Ezili Dantò's Note: At his bond hearing, Perlitz withdrew his bond request for now. This is a small victory, but a victory nonetheless for all children. Considering that last time in court, on Oct. 8, Perlitz's attorney kept pointing out how massive Mr. Perlitz's support was, implying the children of Haiti had no support and stating outright that our children are liars, not to mention detailing in how corrupt Haiti is as the reason why Perlitz is being wrongly accused. This time in court, the children of Haiti had more people there to support them than Mr. Perlitz's so touted "supporters" which were mostly no-shows. Thank you all who wrote and asked judge not release Perlitz on bond. The process has just begun...more later on our next steps. We suspect, as more information is made available on this case more of Mr. Perlitz's supporters and prospective bond financiers will be asking to remain anonymous. But all children need protection and we publicly campaign against this demand for secrecy. HLLN shall insist that every Douglas Perlitz's supporter ought to be able stand in front of the entire community and say they are standing by Mr. Perlitz' innocence. Too many times in Haiti's past we've seen, as we just saw with the arrest of ex-priest and accused pedophile John Duarte, that the authorities are willing to make arrests but, as for instance in the John Duarte case, categorically refuse to name the hotel in Port au Prince where Mr. Duarte was having sex with children. This is exactly the sort of thing Save the Children did last year when it announced that UN peacekeepers in Haiti and NGO workers were sexually abusing Haiti's children, but did not name the UN peacekeepers nor the NGO charities involved. Not even their countries or NGO's. Our investigation show an entwine international network in Haiti and a systematic cover up, it seems by the authorities to keep this matter as "isolated incidents" when it is not. Thus, in this case with defendant Douglas Perlitz, those who wish to stand with him ought to be sure enough of him and his innocence not to hide their names as his attorney appears to be asking in the motions filed in court yesterday. If Douglas Perlitz is the "saint" that his attorneys say he is - just simply a wrongly accused white American in a "Hatfield/McCoy" caper concocted by Haiti's children and teachers, if that is so, as his attorneys are vociferously pleading, then there ought not to be a problem with revealing who the 19 "people of fine standing in the community, as well as of sufficient financial means," many from Fairfield County, who will agree to post the required $5 million bond for the Douglas Perlitz. Haitians are asking for transparency. We have had ENOUGH of secrecy in abuse cases. Haitians are still waiting for the UN authorities to RELEASE the investigation of the 108 Sri Lankan soldiers accused of sex abuse and rape of minors in Haiti and deported back, in disgrace, to Sri Lanka. It's been almost two years and the UN investigation has never been made public to Haitians. This is the sort of racist double standard, complicity and capriciousness HLLN finds an abuse of power by supposedly lawful and respected authorities. We shall explain our concerns to the world and go people-to-people as we just did with this Perlitz case, as the Haitian public does not seem to be getting anywhere with those in power, or who have taken power illegally (the 10,000 NGOs in Haiti and the UN forces) and who are supposed to be protecting and defending democracy, justice, and Haitian welfare. Ezili Danto/HLLN October 28, 2009 ************* Recommended HLLN Link: Photos of Haitians speaking out on Douglas Perlitz case outside the courthous Chris Simmons Mirror's photostream - http://www.flickr.com/photos/44084891@N05/4052783297/ http://www.margueritelaurent.com/pressclips/Desalin09.html#holocaust09 - Perlitz detained without prejudice, defense plans to eventually ask for release http://bit.ly/p2VqG - Perlitz withdraws bond request - A victory for children. Thank you all who wrote and asked judge not release Perlitz http://bit.ly/1AnTXW - Feds: Haiti abuse suspect sought boys while in US http://bit.ly/146tzi - Direct from Okap: Lakounewyork interview with Cyrus Sibert on Douglas Perlitz case - http://bit.ly/ V8RqV - New motions filed in Perlitz case http://bit.ly/ 3e627E ****************************in this post************** monitor Perlitz when the Siriannis could Ezili Dantò's Note: Perlitz