Thursday, May 31, 2007

The Advocate:

Statement From United States Attorney Michael J. Garcia Vindicates The Guardian’s Position On Perez Investigation

Two weeks ago The Guardian, in an editorial entitled FBI Must Step Into Perez Case, declared, “In fact, because it is strongly suspected that the injuries sustained by Perez which led to his death only hours later, might very well have been inflicted by police officers acting under Color of Law; and, given the civil rights implications of such suspicions, it is imperative that the FBI get involved and conduct the investigation as early as possible.”

Beginning around May fourteenth, and for several days thereafter, there had been a number of statements from the Westchester County District Attorney’s Office indicating that office had called upon United States Attorney Michael J. Garcia, and the FBI to aid in the investigation into the death by homicide of Rene Perez, a homeless, undocumented, Latino found near death, on the side of the road in Bedford, less than one hour after contact with officers from the Mount Kisco Police Department, late in the evening of April 28. Those statements obviously created some confusion in the media given the obvious civil rights implications attached to the widely held suspicion that Mr. Perez might have been the victim of police brutality, or at the very least, criminal negligence
at the hands of police.

On May 18th, responding to numerous media inquiries, the Office of the United States Attorney for the Southern District of New York released the following statement:

United States Attorney
Southern District of New York

FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY’S OFFICE
MAY 18, 2007 HERBERT HADAD, YUSILL SCRIBNER,
REBEKAH CARMICHAEL
PUBLIC INFORMATION OFFICE
(914) 993-1900, (212) 637-2600

STATEMENT BY UNITED STATES ATTORNEY MICHAEL J. GARCIA REGARDING THE FEDERAL INVESTIGATION INTO THE DEATH OF RENE PEREZ

"We have received media inquiries seeking to clarify the extent of the federal role in the on-going investigation
being conducted by state and local authorities into the death of Rene Perez.

"On May 8, 2007, the FBI opened a civil rights investigation into this matter. Thereafter, the Westchester
County District Attorney asked the United States Attorney's Office and the FBI to join the state investigation.

"At the present time, state and federal authorities are not conducting a joint investigation. State authorities will
continue their homicide investigation. Federal authorities will continue to actively monitor the progress of the state
investigation and to offer assistance as requested. Federal authorities will be reviewing the evidence, including evidence amassed in the state investigation, to determine whether a violation of federal civil rights laws has occurred.

"During the pendency of the state and local investigation, the FBI will remain available to receive information from the public regarding this matter. Anyone with information regarding the circumstances leading to the death of
Rene Perez may contact the FBI at (212) 384-5000. Spanish speaking agents will be available to receive such calls," stated MICHAEL J. GARCIA, United States Attorney for the Southern District of New York.
United States Attorney - Southern District of New York

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