Introduction
This Narco News report is about two tragic shooting incidents involving two U.S. Customs Service (“Customs”) Inspectors who got shot and wounded on April 17, 1997 at the Calexico, CA International Port of Entry, and the killing of a U.S. Customs & Border Protection (“CBP”) Special Agent assigned to the CBP’s Office of Internal Affairs, Miami, FL on August 5, 2008. This author intend to bring a comparison of the two incidents and the different attention they received from the top agency’s heads under two different U.S. Presidential administrations under former president William Jefferson Clinton and president George Walker Bush.
The questions this author is posing for the U.S. Department of Homeland Security’s Secretary Michael Chertoff, U.S. Customs & Border Protection’s (CBP) Commissioner W. Ralph Basham, CBP’s Deputy Commissioner Jayson Ahern, CBP’s Director of the Office of Internal Affairs (OIA) James F. Tomsheck and the Miami CBP Regional OIA Director Richard Kolbusz are as follow: 1) why there was not a single media and press conference held by CBP’s HQ and Regional managers; 2) why there was no press release issued and posted in the CBP’s official website regarding the death of agent Pettit; and 3) if certain CBP’s HQ and Regional CBP-OIA management officials participated in the search for the killer and attended the memorial ceremony, and burial of Special Agent Pettit, from August 5, 2008 to August 8, 2008, why is it that not a single interview was recorded or at least posted as a press release?
On August 11, 2008, Jose Castellano, Chief CBPO, Public Affairs, Miami, FL, telephonically confirmed the attendance of several CBP-HQ top management officials at the memorial ceremony, and burial of Special Agent Pettit. Chief Castellano also indicated that agent Pettit’s Miami CBP-OIA Special Agent in Charge, Mr. Richard Kolbusz attended the services. When asked why they did not appeared in any of the mainstream video conferences, he responded by alluding that when the Florida Governor showed up, he got all of the attention. Chief Castellano was told by this author about his concerns that there had been no press releases posted on the CBP’s official website regarding the death of agent Pettit. Chief Castellano had no comment on the press release issue since the author, originally asked to answer only one question: if any CBP-HQ top management officials attended the conference. Chief Castellano answered this question affirmatively. However there are still some lose ends to this story.
For example, CBP issued a press release and posted it on its website on August 4, 2008 on the arrest of a criminal alien by the U.S. Border Patrol, see http://www.cbp.gov/xp/cgov/newsroom/news_releases/08042008.xml. Is the posting of a press release regarding the arrest of one criminal illegal alien more important than reporting the killing of a CBP Special Agent?
On August 12, 2008, this author reviewed the CBP’s official website press releases and still had nothing posted on agent Pettit’s untimely and unfortunate death.
On August 11, 2008, the Miami Public Affairs Officer (PAO) of the U.S. Food & Drug Administration (FDA) returned the authors call and confirmed that several FDA management officials, including agent Pettit’s former FDA immediate supervisor attended his funeral. The PAO also confirmed that agent Pettit’s widow Lleana works for FDA.
During the search for the killer, and during the memorial ceremony and burial services, only agent’s Pettit’s immediate family, the local police department commanding officers, and a number of various federal, state, and local police officers appeared on national television. However, no CBP, FDA, or US Army’s CID (“USACID") management officials appeared in any of the mainstream media coverage. The only federal management official seen on national television was the top Miami area federal law enforcement officer, U.S. Attorney R. Alexander Acosta.
Should we blame the different mainstream media mogul organizations covering agent Pettit’s sequence of events for missing to video tape alive any CBP, FDA, or USACID’s top management official, or if in fact they were at the different sites, for failing to identifying them by name and title?
