Updated: Case Dismissed Against Four Illegal Aliens, Two Previously Deported, Charged With Rape of Framingham, MA Woman, Beating Her Boyfriend

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. 

[From article]
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.

[. . .]

However, before the hearing started, the woman and her boyfriend were assigned lawyers to determine if their testimony might prompt any problems with their Fifth Amendment rights against self-incrimination Gentile said both lawyers said the pair would have Fifth Amendment issues. Even after explaining to them that the case could not proceed without their testimony, both said they would invoke their constitutional rights and would not testify, 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.”
http://www.wickedlocal.com/article/20160324/NEWS/160327351

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
* * *

From article]
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.

http://www.bostonherald.com/news/columnists/howie_carr/2016/03/carr_undocumented_are_running_amok_with_no_recourse

Carr: ‘Undocumented’ are running amok with no recourse
Howie Carr

Saturday, March 19, 2016
Boston Herald

* * *

[From article]
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.

http://www.bostonherald.com/news/local_coverage/2016/03/illegals_held_in_vicious_framingham_rape

Illegals held in vicious Framingham rape
Cops: Boyfriend fought off Guatemalan attackers to rescue pinned-down girlfriend
O’Ryan Johnson, Joe Dwinell

Saturday, March 19, 2016

Harvard University Medical School Teaching Hospital Fires Respected Tenured Urologist For Speaking About Unhealthy Behavior

Dr. Paul Church

Here's a legal remedy. In Massachusetts where the hospital is, state law, MGL Chapter 265, Section 37, the civil rights statute, makes it a felony to intimidate a person in the free exercise of a constitutionally protected right. It applies to public officials and private individuals. The US Congress is considering a new law to protect speech in online comments about goods and services by customers. Currently some vendors punish, actually impose fines under their conditions of service for people who disparage the goods or services. There is a good discussion of this issue broadcast on C-Span at this link. JANUARY 15, 2016 Consumer Freedom of Expression Online. This proposed law may apply to Dr. Church too.  Panelists talked about gag clauses that prevent consumers from posting negative reviews of businesses. US Rep. Darrell Issa (R-CA) appears after the panel as a audience member. It is about an hour long. 

http://www.c-span.org/video/?403256-1/discussion-consumer-reviews

[From article]
A well-loved and respected doctor with a background in sexual-risk behaviors has been expelled from one of the United States’ most prestigious and top-ranked medical centers after he raised evidence-based health risk concerns over the center’s decision to endorse and celebrate the homosexual lifestyle.



Urologist Dr. Paul Church, a 65-year-old grandfather of 6, was expelled from Beth Israel Deaconess Medical Center (BIDMC) in Boston, Massachusetts, in March on the grounds that he had violated BIDMC’s “established standards of professional conduct” by using the center’s electronic information system “to communicate your unsolicited views about homosexuality that were offensive to BIDMC staff.”
“The MEC [Medical Executive Committee] has recommended imposition of disciplinary action, in the form of revocation of your appointment to the Medical Staff,” the March 30 letter of expulsion singed by BIDMC President and Chief Executive Officer Dr. Kevin Tab stated.
Church called the medical center “so indoctrinated with a worldview” supportive of the LGBTQ agenda that it sees this movement as “beyond reproach,” even to the extent of viewing someone as a bigot and culpable of misconduct charges for raising legitimate criticism about the center’s promotion of this movement and its activities.
[. . .]


