Lawyer for slain Drummond miners fined
Reply-To: Avi Chomsky
The Drummond case is heating up, on several fronts.
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Wednesday, May 24, 2006
RUSSELL HUBBARD
News staff writer
A lawyer representing Drummond Co. miners killed in Colombia was fined $500 Tuesday for defying the orders of U.S. District Judge Karon Bowdre.
Fined was Daniel Kovalik, who represents the relatives of slain Colombian labor leaders in a suit filed under an 18th century federal law that allows people to sue American corporations in U.S. courts for their conduct overseas. Birmingham-based Drummond operates a coal mine in Colombia that produces more coal by itself in a year than all the coal mines in Alabama combined.
Kovalik was fined for filing a sworn statement as a public document with the court that contained allegations against Drummond by a Colombian federal law enforcement agent in jail in his country on corruption charges. In the affidavit, Rafael Garcia said he witnessed a Drummond official in Colombia give money to the head of an armed group with a history of hostility to organized labor. In 2001, two union activists at the Drummond mine were killed.
But the affidavit, details of which were reported on by the Miami Herald before it was sealed by the court, violates rules of evidence and defies orders issued by Bowdre, who has told lawyers on both sides the case will not be tried in the media.
Filed under seal:
A great number of the documents in the case have been filed under seal. Judges sometimes allow documents to be kept secret to protect people and organizations that might be endangered by the filings. The filing of the Garcia affidavit as a public document had the effect of "public dissemination" of his allegations, Bowdre said.
"Mr. Kovalik is zealous in his cause and didn't give good thought to his actions, or he is very crafty in circumventing court orders," Bowdre said from the bench. "I don't know which."
Drummond lawyers pointed out during the hearing that the Garcia affidavit was obtained long after the period during which details about a case are collected and shared- a process called discovery - had lapsed.
"This is not admissible evidence," Drummond lawyer Paul Enzinna told Bowdre during an open court hearing Tuesday at the Hugo Black Courthouse. "It is hearsay and it was obtained long after the close of discovery."
Bowdre agreed and fined Kovalik, acknowledging that she reduced the penalty to $500 from its original amount after the lawyer told her the mitigating circumstances in a 10-minute closed-door session. Kovalik left the courthouse without comment.
Visited jail:
In early May, Kovalik visited Garc?in jail near Bogota. The former agent of the Colombian version of the FBI said he saw Augusto Jimenez, Drummond's top executive in Colombia, give $200,000 in cash to the leader of an armed group with right-wing sympathies, the Miami Herald reported last week. In 2001, two Drummond labor leaders were pulled from a bus full of company employees, and shot.
Drummond has maintained it had nothing to do with any of it. Tuesday, the company said the Garcia affidavit is not a true depiction of events.
"The allegations are false," said Drummond lawyer William Davis III, of the Birmingham firm Starnes & Atchison.
Garcia has made a string of statements recently linking Colombian law enforcement agencies to armed right-wing groups that have been active in Colombia's 45-year civil war, the Herald reported last week.
The trial about the killings of Drummond union leaders is set to begin later this year. The Colombian labor union representing Drummond workers and families of the slain men - V?or Hugo Orcasita and Valmore Locarno Rodriguez - filed their civil suit against Drummond in 2002, alleging the company hired the assassins.
E-mail: rhubbard@bhamnews.com
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North Shore Colombia Solidarity Committee