Terry murder: FBI defends its secrecy
Posted: Dec 31, 2010 7:40 PM CST Updated: Jan 01, 2011 2:17 PM CST
Video:: FBI defends its secrecy in Terry case
3:32 in length


Reporter: Steve Nuñez

TUCSON (KGUN9-TV) - The FBI is now defending its secrecy in not revealing information to the public on U.S. Border Patrol Agent Brian Terry's murder investigation. Normally, law enforcement releases information that involves the killing of an officer. But in Terry's case, the FBI has gone silent and will not say why it has yet to charge the suspects with Terry's murder.

When agent Terry shooting happened the night of December 14th in Peck Canyon near Rio Rico, the FBI chose to release only certain information and not much at that.

Nine On Your Side was told agent Terry was fatally wounded taking part in an operation targeting border bandits. The FBI also revealed it had arrested four suspects caught near the shooting scene. But the FBI would not even release the names of the people in custody.

Now 17 days later, KGUN-9 News called the FBI again. This time the FBI did talk, but only to defend its policy of maintaining its secrecy.

Spokesperson Susan Herskovits told Nine On Your Side the FBI's "Level of secrecy is standard for an ongoing investigation."

Herskovits goes on to justify the FBI's silence stating, "It's a policy that comes down from the Department of Justice." She would not answer any other questions.

So, we asked Immigration Attorney John Messing, who is not associated with the case, if the feds can legally maintain secrecy over the public's right to know. Messing said the FBI is operating within its rights.

"Sometimes its very frustrating for people but I think that in the long run that's the way its been set up and unless we're going to change it these are the outcome we're going to have.>

But while the FBI is keeping mum about Terry's investigation, defense attorney's are not.

Earlier this week, Nine On Your Side learned the FBI has only charged the four suspects with illegally re-entering the country. It's a felony that carries up to two years in prison.

Heather Williams, a federal public defender representing one of the four suspects, confirmed her client remains hospitalized. She would not confirm his injuries.

Williams did confirm this same suspect faces charges of aggravated felony for a prior conviction. This charge could range from murder to rape and carries a 20 year sentence.

Despite facing stiffer charges, Williams told Nine On Your Side if the FBI had a murder case against her client it would have filed charges by now.

"They don't have any evidence against our client to link him with agent Terry's killing," said Williams.

Then Leslie Bowman, a second defense attorney, came forward to claim her client's innocence. This second suspect is a 28-year old from Nogales, Sonora. Bowman describes him as a migrant worker and not a bandit. She claims he was crossing to come find work when the shooting took place.

"He was not involved in this in any way," said a confident Bowman.

While it's a defense attorney's job to cast doubt on police and prosecutors, it's also their job to serve as watchdogs to help balance the public's right to know.

Again, it's possible the public could soon learn more details about Terry's murder investigation. That's because the federal public defenders office tells Nine On Your Side the feds have until January 15th to submit its case to seek an indictment from a grand jury. At that time, certain information, but not all, will become a matter of public record.

http://www.kgun9.com/Global/story.asp?S=13766831