EVERY US LAW & HUMAN RIGHT VIOLATED TO DEPORT 1 INDIAN

Citizens For Democracy
568 Ashwood Rd.
Springfield, NJ 07081
973 416 1600 F 973 416 1500
davemakkar@yahoo.com

May 14, 2007
Department of Homeland Security
Office of Civil Rights and Civil Liberties
Mail Stop #0800
Washington, D.C. 20528

Attn.: Case Problems

Re: Complaint against ICE Newark, State of New Jersey etc. for violating US
Constitution, The Bill of Rights and The Pledge of Allegiance in the matters of
Rajnikant Parikh A# 078 824 449 Aka Amit Sheth A# 73 761 383

Dear Sir/Madam:

In reference to the above Complaint the followings along with some unknown individuals have violated the US Constitution, The Bill of Rights and the Pledge of Allegiance while arresting and deporting Mr. Parikh where as they are sworn to uphold it.

ICE (Newark): Attorney Sam Dotro, officer Peralta and others (unknown) in hatching up a conspiracy with Edison Patrolman Michael Dotro etc. to arrest Mr. Parikh on Aug.2, 06 in violation of his Free Speech Rights and under selective enforcement of Law . Also ICE officer Shaughnessy and others (unknown) conspired to cover up the unlawful behavior of Counsel Dotro, officer Peralta and others (unknown)

State of New Jersey: Ms. Hester Agudosi Head of Bias Crime Unit in AG’s office for helping and aiding Twp. of Edison and Middlesex County Prosecutor to cover up the July 4, 2006 incident of Police Brutality under racial bias by Patrolman Dotro against Mr. Parikh and then falsely implicating him under fabricated criminal charges. Governor Corzine and Attorney General Stubner both failed to live up to their constitutional fiduciary duties to do something right when the matters were brought to their attention.

Township of Edison: Mayor Jun Choi, Police Chief George Mieczkowski, Detective Ronnie Mieczkowski, Police Union President Michael Schwartz and others (unknown) conspired to cover up the brutality under racial bias done by Patrolman Michael Dotro against Mr. Parikh and the conspiracy hatched by Patrolman Dotro with his brother ICE attorney Sam Dotro etc. in Mr. Parikh’s subsequent arrest by ICE officer Peralta.

Middlesex County: Prosecutor Bruce Kaplan and others (unknown) for helping and aiding Twp. of Edison, Edison Police Department and Police Union to cover up the incidents of July 4th police brutality under racial bias and conspiracy hatched by Police Department and Police Union with ICE Newark in the arrest of Mr. Parikh on Aug.2, 06.

Police Union: PBA President Michael Schwartz and others (unknown) for forcing the Twp. of Edison, Middlesex County Prosecutor and State Bias Crime Unit to clear Patrolman Dotro of all charges in the course of 2 separate Internal Investigations done by the twp. Later they conspired with Superior Court Judge Robert Longhi to deny justice to Mr. Parikh by withholding the release of 2 Internal Affair investigation files of Edison to his counsels. PBA/Police Union is also behind the worst ever called Racial Slurs against the entire Indian- American community of New Jersey in the history of America by its members, their family members and supporters, “Indians are Cockroaches Animals, Illiterates, and Illegal Go Home.”

Superior Court Judge: Robert Longhi knowingly conspired with Police Union President Michael Schwartz to deny justice to Mr. Parikh. He broke all Court notification rules and ignored all State and Federal precedents in such criminal trials. He openly lied in the Court also and he knew it he is retiring next month. (Docket # 2006-000959-1205)

Although Mr. Parikh has already been deported to India on April 12, 2007 but the residents of New Jersey and Mr. Parikh’s US born wife deserve to know who is accountable for the violation to US Constitution, The Bill of Rights and The Pledge of Allegiance, misuse of State and Federal resources including over $100,000.00 spent just to deport 1 individual in gross violation to his basic human rights.

All those involved in this heinous crime of violating US Laws did it with full understanding and knowledge of law. These are the individuals who are sworn to uphold US Constitution, The Bill of Rights and The Pledge of Allegiance and they have knowingly violated it. Some one from the Federal Government has to stand up in front of them and show them there is accountability for their actions.

