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President Bush sued for allowing illegal aliens to be here

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  • #2


    • #3
      Sadowski's suit also stated that all three are actually "protecting the illegal alien" by allowing them to remain unhindered and able to freely walk the streets of America. The New York resident's civil action included presidential violations related to the Racketeer Influenced and Corrupt Organizations Act (RICO), constructive fraud, violations of regulatory fairness laws, deprivation of rights, conspiracy to interfere with civil rights, and obstruction of justice.

      That his lawsuit has progressed this far, having faced a motion by U.S. Attorney Roscoe C. Howard to dismiss the suit -- plus two additional supplemental defendant memorandums [highly unusual] in support of the original dismissal motion, is a clear indication that Judge Leon is taking quite seriously Bush's lack of enforcement of laws against illegal aliens.

      In a phone interview yesterday, Sadowski told us "The mere fact that the President's attorneys keep filing supplemental memorandums prior to Judge Leon's ruling suggests that they are worried he will take action to force the President and the Attorney General to uphold laws already on the books against illegal aliens."

      Judge Leon's biography lists his extensive experience regarding probes involving the executive branch of government. He served as counsel to congressional committees in the investigations of three sitting Presidents and as Special Counsel to the U.S. House Ethics Reform Task Force.

      Judge Leon was appointed to the United States District Court in February 2002. He received his A.B. from Holy Cross College in 1971, his J.D. cum laude from Suffolk Law School in 1974, and his LL.M. from Harvard Law School in 1981. Prior to being appointed to the bench, Judge Leon was engaged in private practice in Washington, D.C. from 1989 to 2002. Judge Leon served at the U.S. Department of Justice in a number of positions, including Deputy Assistant Attorney General in the Environment Division, Senior Trial Attorney in the Criminal Section of the Tax Division, and Special Assistant U.S. Attorney in the Southern District of New York. He served as counsel to congressional committees in the investigations of three sitting Presidents and as Special Counsel to the U.S. House Ethics Reform Task Force. He also served as a Commissioner on the White House Fellows Commission and the Judicial Review Commission on Foreign Asset Control. A former full-time law professor at St. John's Law School, Judge Leon is currently an adjunct law professor at both Georgetown and Catholic University.

      Our call to Judge Leon's chambers last week indicated that Sadowski's complaint, cross-filings, and other motions in our possession are valid documents -- linked within this story. "I can verify that the civil action Mr. Sadowski filed against the President, Attorney General Ashcroft, and Secretary Thompson is currently being considered by Judge Leon," said his secretary, Norma, adding that "the filed complaint number is 02-1766 (RJL)."


      Sadowski's claim referred to a veritable litany of charges that are increasingly enraging citizens around the country -- especially residents of border and coastal states -- who realize that Bush is not taking seriously their grievances about the lack of sealed borders.

      The New Yorker's complaint recognizes multiple problems attendant to border-crossing lawbreakers freely roaming the country, stealing good-paying jobs and promotions from legal citizens, and draining taxpayer coffers for services like hospitalization, ambulances, schools, housing, food stamps, police, fire protection, etc. -- not to mention fly-in pregnant illegals visiting relatives, with resulting babies becoming automatic citizens to advance the immigration fraud into the next generation.

      And much to the distress of Democrats, House Minority Leader Nancy Pelosi was recently caught up in a whirlwind of reports about conflicts of interest and widespread public dissent over her short-lived policy favoring use of Mexico's Matriculas Consulares ID cards [link to Pelosi story] allowing illegal aliens to enter the federal building in San Francisco so that Pelosi's congressional office could assist them in further facilitating their ability to remain in the United States -- albeit illegally.

      Interestingly, citizen protest was so strong that the Government Services Administration (GSA) ultimately suspended use of the Matricula Consular card for illegal aliens, subject to investigation -- but only for entry into the San Francisco Federal building where Pelosi's offices are located.

      But Mexican Consular officials would not give up. The Napa Valley News reported just days ago that the town of Calistoga, CA became the first city near Pelosi's two multi-million dollar Napa County grape vineyards to allow illegal aliens to use the Mexican Consular card for identification for use to obtain local services -- thus bypassing the GSA.