What took place on August 5, 2008 in Pembroke, Florida between agent Pettit and his killer James Patrick Wonder who will be tried for his confessed crime which he admits having committed, was simple the result of a typical “road rage” incident. We still don’t know what was going through agent Pettit’s mind at the time of the incident and why he acted the way he did. After six-months with the CBP’s Office of Internal Affairs, was he disappointed with what he was experiencing on the job? This is a very personal question and one which can only be answered by his widow, Lleana. What we do know is that he had a PhD degree, that he was a certified polygraph examiner; that he retired from the U.S. Army’s Criminal Investigative Division after 20 years; that he was a special agent with the U.S. Food & Drug Administration for 15 years. As to whether or not he was driving his own personal car or a CBP’s car, this question unfortunately needs to be answered by CBP and the investigating police department. It is for certain, that of all of the law enforcement officers involved in the search for the killer, along with his widow Lleana, they know the answer to this unanswered question. The license plate of the car agent Pettit was driving had the license plate covered with a white piece of paper.
An E-mail sent to Lleana Pettit’s attorneys went unanswered by the time of the publication of this report.
Dilemma
Granted, agent Pettit had been with the CBP’s OIA for only six months. There is also the possibility that he was driving his assigned government-owned vehicle (GOV) with his daughter as a passenger. A review of all of the mainstream media reports (video and printed) the police spokesperson always avoided to state if the vehicle agent Pettit was driving was his own personal vehicle or if he was driving his GOV. When the police spokesperson was asked about agent Pettit’s vehicle the response was usually the same: “that information is part of an ongoing investigation” – To confuse matters even more, there were conflicting police reports in the beginning of this incident where the police stated that Agent Pettit was on-duty at the time of the fatal shooting. Later on, the information was changed to him being off-duty.
If in fact agent Pettit drove his GOV with an unauthorized passenger without management’s authorization, then he would have been in violation of federal policy and agent Pettit would have received from an automatic 30-day suspension without pay up to termination, since he was still considered “on probation” status. It is possible agent Pettit had a reason for having his 12-year old daughter in the GOV, such as an emergency run to the hospital etc. If the CBP brass were upset that agent Pettit committed misconduct and that this is the sole reason, the CBP’s brass decided to not even post a single press release on their official website regarding his tragic death, this lack of empathy displayed by DHS and CBP would bring some moral problems to not only CBP but to the entire DHS’ law enforcement rank and file employees. Perhaps, agent Pettit already paid his punishment, if he deserved any, with his life. One fact that cannot be avoided is that he worked for the federal government for over 35 years, according to all of the news reports and media conferences. Further, his over 35 years as a federal law enforcement officer cannot be forgotten. This should be a concern to the thousands of federal law enforcement officers from all U.S. agencies. Not even a single press release or an official notification of an active federal law enforcement officer getting killed by the three federal agencies he worked for in his 52 years of life that was cut short by a "road rage" incident that went terrible wrong. The absence of any official press release issued by the above three different federal agencies conveys a strong message; that perhaps the loss of the life of one dedicated federal law enforcement officer means very little to the U.S. government.
Whether agent Pettit was on-duty or off-duty is a technical matter of interpretation – because all federal law enforcement officers (normally criminal investigators GS-1811 series) who are getting “special over-time premium pay, are considered to be “on-duty status 24/7 because they are subject to be called to work at any time, see 5 U.S.C. 5545a, Administratively uncontrollable overtime pay under 5 U.S.C. 5545(c)(2); or Standby duty pay under 5 U.S.C. 5545(c)(1).
http://www4.law.cornell.edu/uscode/uscode05/usc_sec_05_00005545----000-.html
It is worth to mention that Lleana Pettit widow of agent Pettit and their daughters received personal comfort and praise from R. Alexander Acosta, United States Attorney for the Southern District of Florida and Charlie Crist, Governor of Florida, who attended agent Pettit’s funeral. By the way, Lleana is Hispanic (Puerto Rican).
James F. Tomsheck, Assistant CBP Commissioner for the Office of Internal Affairs gave his opinion and highly praised Special agent Pettit but still Mr. Tomsheck did not appear anywhere during the three-day tragic scenario.