Inadvertently a Complaint was filed on 3-28-07 in the above matters with USCIS Ombudsman Mr. Prakash Khatri who also failed in his constitutional duties to forward the same in timely manner to the office of Civil Rights and Civil Liberties. Mr. Khatri has been requested to forward the Complaint along with all attachments to your office.

We hope justice will be done, accountability will be established and those found guilty will be punished to the maximum extent of the law.
Sincerely,
Dave Makkar (Media spokesperson)

Encl.: Request to USCIS Ombudsman to forward the Complaint to your office 5-14-07
Letter received from USCIS Ombudsman post marked 4-25-07
Sequence of events July 4th 2006 to April 12, 2007 NJ & ICE violated US Laws
Federal & State Legal precedents in releasing IA investigations
The Bill of Rights (Brief summary)
Copy of the Complaint sent to USCIS Ombudsman on 3-28-07
Copy of the Notice sent to ICE Newark on 4-04-07
8News Articles: 8-11-06, 12-21-06, 2-14-07, 2-27, 3-03, 3-06, 4-14, 4-19-07
ICE officer Peralta calling F****** Mexican for his colleague on cell phone
Statement made by Hunger Strikers against Racial Slurs at Human Relations

PROTESTOR'S ARREST TIED TO LEAK BY EDISON COP & HIS BROTHER IN ICE

Protester's arrest tied to 'leak' by Edison cop
Probe links officer spoke to brother, an ICE lawyer

BY SULEMAN DIN Star-Ledger Staff Thursday, December 21, 2006

The deportation arrest of an Indian man during a rally protesting alleged police brutality in Edison came after information was passed between the accused officer and his brother, an attorney with the federal Immigration and Customs Enforcement agency, people familiar with the case said.

The public arrest of Rajnikant Parikh as he marched in front of Edison town hall Aug. 2 inflamed tensions between the township's burgeoning Asian-Indian community and the police department, and led to a four-month internal investigation reviewed by the state attorney general and the Middlesex County Prosecutor's Office. Until the arrest, not even Parikh's supporters knew he had a fugitive warrant based on a 10-year-old outstanding deportation order. Police Chief George Mieczkowski and Edison Mayor Jun Choi said they were unaware of the plan to arrest him at the rally.

Last month, the mayor and police chief released a joint statement calling the arrest an "unfortunate incident," and blamed improper communication between an Edison officer and an ICE official. They declined to name either.

But three people with knowledge of the internal investigation said the connection between the agencies was the Edison officer whom Parikh accused of brutality, Michael Dotro, and his brother, ICE attorney Sam Dotro. The sources spoke on the condition they not be identified because they were ordered not to discuss the case.

Choi and Mieczkowski said the internal investigation determined that two Edison officers knew of the plan to arrest Parikh at the rally, but they had acted without informing their superiors.
"While the arrest of Parikh served a legitimate law enforcement purpose, the timing and the environment of the arrest was inappropriate," according to a joint statement released last month by Choi and Mieczkowski.

Parikh was arrested at the Aug. 2 rally specifically to discredit him and his complaints against Michael Dotro, the sources said. Before federal agents arrested him, Parikh and his supporters spent nearly a month calling for Michael Dotro's suspension.

Michael Dotro arrested Parikh, a 30-year-old liquor store clerk, July 4 on charges that Parikh hit the officer and incited others to join in the attack as Dotro tried to disperse hundreds watching an illegal fireworks display at a township apartment complex.

The next day, Parikh accused Dotro of roughing him up during the arrest, and circulated a picture of Parikh's bruised face. Parikh also accused Dotro of racism. Two Indians brought similar complaints against Dotro a year earlier, but an internal affairs review of that incident cleared the officer.

Responding to Parikh's complaints, Edison police launched an internal affairs review.
Just as Parikh went public with his complaints against Dotro, the officer contacted his brother at the federal Immigration and Customs Enforcement agency, sources said. The conversation ultimately led to an investigation by ICE and the Aug. 2 arrest, the sources said.

That afternoon, more than 100 people had gathered outside Edison town hall, the crowd split between Parikh supporters and police supporters. Minutes after he arrived, Parikh was confronted by two plainclothes ICE agents.

He was arrested on a decade-old deportation order on charges that he skipped a Texas immigration hearing. Parikh was taken inside police headquarters and held for two hours before agents drove him to the Middlesex County jail in North Brunswick.

