U.S. Department of Justice Marcos Daniel
Jiménez |
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99
N.E. 4th Street Miami, FL 33132 (305) 961-9001 |
PRESS RELEASE |
FOR IMMEDIATE RELEASE |
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April 20, 2004 | Matthew Dates, Special Counsel for Public Affairs, (305) 961-9285 |
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THREE INDICTED FOR OBSTRUCTION OF JUSTICE
Marcos D. Jiménez,
United States Attorney for the Southern District of Florida, and Jonathan
I. Solomon, Special Agent in Charge, Federal Bureau of Investigation (FBI),
announced today that an indictment was returned charging Alexander Anazco,
Asbert Anazco, and Armando Rodriguez with conspiracy to obstruct justice,
in violation of Title 18, United States Code, Section 371. These charges stem
from the defendants ongoing activities to thwart and impede the federal
civil rights prosecution United States v. Jesus Aguero, 02-21074-CR-King/Altonaga
by providing false information to federal prosecutors and law enforcement
officers.
In addition to the conspiracy charge, the Indictment charges the defendants
with various substantive offenses. The defendants Alexander Anazco and Asbert
Anazco, Alexander Anazcos father, are charged with obstruction of justice,
in violation of Title 18, United States Code, Section 1503. Alexander Anazco
and Armando Rodriguez are charged with making false statements, in violation
of Title18, United States Code, Section 1001. Armando Rodriguez is further
charged with perjury for his false testimony at the civil rights trial, in
violation of Title18, United States Code, Section 1623(a). Finally, Asbert
Anazco is charged with witness tampering, in violation of Title 18, United
States Code, Section 1512(b).
If convicted, the defendants could be sentenced to a maximum of five 5 years imprisonment and a fine of $250,000 for the conspiracy charge (Count 1); 10 years imprisonment and a fine of $250,000 for obstruction of justice (Counts 2 and 3); 5 years imprisonment and a fine of $250,000 for making false statements (Counts 4 and 5); 5 years imprisonment and a fine of $250,000 for perjury (Count 6); and 10 years imprisonment and a fine of $250,000 for witness tampering (Count 7).
The Indictment resulted
from an investigation conducted by the FBI concerning the perjured testimony
of Armando Rodriguez in the civil rights trial of United States v. Jesus Aguero,
02-20174-CR-King/Altonga. The civil rights case involved the alleged beating
of Alexander Anazco by City of Miami Police during the course of an arrest
on February 26, 1997. Alexander Anazco was arrested in 1997 for allegedly
throwing a rock at a police officer on February 24, 1997.
On January 16, 2004, during the course of the trial, Armando Rodriguez, a
car mechanic at Mitos Brake Shop, falsely testified under oath that
Alexander Anazcos car had been at the shop overnight from February 24,
1997 to February 25, 1997, thereby giving Alexander Anazco an alibi during
the supposed rock-throwing incident. Armando Rodriguez further testified that
he did not have a personal relationship with Alexander Anazco, but only knew
him as a client of the car repair shop. In truth, and as Armando Rodriguez
admitted during cross examination, he and Alexander Anazco had been personal
friends for several years. In addition, Armando Rodriguez later acknowledged
that Alexander Anazcos car had not been in the shop overnight on February
24, 1997.
Further investigation
revealed that the false alibi was conceived in March 1997 when Asbert Anazco
asked Armando Rodriguez to falsely report to law enforcement that Alexander
Anazcos car had been at Mitos Brake Shop overnight on February
24, 1997 to February 25, 1997. Asbert Anazco also directed Armando Rodriguez
to state that he did not know Alexander Anazco. Armando Rodriguez consented
and made statements to law enforcement officers, including agents of the FBI
and prosecutors at the U.S. Attorneys Office, creating the false alibi
for Alexander Anazcos car. Likewise, Alexander Anazco provided the same
false alibi to federal agents and prosecutors.
Mr. Jiménez commended the investigative efforts of the Federal Bureau
of Investigation. The case is being prosecuted by Assistant United States
Attorney Joan M. Silverstein.
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