This author searched also the official websites of the U.S. Food & Drug Administration and the U.S. Army’s Criminal Investigative Command and found nothing on agent Pettit incident.
On August 12, 2008, this author reviewed some of the majority of the public responses to the Miami Herald and other mainstream news media organization reporting on agent’s Pettit’s death by James Wonder, whose mug picture posted by a blogger showed him much older due to his kidney medical illness. The court of public opinion is already leaning towards agent Pettit’s assailant and killer. The author believes that this is a result of the local police changing their stories of events numerous times. It is why, in the author’s opinion, an exclusive official media and press conference by CBP’s HQ top management officials would have been very helpful.
Media Coverage
One reporter summarized the Donald Pettit’s fatal shooting as follow:
“And on the Internet, debate raged on the differing responses and resources for different murder victims. In the case of U.S. Border and Customs agent Donald Pettit: a 30-hour manhunt involving hundreds of officers, many on their own time, along with roadblocks, traffic stops and air support including a federal Blackhawk helicopters.
In the case of the taxi driver: a perimeter around the shooting scene for a few hours, followed by an investigation that lacked the same show of force accompanying Pettit's death.
As details in the Pettit case came out, more questions followed. Why did Pettit follow another driver into a post-office parking lot after an exchange of obscene gestures? Why would suspect James Wonder, 65, respond by allegedly shooting Pettit in the head? If Pettit was on duty, as authorities say, why was his 12-year-old daughter with him?”
http://www.sun-sentinel.com/news/local/broward/sfl-flbmayocol0810sbaug10,0,1644447.column
Lleana Pettit has retained the services of the Law Firm of Broad and Cassel from Fort Lauderdale, FL 33301 to handle her husband’s tragic death matter. This author believes Mrs. Pettit did the right thing. www.broadandcassel.com
U.S. Customs & Border Protection Press Release Website: http://www.cbp.gov/xp/cgov/newsroom/news_releases/
1997 – U.S. Customs Service
U.S. Customs Service Inspectors Nicolas Lira & Roberto Labrada – April 17, 1997
On April 17, 1997, Inspectors Nicolas Lira and Roberto Labrada of the US Customs Service were shot and wounded inside a border crossing station in Calexico, CA. Both inspectors had taken a man into a security area after suspecting him of carrying drugs. The perpetrator then opened fire with a .380 calibre pistol striking one of the inspectors in the face and one in the chest. The inspectors were able to return fire and killed the smuggler one inspector recovered fully, the second one required additional medical care and therapy. 100 pounds of marijuana was found in the car the perpetrator was driving. All parties involved, smuggler and two Customs inspectors were Hispanics (Mexico).
Here is the difference between the two incidents: When the shooting took place, this author, who at the time was the Resident Agent in Charge (RAC), Office of Internal Affairs (OIA), U.S. Customs Service, El Centro, CA, along with all of his subordinate senior special agents responded to the Calexico, CA Port of Entry.
The RAC, Office of Investigations (OI), U.S. Customs Service, El Centro, CA and a group of (OI) special agents also responded. The RAC’s for OIA initial job was to evaluate and assess the shooting incident. Were the Customs inspectors in anyway, from the preliminary reports, acted within their scope of authority and the killing of the suspect-marijuana smuggler was justifiable? The answer was yes. Then the jurisdiction went to the RAC for OI to investigate the shooting. However the U.S. Customs’ management response did not end with both Customs RACs at the scene of the crime. Within hours, the Commissioner of the U.S. Customs Service Mr. George J. Weise and Raymond Kelly, Undersecretary for Enforcement, U.S. Department of the Treasury, Washington, D.C. arrived at the scene. Also arriving at the scene hours later, were both Special Agents in Charge for the San Diego-area Office of internal Affairs and the Office of Investigations as well as the San Diego-area District Director for the Customs’ Office of Field Operations.