Parikh's supporters immediately claimed the police colluded with ICE to silence Parikh. Choi and Mieczkowski denied knowledge of the planned arrest and any police involvement. The day after the arrest, an internal investigation cleared Michael Dotro of wrongdoing in the July 4 arrest.
ICE officials said the Aug. 2 arrest was prompted by a call from the Edison Police Department and resulted from "extensive cooperation" from the local department. The police chief denied any knowledge of those communications at the time.

In their statement last month, the police chief and mayor said the results of the Edison police investigation confirmed that an officer had contacted ICE about Parikh, but that the officer did not inform his superiors. At least one other department officer, they said, knew of the plan to arrest Parikh. Mieczkowski and Choi declined to name the officers. Mieczkowski said the department has since created a new policy for how officers handle requests for assistance from outside law enforcement agencies. The two officers involved were ordered to receive counseling, Mieczkowski said.

Michael Dotro, a patrolman with three years on the force who earns $60,000 a year, did not respond to multiple attempts to reach him for comment. Sam Dotro, who earns more than $87,000 a year as an ICE attorney, also declined to discuss the case through a woman who answered the door at his home.

Scott Weber, field director of the ICE Office of Detention and Removal in Newark, declined to comment about Sam Dotro's involvement or if the agency knew about Parikh's claims against Michael Dotro before making the arrest. "Information was received from the Edison Police Department regarding an alien who was wanted on an ICE fugitive warrant," ICE spokesman Michael Gilhooly said in a statement in response to questions about the timing of the arrest and Sam Dotro's role. "(We) acted on that information and arrested Rajnikant Parikh."

Parikh remains at the Hudson County jail in Kearny. In an interview last week, he said Michael Dotro's name came up a couple of times as he was being processed after his arrest at the rally, though he didn't see the officer that day.

Parikh's attorney, Ravi Bhalla, said the Dotro brothers' involvement in ICE's arrest of Parikh raised serious questions. "I find it very disturbing, to put it mildly," Bhalla said. "It certainly calls into question (Michael Dotro's) credibility as an officer."

The original charges against Parikh from the July arrest are pending. He also is fighting his deportation based on arguments that he applied for permanent residency in 2005 after he married Julie Patel, an Edison medical student who is an American citizen. "They could've arrested me when I applied for a green card." said Parikh. "They wanted me, they could've arrested me anyways, anywhere."

THE BILL OF RIGHTS APPLIES TO ILLEGALS ALSO

BILL OF RIGHTS APPLIES TO EVERYONE, EVEN ILLEGAL IMMIGRANTS

The Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."

Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").

On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.

EDISON MUST GIVE IA FILES TO BRUTALITY VICTIM

Edison must submit arrest files in Parikh disorderly-persons trial

Home News Tribune Online 02/14/07

By RITU JHA, STAFF WRITER rjha@thnt.com

South Amboy: Edison has to submit the complete files of its investigations of the July 4 and Aug. 2 incidents that led to the arrest of Rajnikant Parikh to his attorney under terms of a ruling Tuesday by South Amboy Municipal Court Joseph C. Hoffman.

Hoffman ordered that the files be turned over during a hearing on the disorderly persons charges against Parikh, charges that stem from the July 4 illegal fireworks display at Dayton Drive apartments. Hoffman ruled that Edison must give the available files to Ravinder Bhalla, attorney of Parikh, but denied Bhalla’s motion to gain access to the personal file of the patrolman Michael Dotro, the police officer involved in the arrest and subsequent charges of assault and police brutality. Hoffman also denied Bhalla access to the internal-investigation records of a 2005 charge against Dotro involving allegations of police brutality by two Indian business owners, Vimal Joshi and Atul Patel, in which Dotro was cleared last year.

Bhalla said he may request the records again later in the trial. Parikh is being held at the Middlesex County Adult Correction Center in North Brunswick, pending a deportation order that he is appealing. He was present during the hearing on the Edison charges Tuesday.

Dotro arrested Parikh, 30, during an unscheduled July 4 celebration on charges of aggravated assault on a police officer, resisting arrest, rioting and failure to disperse. The charges were later downgraded to disorderly charges by the Middlesex County Prosecutor’s office. The case is being heard in South Amboy.

Parikh filed a complaint against Dotro and other township police officers, saying he was beaten up without provocation.

Dotro reported slight swelling in his face and minor cuts on his arms after he subdued and handcuffed Parikh, who elbowed and punched the officer in the face, Dotro said. Dotro has given Bhalla a video showing his injuries.

