| 
| 
| 
| 
NATIONAL BORDER PATROL COUNCIL LOCAL 1613 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
AFFILIATED WITH AFL-CIO -- "PROTECTING THOSE WHO PROTECT OUR BORDERS"
FOR IMMEDIATE RELEASENovember 26, 2002
Border Patrol Agents found not guilty in United States Federal Court
On November 25, 2002, Justice was served when U.S. Border Patrol Agents John R. Wallace and Robert Curtin were found not guilty in U.S. Federal Court of violating the civil rights of Erik Mendoza-Rubio. Agents Wallace and Curtin had been charged with one count each stemming from an altercation with Mendoza.
On August 30, 2001, San Diego Police officers arrested Mendoza, who was in the possession of a stolen vehicle. Officers later discovered three illegal aliens in the trunk of the stolen car and one of them was a seven and a half month pregnant female who required immediate medical treatment. Unable to identify Mendoza, police transported him to the Chula Vista Border Patrol Station. At the station, Mendoza was identified as a previously deported criminal alien with convictions for drug smuggling and false claims to United States citizenship. Mendoza also had several previous arrests for alien smuggling.
During the course of an interview, Mendoza lashed out at Agents Wallace and Curtin. A forty-four second struggle ensued and was caught on videotape. Mendoza filed a complaint of abuse with the United States Department of Justice Office of Inspector General. The Federal Bureau of Investigation's Civil Rights Division later joined in the investigation. A year later, Assistant United States Attorney (AUSA) Christopher Tenorio, of the San Diego office's Civil Rights Division, announced the indictments of the two agents. Tenorio's only supporting evidence was the videotape, which contained no evidence of the alleged assault, and the testimony of Mendoza, an illegal alien and career criminal. During cross-examination of Mendoza, he admitted that he misled the investigators and was prone to lying when it was to his personal benefit. Consequently, his testimony resulted in laughter from the audience several times.
National Border Patrol Council, Local 1613, the union representing San Diego Border Patrol Agents, is dismayed by the conduct of the Civil Rights Divisions of the U. S. Attorney Office and the FBI. Local 1613 attributes this conduct to a few special interest groups in San Diego that influence the investigations of the U.S. Attorney's Civil Rights Division. Local 1613 asserts that the indictment should have been filed against Mendoza for filing this frivolous allegation and lying to Federal investigators. However, the U.S. Attorney's Office does not pursue individuals who file frivolous allegations against Border Patrol Agents; thereby, creating an environment for frivolous allegations to increase, shielding criminals like Mendoza, and ultimately diminishing the safety of the American Public.
Accordingly, Local 1613 is in consultation with the attorney's of both agents in order to determine the feasibility of filing civil suits on behalf of the agents against the U.S. Attorney's Office Civil Rights Division for their malicious prosecution, the FBI's Civil Rights Division for their biased investigation, and Mendoza for filing this frivolous allegation.
Agent Wallace, a seven-year veteran, and Agent Curtin, a five-year veteran, were supported throughout the eight day trial by family, friends, fellow Agents, representatives of Local 1613, and even other Assistant United States Attorneys who have worked with them in the past. Agent Wallace was represented by Attorney Michael Attanasio of Luce Forward and Agent Curtin was represented by Attorney Patrick Cooney of Gattey, Cooney and Baranic.
For further information, contact Rob Rodgers at 619-954-3286 or 619-710-1691
|
|
|
|