Posted March 23, 2016 8:26 PM ET: Last updated March 24, 2016 9:30 PM ET
They got better legal representation and treatment from prosecutors than I did.
After the victim of an alleged gang rape and her boyfriend said they would not testify, a Framingham District Court judge at the prosecutor's urging dismissed rape and kidnapping charges against four men.
Without the testimony of the woman and her boyfriend, prosecutor Joseph Gentile said he could not go forward with the case against Ariel Diaz, 24, Adan Diaz, 32, and Elmer Diaz, 19, as well as Marlon Josue Jarquin-Felipe, 27.
“The commonwealth has insufficient evidence upon which to proceed ... (and) moves to dismiss all charges," Gentile said.
After the dismissal, Adan Diaz’s lawyer, John Daly Jr., said the case appeared to have problems.
“The prosecution saw a problem with the witnesses’ stories, and brought it to our attention, as is their duty and we all agreed there was a problem with the evidence,” said Daly. “There may be a reason that the version of events by the alleged victims was not true or problems with it.”
[. . .]
Although all charges related to alleged attack were dismissed, the men will not be released. Daly said the four men - Guatemalan nationals - are being held by the federal Immigration and Customs Enforcement for being in the country illegally.
“They all have immigration issues,” said Daly. “What’s going to happen, I’m not sure. They’ll be held and ICE will decide what to do with them.”
Charges dropped for four Framingham men accused in sex assault
By Norman Miller
Daily News Staff
Posted Mar. 24, 2016 at 3:40 pmUpdated at 8:11 PM
* * *
So now we find out the four “Framingham men” charged with grabbing an American woman off the street and then raping her in front of her boyfriend last weekend are in fact illegal aliens from Guatemala.
At least two of these young fellas, as Deval Patrick used to call them, have been deported at least once, but then sneaked back into the country. And did I mention that Immigration and Customs Enforcement (ICE) confirms that the four have multiple OUI arrests among them?
Try not to let this destroy your faith in the open borders, unlimited handouts and endless coddling of illegal aliens that Obama and his ilk are promoting to affect the “fundamental transformation” of the U.S. into a flophouse for the dregs of the Third World.
The dreamers are only here to do the crimes, I mean jobs, that Americans won’t do. They’re living “in the shadows.” Their felonies are “acts of love.”
This latest atrocity by the “undocumented” almost slipped through the cracks. But we got a tip, and I want to thank the person who gave me the heads-up, as well as the ICE agents who made sure that detainers were placed on all four of these valedictorians, as Jeb Bush so charmingly called them.
[. . .]
But, of course, Americans aren’t supposed to even notice that our society is coming apart at the seams. To raise the subject gets you branded as xenophobic … nativist. You want the immigration laws enforced? You must be a racist.
Carr: ‘Undocumented’ are running amok with no recourse
* * *
Federal immigration officials are requesting detainers on four illegal aliens accused of a heinous attack on a Framingham couple in which the woman was raped and her boyfriend was beaten and threatened with death, the Herald has learned.
Two of the illegals had previously been deported to Guatemala, said Immigration and Customs Enforcement spokesman Shawn Neudauer.
Elmer Diaz, 19, is charged with rape, assault with a dangerous weapon, kidnapping and threatening to commit a crime. His brother, Ariel Diaz, 24, was charged with unarmed robbery, assault and battery with a dangerous weapon, indecent assault and battery, kidnapping and witness intimidation.
He was deported to Guatemala in May 2014 after convictions for drunken driving and disorderly conduct, said Neudauer.
Another brother, Adan Diaz, 32, and Marlon Josue Jarquin-Felipe, 27, are both charged with indecent assault and battery and kidnapping. All four suspects are from Guatemala. Jarquin-Felipe was deported back to his homeland in April 2014, according to Neudauer.
Neudauer told the Herald yesterday the agency is “closely monitoring the cases and has placed detainers on all four” illegal immigrants. He added that Ariel Diaz was also arrested this winter on a drunken driving charge. ICE was not notified of that case, he added.
In the Framingham case, the victim’s boyfriend was beaten while his girlfriend was held down on a bed and raped Sunday evening, authorities say.
The still-shaken boyfriend told the Herald yesterday that he and his girlfriend have not yet come to terms with the horrific assault.
“I thought we were going to die. I really did. And I didn’t care if I died as long as I could save her and get her out of there, that’s all I cared about,” said the boyfriend, whose name the Herald is withholding.
“I’ve lived (in Framingham) my whole life and I never imagined anything like this could happen just walking down the street,” he said. “The worst part was I felt like I couldn’t do anything.”
According to authorities, he and his girlfriend were out walking and enjoying an unseasonably warm evening when they were approached by a man carrying beer, police said. The man appeared friendly and offered them a drink, then three more men emerged, police said.
One produced a condom and indicated he wanted the man’s girlfriend. One grabbed his girlfriend by the hood of her sweatshirt, dragging her away, while the biggest of the group kept her boyfriend back, police said.
“They brought her into the building on the corner into the apartment,” police said. “They pulled a dresser or table across the door of the room so she could not leave … (They) were trying to climb on her while the others were groping her.”
Her boyfriend managed to force his way into the apartment and was calling 911 when two of the men broke away to handle him, police said.
Police said Ariel Diaz head-butted the man several times and then grabbed a large chef’s knife and tried slashing him, but Jarquin-Felipe pushed the knife-wielder back, stopping him from stabbing the man.
Illegals held in vicious Framingham rape
Cops: Boyfriend fought off Guatemalan attackers to rescue pinned-down girlfriend
O’Ryan Johnson, Joe Dwinell