“I am happy the judge granted access to the internal-investigation file,” said Bhalla. Hoffman made the ruling after 30-minute private conference outside the courtroom.

Bhalla asked Hoffman to dismiss the entire case based on published reports that Dotro’s brother, Sam Dotro, is an attorney for Immigration and Customs Enforcement, and was involved in having Parikh arrested by ICE on Aug. 2 on an immigration charge. Hoffman denied that motion saying, “It’s premature and discovery is incomplete.” Hoffman gave the township 20 days time to produce the documents and said he would set a hearing date sometime after that.

“I will need sometime to go through the records,” Bhalla said. “It’s a political prosecution. My client is innocent.”

Ritu Jha: (732) 565-7277

POLICE UNION TO BLOCK FILES TO BRUTALITY VICTIM

THE HOME NEWS TRIBUNE Feb. 27, 2007

Middlesex County

PBA SEEKS TO BLOCK RELEASE OF FILES

By RITU JHASTAFF WRITERrjha@thnt.com

EDISON — The Police Benevolent Association will ask a higher court to stop the release of police internal investigation files to the defense attorney for Rajnikant Parikh after being denied a similar request in municipal court in South Amboy last week.

"We disagree with the judge's statement," PBA President Michael Schwarz said about the decision by South Amboy Judge Joseph C. Hoffman ordering the release of the files. Schwarz said the internal investigation files should not be released because they are confidential.

On Feb 13 Hoffman asked Edison to submit the complete file of its investigations of the July 4 and Aug. 2 incidents that led to the arrest of Parikh on various charges, including resisting arrest and rioting. Hoffman ordered the files be given to Parikh's attorney under the terms of the ruling.

Last week, the PBA asked Hoffman to reconsider his decision.

"PBA wants me to reconsider my decision for production of the discovery (of the files)," Hoffman said. Hoffman said he denied the motion to reconsider the decision because the PBA has no standing in the case.

The PBA, which had not been formally involved in Parikh's case, is now intervening, according to a letter Hoffman said he has received from the PBA.

The PBA now plans to appeal Hoffman's decision to Superior Court.

Parikh is being held at the Middlesex County Adult Correction Center in North Brunswick, pending a deportation order. He was arrested by patrolman Michael Dotro during an unscheduled July 4 celebration on charges of aggravated assault on a police officer, resisting arrest, rioting and failure to disperse. The charges were later downgraded to disorderly charges by the Middlesex County Prosecutor's Office.

POLICE UNION TO MOVE IN SUPERIOR COURT TO BLOCK JUSTICE

Middlesex County

Superior Court may get Parikh case

Home News Tribune Online 03/3/07

By RITU JHASTAFF WRITER, rjha@thnt.com

EDISON — The Rajnikant Parikh case appears to be headed back to Superior Court.
The Edison PBA has filed an appeal to block a ruling by South Amboy Municipal Court Judge Joseph C. Hoffman that would turn over internal-investigation files to Parikh's attorneys. Parikh's attorney, Paul Brickfield, plans to oppose the motion.

At issue are the files that came out of Edison's probe into the arrest of Parikh following an illegal fireworks demonstration last July 4. Parikh and police traded charges of assault. The case was heard as a disorderly persons offense last month in South Amboy.

After Hoffman ruled that Parikh's attorneys had a right to see the internal investigation documents, the Edison PBA appealed to Hoffman to change the ruling. Hoffman said he dismissed that appeal made by the PBA attorney Thomas C. Sciarrabone because the PBA has no standing in the case.

The PBA then filed the appeal in Superior Court.

Brickfield said he will file papers opposing the appeal by Wednesday. Brickfield said a Superior Court hearing is not yet scheduled, but most probably will be held the week of March 12.
"Superior Court Judge Robert Longhi wants to see the transcript made by South Amboy Judge," Brickfield said. After that, Longhi will schedule a hearing.

Parikh is being held at the Middlesex County Adult Correction Center in North Brunswick, pending a deportation order. He was arrested by Ptl. Michael Dotro during the July 4 fireworks on charges of aggravated assault on a police officer, resisting arrest, rioting and failure to disperse. The charges were later downgraded to disorderly charges by the Middlesex County Prosecutor's Office.