withdraws bond request - A victory for all children. This time in court, the children of Haiti had more people there to support them than Mr. Perlitz's so touted "supporters" which were mostly no-shows. Thank you all who wrote and asked judge not release Perlitz. The process has just begun...more later on our next steps. We suspect, as more information is made available on this case more of Mr. Perlitz's supporters and financiers will be asking to remain anonymous. But all children need protection and we shall insist that every Douglas Perlitz supporter ought to be able stand in front of the community and say they are standing by Mr. Perlitz' innocence. To many times in Haiti's past we've seen, as we just saw with the arrest of ex-priest and accused pedophile John Duarte that the authorities are willing to make arrest but, as for instance in the John Duarte case, categorically refuse to name the hotel in Port au Prince where Mr. Duarte was having sex with children. This is exactly the sort of thing Save the Children did last year when it announced that UN peacekeepers and NGO workers were sexually abusing Haiti's children, but did not name the peacekeepers or the NGO charities involved. Our investigation show an entwine network in Haiti and a systematic cover up. Thus in this case with Mr. Perlitz, those who wish to stand with him ought to be sure enough of him and his innocence not to hide their names as his attorney appears to be asking in the motions filed in court yesterday. Ex-Fairfielder accused of abusing Haitian boys drops bond bid By Michael P. Mayko, STAFF WRITER, Connecticut Post, Oct. 28, 2009 http://www.connpost.com/breakingnews/ci_13658998#at http://bit.ly/1AnTXW - Perlitz detained without prejudice, defense plans to eventually ask for release, October 28, 2009 By Chris Simmons, Fairfield Mirror http://fairfieldmirror.com/2009/10/28/perlitz-detained-without-prejudice-defense-plans-to-eventually-ask-for-release/ - Feds: Haiti abuse suspect sought boys while in US http://bit.ly/146tzi ************************************************* Ex-Fairfielder accused of abusing Haitian boys drops bond bid By Michael P. Mayko, STAFF WRITER, Connecticut Post, Oct. 28, 2009 http://www.connpost.com/breakingnews/ci_13658998#at http://bit.ly/1AnTXW NEW HAVEN -- The former Fairfield man accused of molesting Haitian street orphans at a charity he established to help them will remain in jail indefinitely after his plan to post bond today was withdrawn. Lawyers for Douglas Perlitz, a graduate of Fairfield University who was given an honorary degree by the school in 2002 for his charitable work, told federal Magistrate Judge Joan G. Margolis this morning they need more time to complete paperwork as they try to raise Perlitz's $5 million bond. They also are trying to find more people in the area willing to host Perlitz in their homes while he awaits trial. The delay in Perlitz's attempt to post bond came hours after a federal prosecutor advised the judge that the accused was trolling Internet sites shortly before his Sept. 16 arrest in Colorado, "conducting Google searches" for "gay boys black" "Colorado Haitians" and "africa boyz" and Yahoo searches for "gay black boys," according to Assistant U.S. Attorney Krishna Patel. "Moreover, the initial findings indicate that Perlitz's activities on the computer included access to forum pages which included places where people could post personals, arrange for meetings and identify cruising places," the prosecutor said. The delay was sought by Perlitz's lawyers, William F. Dow III and David Grudberg. Earlier, the defense lawyers said 19 people, many from Fairfield County, each have agreed to post $100,000 to $325,000 to help the defendant reach the required $5 million bond. Previously, Perlitiz's mother, brother and uncle agreed to post $2.3 million in property they own. But Grudberg had asked Margolis in court documents filed yesterday not to release the names of the individuals pledging to help pay Perlitz's bond, who he said are "people of fine standing in the community, as well as of sufficient financial means" to the public. "Each of these individuals was promised that financial information would be shared with the court only if it was certain that information would remain sealed from public view," the lawyer wrote the judge. Additionally, Grudberg proposed that several Fairfield residents agreed to serve as back-up third party custodians to Anthony and Laura Sirianni, who