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Loudoun Sheriff Drops Ball, Child Ends Up Raped By Illegal Alien

By Greg L | 28 January 2011 | Loudoun County, Illegal Aliens, Crime | 15 Comments

Guest Post by LEO Watcher

I wonder if anyone else who read the article in the Washington Post titled “Immigrant database failed to catch suspect before rape” Thursday, January 27, 2011, page A1/A11 thought that it was one of the sloppiest pieces of journalism that they have ever read. I cannot believe it appeared on the front page it – it belonged in the comics section. I wonder who actually wrote the article: Tom Jackman or the anti-ICE, pro-illegal coalition? I can’t believe Sheriff Simpson allowed himself and the Loudoun County Sheriff’s Office to be used by these groups. I guess since he’s been run out of the Republican Party and has become an independent, he runs around with a different crowd.

I would like to point out how factually inaccurate and uninformed are the cited sources are.

The information I will point out is factual and can be verified through open documents. If someone wanted to FOIA documents they would uncover more facts.

First, let me talk about the uninformed and misleading comments made by Sheriff Simpson. Sheriff Simpson said he was frustrated by Hales response (a spokesman for ICE) that Loudoun should have done a manual check. Simpson says “No one ever heard of calling a manual check.” “The point of the program was it replaced the need to do what they now say we should have done”. The facts are: apparently Simpson never read the Immigration and Customs Enforcement (ICE) Secure Communities (SC) Standard Operating Procedures (SOP). It was distributed for adoption by participating county and local law enforcement agencies. The agency was given a copy! If he had read the manual he would have known about the required manual check.

3.1.4 IAFIS and IDENT search results are processed:
If there is a positive fingerprint match in IDENT, FBI CJIS generates an IAQ that is sent to the LESC. In states where the SIB has implemented message routing to local LEAs, a “no match” in IDENT will result in FBI CJIS sending of a “No Match” IDR message to the originating local LEA through its SIB. No IAQ will be generated or sent to the LESC in the case of an IDENT “no match” response. Please refer to Section 2.2.7 to initiate an IAQ if a “no match” IDR response is received.

Sheriff Simpson said that they got the “no match.” If he would have read the manual, it instructs him as to what needs to be done.

2.2.7 If authorized, discontinue automated IAQ transmissions:
However, if a “no match” IDR is received, the LEA has the option of initiating a name-based query to the LESC through the National Law Enforcement Telecommunications System (NLETS)

If Simpson read this section he would have known about the “no match” manual check. As the section points out it is the LEA option to do it. If Simpson has his agency not performing it than he should just say it is his choice not to do it. The SOP’S clearly tell the LEA what to do.

Simpson’s second ridiculous statement “If deputies investigate after a “no match” that’s when we start getting ourselves in trouble by raising the issues of racial profiling.” Apparently he needs to read the manual before he speaks. See above section 3.1.4 if there is a “positive hit” in IDENT, it automatically generates an IAQ so when everyone is fingerprinted by the Loudoun Sheriffs Office, the procedure is done automatically. The manual IAQ is only done when it returns a “no match” finding, meaning there are no prints on file to compare. So where is the racial profiling? It sounds like when you don’t have the facts on your side, you resort to the hideous and scurrilous implication of racism. I know the men and women of the Loudoun County Sheriffs Office and they are professionals are you are demeaning there service. Shame on you Simpson!!!!!!!

Now for the most uneducated, uninformed, and disingenuous statement Sheriff Simpson makes in the article. “We did everything we were supposed to do”. I guess Simpson is confused about his reasonability’s as Sheriff of Loudoun County. He is saying that he complied with the Secure Communities program. The operative word there is “program” and it has no statutory authority. Sheriffs’ in Virginia derive their powers and authority from the Virginia constitution and Code of Virginia. Apparently Simpson neglected to follow and insure his office is in compliance with 19.2-83.2 of the code of Virginia.

19.2-83.2. Jail officer to ascertain citizenship of inmate.
Whenever any person is taken into custody at any jail, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States, and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement for any person who (i) was born in a country other than the United States, and (ii) is a citizen of a country other than the United States, or for whom the answer to (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person’s immigration status shall be recorded in the person’s criminal history record.