Hoffman told Edison to submit the two internal investigation files to the Parikh's attorneys by Tuesday. Brickfield said he expects to receive the file next week. "But will hold the investigation files and won't disclose it until Judge Longhi decides on the motion," he said.

"We disagree with the judge's statement," PBA President Michael Schwarz said about the decision by Hoffman ordering the release of the files. Schwarz said the internal investigation files should not be released because they are confidential.

However, Township Mayor Jun H. Choi said he will abide by Judge Hoffman's ruling. "We will submit the files on time," Choi said last Tuesday.

SUPERIOR COURT TOLD MUNICIPAL COURT TO DECIDE PBA STANDING

South Amboy court to decide if PBA can intervene in Parikh case
Home News Tribune Online 03/6/07
By RITU JHA (732) 565-7277 STAFF WRITER rjha@thnt.com

MIDDLESEX COUNTY — Superior Court Judge Robert Longhi has left it to South Amboy's municipal court judge to decide whether Edison's Policeman's Benevolent Association local can intervene in the Rajnikant Parikh case.

Parikh is facing disorderly person’s charges stemming from a July 4 illegal fireworks display in Edison. The PBA wants to block the release of the police department's internal investigation records to Parikh's defense attorneys for use during a trial in municipal court.

Longhi, sitting in New Brunswick, left the decision to South Amboy Municipal Court Judge Joseph C. Hoffman on whether he wants to reconsider his earlier ruling that barred the union from intervening as a third party in the case. Hoffman earlier ruled that PBA has no standing in the case.

During the hearing on Monday, Longhi also ruled that the files will not be turned over until Hoffman makes his decision. The files had been scheduled to be turned over today under Hoffman's prior ruling.

The PBA last week appealed to the Superior Court to block the release of the files. PBA attorney Thomas Sciarrabone said, "I am satisfied and we are going back to the municipal court." Sciarrabone said that Longhi gave the PBA 10 days to submit its application for reconsideration to Hoffman. "I am hopeful the decision will go in PBA's favor," he said. However, Sciarrabone added that, if Hoffman denies the motion again, the PBA may again appeal the decision.

The PBA wants to block the release of the files because the files contain confidential reports, PBA President Michael Schwarz has said.

Parikh's attorneys Paul Brickfield and Ravinder Bhalla, who attended the Superior Court hearing, said they expect to get the records. Brickfield noted that it's been seven months since his client was jailed and now the case will he delayed further because of the PBA's appeal of Hoffman's initial ruling. "Full disclosure of the files is best for the community," Brickfield said.

Judge Longhi a die hard old Democrat & always a friend of Police ignored Prosecutor Ronald Abramowitz who appeared against Parikh on behalf of State and said “PBA has no standing.” Judge ignored Federal & State precedents outside 3rd party can’t intervene in criminal trial and in 1974 President Nixon could not stop the release of Internal Investigation (IA) files.

JUDGE LONGHI SOLD HIMSELF TO POLICE UNION

FEDERAL & STATE LEGAL PRECEDENTS FOR RELEASE OF FILES OF INTERNAL AFFAIR INVESTIGATIONS IN CRMINAL MATTERS BY POLICE

There were 2 separate Internal Affair investigations ordered by the Edison Mayor Choi one for July 4th incident and Aug. 2, 2006 arrest of Mr. Parikh by ICE and role of Police Department in that. In the July 4th investigations Mayor Choi absolved Patrolman Dotro of all accusations of Police Brutality under racial bias. For the second enquiry in a Press Conference he along with Police Chief said every thing was done properly and legally accept 2 junior officers (names not disclosed) failed to report about the ICE plans to arrest Mr. Parikh to their seniors and they will be given counseling. It was very obvious how a coded matter concerning security from Department of Homeland Security DHS can be concealed from the detective bureau. The fact is Police Chief George Mieczkowski who also has a brother in detective bureau Ronnie in the police force got the information. Mayor Choi, Chief Micezkowski’s and PBA President Michael Schwartz’s stand they were not aware of it is a very pathetic joke because a dispatcher has no ability to decode or is allowed to keep a coded message from DHS. Their fraudulent claims of not knowing were blown apart by Star Ledger in their Dec 2006 news that Mr. Parikh’s arrest was a result of the conspiracy by Patrolman Dotro accused of brutality and his brother Sam Dotro who works as an attorney for ICE in Newark.