have agreed to allow Perlitz to live with them in their Fairfield home on Congress Street home until his trial. Anthony Sirianni, a retired lawyer, is confined to a wheelchair because of multiple sclerosis. These individuals would supposedly monitor Perlitz when the Siriannis could ******************************* Perlitz detained without prejudice, defense plans to eventually ask for release October 28, 2009 By: Chris Simmons, Fairfield Mirror http://fairfieldmirror.com/2009/10/28/perlitz-detained-without-prejudice-defense-plans-to-eventually-ask-for-release/ After a flurry of motions the day before, the hearing on the detainment of Doug Perlitz '92 was largely anticlimactic. On a rainy Wednesday morning, Perlitz was led into the Court Room 3 at the Richard C. Lee U.S. Court House in New Haven with a denim jacket covering his khaki prison jumpsuit, with his family sitting behind him for support. Meanwhile, a group of Haitian supporters sat across the court room, stating they were providing a voice for the children. William F. Dow III, Perlitz's lead lawyer, opened by saying that the federal Magistrate Judge Joan G. Margolis had set forth conditions for release, but the defense had not yet met the requirements. Dow asked for the right to continue the matter at a later date if the defense should choose to. The government's petition for detainment was granted without prejudice. "It's an extraordinary bond requirement," said Dow after the hearing. "It involves a bunch of moving parts, like playing three-level chess." He said that the bond issues were largely mechanical and that the defense plans to eventually contest the detention once it has better met the bail requirements. During the initial portion of the hearing, before the 20 day recess and continuation, the judge seemed to indicate that she would accept a bond in the $4-5 million range along with increased third-party custodians. This hearing comes on the heels of two motions filed yesterday, one by Dow outlining a new proposed package for release, which included 19 other people to raise bail money along with 12 more third-party back-up custodians. Dow said that motion was just an outline of a package and that it is a"dynamic one, not a static one, pieces have to be filled in." That motion was followed by a rebuttal by the government. The government also attached "Exhibit A," which stated that after a very preliminary investigation by an Immigrations and Customs Enforcement agent, Perlitz's computer was found to contain over 100 images of nude black males performing sex acts along with numerous URLs to various sex Websites. "We haven't seen any information about what they are alleging with the computer," said Dow. "There is nothing illegal about any of the conduct the government described." He added that these type of allegations are intended to serve as "lightening rods" to raise support for the prosecutor's case in the public eye. But in the end the allegations may have accomplished that goal, at least according to those who attended to speak against Perlitz's potential release. The new information may have helped turn the tide against releasing Perlitz, according to Henri Alexander, a lawyer and member of the Haitian Lawyers Leadership Network (HLLN). He said that he thought that some people who may have been willing to support Perlitz now do not want their names associated with the case. Alexander, along with Ezili Danto, the founder of the HLLN, attended the hearing along with 10 Haitians to give the people of Haiti a voice after the previous hearing which was well-attended by Perlitz supports, a fact pointed out several times by Dow during that portion of the hearing. "We're not too, too informed about the case," said Odelin Francois, the president of Global Network for Progress, which strives to provide impoverished children an education. "But from what we've heard, we feel he is praying on poor black kids. He gives them bread and education so he can use them. Black kids are not for sale and not for abuse. We can provide for ourselves, we don't need these people." Gina Magloirie, another Haitian who came up from New York City to support the motion to detain Perlitz, said that the next time, even more Haitians would come. She compared it to the time when Haitians were blamed for AIDS and they "shut down New York City and marched across the bridge. We made history and we will do it again." She was referring to April 1990 when more than 50,000 people