[Congressional Record (Bound Edition), Volume 151 (2005), Part 7]
[Senate]
[Pages 9277-9278]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         JUSTICE FOR TODD SMITH

  Mr. NELSON of Florida. Mr. President, just today I initiated an 
effort to ask Peruvian President Alejandro Toledo to reopen an 
investigation into the brutal torture-murder of a young journalist from 
my state.
  The 28-year-old reporter, Todd Smith, was found dead 15 years ago, 
his body discovered in Peru's violent coca-producing region. This son 
of a Florida appellate judge worked for The Tampa Tribune, and was 
investigating the drug traffic in the northern Peruvian jungle.
  Officials in Peru were quick to say the murder was the work of the 
Shining Path--a Maoist insurgent group said to be involved in 
protecting cultivators of the coca plant. Specifically, Peru's Interior 
Ministry said Todd had been captured by Maoist rebels and possibly sold 
to drug traffickers for $30,000.
  Four years later, a secret counter-
terrorism trial in Peru resulted in a Shining Path guerrilla being 
sentenced to 30 years in prison for taking part in the murder.
  He was the only person ever tried for the crime--and even he 
reportedly has received an early release. Little else was known.
  Now, however, the transcript of that secret 1993 trial has emerged, 
including an intelligence report that identifies a businessman who 
founded a Peru airline as one of the masterminds behind Todd's killing. 
The complete court file was obtained by a Lima-based institute for a 
free press and society.
  According to one of several detailed intelligence reports in the 
trial transcript, the guerrillas who tortured and strangled Todd were 
working for Peru businessman Fernando Zevallos, and two others 
allegedly involved in the drug trade.
  But Zevallos--labeled a Peruvian cocaine kingpin last year by the 
Bush administration--was never charged in the case. The New York Times 
quotes American and Peruvian authorities as saying he has evaded 
justice for so long by bribing court officials and killing witnesses.
  It has been over 15 years since a son of Florida and a member of the 
fourth estate was tortured and strangled to death in the jungles of 
Peru--and clearly, justice has yet to be served.
  In January, I went to Peru and there I established a working 
relationship with President Toledo and was joined by Ambassador 
Ferrero, Peru's ambassador to the United States
  Today, through proper diplomatic channels, I made a formal request 
that President Toledo immediately reopen the investigation into Todd 
Smith's death; and, that his government cooperate fully with our State 
Department and FBI. And Ambassador Ferrero told me he ``would put all 
[his] effort into this.
  I hope my Senate colleagues will join me in demanding that justice 
finally be served in this case.
  Todd's parents, and his two sisters, deserve no less.
  Mr. President, I am going to birddog this with everything I have to 
see that this case is brought to justice. I do believe the Peruvian 
government clearly has an interest, now that the secret court files 
have come to light, to get to the bottom of this. I earnestly hope we

[[Page 9278]]

will get the cooperation of the Peruvian government in reopening the 
investigation. There is no excuse, when an American newspaper reporter 
is brutally tortured and murdered, that we should not have all the 
facts. If it leads, in fact, to this businessman, then so be it. We owe 
this especially to this family in Florida that for so long has not 
known any of the facts of this brutal killing of their son.
  I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. INHOFE. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendment No. 742 To Amendment No. 605

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Talent 
amendment at the desk, which is identical to the amendment previously 
agreed to, be agreed to and the motion to reconsider be laid on the 
table.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Inhofe], for Mr. Talent, 
     proposes an amendment numbered 742.

  The amendment is as follows:

 (Purpose: To require notice regarding the criteria for small business 
         concerns to participate in Federally funded projects)

       At the end of subtitle H of title I, add the following:

     SEC. 18__. NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS 
                   CONCERNS.

       The Secretary of Transportation shall notify each State or 
     political subdivision of a State to which the Secretary of 
     Transportation awards a grant or other Federal funds of the 
     criteria for participation by a small business concern in any 
     program or project that is funded, in whole or in part, by 
     the Federal Government under section 155 of the Small 
     Business Reauthorization and Manufacturing Assistance Act of 
     2004 (15 U.S.C. 567g).

  The PRESIDING OFFICER. Without objection, the request is agreed to.
  The amendment (No. 742) was agreed to.
  Mr. INHOFE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. INHOFE. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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