      Georgina Lagos, Mexico's Consul General, made a special trip to the Calistoga meeting, promising to send her "mobile Mexican consulate program" staff members to Calistoga regularly to better assist in providing identification [to illegals] when they seek government services paid for by legal, taxpaying American citizens.

      Sadowski has also charged that "illegal aliens do not pay taxes for schools, books, supplies, free breakfasts, lunches, and food stamps, do not pay into workers compensation and are employed with no working papers, while receiving medical treatment without paying for it, forcing premiums to increase" -- all of which, he asserts, is unconstitutional and against the law.


      Secretary of Health and Human Services Tommy Thompson was charged with failure to provide for criminal background safeguards, but also health and medical checks for known illegal aliens that the President and other government officials have encouraged to violate federal laws.

      Moreover, the suit accused the three defendants of allowing motor vehicle laws to be violated, since known illegal aliens are permitted to drive cars and trucks over state and federal highways but fail to pay taxes, causing legal citizens to pay the difference.

      That illegals are permitted by the administration to obtain drivers licenses in what amounts to fraud and outright violation of United States law, is clearly exhibited in that the Mexican government under President Vicente Fox is using its American-based consular offices to exploit Bush's lack of immigration law enforcement by issuing Mexican consular identification cards to "undocumented immigrants," for the purpose of obtaining U.S. drivers licenses and bank accounts.

      While Bush's attorneys at the Ashcroft Justice Department declare that illegals crossing the border into the country does not constitute an "invasion" of a military type associated with armed troop movement, Sadowski goes into great detail as to what invasion really means when referring to illegal aliens.

      He asserts that Article 1, Section 8, paragraph 15 of the U.S. Constitution clearly defines that the government is empowered to "provide for calling for the military to execute the law of the Union, suppress insurrections, and repeal invasion."

      This, while noting that legal dictionaries also define invasions as "an encroachment upon the rights of another; intrusion; not sanctioned by official rules; to infringe and affect injuriously and progressively; and to enter unlawfully upon the land of another."

      In his complaint, Sadowski mentioned that he lost two family members in the September attacks on the World Trade Center. His legal complaint against Bush emphasized that "citizens protected this country [by forcing illegal alien terrorists to crash Flight 93 into the ground rather that the Capitol Building or White House] when you, the Commander- in-Chief were to have the Air Forces armed and ready for any type of invasion..."

      Charging Bush with "violating the rights of the citizens, by giving aid and comfort to illegal aliens," Sadowski added, not mincing his words, that "anyone who steals from the state is an enemy of the state. Anyone who steals from the federal government is an enemy of the Country. Therefore, you are giving aid and comfort to the enemy. This is called Treason."


      Curiously, U.S. Attorney Roscoe Howard and his associate attorneys, Mark E. Nagle and Oliver W. McDaniel, attempt in their Memorandum of Points and Authorities in Support of Defendant's Motion To Dismiss, that "this suit must be dismissed for lack of jurisdiction, since it presents a ˜non-justiciable' political question, and otherwise fails to state a claim upon which relief should be granted."


      • #4
        Please be sure to SEND A LETTER [by snail mail] to Judge Leon to support Joe Sadowski's lawsuit against the President. (see the documents at:

        It must be sent no later than Friday, next week... or FedEx them if the time gets short. urge every one you know and others to send a letter to the judge as well!

        The judge will make his decision in two weeks from today which is why it is urgent to send this letter off before the end of this week for it to arrive in DC in time.

        The following sample is provided only as a guide. Your letter must be in your own words. Basically the letter must be a simple letter showing fear for your life, if it is true, for each of you:

        Sample Letter:

        To: Judge Richard J. Leon
        U.S. Dist courts for the Dist. Of Columbia
        333 Constitution Avenue N.W.
        Washington, D.C. 20001

        January 22, 2003

        Your Honor,

        I believe our president, George Bush since 9/11 has taken only minimum steps to protect the American people. More and more people are realizing that the USA is no more secure today than it was before 9/11. This is, in part, due to the millions if illegal aliens now living in the USA after crossing our borders some of whom are from hostile Arabic countries.