The code states “immigration alien query”. These are the same words used in sections 3.1.4 and 2.2.7 of the Immigration and Customs Enforcement (ICE) Secure Communities (SC) Standard Operating Procedures (SOP) Distributed for adoption by participating county and local law enforcement agencies. Simpson said “Nobody’s ever heard of calling for a manual check.” Apparently he forgot about the Code of Virginia which requires him to do just what he said he never heard of. Maybe he should read the Code of Virginia.

The Secure Communities program only complies with the Code of Virginia 19.2-83.2 when the Fingerprints are run through and the returned reply comes back other than a “no match” finding. When a “no match” response is returned, it is incumbent upon the Sheriffs Office to do a manual “immigration alien query” to be in compliance with the Code of Virginia. Sheriff Simpson admits his failure to comply.

Below are the directions written in the State Compensation Board Local Inmate Data System (LIDS) Newsletter April 2008:

In order to accommodate this change, you will be recording the information in a secured web-based system, similar to the website used to record DNA Sampling Information. The website will be available for testing purposes only during the month of June. You will need to access the LIDS-ICE website twice for each individual, once to record an Immigration Alien Query (IAQ) has been made and then again when the response is received from the Law Enforcement Support Center. Documentation and process steps will be available on June 1, 2008. Please ensure your management is aware of this new reporting requirement.

I guess Sheriff Simpson doesn’t read the State Compensation Board newsletters either.

The most ironic part of Sheriff Simpson’s remarks is his agency once fully complied with state code when they were doing the manual IAQ requests through the LIDS-ICE prior to entry into the Secure Communities Program. It is clear that his agency made a mistake on this case but it is not the fault of the classification deputies who physically handle the suspect. It is Sheriffs Simpsons fault for not exercising proper leadership and fully understanding the program he entered into. Maybe he should spend more time in his office doing the job he was elected to do and less time working on his retirement job selling sport drinks.

There were several other people cited in the article, none of which is the elected Sheriff and is responsible for the Loudoun County Sheriffs Office compliance with the law. There is no purpose to address the uninformed remarks unless they wish to seek the position of Sheriff of Loudoun County. They all seem to have their own agenda and it is not the safety of the citizens of Loudoun County.

I don’t know how ICE can make it any easier for Sheriff Simpson to understand the program. Maybe a cartoon style booklet would help him so he does not have to read, he just looks at the pictures. I attached the links to web sites that contain the facts, maybe Sheriff Simpsons can have someone in his office, click on them and read it to him.

The most disgusting thing about the article is Sheriff Simpsons only concern for his image and the lack of concern of how a system in his office allowed an 8 year girl to be victimized. Sheriff Simpson failed to fulfill the duty he is charged with in article III of the Virginia Constitution “That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety,…”

Sheriff Simpson your lack of leadership and understanding of your duties let down an 8 year old citizen of this great Commonwealth.

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  1. AmericaFirst said on 29 Jan 2011 at 8:13 am:
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    The amazing thing is that “journalists” find endless buckets of slime to pour over Sheriff Arpaio while malfeasance such as this goes unnoticed by the MSM.

    After all, trashing republicans is at play. Whats a child being raped compared to that?

    Put this guy and the Pima county turd in a bag and shake them up - they will come out stuck together.

  2. Gone said on 29 Jan 2011 at 9:04 am:
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    I have come to the conclusion that officials just do not care. Did you see this story from Minnesota?:


  3. Citizen12 said on 29 Jan 2011 at 11:52 am:
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    It would seem the complexities of the modern day approach has obscured much of the deterrence in the law. Some may suggest we simplify things a bit and dust off some old school solutions for problems like these…

    Grandpappy told my pappy
    Back in my day, son
    A man had to answer
    For the wicked that he’d done
    Take all the rope in Texas
    Find a tall oak tree
    Round up all of them bad boys
    And hang ‘em high in the street
    For all the people to see

    Toby Keith

  4. Maureen said on 29 Jan 2011 at 3:12 pm:
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    And I still don’t understand why we have illegal alien apologists around. Wonder if they would advocate for them as strongly if this happened to someone in their family.

