Lessons in bungling
(Original publication: December 8, 2007)

The strange tale of Jose Broudwiack has properly enraged many in northern Westchester and beyond. The Peru native was in the U.S. illegally, convicted as a sex offender in California, served his time, then easily, breezily and with apparent impunity traversed the U.S. immigration, law enforcement and justice systems for at least eight additional years, most recently in Westchester and Rockland. A fugitive from justice, he is presumably on the run again - in no small part due to some homegrown bumbling.

Anti-illegal immigration critics - check the articles and forums at LoHud.com - have pointed to the Broudwiack drama as more evidence of our broken immigration system. It is that, to be sure; Broudwiack is an illegal immigrant whom everyone - from the anti-illegal immigrant forces to the illegal immigrant sympathizers - agrees should have been long gone from the U.S. But the real story of Broudwiack is about communication and how the inept variety continues to plague our key institutions.

It happens that the Westchester District Attorney's Office is coordinating the creation of a "crime analysis intelligence center,'' using technology to link local, regional and even national law enforcement offices into a crime data bank. Specifically, District Attorney Janet DiFiore told the budget committee of the county Board of Legislators late last month, the work will include "identifying those offenders who commit crimes across many jurisdictions.''

The Broudwiack case certainly helps make the case that the data center is needed. In fact, a District Attorney's Office spokesman said yesterday, the "intel center'' will have links to multiple federal agencies. Fully up and running, "it certainly could have done nothing but help,'' Lucian Chalfen told the Editorial Board.

A twisted trail

In The Sunday Journal News a week ago, staff writer Shawn Cohen pieced together the story of Broudwiack, 48, who also goes by Jose Broudwiack-Lartiga:

1999: Broudwiack pleaded guilty to committing lewd sex acts against a child in Los Angeles County, served a brief stint in jail and then was ordered to register as a sex offender.

2000: He failed to show up for a court appearance related to the sex crime. In March, the Los Angeles Sheriff's Department obtained a felony arrest warrant for him.

From this point on, while it is known that Broudwiack also was ordered deported, no one in law enforcement can say when, or if, he left the country. In any event, he somehow wound up in New York.

2002: State police from the Tarrytown barracks pulled Broudwiack's vehicle over in South Nyack, then had his license - if he actually had a legal one - revoked in 2003 because he failed to answer related summonses. At that time, he identified himself as Jose Lartiga, born in 1960 and living in Sleepy Hollow. Apparently, no connection was made with Broudwiack's criminal history or immigration status - another missed opportunity.

2005: State police from Brewster ticketed him for speeding and unlicensed operation on Interstate 684 in Kent. When Broudwiack did not show up in court to answer the summonses, driving privileges were revoked again. Police from those agencies recently told Cohen that they don't know if troopers at the time checked a state computer system, which may have revealed the California warrant. It was another big crack Broudwiack was able to slip through.

September 2007: Port Chester police stopped Broudwiack for driving with a faulty brake light. Voila: This time, his criminal history surfaced; Officer Walter Alcivar ran a computer check and learned about Broudwiack's revoked driving privileges. He also found out about the California warrant, which revealed the sex-crime conviction. Alcivar said he called police in California to check on the case and was told that they would not come to New York to get Broudwiack.

The Port Chester officer followed up with some more research, confirming that Broudwiack had never registered as a sex offender in New York, as the law requires. Alcivar said he called the Westchester District Attorney's Office. Assistant District Attorney Fred Green had Alcivar hand the failure-to-register case over to state police in Somers; it has jurisdiction in North Salem, where Broudwiack was living at the time. Meanwhile, Port Chester charged Broudwiack with aggravated unlicensed operation, a misdemeanor. He was arrested and subsequently posted $200 bail. But again he walked. It took six weeks for state police to track down Broudwiack.

Oct. 31: State police arrested him at his home in the Purdys section of the town. The same day, State Police Investigator Cornelius Merritt told the District Attorney's Office of plans to charge Broudwiack with failure to register as a sex offender in New York - and about a renewed federal effort to begin deportation proceedings against Broudwiack. Cohen reported that Merritt said he gave that information to North Salem Town Justice John J. Johnston Jr., who was adjudicating the case.

At Broudwiack's arraignment on the failure-to-register charge, the town justice accepted a bail recommendation of $10,000 that had been made by Greg Babakian, the assistant district attorney for northern Westchester. According to Chalfen, the district attorney spokesman, "At the time we were called regarding the bail application, we were not aware that there was any kind of a warrant.'' Broudwiack walked - again.

Nov. 26: Broudwiack failed to appear at his next North Salem court appearance. Town Justice Ralph Mackin revoked his bail and issued another arrest warrant. Where is he now? That's anyone's guess - the shame of many.

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