The decision was made to turn over the investigation to the Calexico Police Department, with the assistance of both Customs OIA and OI. Later, Commissioner Weise, Undersecretary Kelly, the Calexico Police Lt. in charge of the investigation conducted a national, regional and local media-press release conference at the Calexico City Hall auditorium.
The author attest that the above events did in fact took place because he was the personal driver of his boss, the San Diego OIA SAC, Commissioner Weise, and Undersecretary Kelly during their stay in Calexico, CA. Kelly and Weise even took their time to visit the two wounded Customs inspectors at the local El Centro Regional Medical Center and met with the immediate relatives of the two inspectors. Later, both Customs inspectors went to Washington, D.C. at Customs’ expense to receive their “Awards” from the Customs Commissioner.
The above incident took place in 1997 under the same organization but with a different name. The current CBP Deputy Commissioner Jay Ahearn was already at the Customs’ Office of Field Operations, HQ as a top manager with oversight of all U.S. Customs ports of entries, and Customs inspectors’ workforce. In 1997, W. Ralph Basham and James F. Tomsheck were with the U.S. Secret Service. To the author’s understanding is that Basham was the Director of the U.S. Secret Service and was facing a class action lawsuit of discrimination filed by a group of Black special agents. As to Ahearn, he had his share of sexual harassment and discrimination complaints filed against him when he was in Miami, FL as a top level U.S. Customs’ Office of Field Operations.
It is a fact that the current CBP agency is going through some difficult time dealing with complaints of misconduct by CBP managers and supervisors. For some shocking revelations about how businesses are being conducted at DHS, CBP and other DHS agencies, please click here http://departmentofhomelandsecurityexposed.com/index.php. Also a very interesting reading about the same subject can be found at http://www.bordergate.net/ and of course at http://www.narconews.com/.
Matters of Concern and Tribulation
It is the author’s intent to hopefully bring some solace to the widow and daughters of CBP’s Special Agent Donald Pettit in understanding and knowing more about why agent Pettit’s regional CBP-OIA boss, and the CBP-HQ Commissioner and Assistant Commissioner were (probably) absent during their ordeal which commenced on August 5, 2008 and ended on August 8, 2008, when agent Pettit was put laid to rest in a U.S. Veteran Administration cemetery. The assertion that agent Pettit’s CBP bosses were absent is due to the fact that no CBP manager or supervisor was interviewed by the various mainstream media organizations, nor they were seen during the eulogy conference and funeral proceeding.
On August 5, 2008, at approximately 9 a.m., in Pembroke, Florida, a suburban town 10 miles away from Miami, Special Agent Donald Pettit, age 52 of the Office of Internal Affairs, U.S. Customs & Border Protection, Department of Homeland Security was shot in the back of the head and killed by a 65 year-old man after what appeared to be a “road rage” altercation between Agent Pettit and the suspect. Agent Pettit’s 12-year old daughter was riding with him. Subsequently, after over 200 of federal, state and local law enforcement officers conducted a massive manhunt, finally the lead investigating local police department got their suspect on August 6, 2008. The suspect was charged with premeditated murder in th first degree and incarcerated without bail. Agent Pettit leaves behind, a wife Lleana Pettit Barreto and their teenage daughters, Paula, age 15, and Gabriella, age 12.
On August 6, 2008, the Miami Herald reported: “Police are frantically hunting for his killer, who is described as six feet tall and in his 50s with a full head of slicked-back, gray hair and ''saggy'' cheeks, wearing a short-sleeved, plaid green shirt. He was also described as possibly being Hispanic with a dark complexion. The gunman drove off in a green or gray Chrysler 300”
Pettit was a special agent with the High Intensity Drug Trafficking Task Force. Police were tipped off by a call that led them to a shopping plaza just blocks from the scene.
