State hoping feds won't deport suspect: Woman accused in liposuction death could return to Brazil without trial

By Timothy R. Homan/ Daily News Correspondent
Friday, November 10, 2006

CAMBRIDGE -- A Middlesex Superior Court judge yesterday heard arguments from immigration experts and attorneys about the possible deportation of a Brazilian woman facing charges for her role in a Framingham death.

Ana Maria Miranda Ribeiro and her husband, Luiz Carlos Ribeiro, both 49, are charged with involuntary manslaughter for the death of Fabiola DePaula, 24, on July 30. Only Luiz Ribeiro was in court yesterday.

DePaula's death is linked to liposuction surgery performed at 201 Bishop St. in Framingham, according to authorities.

Prosecutor Lee Hettinger said he is concerned that Ana Ribeiro, who posted $50,000 bail for the state and is now in federal custody, could be deported by Immigration and Customs Enforcement before her trial.

Judge WendieGershengorn raised Ana Ribeiro's bail to $250,000 last week while keeping her husband's bail the same at $250,000.

Ana Celia Pena Sielemann, another woman who authorities believe was involved in the surgery, has already been deported by ICE.

The court's concern is that ICE could execute a deportation order for Ana Ribeiro, who could then waive her rights and return to Brazil without standing trial in Massachusetts.

"She has every interest in seeing this case through," Lenore Glaser, Ana Ribeiro's attorney, said in court yesterday. "She does not want to end this unresolved."

Frank Crowley, a special assistant U.S. attorney for immigration and customs, told the court that once the deportation order is given, federal authorities must pursue the matter irrespective of state charges.

Gershengorn is expected to make a decision Wednesday on whether Ana Ribeiro's bail status should be changed.

The Ribeiros are accused of performing illegal surgeries in Sielemann's basement. During the July 30 surgery, DePaula stopped breathing and was pronounced dead at MetroWest Medical Center, according to Hettinger.

Sielemann is charged with distribution of a Class A substance, for use as an anesthetic, illegal possession of a Class A substance and two charges of being an accessory to manslaughter. The state issued a warrant for her in case she ever returns to the United States.

Both Ribeiros are charged with involuntary manslaughter and two counts each of the illegal distribution of a Class A substance.

Luiz Ribeiro is also charged with two counts of practicing medicine without a license, the illegal possession of a Class C substance and the illegal distribution of a Class E substance. The drugs are lidocaine and Rohypnol.

Several friends and family members of DePaula appeared in the courtroom wearing T-shirts with DePaula's picture on them.

Ana Ribeiro is due in court Wednesday.

http://www.milforddailynews.com/localRe ... eid=102695