    Call your delegate and senator and demand that EVerify is implemented in Virginia. This would help to make them leave our area.

  5. Anonymous said on 29 Jan 2011 at 4:24 pm:
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    ACCOMAC — When Angel Perez’s vehicle crashed into another last summer on U.S. Route 13 in Accomac, he leapt from the vehicle and ran away Perez, 32, of Onancock, left the aftermath and the driver of the other vehicle, who sustained a minor injury.
    “He jumped from his vehicle and ran about a block down the street,” said Frank Suraci, an assistant Accomack County prosecutor. “An individual uninvolved with the accident was able to make him sit down and wait for police.”
    Perez was an illegal immigrant without automotive insurance, and authorities say hit-and-run accidents involving such drivers can be a problem in areas with a large population of migrant workers.
    Unable to pay for the damages or show proof of legal residency, undocumented immigrants may choose to flee the scene for fear of deportation.
    Perez pleaded guilty last week to a felony count of leaving the scene of an accident and a misdemeanor charge of obstruction of justice in connection with the July 23, 2010, collision at the intersection of Lankford Highway and Accomac Road.
    He was arrested the day after the crash and had been incarcerated since, testimony showed. Substitute Circuit Court Judge Robert B. Cromwell Jr. sentenced Perez to a total of six years on the two convictions with all but six months suspended on condition of good behavior.
    Skipping over to next page…”The issues are not legal and illegal,” said Timmons. “They are frightened, hurting people in a strange place that has strange ways. These people are bound to make mistakes. But that only makes them human, not just illegals.”
    Timmons said some of his clients have lived in the community 8-10 years and have bought houses and made homes here. He said many are struggling to find work while farms, the seafood industry, and many major tomato plants are experiencing economic trouble.
    “These people come into the store crying,” said Timmons. “Sometimes all we can do is sit and listen.”
    Lately, donations to Casa Esperanza have diminished, though many Hispanics volunteer their labor to help with the upkeep and organization of the agency. About 1,500 people a month visit — sometimes as many as 40 a day.
    Others say it’s the victims of hit-and-run accidents who must deal with physical and vehicular damage. If reported to police, the crashes trigger a process by insurance companies and the state to fund the damages.
    Frightened, hurting people able to BUY homes in spite of not understanding our strange ways and struggling to find work?

  6. Loudoun Insider said on 29 Jan 2011 at 5:50 pm:
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    Interesting, and not surprising. Speaking of donations, be sure to check out my latest posts and newspaper articles about where Loudoun’s Sheriff gets his campaign donations.

  7. Anonymous said on 29 Jan 2011 at 6:40 pm:
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    Three more arrests in fatal Denver hit-and-run…all illegal aliens

    On Thursday, Norma Paola Vera-Nolasco, 31, was arrested at Sky Harbor Airport in Phoenix, as she attempted to flee to Mexico. In fact, her U.S. Airways flight had already pulled away from the gate when police ordered it to return. According to the Denver’s District Attorney’s office, Vera-Nolasko was driving the truck that hit and killed valet, Jose Medina outside a Denver nightclub on Saturday night. She faces two counts of vehicular homicide, criminal impersonation, and leaving the scene of a fatal accident. Prosecutors say that the illegal alien was drunk at the time of the accident. In 2008, Vera-Nolasco was arrested in Aurora, Colorado, for driving without a license, but due to Aurora’s sanctuary policy, was released without being reported to Immigration and Customs Enforcement.

    On Tuesday, Denver police arrested Eliu Montes-Garcia, 28, who was in the vehicle with Vera-Nolasco. He has been charged with leaving the scene of a fatal accident, vehicular homicide, and two counts of accessory to crime. Montes-Garcia has a history of arrests for various traffic and drug violations and was deported in 2008. In May 2007, he was arrested in Alamosa County for felony distribution of dangerous drugs, driving without a license, improper license plates and driving under restraint.