        In addition nothing substantive or urgent is being done to control who is issued visas to live, study or work in the USA. And there is no urgent effort by this administration to control visa overstayers like the terrorists from the middle east who murdered over 3,000 people in New York City on 9/11.

        You Honor, we have an invasion taking place on our Southern border from Mexico and many other countries. This is an urgent problem.

        The illegal entrants are still taking advantage of our poorly guarded borders 16 months after 9/11 and immigration is out of control from Third World Countries which is causing problems ALL ACROSS AMERICA. Our country and its culture is being destroyed from within while our 'pandering president' pretends plays at homeland security for political reasons -- pretending.

        He and his staff have also put citizens at risk by pushing for entitlements and stealth amnesties for all illegal aliens by supporting and extending 245i programs encouraging more illegal aliens felons who have invaded the USA to stay.

        While addressing the Hispanic Chamber of Commerce in Albuquerque last August 11, months after 9/11, President George W. Bush declared: "Mexico is a friend of America. Mexico is our neighbor. And we want our neighbors to succeed. We want our neighbors to do well.... And that's why it's so important for us to tear down barriers and walls that might separate Mexico from the United States."

        But the question I have to President Bush and his administration, which is entrusted with defending our homeland, why are you so eager to assist a hostile foreign power that is undermining our borders; and what kind of a neighbor is it that will break-in our back door, invade our home uninvited, and demand to be fed at one's table?

        Who wants or needs neighbors like that?

        I would not and could not support any president, nor fight for, who operates in a self-serving fashion as Bush and his self-serving administration are presently doing because they are only giving lip-service to homeland security.

        If you doubt that Your Honor, go to Arizona or to any one of our southern border states, and talk to citizens living there who are having to arm themselves because their President (who took an oath when taking office to do so) and government will not protect them, their families, and their property.

        I have served my country to protect its borders only to have this president throw open the US borders to any or all who can now violate them at a time of grave national crisisÅ  a president who will risk the lives of my family and my community for his own and his administrations own self-serving personal ambitions.

        Considering the oath of office they took to uphold and protect the citizens of this country and the Constitution of the USAÅ  I believe there's a term for that type of behavior by public officials, Your Honor.

        If the USA is a nation governed by the 'rule of law,' then we need our laws enforced and that means putting a stop to illegal immigration now. This is an urgent matter.

        This is why I am supporting Mr. Joseph A.F. Sadowski's lawsuit (1:02CV01766) against Mr. George Bush and some members of his administration for not doing the job they took an oath to do which places at risk everyone within the borders of the USA.

        And, I hope you will also.

        Your name
        Your signature
        Your Address
        Your Phone no.:


        Joe Sadowski will need a copy of each letter sent to his e-mail address mailto:Sadowski7@juno.comor

        30 Murray Rd.
        Hicksville, New York 11801

        He needs to be able to confirm all names and writing from each.

        Do not cc the Court and let them know that you are sending Mr. Sadowski a copyÅ  this will be a surprise for later.

        Lets get all the letters that we can to wake up this Court and The United States government.


        • #5
          In simple terms what does this suit mean?


          • #6
            Thanks for all the information. Unfortunately, I'm for Mexican Illegals becoming legal. I now have the information to write to the Judge in favor of President Bush and standing behind what our President is doing for this country. I don't believe that anyone should be undermining what our President is doing while he's in office. He is the one who was voted by the people, for the people. Thanks for the email and address.


            • #7
              If you wish to commit treason by defending what the President is doing ,that is your right. As a Republican who voted for Mr. Bush I support this action with a heavy heart. But as a resident of Southern Ca. who can spend a day traveling around MY TOWN and never hear a word of English, I have come to believe dire action is needed. I have voted Republican in every election for 30 years. I am active in campaigns locally and have worked for Senator Pete Knight in his office here. I have MANY friends who feel as I do. President Bush CANNOT get reelected without people such as myself.Californians of my party are activley helping in AZ. and Nevada, as Ca. is too full of illegals already who vote in our elections already.We are working in CA. to pass a bill making it mandatory to show valid ID before voting. I could not believe that was not already the case. I would think it would be hard for Democrats to come out in favor of voter fraud, so this bill will get passed. Then we will see a change in Ca. voting. I think this groundswell will be a suprise to Bush as most loyal Republicans have been giving him a chance to fix this. But as he has told Iraq, we are now telling him. Your time is up.