On Feb 13, 2007 after deliberate, intentional & inordinate delays Municipal Judge Hoffman Ruled that both Internal Investigation reports concerning Parikh’s arrest on July 4th by Dotro and Aug. 2, 2006 by ICE be released to him with in 20 days. In an unprecedented move before the deadline of March 6, 2007, the Police Union PBA, which is not a government entity, but rather a private lobbying and collective agency for the private interest of individual police officers, a group neither vested with nor entrusted with the public interest, filed a motion seeking to intervene and making demands not to release the Internal Investigation Reports of victims arrest on July 4th & his subsequent arrest on Aug. 2, 2006 by Immigration and Custom Enforcement ICE from the venue Municipal Compounds of Edison where Parikh along with few supporters protesting against the Police Brutality under Racial Bias done to him on July 4th by Patrolman Michael Dotro. Judge Hoffman denied them by saying they have no standing. It must be noted PBA has a membership of 190,000 in voters term it is over 300,000 voters and in the last election PBA gave more than $1 million to Democrat Candidates Election Campaigns, which is not possible any where else in the world.

Retiring Superior Court Democrat Judge Robert Longhi after breaking all rules of notification calling the victims Counsels around 9.00 A.M. to be present in his Court at 10.30 AM the same day, entertained PBA’s contention despite Assistant Prosecutor Abromowitz objections that PBA has no standing whatsoever in this matters and their contentions of unrest in the community on account of release of IA files are unfounded and baseless. He was appearing on behalf of the State to prosecute Parikh on false & fabricated criminal charges framed by Patrolman Dotro on July 4, 2006. Judge Longhi misrepresented in Court there are 2 cases where intervention was granted and stayed the delivery of the IA files to the victim and asked Judge Hoffman to put his reasons for denial to PBA to intervene in writing.

LEGAL SUMMARY 2

Parikh’s attorney Paul wrote in his brief to oppose PBA, “The right of a party to intervene in a criminal case is extremely rare and extremely circumscribed. Indeed, there is only one reported case in New Jersey that found such right. NJ Super 244 (Appell. Division 1995) a case involving a confidential informant in a homicide case.

On the questions raised by PBA of confidentiality of Internal Investigations and claims of concern about unrest of a community. Paul has written, “The very section of Attorney General’s guidelines on Internal Affairs investigations cited by PBA provides that any confidentiality of records shall be overridden by a “Court Order.” In addition, the Municipal Prosecutor has not filed an Appeal to Judge Hoffman’s original orders of Feb 12, 2007 to release Internal Investigation reports to the victim Parikh. Nor has any other official law enforcement authority such as the Edison Police Department or the State of New Jersey sought to join in the PBA’s motion or sought to persuade the Municipal prosecutor to file an appeal. In addition, Middlesex County Prosecutor’s office through its Asst Prosecutor Abromowitz has already stated before Judge Longhi that the PBA has no standing whatsoever in this matter. Accordingly, since there is no allegation or proof of confidentiality or privileged information by a third party directly affected, as required by the relevant case law, the PBA’s motion to intervene should be denied.

The right of a defendant to obtain Internal Affair investigation reports and other similar evidence is well established under both United States and New Jersey Law. State v. Harris, 316 N.J. Super 384 (App. Div. 1998) The right of confrontation requires disclosure of (police personnel records) where a defendant advances some factual predicate making it reasonably likely that information in the file could affect the officer’s credibility. Id 387. The Court noted that “[t]he Sixth Amendment of the United States Constitution and Article 1, section 10 of the New Jersey Constitution guarantees the right of an accused in a criminal prosecution to be confronted with the witnesses against him” (citation omitted) and that “[t]he essential purpose of confrontation is to secure for the defendant the opportunity of cross examination. Cross examination is the principal means by which a witness’ credibility is tested.”

Thus, under New Jersey Law, so long as defendant shows “some factual predicate” that would make it reasonably likely that information in the desired file is relevant or could affect a witness’s credibility, disclosure shall be made. The review and release of such records is now fairly common. State v. Ewtushek, App. Div. 2005 WL 1802099 (7-1-05)

Likewise, the same principle has been established in Federal Law since at least UNITED STATES V. RICHARD NIXON, 418 U.S. 683 (1974) where a ‘generalized interest in confidentiality” by even the President of the United States was insufficient to prevail over the “fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.” Id at 713.