crossed the Brooklyn Bridge, poured in lower Manhattan and surrounded City Hall to protest a Food and Drug Administration ban on blood donations from Haitians as a precaution against spreading AIDS. Magloirie said that she and her fellow Haitians will come to the court house "until the judge is tired of seeing our faces. We will be here in snow, rain, we don't care." After the hearing, supporters of detaining Perlitz stood outside holding signs with phrases such as, "Justice for the Haitian Children,"No Bail for Pedophile," and "Doug Perlitz Pedophile." Paul Kendrick '72, who has spoken out against releasing Perlitz on bail, also attended the hearing, making the trip from Maine. Kendrick plans to meet with Fairfield University administrators in early November and call on them to raise money for the school in Haiti that Perlitz founded. It is currently being supported by remaining members of the Haiti Fund, including current chairman Michael McCooey, who split away when allegations were made against Perlitz. They did not sign a letter, as some board member did, defending Perlitz. Kendrick again emphasized that the University should try to help the suffering Haitian children, rather than try and distance themselves from the case. The Project Pierre Toussaint school is currently being watched by guards paid for by McCooey, according to Kendrick, because it is a target for looting and vandalism. Pictures from the protest outside the courthouse http://www.flickr.com/photos/44084891@N05/4052783297/ ********************************* Feds: Haiti abuse suspect sought boys while in US By JOHN CHRISTOFFERSEN (AP) – October 28, 2009 http://www.google.com/hostednews/ap/article/ALeqM5jHXHsfz2shb7W93Ztvf_BqCN94QgD9BK84IO0 NEW HAVEN, Conn. — Federal prosecutors say a Colorado man charged with sexually abusing nine boys at a school he founded in Haiti was using his computer while in the United States to search for boys. Authorities made the accusations in court papers as they argued that 39-year-old Douglas Perlitz should not be released from prison while he awaits trial. A judge kept him detained after his attorney said at a hearing Wednesday that he needed more time to come up with a large bond package. Authorities say Perlitz enticed children at the Project Pierre Toussaint school in Cap-Haitien into sex acts by promising them food, shelter, cash, cell phones, electronics and shoes. Perlitz has pleaded not guilty. His attorney says he did nothing illegal in the U.S. Copyright © 2009 The Associated Press. All rights reserved. ******************************************************** Forwarded by Ezili's Haitian Lawyers Leadership Network ******************************************************** Perlitz detained without prejudice, defense plans to eventually ask for release http://bit.ly/p2VqG Perlitz withdraws bond request - A victory for children. Thank you all who wrote and asked judge not release Perlitz http://bit.ly/1AnTXW Feds: Haiti abuse suspect sought boys while in US http://bit.ly/146tzi Direct from Okap: Lakounewyork interview with Cyrus Sibert on Douglas Perlitz case - http://bit.ly/V8RqV New motions filed in Perlitz case http://bit.ly/3e627E Perlitz Court Date Moved, Groups Raise Awareness of Perlitz, O'Brien Cases by Tom Cleary, Fairfield Mirror, Oct. 15, 2009 http://fairfieldmirror.com/2009/10/15/perlitz-court-date-moved-groups-raise-awareness-of-perlitz-obrien-cases/ Jesuits, diocese asked to help sex abuse victims Group protests handling of sex abuse allegations by Genevieve Reilly, Connecticut Post, Oct. 15, 2009 http://www.connpost.com/ci_13572777 Letter-writing campaign aims to keep Perlitz jailed By Michael P. Mayko, Connecticut Post, Oct. 14, 2009 http://www.connpost.com/ci_13552096?source=most_viewed Haiti's Holocaust and Middle Passage Continues http://www.margueritelaurent.com/pressclips/Desalin09.html#holocaust09 Thank you: Haitian children had no public voice in this process until you came on the scene http://www.margueritelaurent.com/pressclips/Desalin09.html#noula Help Haiti's children - Demand that accused US pedophile, Doug Perlitz, not be set free on bond http://www.margueritelaurent.com/law/abuse.html#stoprelease |
mercredi 28 octobre 2009
Perlitz withdraws bond request for now - A victory for all children | Haitians at Court House speak out on the Douglas Perlitz case | Photos (Fairfield Mirror) from Perlitz hearing today
Ex-Fairfielder accused of abusing Haitian boys may be freed today.