              • #8
                You just go boy, write away, blow him away with your obverses knowledge of our laws and constitution ,The president has no power to change our constitution with out our consent and vote, do you know what amendment he is violating ?He has a sworn duty to uphold these, so you go boy, make it a real Barn Burner, because he will only consider legal matters and letters pertaining to the suit itself, he unlike you, does not operate on emotion only facts of law. and to add to above post, as to his time is up, DON'T UNDER ESTIMATE OUR RESOLVE, EITHER YOU WITH US OR YOUR AGAINST US.


                • #9
                  To ACELAW ::

                  What a stupid remark. Against you of course, moron !!!!


                  • #10
                    Guest 2
                    Those are our Presdient remarks made repeatedly on TV on war on terror, sorry you missed the point of them.
                    When you write your letter Guest, you might included these to the judge, tell him we do not deserve to be protected as our laws mandate. These deaths ,there is lots more then these, are just the price American citizens will have to pay for people that circumvent our immigration background checks. After all the rights of illegal aliens for sure outweigh the protection of American citizens. When you done with the judge, wriute the folks who lost loved ones here and tell them your sorry BUT???

                    Mexico Butts Into U.S. Justice
                    Criminals are finding a haven to the south.
                    By Bob Baker
                    Bob Baker is president of the Los Angeles Police Protective League, which represents more than 9,000 Los Angeles Police Department officers.

                    February 11 2003

                    Imagine a country that willingly harbors criminals -- rapists, robbers and murderers -- and demands that the nation where these crimes occurred change its criminal punishment laws as a precondition of returning the accused.

                    We're talking about Mexico. In the last year, Mexico has become a fugitive paradise where people accused of heinous crimes in the United States can get what amounts to amnesty from American justice.

                    The problem began with a Mexican Supreme Court ruling handed down in 2001. The decision forbade Mexico to extradite any person, whether or not a Mexican citizen, if that person faced a sentence of either life imprisonment or death, saying it would violate the Mexican constitution and was "cruel and unusual punishment." In California, where murderers can be sentenced to life in prison -- or death -- the Mexican court's ruling makes extradition impossible.

                    In short, Mexico has decided the U.S. cannot prosecute even U.S. citizens if Mexico does not like the punishment that would be imposed.

                    Since Oct. 2, 2001, Mexico has repeatedly refused to return suspects to the U.S. for prosecution. There are reportedly more than 60 alleged killers from Los Angeles County alone that officials believe have fled to Mexico to escape punishment; as of last year, the Justice Department had about 800 open extradition cases for fugitives in Mexico. One of those murder suspects is Armando Garcia, a Mexican national who was illegally in California when he allegedly shot to death Los Angeles County Sheriff's Deputy David March during a traffic stop in 2002. Garcia has never been caught but is known to be in Mexico.

                    And, in a decision released last week by the World Court, the U.S. has been ordered to stay the executions of three Mexican citizens on death row. (Texas has said it would ignore the order.) Mexico filed suit against the U.S. in January, asking the court to stay the execution of all 51 Mexicans on death rows. But the World Court found that the U.S. must stay the sentences in only the three most urgent cases, while the court investigates whether the defendants were given their right to legal help from the Mexican government.

                    The U.S. government is correct in viewing the ruling as an unwarranted intrusion on the criminal justice system in the United States and an infringement on U.S. sovereignty. In the case of the death penalty, for instance, the people of California, through their elected representatives, decided it is a legitimate penalty. If these criminals want to commit their crimes in our jurisdiction, then they have to face the penalty we deem appropriate.

                    Along with other law enforcement organizations, such as the Assn. for Los Angeles Deputy Sheriffs and the National Assn. of Attorneys General, as well as Los Angeles County Dist. Atty. Steve Cooley, the Los Angeles Police Protective League has pleaded with the federal government and U.S. legislators to negotiate with Mexico to stop this outrageous flouting of our justice system. Our pleas have fallen on deaf ears in Washington.