Dr. Paul Church with a young girl who he operated on while on a medical mission trip in Mexico.
Courtesy of Dr. Paul Church
Dr. Church, a member of the Harvard Medical School faculty, has worked as a urologist at the center for nearly 30 years, conducting research on prostate and bladder cancer. He has also offered his medical talents to the poor on numerous occasions during volunteer missions to Mexico and Africa.
It was 11 years ago that Church began to experience censorship and suppression from BIDMC officials, reported Mass Resistance. At this time, Church and other like-minded colleagues repeatedly raised concern with officials over the center’s decision to not only endorse the homosexual lifestyle by hosting an annual “Lesbian, Gay, Bisexual and Transgender Achievement Award ceremony,” but to involve staff in LGBTQ events including participation in Boston’s annual “Gay Pride Week.”
[. . .]
“The evidence is irrefutable that behaviors common within the homosexual community are unhealthy and high risk for a host of serious medical consequences, including STD's, HIV and AIDS, anal cancer, hepatitis, parasitic intestinal infections, and psychiatric disorders,” Church submitted to officials via the center’s communication system after receiving an LGBT-related communication.
[. . .]
Church called it “all together inappropriate” for BIDMC to “endorse, affirm, or encourage the behaviors ‘celebrated’ by Gay Pride Week.”
“This action again jeopardizes the credibility of BIDMC as a healthcare institution and dishonors a large proportion of its community who continue to hold to the conviction that homosexuality is unnatural and immoral,” he wrote.
When Church realized his submissions were being systemically ignored by officials, he would occasionally post them on the center’s internal electronic messaging board.
[. . .]
In 2007, when Church once again responded to the center’s invitation to attend an LGBTQ-themed event, instead of addressing his concerns, the center’s president at the time, Paul Levy, posted excerpts of the complaint — with no names attached — on his own personal blog.
[. . .]
Levy felt compelled to point out in a response to one comment that Church’s “personal beliefs are not transmitted to patients and do not affect his treatment of patients who come to see him. I felt I should respect his statement, and, indeed, we have received no complaints that would indicate otherwise.”
[. . .]
Church found himself being investigated by the head of his department, Chief of Surgery Dr. Eliot Chaikof, on “harassment” charges on account of his offer to appear in the center’s LGBTQ promo video. Church was told he had “crossed a line” and was either facing suspension or having his staff privileges entirely revoked. He was given the option to voluntarily resign.
[. . .]
“This investigation is also not about whether you agree with my worldview or convictions. What it is about is a fundamental freedom of expression of dissenting ideologies and even more than that, it is about an illogical, inappropriate policy decision on the part of the medical institution that flies in the face of our greater mission of promoting healthy behaviors and lifestyles.”
[. . .]
But instead of siding with Church’s evidence-based concerns, the committee reprimanded him for violating the center’s policy against “harassment and discrimination in the workplace” and for sending what it called “inappropriate content” through the center’s internal electronic messaging board.
“Your opposition to diversity training and to BIDMC’s support for the annual Gay Pride Week events has been expressed in offensive terms and, at times, in a discourteous manner,” the committee stated in its November 2011 letter to Church.
[. . .]
The committee attempted to muzzle Church, warning him that if he did not immediately cease communicating in the workplace his “opinion about sexual orientation, homosexuality or other protected status” his staff privileges would be revoked.
In April 2012, Church requested that BIDMC’s communications department not send him further notices regarding LGBTQ activities. His request was ignored. Between 2013-14 Church continued to receive an ever-increasing number of emails and notices affirmative of the LGBTQ lifestyle.
To one such communication received in 2013 he responded: “Celebrating sexual perversions is highly inappropriate, especially in the context of a medical center that should be aware of the negative health consequences of high risk behaviors. It also ignores and dishonors the religious convictions and moral objections that many members of the hospital community share who are opposed to these behaviors.”
[. . .]
“The data comes from credible sources like the Centers for Disease Control and Prevention (CDC) and shows that [skyrocketing rates of sexually transmitted diseases] is primarily a result of men who have sex with men and those who engage in anal intercourse. The latest statistics that CDC has is that men who have sex with men account for two-thirds of new infection of HIV and that they are the only group where syphilis is on the increase.”
“The point is that [homosexual practices and behaviors] are not harmless. There are considerable negative medical consequences [when engaging in these practices],” he said.
[. . .]
“When a hospital tells somebody that you can’t tell the truth about serious health issues because it might hurt somebody’s feelings or that it’s not politically correct, that’s terribly frightening.”
“Health driven by ideology puts people at risk because we’re no longer talking about what is truly healthy, we’re talking about pushing a position that could be totally contrary to good health practices,” he said.

https://www.lifesitenews.com/news/leading-boston-hospital-fires-doctor-for-raising-concerns-about-health-risk