Ex-Fairfielder accused of abusing Haitian boys may be freed todayBy Michael P. Mayko STAFF WRITER Updated: 10/28/2009 09:10:10 AM EDT NEW HAVEN -- Early this afternoon, former Fairfielder Douglas Perlitz will learn if he will remain in jail until his trial on charges that he sexually abused Haitian street boys that he set out to help, or be released on approximately $5 million bond to stay in the home of a disabled Fairfield lawyer and his wife while awaiting trial. But Assistant U.S. Attorney Krishna Patel maintained in court papers filed late yesterday that some "very preliminary findings" by a U.S. Immigration and Customs Enforcement forensic investigation of the computer obtained from Perlitz when he was arrested Sept. 16 in Colorado shows that the user "Doug was conducting Google searches" for "gay boys black" "Colorado Haitians" and "africa boyz" and Yahoo searches for "gay black boys." "Moreover, the initial findings indicate that Perlitz's activities on the computer included access to forum pages which included places where people could post personals, arrange for meetings and identify cruising places," the prosecutor charged. Perlitz faces the molestation charges in connection with the Haitian charity, Project Pierre Toussaint, that he founded as way to help street orphans in the impoverished nation. In Haiti, Cyrus Sibert, a journalist who met with Perlitz's alleged victims last week, told the Connecticut Post the victims fear they may be pressured or even hurt by Perlitz supporters in their homeland. Here, David Grudberg, who with William F. Dow III represents Advertisement But Grudberg asked U.S. Magistrate Judge Joan G. Margolis in court documents filed yesterday not to release the names of the individuals pledging to help pay Perlitz's bond, who he said are "people of fine standing in the community, as well as of sufficient financial means" to the public. "Each of these individuals was promised that financial information would be shared with the court only if it was certain that information would remain sealed from public view," Grudberg wrote the judge. Additionally, Grudberg proposed that several Fairfield residents agreed to serve as back-up third party custodians to Anthony and Laura Sirianni, who have agreed to allow Perlitz to live with them in their Fairfield home on Congress Street home until his trial. Anthony Sirianni, a retired lawyer, is confined to a wheelchair because of multiple sclerosis. These individuals would supposedly monitor Perlitz when the Siriannis could not. Patel urged Margolis to require the $5 million bond be secured by cash or property and to reject the request of 12 rotating custodians. Others like Marguerite Laurent, president of the Haitian Lawyers Leadership Network which has an office in Stamford, and Paul Kendrick, co-founder of the Maine chapter of Voice of the Faithful, which advocates for victims of sexual abuse by Catholic clergy, mounted a letter-writing campaign urging Margolis to keep Perlitz in custody. Both are expected to attend this morning's hearing. Perlitz, 39, formerly of Fairfield, has spent this month jailed in the Wyatt Detention Center, Central Falls, R.I. He is under indictment on federal charges that he traveled overseas to engage in sexual conduct with young boys in Haiti. He has pleaded not guilty to the charges. Sibert, who has corresponded with the Connecticut Post via e-mail, contends there are many more than the nine abuse victims Patel names in the indictment. "My reports indicated there are more than 20 victims," wrote Sibert, who said he has worked as a print and radio journalist since 2002 and is a member of five professional groups, including the Society of Professional Journalists. He began reporting the allegations against Perlitz in 2007 in Haiti. He said U.S. investigators spoke to 12 victims and based their case on allegations from nine. He said the victims fear being killed "by people they don't know, people in the society and authorities who used to profit from Doug Perlitz." Dow said Perlitz denies all these allegations and branded Sibert as a "shock jock ... whose familiarity with veracity is infrequent and insubstantial." The defense lawyer maintained that for 13 years Haitian boys living on the street benefited from Perlitz's work "only to have it abandoned by people who sought to overtake the program for their own end." Dow said the paperwork his office has filed in connection with Perlitz's bond shows there is "substantial and widespread" belief in his client's innocence. |