                    By failing to aggressively intervene, the U.S. federal government is essentially blessing a system under which criminals can get away with murder if they can get across the Mexican border. Mexico takes the position that unless American states rewrite their laws to conform to Mexican standards, Mexico will continue to provide a haven for fleeing criminals.

                    Action must be taken now. Imagine the furor here if the alleged Washington snipers, Lee Boyd Malvo and John Allen Muhammad, had fled to Mexico after being identified. Mexico could have refused to return them until Maryland, Virginia and Alabama changed their laws. Does anyone believe the attorney general or the secretary of State would have taken a pass on that problem?

                    It is even more unconscionable that when a crime is committed against an American peace officer, government policy allows the criminal to escape facing the bar of justice. One option is to seek out prosecution of these criminals in Mexico. The Mexican Federal Penal Code, under Article IV, allows for the domestic prosecution of Mexican nationals who commit crimes in a foreign country and then flee back to Mexico.

                    Unfortunately, even if the Mexican government cooperated with American authorities and agreed to prosecute such people as Armando Garcia, whatever punishment is administered there must stand -- whether it is a small fine or a short prison term. Article IV prosecutions preclude a person from later being tried for the same crime north of the border.

                    The U.S. government cannot sit by silently and continue to allow alleged murderers and others to flee our criminal justice system with impunity. Shut down this criminal black hole and force these coldblooded criminals to face the music.
                    If you want other stories on this topic, search the Archives at For information about reprinting this article, go to

                    Flowers for Sister Helen

                    By PETER MARTINI
                    Email this story to a friend
                    A bouquet of flowers rests on the fence along the A Canal bike path where Sister Helen Chaska, 53, was attacked and killed Sunday.

                    DA to seek death penalty
                    Klamath County District Attorney Ed Caleb said he will seek the death penalty against the man suspected of murdering a nun Sunday along the A Canal bike path in Klamath Falls.

                    Maximiliano Cilerio Esparza, 32, was scheduled for arraignment at 1:30 today on multiple charges including murder, aggravated murder and kidnapping.

                    He was arrested in connection with the rape and beating death early Sunday of Sister Helen Chaska, 53, of Bellevue, Wash. She was in Klamath Falls doing missionary work.

                    Sister Linda Schoenhoefn, 52, who was traveling with Chaska, was also raped and beaten. She returned to her motel room and reported the incident to authorities at 2:22 a.m. Sunday.

                    "We feel the death penalty is the only fair justice in this case," Caleb said. "A nun was brutally murdered."

                    An autopsy determined Chaska was strangled to death, and was sexually assaulted.

                    Authorities said the attack on the nuns may have lasted 30 minute
                    A couple places flowers at the site along the A Canal bike path where Sister Helen Chaska was killed Sunday.


                    Esparza, who is in the United States illegally, apparently came to Klamath Falls aboard a freight train from Portland. The district attorney's office said Esparza may have been working in town, fixing bleachers at high schools.

                    Chaska and Schoenhoefn were of Orthodox Catholic faith, and unaffiliated with the Roman Catholic Church.

                    The Rev. Frank Buckman, priest at St. Pius X Catholic Church in Klamath Falls, said it is a little unusual for nuns to be conducting a walking prayer at 2 a.m.

                    "It seems a little bizarre to me," Buckman said. "Another thing is that most Catholic nuns no longer wear habits, but they were."

                    Buckman added, however, that people frequently pray or take walks late at night for any number of reasons.

                    The Roman Catholic Church has come out against the death penalty, but it is unknown whether Helen Chaska supported it. But, some in her family are pleased with Caleb's decision.

                    "If they can legally go after this guy with the death penalty, then I believe they should," Helen Chaska's brother, James Chaska, Bismark, N.D., said.

                    The last time Caleb sought the death penalty was in 1992, when Oregon State Police trooper Bret Clodfelter was murdered by Francisco Manzo-Hernandez.

                    In that case, Manzo-Hernandez was convicted, but the jury handed down a sentence of life in prison without parole.

                    "I had the feeling back then that it was such a heinous crime that he deserved the death penalty," Caleb said. "I have that same feeling now.

