On Tuesday, a legal watchdog group filed a Freedom of Information Act (FOIA) lawsuit against the Department of Homeland Security (DHS) to obtain records detailing Homeland Security’s investigation of Carlos Martinelly-Montano, an illegal alien charged with striking and killing a Virginia Benedictine nun in a drunk driving accident on August 1, 2010.
Officials from the non-partisan, non-profit Judicial Watch did obtain an internal DHS report on the Martinelly-Montano investigation in response to a previous lawsuit.
Now the group seeks all communications between the DHS and the Obama White House, as well as internal DHS records regarding the investigation and the report (Judicial Watch v. U.S. Department of Homeland Security (Case No. 11-725)).
On February 16, 2011, Judicial Watch sent an FOIA request to the DHS seeking access to the following:
~ Any and all records of communications, contacts, or correspondence with the White House and/or Executive Office of the President concerning a report/memorandum prepared at the direction of the United States Secretary of Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano, an unlawfully present alien charged with killing a Benedictine nun and injuring two others in a August 2010 drunk driving incident in Prince William County, Virginia for the period of October 1, 2010 through February 15, 2011.
~ Any and all records of communications, contacts, or correspondence within the Department of Homeland Security concerning a report/memorandum prepared at the direction of the United States Secretary for Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano for the period of October 1, 2010 through February 15, 2011.
On March 3, 2011, Judicial Watch obtained an edited "final" DHS report detailing the agency’s investigation of Martinelly-Montano. DHS had promised a federal court that it would release the report earlier in the year, but afterward claimed that the document was in "draft" form and therefore would not be released. The final report is curiously dated November 24, 2010.
It details the policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes, to remain on the streets despite being subject to deportation. Specifically, the report confirms that the Obama administration decided to not detain the illegal alien after he served his jail sentence for other offenses, and to release him onto the streets.
"The suspicious manner in which the DHS handled the release of this report merits further investigation. There is no question the ‘final’ report released to the public was edited and polished by DHS, and it smacks of a cover-up. The American people deserve to know who was involved and what information was withheld," said Judicial Watch President Tom Fitton.
"Even in its edited form, this report is an indictment of the Obama administration’s lax approach to illegal immigration enforcement. Illegal alien sanctuary policies almost certainly led to the release of Martinelly-Montano and subsequently to the death of Sister Denise Mosier," Fitton said.
Carlos Martinelly-Montano, who entered the country illegally as a child from Bolivia, is charged with killing Sister Denise Mosier and critically injuring two other nuns while driving drunk in Prince William County, Virginia.
He is charged with involuntary manslaughter and drunk driving. Martinelly-Montano had previously been arrested in October 2008 for another drunk driving incident and was placed in the custody of U.S. Immigration and Customs Enforcement (ICE). Though he was scheduled for deportation, his hearing was delayed three times, and deportation never occurred.
Jim Kouri, CPP, formerly Fifth Vice-President, is currently a Board Member of the National Association of Chiefs of Police, an editor for ConservativeBase.com, and he’s a columnist for Examiner.com. In addition, he’s a blogger for the Cheyenne, Wyoming Fox News Radio affiliate KGAB (www.kgab.com). Kouri also serves as political advisor for Emmy and Golden Globe winning actor Michael Moriarty.
He’s former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations. He’s also served on the National Drug Task Force and trained police and security officers throughout the country. Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He’s a news writer and columnist for AmericanDaily.Com, MensNewsDaily.Com, MichNews.Com, and he’s syndicated by AXcessNews.Com. Kouri appears regularly as on-air commentator for over 100 TV and radio news and talk shows including Fox News Channel, Oprah, McLaughlin Report, CNN Headline News, MTV, etc.
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