Feds want Modafferi
jailed until his
drug trial begins

The former drug prosecutor was allegedly caught on videotape smoking 'ice'

By Linda Hosek
Star-Bulletin

Federal prosecutors today will try to keep Gary Modafferi in jail until his trial for federal drug charges, saying the prominent defense attorney threatened an FBI agent and had a gun at his home.

Assistant U.S. Attorney Tom Muehleck yesterday also called Modafferi, in federal custody since Sunday night after his arrest, a flight risk. He said the former city prosecutor could use his knowledge of law enforcement to evade the law.

"Attorneys don't want to go to jail," he added.

Muehleck said Modafferi threatened to beat an FBI agent, but said he made the threat before agents allegedly videotaped Modafferi smoking crystal methamphetamine.

But Michael Green, Modafferi's attorney, said federal agents took his client's passport and that he had left the country only once to visit Europe with a friend.

He also said Modafferi's gun was registered and purchased long before the current charges, which include distributing a prescription pill in August and a half gram of crystal methamphetamine, or "ice," to a cooperating witness on Oct. 3. A third charge includes possessing "ice" on Oct. 17.

"Gary knows the consequences," he said, explaining why Modafferi would not flee. "He's a tough guy. He'll be able to deal with what's in front of him."

He also said Modafferi, dressed in court in a T-shirt with the words: "police line -- "do not cross," was heartbroken about the charges. But he also said the well-respected attorney had enough friends to help him pick up the pieces.

Green said the alleged pill was to promote sleep and the alleged amounts of "ice" amounted to a "couple of granules of salt." He said federal agents pursue cases with such small quantities only if they have targeted the defendant.

"Whether it's 0.69 of a gram or more, it's a crime," he said. "But government agents have far better things to do than to prosecute 0.69 of a gram. That's usually reserved for the state. This case has a life of its own."

Possessing 100 grams or more carries a minimum prison term of 10 years to life. Possessing less than that amount carries a term of 0 years to life, but no minimum term exists.

John Gillies, FBI spokesman, said the FBI pursues drug investigations it starts, regardless of the quantity it discovers.

He also said the investigation of Modafferi had nothing to do with Modafferi's status as a high-profile defense attorney whose clients frequently face drug charges.

Myles Breiner, who has teamed with Modafferi in criminal cases, said Modafferi's case was a "concerted government effort to target a prominent criminal defense attorney who was a thorn in the government's side."

Green said the government's cooperating witness was a female related to a client within the last year.

He said the witness may have cooperated as a way to get a lesser sentence for the defendant.

Brian Means, assistant counsel for the Disciplinary Counsel, said attorneys charged with felony drug offenses can continue to practice. But if convicted, they can be disbarred.