http://www.wthr.com/Global/story.asp?S=8802936&nav=menu188_2
Regarding agent Pettit working for the High Intensity Drug Trafficking Task Force (HIDTF), a multi-agency of federal, state and local law enforcement agencies, the author contacted the Director of the Miami HIDTA Assistance Center and asked if he knew of any CBP top manager officials attending agent Pettit’s funeral proceedings, his response was a very short one: “Agent Pettit worked for CBP (the director wrote CBT) not my office, contact them for public comment.” The Director was right, all of the agents assigned to an HIDTA unit work for different agencies, but still the Director is in charge of the center, and he or she gets paid directly with HIDTF’s funds. It is possible also that the CBP’s OIA is located in the same building where the HIDTF is located since there are several suits (offices) collocated in the same building.
This author is listing several mainstream media reports which sometimes gave contractions versions and sequence of events. One thing is clear tough, the 65-year old man who shot and killed agent Pettit is very white, yet in some media reports, he is described as being brown skinned and possibly Hispanic. Regardless, the police got their man, who was not Hispanic but a U.S. born citizen and White Caucasian on August 6, 2008, thanks to the outstanding investigative police work conducted by several federal, state and local law enforcement agencies, but led by a local police department, rather than the FBI.
It is noteworthy to mention that the resources supplied by CBP including the authorization to utilize two CBP’s Blackhawk helicopters and a number of U.S. Border Patrol and CBP agents while the suspect shooter was in the run is commendable.
In the author’s law enforcement experience, every time a federal law enforcement officer is wounded or killed, federal agencies have the option to let the FBI conduct the investigation. However, for the most part, when a federal law enforcement officer is wounded or killed, and the assailant is also killed or wounded, agencies decide and prefer that the local police department where the incident took place conduct the investigation. One of the reason (s) is that local police department have more experienced homicide investigators.
Even an ATF press officer had something to say about agent Pettit: Donald Pettit, 52, was with his daughter when he was shot, said Carlos Baixauli, a spokesman for the Bureau of Alcohol, Tobacco, Firearms and Explosives. http://www.thonline.com/article.cfm?id=211365
Comparing Other Deaths of CBP Agents
The following is a recent news release authorized for posting in the CBP’s official website involving the death of a U.S. Border Patrol agent who had been on the job for approximately one year. It is the author’s opinion that the U.S. Border Patrol still remains a very close, tight and cohesive organization known to normally take care of their employees regardless who their parent agency is. However, like any other government large organization, the Border Patrol is not perfect.
Commissioner Message: Death in the Line of Duty
(03/31/2008) Chief David V. Aguilar and I are deeply saddened to inform you of the death of Border Patrol Agent Jarod Dittman of the Brown Field Border Patrol Station on March 30, 2008. Agent Dittman was working the midnight shift when he was involved in a single car rollover accident at approximately 1:00 a.m., while he was en route to his assigned area from the Brown Field Station. Another agent found Agent Dittman after he had been ejected from his service vehicle. - http://www.cbp.gov/xp/cgov/newsroom/commissioner/messages/dittman_passing.xml
Note: Agent Dittman entered on duty with the U.S. Border Patrol on March 5, 2007, as a member of the 660th Session of the Border Patrol Academy.
Moose just ran port, Sector ... please advise ... – U.S. Customs Today – July 2001
Not all the calls are so benign. Sometimes, when the console at Sector starts flashing, it means radio traffic is exploding. What you hear next can start your heart pumping. "Sector, sector, sector - we have shots being fired, repeat, we have shots fired!" On April 17, 1997, when an elderly man at the port of Calexico shot and wounded two Customs inspectors there, it was Sector that sent the information speeding across the wires to Internal Affairs, to local and state authorities, to medical personnel, and to the friends and families of the wounded men. "Personnel responsible for answering calls from the other regions didn't have a lot going on that day," recalls a supervisor. "They got real quiet when they overheard the shouting and our responses on the telephones and radios. Then they all pitched in. Everyone helped." - http://www.cbp.gov/xp/CustomsToday/2001/July/custoday_moose.xml
One reporter identified agent Pettit as a Border Patrol agent: “An ominous sky blanketed the burial as loved ones said a tearful goodbye to U.S. Border Patrol Agent Donald Pettit.” – This is ostensible due to the numerous U.S. Border Patrol agents seen in uniform present during almost all of the videotaped media conferences.
