting from the
venture. They
await sentencing at the Federal Detention Center in downtown
Miami.
Whatever the truth in this tangled tale, this is clear: When governments
are
enemies and families are separated by politics and red tape,
human beings will
find a way. They will take risks, they will use ingenuity to
outfox both Cuban and
U.S. authorities, whether for profit or for love.
PROSECUTION VERSION
Border Patrol investigators say the chain of evidence really begins
not in June, but
Feb. 13, 1998. That's the day the Coast Guard intercepted 10
Cubans on a 1993
Renken boat, along with two Cuban Americans, Manuel Morales Viera
and Jorge B. Leal.
Leal's Renken was owned by his former housemate, Jose Lima, who
said in court
that he had given it to Leal, a mechanic, for repairs. He also
said in court that Leal
stole the boat from him and had no permission to use it to go
to Cuba.
Dan Geoghegan, assistant chief of the Border Patrol in South Florida,
says Lima was
involved then, too. But no charges were filed against anyone
in the case. Leal and
Morales could not be reached for comment.
Prosecutors say the center of the conspiracy is a fruit stand
at the corner of Flagler
Street and Southwest 57th Avenue. Ruiz is employed at El Palacio
de los Jugos,
owned by his in-laws, the Bermudez family.
It's a popular spot. On one recent afternoon, cars were double
parked in the parking
lot. Some, waiting to get in, blocked traffic. An elderly Cuban
man sold fish and lobster
out of his van. Next to him, someone else sold straw hats in
the parking lot while a
woman sold flowers from old paint buckets full of water.
LITTLE NOTICED
It's the kind of place where someone could run a smuggling operation
with little notice,
says Steve Quiñones, Border Patrol special agent in charge
of smuggling. He says there
are a few other ``smuggling hubs'' known to authorities, but
for investigative reasons
would not say where they are.
Francisco Cruz, who ultimately became the government's star witness,
says he found
his smuggling connection through El Palacio.
Cruz, a Cuban in the U.S. since 1980 with a record of three drug
convictions,
says a cousin of his half-brother and half-sister named Emma
Perez Barquero,
then a fruit stand employee, introduced him to Ruiz. He already
knew El Palacio
-- he had been there to drink water from coconuts after baseball
games.
According to Cruz's later trial testimony, he met Ruiz on June
17, 1998, at the
fruit stand, and broached the subject of bringing his family
out of Cuba. Ruiz didn't
want to talk there; the two met later at the Bermudez house,
then went on to
Lima's house six blocks away at 245 NW 60th Ct. They sat at a
dining room table
and discussed the trip.
``We discussed about, you know, the price -- how much it would
cost to bring my
family. Juan Carlos . . . told me it was going to be $9,000,''
Cruz later testified.
QUESTION OF PRICE
He and Ruiz dickered over the price: ``I told him that that was
not the price that
Emma had told me. She told me it was $6,000. And then he said,
`Listen, a couple
of weeks ago, we charged $5,000 and there is no way we are going
to take that
risk for that kind of money. It is not worth it. So that's the
reason we are going to
charge you $8,000. I think it is fair.'
``Then we made an agreement. I said, `Well, I don't have any other
choice,' So
I agreed on $8,000 for my brother and my sister and $7,000 for
the child, for
my nephew.''
He told the judge and jury that he went back to El Palacio on
Friday and then
back to Lima's house, where he gave Ruiz $9,000 in cash -- a
down payment.
Cruz's employer at Tread Brokers Inc. in Coral Springs later
told an immigration
investigator that he lent the money to Cruz -- aware of what
it would be used for.
He could not be reached for comment.
Cruz expected his relatives to arrive on June 21 -- a Sunday.
Increasingly
anxious, he called Ruiz on Sunday and Monday. Then, on Tuesday,
he learned
the Coast Guard had intercepted the boat.
The next day, June 24, he went to see Ruiz at El Palacio. Before
he could say a
word, Ruiz handed him back the money he had paid.
``He gave me the money the same way I give it to him, in a rubber
band, and I
kind of got disgusted with him about -- you know, he told me
that it was going to
only be 10, 12, 15 people maximum on the boat and I asked him
why there was
37 people on the boat. He said that was not his part. He didn't
know anything
about it.''
ANGRY WITNESS
An angry Cruz offered his help to the authorities. It turned out
to be a good deal
for him and his family: His relatives were allowed to stay here,
and Cruz himself,
deportable because of his criminal record, was given immigration
status that also
allows him to continue living in the U.S.
His half-sister Graciela backs Cruz's story in part. She testified
Lima and Broche
arrived with the Scarab in Cuba, and she remembers them helping
her and the
others board the boat. But both Graciela and the brother dodged
other questions
and were labeled hostile witnesses by the prosecution.
More evidence: gas cans, fishing poles, a purchase agreement for
the Scarab,
phone records, the empty box of a Global Position System with
the handwritten
numbers on the instructions to mark Cayo Fragoso in Cuba -- the
key about 2
miles offshore from Sagua La Chica.
