VZCZCXYZ0000
OO RUEHWEB

DE RUEHBU #1401/01 2841845
ZNR UUUUU ZZH
O 101845Z OCT 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2223
INFO RUCNMER/MERCOSUR COLLECTIVE
RUEHCV/AMEMBASSY CARACAS 1887
RHMCSUU/FBI WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC

UNCLAS BUENOS AIRES 001401 
 
SENSITIVE 
SIPDIS 
 
FBI PASS TO DEPUTY DIRECTOR PISTOLE AND ASSISTANT DIRECTOR 
FUENTES 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KCRM KCOR SNAR AR
SUBJECT: ARGENTINE WITNESS IN MIAMI TRIAL CONTINUES TO 
COMPLAIN ABOUT FBI TREATMENT; MFA CONVOKING AMBASSADOR TO 
COMPLAIN 
 
REF: BUENOS AIRES 1380 
 
¶1. (SBU) Sumary: After ten days in Miami, former Airport 
Security Police Officer and witness in the Antonini-Wilson 
case, Maria Lujan Telpuk returned to Buenos Aires on October 
9 and continued (reftel) to question the way the FBI 
intercepted and interviewed her at Miami International 
Airport on September 28.  Telpuk, the former Argentine 
airport security officer who discovered Antonini-Wilson's 
cash-stuffed suitcase in August 2007, said she was 
"surprised" but not ill-treated by the FBI agents who 
interviewed her at the Miami airport as she traveled to the 
US to testify in the trial of Franklin Duran.  Argentine 
Ambassador to the United States Hector Timerman seized on 
Telpuk's remarks to assert the FBI had unduly pressured 
Telpuk, that there had been a pattern of questionable actions 
taken by the FBI, and that the GOA could ask an international 
tribunal to review the appropriateness of FBI actions.  The 
issue has continued to attract significant media attention. 
The Foreign Ministry is convoking the Ambassador to meet with 
Foreign Minister Taiana today, October 10, apparently to 
register a protest on the alleged "mistreatment" of Telpuk. 
End summary. 
 
---------------------------------------- 
FBI Interview Upon Further Reflection... 
---------------------------------------- 
 
¶2. (SBU) After ten days in Miami, former Airport Security 
Police Officer and witness in the Antonini Wilson case, Maria 
Lujan Telpuk returned to Buenos Aires on October 9 to a media 
frenzy.  Telpuk gave numerous print and broadcast interviews 
on October 9 and 10, and offered additional details of her 
encounter with FBI agents at Miami International Airport 
reported previously in reftel.  She told the press that she 
was "surprised" by the fact that the FBI agents looked for 
her upon arrival at Miami International Airport and "locked 
her up in a room with three FBI agents" to talk to her "for 
over two hours."  She characterized her interview with the 
FBI as "a mess.  One of the agents did not speak Spanish, 
another spoke very little, and the third (female) agent spoke 
the best."  She asserted that "it was a very messy form of 
communication that served their strategy.  They wanted me to 
contradict myself."  She insisted that she was not informed 
of her rights or told she could refuse to answer questions. 
She also complained that the FBI cited portions of the 
interview in court.  "I never thought they would behave like 
that," she said. 
 
¶3. (SBU) Recounting what she described as the FBI agents' 
offer of political asylum and assistance in finding a 
modeling job in the United States, Telpuk explained to the 
press that at first, she did not connect the FBI offer to her 
court testimony in the Franklin Duran trial.  "That's why I 
thought they were very nice at first," she said.  After 
talking to Franklin Duran's defense lawyers, however, she 
said that she concluded that the FBI's offers were "something 
similar to bribery."  She added that, "Sometimes, I am very 
gullible.  To be honest, I realized this afterwards, after I 
had spoken to the lawyer (of defendant Franklin Duran)...  It 
is my impression that if I had gone to the modeling agencies 
(the FBI) mentioned, they would have hired me, and, the way 
they handle things there, everything would have changed, even 
my testimony."  She reiterated, however, that the FBI "did 
not treat me badly.  They didn't insist.  They simply made a 
suggestion and told me to go to these places and that they 
were sure I would be lucky...  Thank goodness I kept my feet 
on the ground and didn't accept.  I think if I had accepted 
they would have asked me directly to change my testimony." 
 
¶4.  (SBU) On October 10, left-of-center, pro-government 
"Pagina 12," pro-government "Buenos Aires Economico," 
centrist mass-circulation "Clarin," centrist "La Prensa," and 
various television and radio stations reported Telpuk as 
saying that the FBI "protects and covers up" Antonini Wilson 
all the time.  "Pagina 12" quoted her as saying that she was 
"positive they did not want (her) to testify against Antonini 
Wilson."  In a different statement to the press, Telpuk 
reiterated that she was neither mistreated nor pressured by 
the FBI agents, but said that the experience was "not easy" 
and that she had been afraid. 
 