                    "We didn't go after the death penalty in some of the more recent homicides because the perpetrators were young. But, we don't have that problem here."

                    Helen Chaska was the oldest of 10 children and grew up in Beach, N.D., near the Montana border. James Chaska said that he had not spoken much to Helen Chaska since she left 20 years ago for Seattle to become a nun.

                    "We kind of lost touch with her when she decided to leave and become a nun," James Chaska said.

                    December 28, 2002, Saturday
                    METROPOLITAN DESK

                    Squalid Site of Queens Rape Unnoticed by Public Nearby

                    By MICHAEL WILSON (NYT) 1644 words
                    It was late Sunday afternoon when Police Commissioner Raymond W. Kelly, hands buried in the pockets of his topcoat, walked to the end of the deserted train platform, because he had to see this thing for himself.
                    He stepped carefully down the stairs to the Long Island Rail Road tracks in Queens, threading between two third rails, which carry live electricity. His polished wingtips met wet earth. He said he had not told the local station house that he was coming out to Flushing because he did not want a big scene.

                    ''Stay right behind me,'' he told the detective with him. They entered the dry, dead little thicket beyond the rails, and disappeared from sight.

                    There it is, on a map. There it is, in pictures. And yet, it is bureaucratic dead space. Two agencies could not agree on whether a team once visited the site. Perhaps the only people who knew the truth about the little thicket were the men who lived there.

                    On Dec. 19, the police say, a group of young homeless men surrounded a couple sitting on a bench on the walkway above, dragging the 42-year-old mother away, down two sets of stairs, between the lethal third rails, and into their dark hideout in the middle of a sporadically crowded hub of Queens. The hideout sits beside Flushing Meadows-Corona Park, adjacent to a subway and busyard, alongside a crowded commuter line, its small trees and cattails within sight of anyone walking to a Mets game at Shea Stadium or to the National Tennis Center.

                    The woman told the police that she was dragged into a ''shack'' and raped repeatedly on a mattress. Officers turned out in force, combing the area for two hours, passing by this invisible place in plain sight. It took a police dog to find her.

                    ''If this hadn't happened,'' the police commissioner said, emerging from his tour,, ''they'd be living there, unnoticed.''

                    Unnoticed: the crime scene appears to have served as home base for a gang of low-level thugs cruising the Corona community, their last two years mapped by a stack of misdemeanor complaints. At least one complaint listed the suspect's address as ''homeless.''

                    Unnoticed: two of the suspects had been cited for trespassing in the area of the subway yard. There is no mention on the complaints of any camp, any living area. The most recent was June 26. A few hundred yards away, the Mets lost to the Braves that night, before 30,974 people.

                    The Metropolitan Transportation Authority said its records showed that agents entered the area three times since August, with homeless outreach groups, to offer assistance. The people there declined. They were ''loitering,'' not living there, said Tom Kelly, an authority spokesman. ''They were talked to, tried to be helped,'' he said. The identities of the people the transit agents talked to were not available this week, and it is unclear whether any of them are suspects in the rape.

                    Two agencies that supposedly sent officials to visit the site together on Oct. 3, the transit authority and the Salvation Army, do not even agree that the visit took place. Mr. Kelly said they offered assistance together, while the Salvation Army said it had no record of the camp.

                    ''Our outreach teams are positive they were not in that area,'' said Bob Mascali, a spokesman for the city's Department of Homeless Services, which contracts with the Salvation Army to handle outreach efforts in Queens.

                    Adding to the confusion was initial uncertainty about whether the small parcel, until the rape considered insignificant, belonged to the Long Island Rail Road or the Metropolitan Transportation Authority.

                    Without benefit of access to the area, blocked off by the police, reporters immediately labeled it a ''shantytown,'' a word evoking railroad nomads, Woody Guthrie songs, a community making the best of tough times. It is too good a word -- too romantic, too nostalgic -- for what lies at the end of the path into the dry thicket.

                    There were two lived-in areas, the larger a piece of plywood leaning on a pole and draped with a deli awning. A filthy mattress. Matted, strewn clothing: a pair of jeans, a jacket, a bra. Beer bottles, Black Velvet hair dye. Eyedrops, nail polish, a can of deodorant in the mud. A Bible lay near a pornographic magazine. The second spot was little more than a mattress and a refrigerator box.