DEFENSE VERSION
The three defendants and their supporters are more reticent about
talking than
Frank Cruz is. Their lawyers would not permit The Herald to interview
any of the
defendants in jail. And the Bermudezes -- Ruiz's in-laws and
the owners of El
Palacio -- also refused to talk.
``We were told by our lawyer not to say anything. You know, the
newspaper
invented a bunch of things the last time,'' said a young woman
who answered the
door at the home of patriarch Elier Bermudez, 200 NW 57th Ct.,
around the block
from the Palacio.
A woman who lives at the home who said her name was Eddy Broche
also
declined to talk to a reporter. It is unknown if she is related
to Miguel Broche, one
of the defendants.
WITNESS CHALLENGED
The defense instead points to what it says is Cruz's unreliability:
He is a
three-time convicted drug felon. And it notes that he and his
family benefited from
his cooperation.
According his court testimony, Miguel Broche says he didn't know
anything about
the trip until June 21 -- Father's Day -- when he got a call
from Cuba.
``Your wife and kid left on a boat for Miami,'' he says a relative told him.
He testified that he went to see the only friend he knew with a boat: Jose Lima.
Lima testified that on their way, they ran into Cruz and some
other people at a
church parking lot near the fruit stand. ``Something was mentioned
about other
boats going out. All the relatives said that they would go down
to Key West, that
they were going to rent small airplanes,'' Lima said.
He said he and Broche found a small boat carrying Broche's relatives
at Cay Sal
Bank. Eventually they ran into bad weather, and took everyone
aboard the
Scarab, Lima testified.
``I don't want to deceive anyone here,'' he said in court. ``I
was going to bring them
over and I wasn't going to deliver them to immigration.''
FLAGGED FREIGHTER
After the Scarab ran out of gas, they flagged down the Caribe.
Although Lima and Broche said they just happened upon the Cubans
in the sea,
Lima's brother Alberto, still living in Aguada de Moya, acknowledged
to a Herald
reporter that he picked up some of the passengers in his car,
and allowed them to
spend the night in the family home before they took the trip.
Still, he and his
mother say Jose merely rescued the refugees at sea.
They're backed up by some of the boat's passengers.
Two of them, Yoama Morales and her husband Leonides Herrera, were
among
those repatriated after the June trip. They eventually did make
it to South Florida
on a subsequent trip in November and now live in a small, sparse
apartment in
west Miami-Dade.
She said the group had left Cuba in a wooden boat that didn't
look like it would
survive the trip. Broche and Lima ``picked us up in open ocean,''
Morales, 24, said
in an interview. ``They saw us and since we were taking on water,
they picked us
up.''
DENIES PAYMENT
Among the others on the Scarab were six relatives of Zoila Francisco,
of west
Miami-Dade. Francisco, who arrived from Cuba in 1994, adamantly
denies paying
smugglers to bring her son and daughter, daughter-in-law and
three grandchildren
here. They were also among those repatriated.
``We didn't pay a penny,'' said her sister, Maria Perez. ``I'll
tell you what is
criminal. It is criminal that they send them back to Cuba after
being out there for
four days without food or taking a shower.''
Francisco, who has another daughter in Cuba (``She won't dare
jump, she is too
scared.''), said agents asked her if she knew her family was
coming.
``If I had known, I would have died waiting, expecting, worrying,'' Francisco said.
The women said they didn't know Lima or Broche, although the sisters
are from
Placetas, not far from Aguada de Moya. They said they didn't
know Juan Carlos
Ruiz either, though Perez said she had been to El Palacio many
times.
``Whenever I buy bacalao I go there. It's good, very fresh. But
like I go to any
other establishment, like Publix,'' she said.
EXTENDED FAMILY
The women live with their extended family in a peach-colored,
perfectly
manicured, $260,000, 3-bedroom, 2-bath house with a swimming
pool and an
American Eagle mailbox.
In addition to Perez and her husband Antonio, at least 17 other
people with
Hispanic surnames have lived in the Perez home since April, 1998,
according to
Florida driver's license records.
Asked about it later, Francisco said she only recognized some of the names.
``Some of those are family and when they first came, at the beginning,
they lived
with us. But it can't be that many. That's too many,'' she said.
The current residents include the six relatives who were repatriated
after the June
incident. They came in a second trip Nov. 2 -- in the same boat
as Morales and
Herrera. Perez and Francisco said they didn't know about that
trip either.
``It was a complete surprise when they arrived,'' Francisco said.
That's not very likely, feds say. Quiñones, of the Border
Patrol, said the second
trip was likely part of the smuggling deal.
``It's part of their marketing strategy,'' he said. ``They tell
you that if your people
are sent back, they will keep trying until they get them out.''
Here's what is clear: 14 of the original 37 were on that boat
on Nov. 2. However
they did it, they overcame the sea -- and the law.