After condolences from Governor Charlie Crist and comfort knowing the man accused of premeditated murder, James Patrick Wonder, is behind bars, Pettit's wife looks forward.
References
When cops are gunned down, it's different – Miami Herald – August 10, 2008
http://www.miamiherald.com/news/top-stories/story/635734.html
Funeral Services of CBP special Agent Donald Pettit
http://video.syndication.msn.com/v/Legacy.aspx?mk=en-ap&g=ce73ea11-c82a-4ab6-9915-d3c965bf1a5d&f=FLMIH&fg=rss&partner=en-ap
Gallery of Pictures – Miami Herald
http://www.miamiherald.com/photogalleries/gallery/634700.html?number=0
News Feeds Researcher - http://newsfeedresearcher.com/data/articles_n32/idn2008.08.08.16.14.29.html
Fleeing may go against suspect - Legal experts say the man charged with killing a federal agent might have had a better defense if he had not left the scene. – Miami Herald - http://www.miamiherald.com/467/story/634834.html
Family, law enforcement say farewell to slain federal agent - Family, law enforcement officers say farewell to slain agent By Brian Haas | South Florida Sun-Sentinel - August 9, 2008
http://www.sun-sentinel.com/sfl-flbagent0809pnaug09,0,5115158.story
Murdered agent buried in suburban Lake Worth – wptv.com – 08-08-2008
http://www.wptv.com/news/local/story.aspx?content_id=104e68d7-d723-4e4d-be83-c437fb56251f
Governor Crist Praises Life Of Slain Officer – CBS4.com – 08-08-2008 - http://cbs4.com/local/killer.post.office.2.790648.html -
http://cbs4.com/bigstory
Youtube.com (AP) 08-08-2008
http://www.google.com/news?ned=us&topic=n
http://www.mahalo.com/Donald_Pettit - 08-08-2008
FOR IMMEDIATE RELEASE Friday, August 8, 1997 - WOUNDED CUSTOMS INSPECTORS HONORED WITH VALOR AWARDS - http://www.cbp.gov/hot-new/pressrel/1997/0808-00.htm
Arrest Report of James Patrick Wonder (pdf)
http://www.sun-sentinel.com/media/acrobat/2008-08/41493174.pdf
http://www.cbp.gov/xp/cgov/newsroom/highlights/mission_app/mac_headquarters.xml
Federal Agent Dies After Shooting Outside Pembroke Pines Post Office - POSTED: 9:15 am EDT August 5, 2008 - http://www.local10.com/news/17097598/detail.html
Office of Internal Affairs - Assistant Commissioner, James F. Tomsheck
http://www.cbp.gov/xp/cgov/about/organization/assist_comm_off/internal_affairs.xml
In Memoriam to Those Who Died in the Line of Duty - (07/09/2008)
http://www.cbp.gov/xp/cgov/about/history/in_memoriam/in_memoriam_names.xml
CBP Office of Internal Affairs - Assistant Commissioner, James F. Tomsheck
Office of Internal Affairs (IA), headed by an Assistant Commissioner, has oversight authority for all aspects of CBP operations, personnel and facilities. IA is responsible for ensuring compliance with all CBP wide programs and policies relating to corruption, misconduct, or mismanagement and for executing the internal security, integrity, and management inspections program. Through the national headquarters in Washington, D.C., and strategically located regional field offices, IA investigates criminal and serious administrative misconduct by CBP employees. IA also screens potential CBP employees for suitability; educates employees concerning ethical standards and integrity responsibilities; evaluates physical security threats to CBP employees, facilities, and sensitive information; and inspects CBP operations and processes for managerial effectiveness and improvements.
http://www.cbp.gov/xp/cgov/about/organization/assist_comm_off/
Additional Reading:
WHAT GOES AROUND COMES AROUND By Attorney Austin Price and Peter Ferrara
and Peter Ferrara, Authors of “BorderGate, the story the government doesn’t want you to read.”
