Thread: Witness Winds Up In Cuffs

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Even A Witness Winds Up In Cuffs Posted 2006-12-02

Boyfriend Of Defendant Admitted Under Oath To Being Illegal Immigrant


By David Reynolds



HARRISONBURG — Immigration authorities escorted a man from the federal courthouse in handcuffs Friday after he confessed under oath that he is an illegal alien.

Juan Flores, 25, came to the U.S. District Court in Harrisonburg to sit in the audience and support his girlfriend, Anita Prado Cardoso, a U.S. citizen recently indicted in connection with an alleged methamphetamine ring.

His presence in court didn’t help his girlfriend and got him arrested.

After listening to Flores testify during Cardoso’s bond hearing, U.S. District Judge James G. Welsh said her association with Flores raised his concern that she might be a risk not to show up for trial Feb. 8. Cardoso testified that she and Flores are expecting a child, and that he is from Mexico and she has relatives in that country.

"I’m putting a lot of faith in the good things you’ve done," Welsh told Cardoso, who arrived at court voluntarily to be arraigned on charges so serious that a conviction could carry 10 years to life in prison.

"The thing that’s worried me is you’ve consorted with some people you shouldn’t have been consorting with," the judge told her after Flores’ testimony.

The judge allowed Cardoso to leave court on a $15,000 unsecured bond, and told her to return to court Monday with relatives who can show she is not a serious flight risk, according to court testimony.

Flores wasn’t as lucky. ICE officers were waiting for him outside the courtroom.

The Bond Hearing

At the outset of Cardoso’s bond hearing, Assistant U.S. Attorney Rusty Fitzgerald asked Welsh for a secured bond to help ensure Cardoso returns to court.

The prosecutor’s initial request came after a federal probation officer said Cardoso has family ties to Harrisonburg and no past criminal record.

But, before setting bond, Welsh said he wanted more information on Cardoso’s personal life to better assess whether she’s a flight risk. After briefly questioning the defendant, Fitzgerald called her boyfriend to testify.

Flores looked shocked.

He testified through a translator, and, when asked his immigration status, he said he didn’t understand the question.

Fitzgerald asked Flores if he had a passport, a visa, or the government’s permission to be in the United States.

Flores said no to each question.

He’s from Mexico, but has lived in Marshall for the last seven to eight months, according to his testimony. He also testified that he works on a ranch in Marshall, but didn’t remember his employer’s last name or his own address.

"When you leave court today, how are you going to find your way home?" Fitzgerald asked.

After Flores’ testimony, Fitzgerald changed his mind and said Cardoso shouldn’t be given bond. "She has every reason to leave and no reason to be here," he said.

Welsh permitted Cardoso to leave the court on the unsecured bond and with her promise that she would return to court on Monday.

Facing Deportation

After the hearing, officers with U.S. Immigration and Customs Enforcement arrested Flores in the hall.

Fitzgerald said he had the agency notified after Flores testified.

"Any time we find out about a violation, we notify the federal agency responsible for [enforcing] that kind of violation," he said. "If he had said he was a bank robber, we’d have called the FBI."

Later Friday, ICE spokeswoman Ernestine Fobbs said Flores was arrested for immigration violations and has been scheduled for a deportation hearing.

A $5,000 bond has been set, Fobbs said, so Flores could be released and ordered to return for his immigration hearing. She didn’t know whether Flores had posted the bond.

After the hearing, Cardoso’s attorney, R. Darren Bostic, said Flores’ arrest surprised him, especially because the witness was honest about his immigration status.

"It was an odd thing. I’ve never seen that happen before," Bostic said. "It’s sad to say, he got put in jail because he came to court. … He was just sitting in the courtroom supporting his girlfriend."

Contact David Reynolds at 574-6278 or reynolds@dnronline.com

About dam time we get a judge with a little common sense I would say.

"It was an odd thing. I’ve never seen that happen before," Bostic said. "It’s sad to say, he got put in jail because he came to court. … He was just sitting in the courtroom supporting his girlfriend."

Why is it so hard for some to understand that an illegal immigrant has broken the law and is fugitive from justice.

After the hearing, Cardoso’s attorney, R. Darren Bostic, said Flores’ arrest surprised him, especially because the witness was honest about his immigration status.

He was honest about his immigration status... so therefore he should not be arrested.

If he transported ten tons of heroin I suppose he would be shocked to get arrested too... well, as long as he was honest about doing it.

Just goes to show that these people don't care about nor respect our laws and many aren't too concerned about being punished.

Later Friday, ICE spokeswoman Ernestine Fobbs said Flores was arrested for immigration violations and has been scheduled for a deportation hearing.

Quick somebody call the ACLU. His human rights have been violated.