Thu Jun 25, 2015 - 12:17 pm EST
Leading U.S. hospital fires doctor for raising concerns about health risks of gay sex
Pete Baklinski

https://youtu.be/LbUSAML_U7E

Illinois Teacher Fired For Stomping on US Flag In Class

[From article]
The teacher this time is Jordan Parmenter. Until the other day, he had been an employee of the school district in Martinsville, Ill., a tiny rural town (pop. 1,167).
On Thursday, the Martinsville school board voted 6-0 to sack Parmenter, reports the Journal Gazette & Times-Courier, a local newspaper.
The dismissal became effective immediately.
[. . .]
The school board had previously placed Parmenter on administrative leave after he stomped on a U.S. flag in class during a May 15 incident at the Martinsville Junior-Senior High School.
Students say he was using the American flag as a pointer. When a student suggested that this use of Old Glory could be viewed as disrespectful, Parmenter got really mad, students said. He dropped the flag on the floor and intentionally stepped right on it.

http://dailycaller.com/2015/06/30/illinois-teacher-sacked-for-stomping-on-american-flag-in-front-of-class/

Illinois Teacher Sacked For STOMPING ON AMERICAN FLAG In Front Of Class
ERIC OWENS, Education Editor

Daily Caller

US Court: Columbia University Did Not Discriminate Against Male Student

Did not see the original complaint or read the decision. Did the Plaintiff's lawyer allege violations of the equal protection clause, as applied to Title IX standards created by university administrators to adjudicate claims of sexual offenses? They usually do discriminate against men at college campuses. 

[From article]
A federal judge on Tuesday threw out a lawsuit by a Columbia University student who alleged the institution has an “anti-male” bias and was pressured by campus women’s groups into suspending him after a female student he had a fling with claimed it wasn’t consensual.
Manhattan Judge Jesse Furman sided with Columbia University officials, saying the suit filed last year by the unnamed student failed to provide proof the plaintiff was discriminated against and suspended because he’s a man.

http://nypost.com/2015/04/22/judge-tosses-students-anti-male-suit-against-columbia/

Judge tosses student’s ‘anti-male’ suit against Columbia
By Rich Calder
New York Post
April 22, 2015 | 1:51am

Duke University Basketball Coach Suspends Player for Sexual Assault Allegations. First Dismissal in 35 Years

Rasheed Sulaimon was the first player Duke coach Mike Krzyzewski kicked off his team in 35 years.

Photo: AP
[From article]
The Duke Chronicle reported junior guard Rasheed Sulaimon, who became Mike Krzyzewski’s first dismissal in 35 years as coach when Sulaimon was booted from the Blue Devils in late January, twice has been accused of sexual assault — and the basketball program’s honchos knew about it since March 2014.
The report says two female students separately alleged — in front of groups of other students at campus retreats — that they were sexually assaulted by Sulaimon, a 20-year-old Houston native. Neither woman pursued a complaint with the Office of Student Conduct, according to the student newspaper. Because of confidentiality rules, it is unknown whether the university initiated its own probe if administrators became aware of an alleged sexual assault, as legally obligated by Title IX.

http://nypost.com/2015/03/02/coach-k-waited-10-months-to-boot-player-accused-of-2-sex-assaults-report/

Coach K waited 10 months to boot player accused of 2 sex assaults: report
By Jonathan Lehman
New York Post
March 2, 2015 | 9:55am

MA Gov. Fires Sex Offender Board Leadership For Abuses of Power

[From article]
“The rotting fish here is not that it’s the governor’s brother-in-law, it’s that the sex offender registry process is rigged,” said Swomley. “If they can tell the hearing officer how to rule, it’s rigged and everybody knows it’s rigged. I do think it’s overdue that these people were removed.”

http://bostonherald.com/news_opinion/local_coverage/2014/09/board_overhaul_spurred_by_suit_involving_gov_deval_patrick_s

Board overhaul spurred by suit involving Gov. Deval Patrick’s brother-in-law
Monday, September 22, 2014
By: Matt Stout, Erin Smith
Boston Herald

