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Day laborers say cops intimidated


BY JIM FITZGERALD
THE ASSOCIATED PRESS

Immigrant day laborers suing a Westchester village over alleged harassment testified yesterday that intimidation by police has often prevented them from getting work on the streets.

Four of the plaintiffs - introduced as John Does No. 1, 4, 7 and 8 - testified at the federal courthouse in White Plains, where the workers are seeking an injunction against harassment, selective law enforcement and discrimination.

John Doe No. 4, a 34-year-old Guatemalan who has spent six years in Mamaroneck, testified that village police Officer Matthew DiRuzza, in particular, "stares at us from behind dark sunglasses, with one hand on his gun" to force laborers from the sidewalk where they solicit work from contractors each morning.

John Doe No. 8, born in El Salvador, said DiRuzza "screams at us, saying that he doesn't want to see us anymore."

All the men described seeing police using checkpoints or other means to dissuade contractors from stopping to pick up laborers. And all told how police have forced them to keep moving along the sidewalks, even when they are not blocking anyone. Several said they had never seen the police do the same to non-Hispanics.

Mamaroneck Police Chief Edward Flynn, a defendant who was in the courtroom, refused to comment.

The plaintiffs' direct testimony, like that of most witnesses, was presented in written statements, and cross-examination is with a Spanish translator available. Judge Colleen McMahon said the procedure would speed up the nonjury trial.

On cross-examination, lawyers for the village brought out that the men had never been ticketed for seeking work, had earned money at their work and were still using Mamaroneck's streets to look for work.

The men were not asked their names or their immigration status. The plaintiffs have said they fear retaliation from police if they give their names.

In addition, their lawyers have dropped all First Amendment claims because McMahon said the workers would have to reveal whether they are legal or illegal immigrants to pursue that action.

Originally published on September 13, 2006