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Fri, May 16 2008 

Published April 14, 2008 11:53 am - "I think it's become a strategic option for some defendants."

Deportation lets illegals skip trial


By Julie Manganis
THE SALEM NEWS (SALEM, Mass.)

SALEM, Mass.

Some illegal immigrants facing serious criminal charges are avoiding prosecution — with the help of the government — thanks to what prosecutors say is a gaping hole in the state's bail law.

A small but growing number of immigrants charged with crimes are being deported prior to their trials, avoiding any penalty for their actions while in the United States. And once deported, authorities fear, they can return under a new alias and continue their activities.

Until the law changes, however, there's little to stop them.

"I think it's become a strategic option for some defendants," said Essex County District Attorney Jonathan Blodgett, who has lost a number of defendants to deportation before their cases could be tried. "It's a game now, and I really think it affects public safety."

Take the case of Carlos Enrique Lugo, also known as Albert Varga, who was charged with heroin trafficking on the North Shore. If convicted, he faced a mandatory minimum of 15 years in prison.

A judge ordered him held on $50,000 bail, and he sat in Middleton Jail for several months.

Then, last November, a Dorchester woman walked into the jail with a bag of cash and posted Lugo's bail — even though Lugo was also wanted by immigration authorities for being in the country illegally and would immediately be turned over to them.

That's exactly what Lugo wanted, prosecutor Michael Patten told a judge earlier this year.



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