Lawyer for federal drug agent acquitted in Ohio framing trial says he hopes to return to work

By Thomas J. Sheeran, AP
Monday, February 8, 2010

Cleared drug agent in Ohio hopes return to duty

CLEVELAND — A federal drug agent acquitted of framing 17 suspects in a 2005 investigation hopes to return to regular duty soon, the attorney defending him against civil lawsuits in the botched sting said Monday.

Agent Lee Lucas expects to be cleared in the civil lawsuits filed by victims of his paid informant’s made-up evidence in Mansfield, said the attorney, Joel Kirkpatrick.

There are more than a half dozen civil lawsuits filed against Lucas and fellow agents and law-enforcement officers and reflect complaints by about 20 people that their civil rights had been violated in the sting. They seek monetary damages, including $5 million in one lawsuit.

Lucas, who was acquitted Friday in U.S. District Court of all 18 charges that he helped the informant frame suspects, has been on administrative leave.

“Lee looks forward to returning to duty with the DEA as quickly as possible,” Kirkpatrick said in a phone interview.

The regional office of the U.S. Drug Enforcement Administration, where Lucas’ work includes stints in Bolivia and Miami, referred questions on his job status to the agency’s Washington headquarters. The offices were closed Monday except for a skeletal staff as the capital dug out of a weekend snowstorm.

The U.S. attorney’s office in Cleveland declined to comment Monday on Lucas’ status. Because the office had worked in the past with Lucas, his trial was handled by federal prosecutors in Pittsburgh.

Kevin Durkin, a lawyer for a framing victim who has sued Lucas, said the acquittal wouldn’t affect the civil case. Those suing Lucas and other officers could benefit from a lower standard of proof than the criminal case, he said.

In a criminal case, the jury most believe a person is guilty beyond a reasonable doubt. In a civil case, the standard of proof is the preponderance of evidence, Durkin said.

Kirkpatrick predicted the trial wouldn’t harm Lucas’ effectiveness as a prosecution witness in drug trials.

“I don’t think anyone is going to have any trouble with Lee Lucas,” he said. “Lee Lucas is probably one of the — if not the — hardest-working DEA agents that Cleveland has ever seen and will continue serving the community in his fight to prosecute drug dealers,” he said.

Lucas might be willing to discuss the trial ordeal at some point, Kirkpatrick said. After the verdict, Lucas only commented briefly that the truth had emerged after years.

The jury deliberated for two days. According to signed verdict forms released Monday, the jury reached “not guilty” verdicts on the first seven counts Thursday and the final 11 counts Friday.

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