                    Five men have been charged in the attack: Carlos Rodriguez, 22, Victor Cruz, 22, Jose Hernandez, 18, Luis Carmona, 20, and Armando Juvenal, 20.

                    More is known about the suspects' lives outside the camp.

                    Mr. Rodriguez was described by the police as the ringleader in the Dec. 19 attack. Two years ago, he was arrested in an assault on a woman in Corona, accused of grabbing her wrists and ******* her along the sidewalk to a 98th Street residence, where he pushed her into the basement and locked them both in a bedroom, according to a complaint filed in Queens Criminal Court. She tried to escape, but he grabbed her and pulled her back down the stairs, the complaint states.

                    There is no mention of a sexual assault, and Mr. Rodriguez pleaded guilty to attempted third-degree assault and was given a conditional discharge, an order to behave or go to jail; the woman was given a protective order.

                    A month later, he and Mr. Juvenal, another suspect in the recent rape, were arrested on a charge of threatening another woman with a steak knife. Mr. Juvenal told her, ''I'm going to do something to you if you don't bring your brother to talk to us,'' according to the complaint. They pleaded guilty to misdemeanor menacing and harassment charges.

                    Mr. Rodriguez again pleaded guilty this year to a July 9 assault on a man, and was sentenced to 90 days in jail.

                    Mr. Juvenal's record also describes minor violence. He was part of a group of about 20 who, on March 11, 2001, chased two men around Roosevelt Avenue and into a restaurant, ordering them to ''give us everything you've got,'' according to the complaint. He pleaded guilty to disorderly conduct. The year before, he was charged with felony robbery in the mugging of a man for a watch. He pleaded guilty to attempted robbery and was sentenced to probation.

                    Mr. Hernandez and Mr. Carmona have, between them, been arrested on charges of possessing stolen property, possessing marijuana, fare-beating and disorderly conduct. The police have said all the men are illegal immigrants; Mr. Juvenal is Ecuadorean, while the others are from Mexico. Immigration authorities are not routinely notified when an illegal immigrant is arrested, the police said.

                    The police are investigating at least two members of the group for possible gang ties to the Knights of Destruction, thought to be a subgang of a larger Latino group, and relatively unknown in New York City. Mr. Rodriguez bears a ''K.O.D.'' tattoo, and Mr. Juvenal has admitted membership. A plywood square painted with the letters sits beside one of the mattresses at the camp.

                    The men are due in court Jan. 13. Most of them have not yet been assigned lawyers. Only Mr. Hernandez's lawyer spoke out this week. ''It would be a mistake to rush to judgment before all of the facts have been thoroughly investigated,'' said Frances Gibbons, his Legal Aid lawyer. ''Not all of those arrested may be equally culpable.''

                    Given the low-level nature of many of the past offenses, the ferocity of the attack, as described by the police, is stunning. Investigators said the men argued over who would get to rape the woman first. They threatened to kill her because she could identify them, according to the criminal complaint, and she told them about her children as she pleaded for her life.

                    Half-naked, cut and bruised, she bolted from the lean-to when she heard the police dog's approach, the police said. The dog attacked two of the men.

                    The day after the arrests, police officers and Parks and Recreation Department workers knocked down the camp but left its contents at the scene, and cleared another, similar one on the south side of the tracks.

                    The attack particularly shocked park workers. Three female employees looked down at the site last weekend, and the ''Beware of dog'' signs lining the fence around the idle trainyard. ''It should say, 'Beware of the homeless,' '' one woman said. They turned and returned to their job: patrolling the large park for homeless people. Two other workers in a truck paused to lock up the restrooms before dark, two hours before the time posted on the sign.

                    Mr. Kelly, emerging from the area, said it reminded him of camps he saw while working with the federal Customs Service on the California border.

                    ''I haven't seen it in the city, no,'' he said.

                    December 28, 2002, Saturday
                    METROPOLITAN DESK


                    • #11
                      ace, cut it short bud if you want us to read you


                      • #12


                        GO VENT SOMEWHERE ELSE.........


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