On January 17, 2007, the New York Times reported that U.S. Attorney Carol C. Lam, the top federal prosecutor in San Diego, CA, was removed from her job. The Justice Department said Tuesday that, “Ms. Lam’s dismissal had nothing to do with the prosecution of Mr. Randy (Duke) Cunningham, but was based on her overall record in prosecuting firearms violations and crimes along the California border with Mexico.”
At the very same time that U. S. Attorney Lam was responsible for the Cunningham case, she was also responsible for the landmark case Fitzgerald – Nunn Vs. Department of Homeland Security. A year before this civil trial began, Lam’s Assistant U.S. Attorney (AUSA) Timothy Stetler had been made aware of the ostensible corruption that U.S. Customs Special Agents Darlene Fitzgerald and Sandy Nunn had uncovered and attempted to expose. Darlene’s investigation uncovered tons of narcotics and contraband being facilitated into the U.S. via railroad tanker cars with the apparent approval of Customs managers. AUSA Timothy Stetler listened to the testimony of Superior Court Judge Yvette Palazuelos in her pre-trial deposition. She corroborated Darlene’s suspicions when she stated that the managers at Customs were “torpedoing our rail operation” and criminal cases. She further stated, “At the very least these managers were committing Obstruction of Justice.” AUSA Stetler told Gastone Bebi, attorney for Fitzgerald and Nunn, that he was concerned that it was in fact corruption and that he felt he had a duty to report it. He should have reported this to his boss, U.S. Attorney Lam.
There was no investigation into the well-documented, well-witnessed allegations of Sandy and Darlene. At the trial, Superior Court Judge Yvette Palazuelos took the stand and made history that day by being the first sitting Judge ever to testify against the U.S. Government. A complete transcript of her historic testimony may be read at www.BorderGate.net. The essential fact of her testimony was that she witnessed high-level Customs managers shut down Operation Rite Rail. In that operation Darlene had already seized 8000 pounds of marijuana and 34 kilos of uncut cocaine in just one pressurized railroad tanker car. She had secondaried (placed on hold pending inspection) five more of these cars. These five cars importing from Mexico were improperly manifested as empty yet contained 25 to 40 tons of unknown contraband. They had been sent from the same front company in Mexico where the previous seized- tanker car was from. Darlene had high-level information from a reliable informant as to the contents of these five cars – yet Darlene was ordered off the case and told to shut down her operation.
At the trial, Assistant Special Agent in Charge (ASAIC) Gary Pinkava took the stand for Customs (See Federal Transcript of Pinkava’s testimony at www.BorderGate.net). During the course of his testimony, he admitted that he would not allow Darlene and her Supervisor Robert Mattivi pressure test, at no charge to the government, these highly suspect tanker cars. This would have been the largest seizure on record for any agency (25 to 40 tons) and it was under the command and control of ASAIC Pinkava. Subsequently, as testified to by numerous witnesses (see other testimony at the BorderGate web site); these tanker cars were released into the commerce of the U.S. uninspected by anyone.
As shocking as this testimony was, there was also evidence of witness tampering during the course of the trial. The Honorable Roger T. Benitez, United States District Judge, while presiding over this case, responded to the efforts by U.S. Customs Attorneys who threatened U.S. Customs employees with the loss of their jobs if they dared to answer subpoenas and testify against Customs managers. Judge Benitez stated, “Boy, there’s something about this that doesn’t pass the smell test!” (see www.BorderGate.net). All these crimes remain uninvestigated.