In the case of July 4, 2006 arrest of Raj Parikh, the records relating to the Internal Investigation which allegedly cleared officer Dotro involved taking of statements from witnesses as well as a statement from patrolman Dotro himself. As per PBA’s providing

LEGAL SUMMARY 3

News report that 12 Edison Police officers responded to the scene. In contrast, the limited discovery provided to date (March 28, 2007) to the defendant by the prosecutor includes a report of Dotro but does not contain any reports from these officers. Presumably, each of these officers as well as other witnesses and on, on information and belief, the defendant himself provided statements to the Internal Investigation. Such statements are clearly discoverable to the defendant for use in cross examination.

Likewise the records of the second Internal Affair investigation relating to the arrest of Rajnikant Parikh on Aug. 2, 2006 are discoverable. Based on Star Ledger of 12-11-06 news report, it appears that Patrolman Michael Dotro had a brother working for Immigration and Custom Enforcement ICE and that the arrest of Mr. Parikh was planned between Patrolman Michael Dotro, his brother Sam Dotro and possibly other officials. Such actions raise classic credibility issues, such as racial bias and other improper motives, for cross examination of Patrolman Dotro. The involvement of Patrolman Dotro in the ICE arrest of the defendant may be an attempt to deny him the right to a Public Trial, the right to Clear His Name, and the right to pursue allegations of Police Misconduct and Brutality under Racial Bias. These areas clearly go to the credibility of Patrolman Dotro’s description of the events of July 4, 2006, which Patrolman Dotro has claimed was self defense.

In addition, Patrolman Dotro’s credibility has been placed at issue by the decision of the Middlesex County Prosecutor’s office to downgrade the Indictable Charges in this case. Patrolman Dotro signed complaints alleging the Indictable Offense of Aggravated Assault on a Police Officer. However, the Middlesex County Prosecutor’s Office, upon reviewing same, has chosen to downgrade or reduce this charge, there by explicitly rejecting some of the claims of Patrolman Dotro.

The PBA’s rationale to withhold discovery, namely possible reprisals by the Asian-Indian community against those members of Edison Police Department involved in the arrest of Mr. Parikh, does not rise to the good cause necessary to justify non-disclosure of the internal affairs reports. Under R. 3-313 (f) (1) and R. 7:7 (e) (1), a court, on a motion and for good cause, may consider an application for a protective order to withhold evidence from discovery under only certain circumstances.

In the instant case, the factual basis underlying the production of the Internal Affairs reports does not present sufficient confidentiality concerns to justify withholding them from discovery. The Edison Police Department investigation concluded that there was no impropriety on the part of the arresting officers. If the police officers involved in Mr. Parikh’s arrest committed no wrongdoing, the PBA has nothing to fear by releasing the contents of the report. Where a law enforcement investigation has been completed, the State’s interest in confidentiality of Internal records related to the investigation is substantially reduced. Shuttleworth V. Camden, 258 N.J. Super. 573, 585 (App. Div. 1992), certif. den., 133 N.J. 429 (1993). In the instant case, the police have completed their investigation. Any police need for confidentiality pales in comparison for Mr. Parikh’s discovery needs to present an effective defense.

LEGAL SUMMARY 4

PBA’s application is a generalized concern for speculative unrest that may occur in the community. Fact is PBA’s application is not supported by a single law enforcement agency such as the Prosecutor of Middlesex County, the Municipal Prosecutor handling the case, the Town of Edison, or the Edison Chief of Police. In short, the individuals and entities actually entrusted with public safety have not joined in this motion. Nevertheless the PBA with this motion seeks to place on itself the mantle of determining what is good for the community of Edison and what should or should not be seen by its citizens, taxpayers and employers. Moreover, it is the alleged actions of the officers themselves, Patrolman Dotro on July 4, 2006 in arresting defendant as well as the actions of Patrolman Dotro and possibly others in arranging the re-arrest on Immigration Charges of the defendant before a large crowd on Aug. 2, 2006 that caused the unrest. Like wise based on news paper reports it was member/supporters/member families of the PBA that have resorted to name calling in Edison by taunting Indian protesters as “Cockroaches, Animals, Illiterates, Illegal Go Home.” Also used racially derogatory statements, profanity and racial slurs. Yet throughout it all there has been no violence there by undermining the PBA’s very stated reason to block Internal Affair Reports. It is also interesting to note that although the PBA claims to be concerned about unrest in the community and danger to its officer, it is the PBA itself that conducted several of the rallies at issue in this case. Indeed, the PBA called the latest rally on Aug. 14, 2006 seeking the resignation of the Edison Mayor Choi. Counsel Brickfield wrote “For the aforementioned reasons, the Court should deny both PBA’s motion to intervene and the motion to block access to the defendant Parikh of internal investigation reports.