------------------------------------- 
Telpuk's Comments on the Trial Itself 
 
------------------------------------- 
 
¶5. (SBU) In the October 9 edition of largest circulation 
daily "Clarin," Telpuk complained about the tone prosecutors 
used with her when cross-examining her at the trial.  She 
stated that "the prosecutors put too much focus on my private 
life and sought to discredit my statement."  (Note: After the 
"valijagate" scandal first broke, Telpuk exploited her 
new-found celebrity to pose for the Argentine edition of 
"Playboy" and participate in local TV competition "Ice 
Skating with the Stars.")  According to "Clarin," although 
Duran's attorney Ed Shohat succeeded in convincing Judge 
Lenard to reject the use of Telpuk's Playboy photos as 
evidence to discredit her testimony, the judge allowed 
prosecutors to suggest that Telpuk capitalized on "her moment 
of glory and fame" to make money.  Despite these complaints, 
Telpuk expressed satisfaction at being able to "tell the 
truth" before the court in Miami.  She told "Clarin," "My 
final evaluation is very positive and I hope the final result 
is known." 
 
--------------------------------------------- ---------- 
Timerman Derides U.S. Judicial Independence in the Case 
--------------------------------------------- ---------- 
 
¶6. (SBU) In an interview with newspaper-of-record "La Nacion" 
published on October 9, Argentine Ambassador to the United 
States Hector Timerman claimed that FBI agents "pressured" 
Telpuk during the meeting at the airport and that these 
tactics raise doubts about "judicial independence in the 
United States."  He also raised the possibility of bringing 
the case to an "independent international tribunal." 
Timerman expressed concern "that an Argentine citizen waiting 
in line for immigration control was taken away to be 
interrogated.  This is not the first time this has happened, 
especially in Miami.  In this case, the situation is worse 
because the person involved came to fulfill her duties with 
the court...it worries me that this individual could not give 
testimony in Court without first being pressured or 
questioned by agents of the Department of Justice."  When 
asked by the press if the GOA would raise a formal protest 
with the State Department, he said not until Telpuk made such 
a request. 
 
¶7. (SBU) Timerman also told the press that the FBI-Telpuk 
interview exemplifies how the FBI has mismanaged the Antonini 
Wilson case, and cited three additional examples: 1) "taping 
people without their knowledge that they are being taped by 
the authorities," 2) "preparing the questions Antonini used" 
during his meetings with the suspects, and 3) "writing the 
letter Antonini signed and sent to Chavez." 
 
¶8. (SBU) He concluded that "for this reason, (the Argentine 
government is) completely opposed to the way in which this 
case is being handled and believe that if these activities 
are brought before an international tribunal sometime in the 
future, it will be shown that these tactics are not the 
accepted norm by the majority of countries.  We do not 
discard the possibility (of raising the case before an 
international court).  We would like the FBI's actions in 
this case to be evaluated by an independent international 
court.  We believe that there are certain issues where 
Argentina has to protect its interests and the interests of 
its citizens, and we believe when law enforcement 
interrogates a witness before that witness has an opportunity 
to present themselves before the court casts doubts about the 
judicial independence of the court and whether the witness 
has been able to act freely and in accordance with their 
conscience.  We believe that the (FBI's "interrogation" of 
Telpuk) in an airport without previous notice is an attempt 
to influence her response or behavior before the Court.  We 
believe that the witness has been pressured, coerced, call it 
what you will.  (She) did not arrive (before the Court) in 
full liberty to testify according to her conscience.  We do 
not doubt her testimony, but rather the independence that the 
judiciary has to interrogate a witness who has previously 
been pressured or frightened by a police authority such as 
the FBI."  Timerman also claimed that the Argentine 
government has not received an answer regarding their request 
to extradite Antonini-Wilson. 
 
¶9.  (SBU)  On the morning of October 10, the Foreign Ministry 
informed the Embassy that Foreign Minister Taiana wished to 
convoke Ambassador Wayne to his office apparently to protest 
the USG's treatment of Telpuk on her arrival to Miami.  The 
Foreign Ministry subsequently asked that the meeting be 
one-on-one.  It will occur later on October 10, and we will 
report the results septel. 
 
------- 
Comment 
------- 
 
¶10. (SBU) Although Telpuk's statements regarding her 
experience with FBI agents in Miami appear to be 
inconsistent, they are most likely colored by the 
prosecutors' tough cross-examination during the trial and her 
subsequent conversations with Duran's defense lawyers.  Her 
statements about not being read her rights during her 
interview with the FBI also reflect a poor understanding of 
how our judicial system operates.  In the court of Argentine 
public opinion, however, fine legal distinctions count for 
little, and the GOA is eagerly describing the Telpuk incident 
in Miami as witness tampering in order to advance its view 
that this case represents a politically motivated conspiracy. 
 The media have given this wide coverage with negative twists 
ion the protrayal of the U.S. justice system.  On guidance 
provided by Washington, the Embassy has not commented. 
 
WAYNE