    He spent nine months in a Colorado state prison for felony drug possession and was deported back to Mexico on March 27, 2008. Two others have also been arrested as accessories to the crime. Yolanda Bastida-Nolasco, 42, and Guadalupe Bastida, 48, allegedly helped hide the vehicle that hit Medina and also assisted Vera-Nolasco in her attempted escape from the country. Both are in the country illegally…


  8. Cathymac said on 29 Jan 2011 at 7:02 pm:
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    I just read the Washington Post article today after it was mentioned to me. Given the 287G fiasco from 2007 - I think this could figure prominently in the upcoming Sheriff’s race. Simpson seems to step in it every winter before his re-election, and manages to squirm out of his predicament by changing policies, that he was ardently against previously, all the while never admitting he had a problem with the policy.

    I think citizens have a hard time understanding the repercussions of a failed policy, like the one Simpson has implemented (no manual check), unless it has effected enough people thru increased crime in the community. His Republican challengers needs to make citizens realize how dangerous releasing an illegal felon rapist back into the community is, without sounding like an alarmist. No doubt , this is alarming, but it has to be explained delicately.

  9. Anonymous said on 30 Jan 2011 at 12:35 am:
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    “This case isn’t about the parents,” said American Civil Liberties Union attorney Ken Falk, who represented two sets of parents who were granted class action status. “It’s about the children.”


    Hey legal parents out there….how are you and your LEGAL children’s rights coming along? What rights? Funny you should ask.

    You have the right to pick up the cost of “MY ILLEGAL ALIEN CHILDREN”……SUCKERS! Oh yes, and the right to remain silent as we have the “Human Right” to bleed you dry and otherwise act with impunity.

    Record Number of Illegal Immigrants Win Right to Stay in UK

    In the first nine months of last year more than 300 immigrants defeated Home Office attempts to deport them. The full-year total is expected to top 400.

    Among those allowed to stay were killers, rapists and multiple offenders, along with a woman whose appeal was backed by an immigration judge even though he accused her of “manufacturing” evidence.

    Critics claimed that as a result of the court rulings, the Home Office was reducing its efforts to deport migrants due to the strong likelihood that it would face successful legal challenges on human rights grounds.

    In January The Sunday Telegraph revealed how Rocky Gurung, an immigrant from Nepal who was convicted of killing an innocent man by throwing him into the River Thames, was allowed to stay in Britain because it would have breached his human rights to separate him from his parents, who live in the UK.

    In the same month a judge halted the deportation of 29-year-old Brenda Namiggade, a failed asylum seeker, after she had already been put aboard an aeroplane at Heathrow. She claims she would be persecuted in her homeland, Uganda, because she is a lesbian, but a judge at an earlier court hearing found no evidence that she is homosexual.

    In Opposition the Conservatives pledged to scrap the Human Rights Act and replace it with a British Bill of Rights, but there has been no progress since the Coalition government came to power.

    Other criminals who won the right to stay last year after making human rights arguments included:

    * A Turkish man, aged 38, who was convicted of rape and jailed for seven years in 2004, but successfully argued that he would be in danger from the anti-terror police and intelligence agencies if he was sent home.

    * A 28-year-old Congolese man who was handed four years’ imprisonment for causing grievous bodily harm with intent – by battering a man with a metal pole – but won his appeal against deportation because he had an infant son.

    * A father-of-three from Pakistan who sexually assaulted a woman after drugging her, and was jailed for 15 months.

    * A 23-year-old Congolese man who was convicted of 10 crimes between 2002 and 2006 before being jailed for robbery in 2007, receiving a two-year prison term. His lawyers successfully argued that it would be wrong to return him to his native country where conditions were “harsh and difficult”.

    * A Lebanese man who was a prime mover in a £3 million fraud, and who admitted receiving £258,000 from the crime to fund a lavish lifestyle including a Mercedes, a Range Rover and expensive watches. The 40-year-old was jailed for 40 months but allowed to remain in the UK because of the effect that deporting him would have had on his children and wife, who was also jailed for her role in the fraud.

    * A Pakistani man, aged 40, jailed for eight years for conspiracy to import Class A drugs and conspiracy to kidnap, whose lawyers argued that he should stay in Britain because of his “right to family life”.