DAVE MAKKAR:

When the authorities realized Mr. Parikh is entitled to all the internal investigations including 1 by ICE also, they deported him on April 12, 2007 at a cost of more than $100,000.00 and gross misuse of State and Federal resources just to save a racist patrolman. It was also done in blatant disrespect to US constitution, Pledge of Allegiance and The Bill of Rights which applies to everyone, even illegal immigrant. An immigrant, legal or illegal prosecuted under criminal code has the Right to Due Process, a Speedy and Public Trial and Rights protected by the Fifth & Sixth Amendments. Mr. Parikh has been denied a Trial in the criminal matters arising out of his accusations of Police brutality and cover up. When the Cops & New Jersey were loosing in the Courts, ICE deported him. ICE in the first place in a conspiracy with local cops arrested Mr. Parikh on Aug. 2, 2006 on a more than 10 year old Deportation orders by a Texas Judge also violated his freedom of Free Speech Rights on that day. Then in violation of the US Laws that “Immigration proceedings are matter of Administrative Law, not Criminal Law. As a result, the consequence of Mr. Parikh violating his immigration status is not Jail but Deportation. Why ICE in a conspiracy kept Mr. Parikh in Jail for almost 9 months and also conspired to deny him a fair Trial for his pending Criminal Matters by deporting him before the legal conclusion of his pending Trial?

RACIAL BRUTALITY VICTIM DEPORTED TO INDIA

Edison detainee deported to India

Home News Tribune Online 04/14/07
By RITU JHA,STAFF WRITER, rjha@thnt.com

EDISON — Rajnikant Parikh, the Edison resident who was at the center of charges and counter-charges of racism, brutality and civil-rights violations growing out of an impromptu fireworks display July 4, was deported to India Thursday evening.

Adam Puharic, a U.S. Immigration and Customs Enforcement spokesman in Newark, said Friday that Parikh had been deported to his native country. The order of deportation carried out on Thursday was initially issued in June 1996 after Parikh was apprehended, using the name Amit Sheth, by the U.S. Border Patrol in Texas in 1995. That 11-year-old order by an immigration judge was reinstated for the Edison man in the name of Rajnikant Parikh, according to a press release issued by ICE Friday. According to the ICE statement, Parikh re-entered the country in 1999 under a work visa and "used two different identities over a 12-year period in order to circumvent immigration law."

Parikh, who was in the Middlesex County Adult Correction Center for eight months, was arrested by ICE detention and removal officers on Aug. 2 at a rally at the Edison Municipal Complex. The rally was held to show support for Parikh's claim that he was brutalized by police during his arrest at a July 4 celebration at Hilltop Apartments off Oak Tree Road in Edison. Edison patrolman Michael Dotro was the arresting officer.

Parikh's wife, Julie Patel, who is studying medicine in Poland, said she is waiting for Parikh's phone call. Patel, who was planning to come to the United States in May, said, "I don't know what to do now," during a telephone interview Friday. "The township and police conspired in getting him arrested," she said.

Parikh's attorney, Ravinder Bhalla, said he is considering filing a civil lawsuit against Edison Township, Michael Dotro and his brother, Sam, who is an attorney employed by ICE, and others. Bhalla said a notice of claim, which must be sent to a municipality months before an individual files a lawsuit against the town, was filed on Aug. 13.

Paul Brickfield, an attorney representing Parikh in the criminal case, was disappointed Friday with his client's deportation. "It's very unfortunate that it denies to Parikh the opportunity to clear his name in open court, and it also denies the residents of Edison an opportunity to hear in open court what actually happened on July 4." Brickfield said he expects the township prosecutor to now move to dismiss that case.

The case is being heard in South Amboy Municipal Court before Judge Joseph Hoffman. A hearing is slated for Wednesday before Hoffman to determine if the Edison Policeman's Benevolent Association can intervene in Parikh's case.