M.K. Fadel, the Centerville man who was prosecuted three times on cocaine charges arising from the same set of incidents, was sentenced Friday to five years probation and a $2,000 fine.
Fadel finally pleaded guilty to two misdemeanor charges, and the government dismissed felony counts.Immediately after the sentencing, he told the Deseret News, "It's a shame that the system is such that before you can truly fight something you run out of money to fight it." He said prosecution witnesses had immunity so they could testify freely, but defense witnesses didn't.
"What I have learned going through the system is that the system itself is corrupt for the benefit of the attorneys to make the most money. And it's who has the most money and who can fight longest" that matters, Fadel said.
The first attempt to prosecute Fadel ended in July 1987, when U.S. District Chief Judge Bruce S. Jenkins dismissed charges on grounds there was no reason to believe he was predisposed to commit the crimes - a charge of conspiracy to possess and dispute cocaine and two counts of distributing it.
Fadel claimed he was a victim of entrapment by Kay Sugar, a woman who was a confidential informant. He said he became sexually intimate with her.
The government appealed the dismissal and the U.S. Tenth Circuit Court of Appeals, Denver, ordered the charges refiled. Then after a trial in August, the jury deadlocked.
Finally Fadel agreed to plead guilty to two misdemeanors, while felonies were dismissed.
Jenkins said the case seems to have arrived at the point where it might have started. He sentenced Fadel to a year in prison, then stayed the term and put him on five years' probation. He also fined him $1,000 on each of the counts.
He ordered him to keep out of legal trouble, particularly mentioning drugs. He said Fadel must submit to urine tests "day or night" to detect drugs.
"If you get into trouble with the law you've got a lot less sense that I think you have," Jenkins said.