    Last December the father of a 12-year-old girl who was killed by a hit-and-run driver criticised human rights laws which allowed Aso Mohammed Ibrahim, an Iraqi asylum seeker, to remain in Britain after serving two months in prison.

    Paul Houston said it was “perverse” that after taking the life of his daughter, Amy, Ibrahim was allowed to stay because he has since fathered two children and to remove him would damage his family life.

    Mr Houston said: “The only person deprived of a family life is me.”

    Sir Andrew Green, chairman of MigrationWatch UK, which campaigns against mass immigration, said: “This is just the tip of a very large iceberg.

    “For every human rights case that is won in the courts, many others of a similar nature will simply be granted by Home Office officials in the knowledge that any appeal would simply be allowed.

    “These figures show that the gradual extension of the human rights regime is rendering it progressively more difficult to remove large numbers of people who on other grounds have no right to stay in Britain.”

    He added: “Worse still, the human rights framework provides no means of balancing the interests of the community against the human rights of the individual.”

    Apart from convicted criminals, other immigrants who faced deportation because they had entered the country illegally or overstayed their visas have also used human rights arguments successfully in their cases.

    They include a Pakistani woman whom the court concluded had handed over phoney documents in a bid to prove she had been living in Britain for 14 years – a point at which illegal immigrants can claim a legal right to remain in the UK indefinitely.

    The senior immigration judge, Alistair McGeachy, commented in his decision: “The tenancy agreement forms … are unpersuasive evidence as it is extraordinary that the letters from both claimed landlords are in exactly the same form.

    “I consider that they are nothing more than manufactured evidence to support the appellant’s claim.”

    But he ruled that she could stay in Britain because as a single woman it would be difficult for her to return to Pakistan, and she has friends in Britain.

    Another case involved a 46-year-old, HIV-positive Ugandan woman who arrived on a visa in 2000 but remained in the country after it expired in April 2001.

    The Upper Tribunal Asylum and Immigration Chamber, which heard her case, said she had been receiving NHS treatment because of a “misunderstanding” and it would be wrong to deport her even though she would be a “burden … upon the State” in Britain.

    New Home Office figures obtained by this newspaper show a 17 per cent rise in the number of successful human rights claims by immigrants fighting removal from Britain between January and September 2010, compared with the same period in the previous year.

    There were 303 cases, compared with 258 in the first nine months of 2009.

    Ian Macdonald QC, president of the Immigration Law Practitioners Association, said it was down to growing numbers of appeals being brought against the previous government’s automatic deportation rules, which see removal proceedings begun against any offender jailed for more than a year.

    “I think it is true that they are increasing year on year. I am not in the slightest bit surprised with the increase because with automatic deportation there is no discretion involved,” he said.

    Last year this newspaper disclosed how double killer Laith Alani, an Iraqi, was allowed to remain in Britain on human rights grounds because he would pose a danger to people in his homeland. In 2009 Mark Cadle, 42, from Belize, used the same arguments to avoid deportation after having sex with a 14-year-old girl who he infected with a sexually transmitted disease.

    Damian Green, the immigration minister, said: “Convicted foreign national criminals who refuse to comply with the deportation process should not be allowed to hold the public to ransom. It is not acceptable that the British tax payer should have to pay to accommodate foreign national criminals with no right to be here.

    “Our priority will always be to protect the public. Where the courts say that an individual should not be removed, we have the ability to appeal on a point of law, but are ultimately bound to accept their judgments.

    “We use our right of appeal in as many cases as realistically possible because we want to protect the public.”


  10. Gone said on 30 Jan 2011 at 10:26 am:
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    Tucson 15 year old girl murdered by 3 illegals, are caught on border:


  11. Anonymous said on 30 Jan 2011 at 4:13 pm:
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    Maybe it was them low tax Republicans who wanted to keep there money and not pay an increase in taxes to train all intake officers on this program? The wording is full of legalise that a power point presentation done by some wackjob with a liberal arts degree could NEVER get across to non professional people in a weekend. HEy, it met the bare minumum standards for training! Must be great!!!!

