Thread: Ex-Homeland Security officer fights for job

http://www.buffalonews.com/editorial/20 ... 020518.asp

Sunday, July 30, 2006


Ex-Homeland Security officer fights for job


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Acquitted in beating, an unemployed Rhodes sues government for $25 million

By DAN HERBECK
News Staff Reporter
7/29/2006

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Sharon Cantillon/Buffalo News
Robert S. Rhodes III plans to sue for false arrest and wrongful dismissal from his job.

Last summer, a federal court jury acquitted former Homeland Security Officer Robert S. Rhodes III of beating up a female tourist from China.
But his government has not exonerated Rhodes.

The former Rainbow Bridge inspector recently filed a $25 million claim against the Homeland Security Department, informing the government of his plans to sue for false arrest and wrongful dismissal from his job.

Rhodes, 45, of North Tonawanda, said he is unemployed and has been turned down in repeated attempts to return to his position. He said he had to sell his house and withdraw money from his retirement fund to pay his legal bills from last year's criminal trial.

"He's so poor that he now qualifies for food stamps and other public assistance," said Rhodes' attorney, Steven M. Cohen. "The man is an American hero, and the government treats him like dirt."

Two years ago, a confrontation at the bridge between Rhodes and Chinese tourist Zhao Yan, 38, became an international incident, touching off discussions between top Chinese officials and then-Secretary of State Colin L. Powell.

Zhao claimed she was pepper-sprayed and beaten in an unprovoked attack by Rhodes and other bridge inspectors. Rhodes claimed he was trying to bring Zhao under control while attempting to determine if she was involved in a drug-smuggling incident.

Rhodes was indicted on felony charges that he violated Zhao's civil rights, but a jury acquitted him last September, following an emotional three-week trial.

Since the verdict, Rhodes said, he has been trying - without success - to be reinstated to his job.

"The jury heard all the evidence and clearly believed I was doing my job, but the politics of the situation with China caused me to to lose my job," he said. "It's frightening. I'm a loyal American citizen who is being sacrificed as a bargaining chip for China."

Homeland Security officials would disclose nothing about Rhodes' situation, even declining to discuss whether he is still considered an employee of the agency.

"It's a subject of ongoing litigation, and the agency does not make comments on matters of ongoing litigation," said Kevin Corsaro, a spokesman for the Customs and Border Protection division of Homeland Security.

U.S. Attorney Terrance P. Flynn disagrees with Rhodes' contention that he was wrongfully indicted and prosecuted.

"We fully dispute and disagree with all the allegations made by [Rhodes]," Flynn said. "The U.S. Attorney's office will fully defend against this lawsuit."

Meanwhile, a $10 million personal injury lawsuit that Zhao filed against Rhodes and Homeland Security is pending. Zhao claims she was pepper-sprayed, knocked to the ground and kneed in the face by Rhodes. She also claims two other officers brutalized her without provocation while she was sightseeing on the bridge.

Authorities believe that Rhodes mistakenly thought Zhao was involved with a man who had just been arrested for smuggling marijuana over the bridge.

In a claim filed against Homeland Security on July 21, Rhodes accused several officials of the agency with conspiring to wrongfully arrest, prosecute and fire him. The claim put the government on notice that Rhodes plans to sue.

In an interview, Rhodes said Powell and Homeland Security officials rushed to judgment without examining all the facts about what happened between him and Zhao.

"Colin Powell said I would be prosecuted to the fullest extent of the law before anyone checked the facts," Rhodes said.

Over the past two years, Rhodes has repeatedly accused the federal government of singling him out for harsh punishment because he is openly gay. Government attorneys have denied that he was singled out for any reason.


e-mail: dherbeck@buffnews.com















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"The jury heard all the evidence and clearly believed I was doing my job, but the politics of the situation with China caused me to to lose my job," he said. "It's frightening. I'm a loyal American citizen who is being sacrificed as a bargaining chip for China."

Sad, Sad...
And now, ALL loyal American citizens are being sacrified on the political alter.