Political rivals revive case

By Graciela Sevilla

HERMOSILLO, Sonora Francisco Suarez Tanori businessman,
Rotary Club member and city councilman trounced his opponents to
win election to the Mexican Congress.

But voters didn't know Suarez Tanori had once been charged with
smuggling 26.5 pounds of marijuana in the tire of a Jeep as he drove
into Nogales, Ariz.

And now the congressmanelect, who says he was unwittingly used as a
"mule" in the 1989 incident, awaits a decision over whether he will
take his seat in Congress. His case comes at a time when drug
trafficking has become a hot political topic in Mexico.

Not surprisingly, those who care about the case are divided along
party lines.

Suarez Tanori, 40, belongs to the National Action Party, or PAN,
which has gained popularity in Sonora at the expense of the
Institutional Revolutionary Party, known as PRI.

Since the scandal broke, adversaries have branded Suarez Tanori a
national disgrace and demanded that his election to the House of
Deputies be overturned.

So far, national election officials have supported Suarez Tanori's right
to hold office, saying that that he was never pronounced guilty and is
not a fugitive.

The flap is centered in San Luis Rio Colorado, the small town south of
Yuma that Suarez Tanori was elected to represent. Members of PRI,
whose control of Mexican politics faded significantly in the July
elections, profess moral indignation at the 8yearold drug charges
they dug up.

What's curious is that these detractors stood by Sonoran Gov. Manlio
F. Beltrones after the New York Times, quoting U.S. officials, linked
the governor to the drug trade. And they discounted reports that their
candidate for mayor of the border town of Agua Prieta was on the
U.S. Drug Enforcement Administration's list of the top 20 Mexican
drug lords, saying it was part of a political smear campaign. Vicente
Teran won an overwhelming victory in spite of the controversy.

Ricardo Gonzalez Valenzuela, whose brother, Raul, lost to Suarez
Tanori by more than 7,300 votes in the election, says the campaign to
oust the winner is not about party loyalties.

"We want what's best for the community," Gonzalez said. "We
honestly don't see how he can serve as a representative for our district
. . . a person with a drugtrafficking past in the United States."

But political disputes in Mexico are seldom black and white, and
Suarez Tanori's case is a study in gray. He never was cleared or
convicted of smuggling charges lodged with the U.S. District Court in
Tucson.

Instead, court documents show his case was closed without resolution,
and it can be dusted off and reopened if the courts choose.

That leaves both sides with ample room to argue.

Since the controversy erupted, Suarez Tanori has maintained a low
profile. Reached by telephone at his soldering workshop in Santa Ana,
64 miles south of Nogales, he spoke reluctantly at first.

Suarez Tanori said he had borrowed a Jeep to go to Arizona and pick
up a soldering machine, unaware of the marijuana stash. He was
arrested when a U.S. Customs investigator discovered the drugs at the
border.

Relatives posted $8,000 bond for his release. Court documents show
he returned several times for court appearances over three months,
then skipped bail.

Suarez Tanori said he decided not to return when his lawyer advised
him that his case looked hopeless.

"I didn't want to take the risk of being found guilty. . . . I lost the bail
money, and a warrant for my arrest was issued," he said.

Almost six years later, the U.S. Attorney's Office dropped the charges
and the court quashed the arrest warrant and dismissed the case with
the caveat that charges could be refiled, an order for dismissal shows.

Back home in Sonora, Suarez Tanori returned to his shop and became
involved in politics.

The drug arrest, he says, is history.

"I'm on the Santa Ana City Council and I'm part of the local PAN
council."

Luck and Mexican law may indeed allow Suarez Tanori to keep his
political seat.

Already, the Federal Electoral Tribunal has refused the PRI's petition
to declare Suarez Tanori ineligible to hold office, because he was not
convicted and is not a fugitive from justice, said Gabriel Gallo
Alvarez, a tribunal judge.

The Gonzalez camp has appealed to the top election review board for
reconsideration. The board has until today to uphold or invalidate
Suarez Tanori's election.