Hillary Clinton Fired For Obstruction During Watergate Probe

[From article]
Clinton’s boss, Jerry Zeifman, the general counsel and chief of staff to the Watergate Committee, claims he fired her because she was working to impede the investigation and undermine Nixon’s defense.
“Hillary’s lies and unethical behavior goes back farther — and goes much deeper — than anyone realizes,” Zeifman told Fox News in 2008. When asked why he fired Clinton, Zeifman responded, “Because she is a liar.”
[. . .]
The book, from Skyhorse Publishing, also contains anecdotes about: How Nixon put the moves on Jackie Kennedy one night. How at least four of the Watergate burglars were on the ground in Dallas when JFK was killed. And why there is no Deep Throat.

http://pagesix.com/2014/06/27/clinton-was-fired-for-obstructing-nixon-probe-book/?_ga=1.242541058.1842008205.1370697823

Clinton was fired for obstructing Nixon probe: book
By Richard Johnson
June 27, 2014 | 6:44pm

New York Post

Pictures of Beaten Wife Released After Rape Charge Dismissed Against Wealthy Husband

Millionaire: Silicon Valley tycoon Clyde Berg, 74, accused of sexually abusing his third wife, attends a preliminary hearing at the Santa Clara County Hall of Justice in San Jose Tuesday.


http://www.dailymail.co.uk/news/article-2402935/Lawyer-releases-pics-tycoon-Clyde-Bergs-injured-wife-judge-throws-case.html

Outraged lawyer releases shocking photos of woman who claimed she was raped by tycoon husband with golf putter and chained to bed' after judge throws out case
Ellena Berg, 37, is photographed with bloodied face in pictures released by attorney
Photos surface after judge dismissed all charges against her husband, Clyde Berg, who she accused of sexual assault
Earlier this week Mrs Berg refused to answer several questions in court relating to the alleged incident
Daily Mail (UK)
By RACHEL QUIGLEY, SNEJANA FARBEROV and JENNIFER SMITH
PUBLISHED: 08:53 EST, 27 August 2013 | UPDATED: 10:56 EST, 27 August 2013

Lawsuit Against Palin Dismissed

http://www.dailymail.co.uk/news/article-2218173/Victory-Sarah-Palin-neighbors-lawsuit-claiming-humiliation-thrown-out.html

Victory for Sarah Palin as neighbor's lawsuit against her claiming 'humiliation' is thrown out
By DAILY MAIL REPORTER
UPDATED: 15:37 EST, 15 October 2012

DSK Unusual Dismissal by Prosecutor Motion

[From article]
"Prosecutors are poised to file what's called a Dismissal On Recommendation motion, which will say the indictment against the frisky Frenchman cannot be proven beyond a reasonable doubt because of credibility problems with the sole witness in the case, Strauss-Kahn's hotel-maid accuser.
[. . .]
Prosecution sources said the motion, also called a Recommendation for Dismissal, will be lengthy, thorough and carefully crafted.
[. . .]
Judges always grant such motions immediately, experts said,
[. . .]
"When it's the DA asking for dismissal, it's never denied," said veteran defense lawyer Michael Shapiro, who got a motion to dismiss in Manhattan last year
[. . .]
"I suppose a judge technically could deny it," Shapiro said. "But then no one would show up to prosecute the case on the next court date."
Shapiro -- who has been a defense lawyer for 38 years, [. . .] called prosecutor motions to dismiss "as rare as hen's teeth."

http://www.nypost.com/p/news/local/manhattan/source_to_drop_dsk_rap_31ojnTxU9N4v6ykxpntQOL

Manhattan DA's office will ask judge to dismiss all DSK charges: source
By LAURA ITALIANO
New York Post
Last Updated: 10:42 PM, August 21, 2011
Posted: 12:46 AM, August 21, 2011

CORI Reform?

[From article]
"Under the proposed law, when a defendant is found not guilty, or the case is continued without a finding, the charge will not show up on an employer’s criminal background check. The reform measure also gives offenders a chance to seal their criminal records with five years of good behavior for a misdemeanor, and 10 years after a felony. Law enforcement would have access to an unedited criminal record, and a sex offender’s records cannot be sealed."

http://bostonherald.com/news/regional/view.bg?articleid=1271518

Criminal records reform hailed by law enforcement
By O’Ryan Johnson
Boston Herald
Sunday, August 1, 2010