IMMIGRANTS' TESTIMONY OUT? JUDGE TO ISSUE RULING IN HUMAN-SMUGGLING CASE.

Byline: Rachel Uranga Staff Writer

A federal judge who already has excluded key evidence in a human- smuggling case because police entered a suspected ``drop house'' in Canoga Park without a warrant is scheduled to rule today whether 10 of the illegal immigrants found there can testify.

Attorneys for the seven defendants have argued that Los Angeles Police Department officers illegally entered the 900-square-foot Loma Verde Avenue home, where as many as 70 undocumented immigrants were found barefoot, living in squalid conditions.

Prosecutors have argued the circumstances were so urgent - with the health and welfare of scores of people in jeopardy - that police had no time to seek a warrant.

``It's clear that the police acted in good faith,'' said Thom Mrozek, spokesman for the U.S. Attorney's Office.

U.S. District Judge Terry Hatter ruled last month that much of the evidence gathered by officials during the search is inadmissible at trial because of the lack of a warrant. Defense attorneys hope for a similar ruling today for their clients - six men and one woman charged with conspiracy to transport and harbor illegal aliens.

``To me, this is indicative of my experience with the LAPD. Often times rather than going through correct legal processes they take shortcuts,'' defense lawyer Alan Rubin said.

During an earlier hearing, two LAPD officers testified they went to the house after receiving a tip from a relative of one of the immigrants. They entered after seeing several people in the house though an open door and also spied bars and chicken wire covering the windows through gaps in a 6-foot-tall wooden wall surrounding the house.

But the defense attorneys argued it was impossible to see into the house.

Ronald Bergmann, LAPD deputy chief overseeing the Valley Bureau, would not comment on the specifics of the case, but he said he'd been surprised by the judge's September ruling.

``In some cases these people are being held by kidnappers and nobody has ever requested us to get a search warrant for somebody who gets kidnapped.''

Included in the evidence that cannot be used is a spiral notebook that authorities say is a pollo log, a record kept by smugglers listing the names of the immigrants, how much they owe or have paid for getting into the United States and relatives' phone numbers.

Immigrants rights attorneys are closely watching the case, which they fear will collapse without the testimony of the 10 witnesses.

They already faced disappointment in a case involving three people charged with smuggling in more than 100 illegal immigrants found at a home in Watts.

Federal prosecutors were forced to drop charges against the trio because authorities released the immigrants before defense attorneys had a chance to interview all of them.

Advocates for immigrants worry future cases will go unreported unless smugglers are brought to justice.

``It would remove incentive for people to go to police for help,'' said Raul Gordinez, chairman of the Southern California chapter of American Immigration Lawyers.

Already, many immigrants are too afraid to turn to police, who they fear will deport them. If confidence of law enforcement's ability to prosecute ``coyotes'' or human smugglers further diminishes, people will be less likely to report them, he said.

Despite the setbacks in the case, Virginia Kice, spokeswoman for Immigration and Customs Enforcement, said she has not given up hope that the suspected smugglers would be successfully prosecuted.

``It's not the ninth inning,'' she said.

Rachel Uranga, [phone]

rachel.uranga(at)dailynews.com