    The reality is that maybe they need a law proffesor and to teach this program at the university level with test and essays. I guess the slide show for its final had bagals and donuts with coffee at the Mariot> LOL

  12. Anonymous said on 30 Jan 2011 at 7:04 pm:
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    Alleged Riverside Brothel Operators Facing Felony Charges
    The Suffolk County District Attorney’s office has sought to pursue felony charges, so far with no plea bargain offer, on the two men who were arrested for allegedly running a Riverside brothel in November.

    Manual Lopez-Garcia and Francisco Israel Gonzalez-Chavirria are currently charged with the felony of promoting prostitution in the third degree, a class D felony, when they were arrested by Southampton Town Police Street Crime Unit as the operators of an alleged brothel on Vail Avenue in Riverside.

    Both men were found to be illegal aliens, and are currently on “ICE hold” by Immigration Customs and Enforcement at the jail in Riverhead.

    During a Jan. 18 court date in Southampton Justice Court before Justice Barbara Wilson, Austin Mangham III, attorney for Lopez-Garcia and Gonzalez-Chavirria, asked for an adjournment, as he said the D.A.’s office did not present to the court exactly what course it intended to pursue. However, Mangham said he understood the D.A. would be offering his clients no plea bargain.

    According to New York State Penal Code, third degree promotion of a prostitute is defined as the following: when someone knowingly, “advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes.”

    Robert Clifford, spokesman for the Suffolk County D.A., responded by e-mail about the case. As to the question if plea bargains were or were not common in prostitution cases, Clifford responded: “I can’t speak to what is common or uncommon – in this case they are charged with felony promoting prostitution. There are ICE (US Immigration and Customs Enforcement) holds on each defendant. This means each defendant will be subject to an immigration hearing and possible deportation at the conclusion of their incarceration if indeed that’s what happens in these two cases.”

    Both men, Clifford said, could face jail time, prison time, probation, or a mix of both if found guilty.

    Mangham said, “They could get six months and five years probation, or just probation. Six months becomes four months with good behavior.”

    If the felony charges stick, the case may move from Southampton Town Justice Court to Suffolk County Criminal Court in Riverside.

    When asked why the D.A.’s office had put no specific course on the table at the Jan. 18 court date, Clifford declined to comment. The Assistant D.A. prosecuting the case is Erin Cho, who also would not comment on the matter when reached by phone.

    Clifford indicated the defendants “do not have priors in Suffolk County.” He could not immediately say if they had been arrested anywhere else in the country.

    Garcia’s residences are listed as Moriches and Guatemala City; Gonzalez-Chavirria as Hampton Bays and Mexico.

    Illegal aliens convicted of a crime in the U.S. serve their time here. As to just where Lopez-Garcia and Gonzalez-Chavirria could be incarcerated, Clifford said, “sentences over one year in duration are served upstate in a prison, one year or less in the local jail. At the conclusion of their sentence, they will be in the custody of ICE.”

    Mangham related that illegal aliens who have finished their sentences and await deportation would be held at a special ICE facility in New Jersey.

    In December, the two women arrested in the November prostitution sting were tried in Southampton justice court; one was released on adjournment in contemplation of dismissal (no charges if she is not arrested in the next year), while the other was charged with disorderly conduct.

    Awaiting upcoming court dates in the matter are the two “johns” arrested in the raid, Luis Gabriel Mateus, and Emigdio Rayes, whose Jan. 12 appearance in Southampton Town Court was moved to Feb. 8 due to inclement weather.

    “Family Values’…don’t ya know…

  13. Vigilant1 said on 31 Jan 2011 at 11:05 am:
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  14. Anonymous said on 31 Jan 2011 at 5:19 pm:
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    Now you know why law enforcement has such a bad attitude!

  15. Mexico said on 3 Feb 2011 at 6:21 pm:
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    36 year old WHITE male rapes two Children then kills himself in Oklahoma city in a kid filled neighborhood in the crime report paper here in the 405 outof 83 captured 18 were Hispanic none illegal 23 black the rest WHITE so while illegal alien crime is every so often WHITE crime is every single day

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