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FBI cites cash, videotape as evidence against Boston officer

Veteran officer accused of aiding drug dealers

By Shelley Murphy
The Boston Globe

BOSTON, Mass. — Boston police Officer Jose A. “Flaco” Ortiz admitted after his arrest last week that he helped a drug dealer collect a drug debt on several occasions while in uniform, but insisted he only did it to get the dealer out of a jam and never kept any money for himself, an FBI agent testified yesterday in federal court.

But, when the FBI and Boston police officers raided two lockers used by Ortiz at the South End police station Monday, they found $7,001 in cash, said FBI Special Agent Scott A. Robbins.

Investigators are still reviewing serial numbers on the bills, but by yesterday had discovered that at least $700 of the money seized from the lockers was part of a $2,000 drug debt Ortiz collected in March on behalf of the dealer, the agent said during the custody hearing.

A videotape of Ortiz, in uniform, allegedly collecting $2,000 cash for the drug dealer on three occasions was played yesterday in the courtroom, which was packed with friends and relatives of the officer. About 20 of them wore white T-shirts emblazoned on the front with a photograph of a smiling Ortiz and the words, “We are with you. We support you.” The back of the shirt read, “I [heart-shape] you Ortiz.”

Ortiz, 44, of Salem, who faces charges of attempted extortion and conspiracy to distribute cocaine, has in custody since his May 2 arrest. He appeared in shackles, grim faced and wearing khaki prison garb, for yesterday’s hearing on whether he should remain in custody until the case is resolved.

US Magistrate Judge Timothy S. Hillman said he plans to review all of the evidence, including some 40 letters of support written on behalf of Ortiz, before ruling. For now, Ortiz will remain in custody.

The 20-year veteran of the Police Department is accused of showing up in uniform last August at the workplace of a man who allegedly owed $265,000 to two drug dealers and threatening to kill him and his family if he did not pay up.

The two Dominican dealers, identified in court papers only as Jason and Elvis, blamed the man for introducing them to an acquaintance whom they accused of ripping them off by fleeing with a large quantity of cocaine without paying for it. Ortiz allegedly stated that the stolen drugs had been fronted by Colombian suppliers, who were demanding their money, according to court records.

The videotape played yesterday in court showed Ortiz collecting three payments of $2,000 each from the man. Ortiz was arrested May 2 when he arrived at a Revere parking lot, where he allegedly was prepared to collect another $4,000 cash and 4 kilograms of cocaine from the man.

After his arrest, Ortiz said he was helping collect the money for the drug debt because “he thought Jason had some trouble with some Colombian people,” according to the FBI agent.

Jamaica Plain lawyer Rudolph F. Miller, who represents Ortiz, told the federal magistrate that his client “made a colossal blunder of judgment” last summer when he approached the man, identified in court documents as Victim A.

But he challenged the government’s assertion that Ortiz ever threatened to kill the man or his family, and the agent conceded during cross-examination that Ortiz was never caught making threats during the videotaped meetings or secretly recorded telephone calls.

“Mr. Ortiz actually has a defense; it’s called entrapment,” said Miller, adding that the police officer had no contact with Victim A after his August visit until the alleged victim called him at the FBI’s direction six months later to arrange meetings.

Ortiz immigrated to Massachusetts from the Dominican Republic when he was 7 years old, was raised by a single mother, and “made something of himself,” Miller said. He urged the magistrate to release Ortiz under house arrest.

However, Assistant US Attorney John T. McNeil saidOrtiz was an admitted enforcer for drug dealers, and would pose a serious danger to the cooperating witness, as well as to the community, if he were to be released. McNeil also said Ortiz would probably flee to the Dominican Republic.

“He was willing to go out and use his badge and his gun to try to extort $265,000" for drug dealers, said McNeil. “What is he willing to do when his liberty is at stake?”

Ortiz faces a prison term ranging from 14 years to 17 1/2 years if convicted, McNeil said .