What Darlene and Sandy exposed at this trial is the horrendous National Security Terrorist Threat that these tanker cars pose to our nation. Timothy McVey blew up the Federal Murrah Building in Oklahoma City with about one ton of ammonium nitrate in an unsealed-cargo truck. This cowardly attack killed scores of people and resulted in at least fifteen damaged buildings being torn down. A terrorist can put forty times this amount of ammonium nitrate in a railroad tanker car and pressurize it. This would result in the world’s largest pipe bomb. This is almost too frightful to image, yet America has enemies who relish such a possibility. Darlene has repeatedly said that the national security threat she has exposed is apolitical because exploding tanker cars do not just kill Republicans, Democrats or Independents, they kill everyone. This too was made known to the San Diego U.S. Attorney’s Office, which was headed by U.S. Attorney Lam.
During the course of this trial sufficient evidence to warrant a Grand Jury investigation into the following was absolutely exposed: Facilitation of the Importation of 25 to 40 tons of contraband into the U.S., Witness Tampering, Perjury, Misprision of Felony, and possible Subornation of Perjury. This evidence was sufficient to warrant the initiation of a Grand Jury Investigation – yet there was none. The most shocking federal transcripts of this testimony can be found at www.BorderGate.net. U. S. Attorney Lam knew, or should have known, about this ostensible corruption committed by the Customs managers before the trial, and later exposed at the trial. Yet to date, nothing has been done to investigate any of this.
What is even more telling in this case is the fact that Senator Dianne Feinstein has publicly defended U.S. Attorney Lam. This is most interesting when you consider that well before this case (Fitzgerald – Nunn Vs. Department of Homeland Security) was ever filed in federal court, 24 Customs employees signed a letter begging Senator Feinstein to investigate their allegations of corruption. Two weeks after Senator Feinstein’s Office received this letter (sent certified mail & fax) Senator Feinstein was seen by several of these Customs employees out on one of the U.S. Customs Yacht “rubbing elbows” with one of the very managers the brave 24 wanted Feinstein to investigate. It was later learned by a reporter who covered this story, that Senator Feinstein’s husband may have had a financial interest in the very companies over whose rails this contraband was rolling. Senator Feinstein initiated no investigation into the 24 Customs employees’ allegations. Customs turned up the retaliation heat on the agents involved in this rail project. Details of this horrendous retaliation are chronicled in the book “BorderGate.”
It is important to note that there have been no other rail tanker car seizures since Darlene’s seizure in 1998. Have the drug smugglers and terrorists simply quit trying to enter the U.S. or have they simply been operating freely under the unwatchful and accommodating eyes of U.S. Attorney Lam and Senator Feinstein.
The real victims here are Darlene, Sandy, and all other brave Whistleblowers who have come forward with important information that exposes threats to our National Security. There is no real protection for Federal Whistleblowers. There seems to be a pattern at the U.S. Attorneys Office and the Department of Homeland Security of acting against employees for doing their job instead of prosecuting corruption. Another clear example of this is the two Border Patrol Agents who now face prison because they defended themselves in a firefight against a known drug smuggler. Again, it was a U.S. Attorney’s Office who appeared to take the side of the drug smuggler and went after the Border Patrol Agents. Yet there has been no investigation into the motivation of the AUSA prosecuting this case against the Border Patrol Agents. This raises the question – Who is overseeing those who are responsible for prosecutorial oversight?
U.S. Attorney Lam at worst condoned and at best ignored the retaliation by U.S. Customs managers against Whistleblowers Fitzgerald and Nunn. Ironically, now she complains when she is the object of “possible” retaliation for her role in exposing the Cunningham scandal. What goes around comes around.
By: Attorney Austin Price
Attorney for Darlene Fitzgerald
and Peter Ferrara, Authors of “BorderGate, the story the government doesn’t want you to read.”
http://tpmmuckraker.talkingpointsmemo.com/archives/002329.php
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