Création d'Emplois, Libertés et Droits Individuels, et Sécurité Publique/ Joel Deeb Chairman
Joel Deeb Chairman Omega Consultants & News 26 Octobre 2009 Un éminent économiste Haitien, le professeur Parnell Duverger, m'a dit une fois ceci : « la pauvreté est sans doute la face la mieux connue d'une médaille unique dans sa laideur, et dont l'autre face expose un chômage paralysant, sinon destructeur ». Evident, n'est-ce pas ? Sans aucun doute, surtout lorsqu'on est forcé de conclure que, pour le pays le plus pauvre de notre hémisphère, un programme intensif de création massive d'emplois productifs et rémunéteurs, doit être au coeur même de tout effort sérieux visant à réduire considérablement la pauvreté parmi nous, et détruire son long cortège de malheurs : absence de revenus, de logements et de soins de santé, malnutrition, analphabètisme, ...pour n'en citer que quelques uns. Dans une économie de marché, même comme elle existe en Haiti, la création massive d'emplois productifs et rémunérateurs relève principalement du secteur privé national qui, outre les entrepreneurs propriétaires de grandes ou petites entreprises, inclut aussi les participants au marché des ressources, ainsi que les consommateurs des biens et services offerts par les producteurs autant nationaux qu'étrangers. La haute intensité, l'énorme fréquence et la profondeur de la couverture géographique nationale des échanges ou transactions librement éxécutés par et entre les membres de ce secteur privé, entre autres choses, déterminent le rythme élevé ou non du processus de création de la richesse, axé sur le développement des ressources et de l'emploi productif. Privés de leur liberté d'agir et/ou de la jouissance, totale ou partielle, de leurs droits exclusifs de propriété sur leur propre personne et sur les biens économiques qu'ils produisent ou acquièrent, les agents privés d'une économie nationale de marché affichent une paralysie qui ne conduit, ultimement, qu'à la dégradation et le repli de l'économie nationale et à l'expansion du chômage. Qui se proposerait d'utiliser ses ressources propres ou personelles dans l'acquisition d'un bien économique quelconque sous le dictat d'une autre personne, d'un groupement ou d'une organisation, d'une part, et sans posséder, d'autre part., le droit exclusif d'exclure ou d'admettre, à sa guise, une participation quelconque à la jouissance d'un tel bien économique, par toute autre entité ? Et, qui consentirait à continuer à subir les rigueurs du travail productif, pour se voir forcé à remettre les fruits de cet effort à des kidnappeurs sans foi ni loi qui violent, rançonnent et assassinent sans pitié ? Le phénomène du kidnapping en Haiti, aujourd'hui, viole et réprime la liberté d'agir des agents économiques privés, ainsi que leurs droits à la pleine jouissance de leurs biens privés, deux fondements essentiels de l'économie de marché. Il maintient la société entière, avec toute l'économie nationale, dans une terreur paralysante qui détruit les meilleures vélléités d'investir, d'entreprendre, de créer des emplois, de travailler, et d'entamer sérieusement ce nécessaire processus de création de richesses économiques indispensables à l'éradication de cette pauvreté honteuse qui nous déshonore tous. Rétablir la sécurité publique en Haiti est donc une condition sine qua none, même si insuffisante, au développement des entreprises, de l'emploi et de l'économie nationale, et de la personne humaine. Dans cette perspective, le kidnapping, ou toute autre forme de terrorisme domestique en Haiti, doit être combattu résolument, courageusement, et avec la plus grande rigueur, jusqu'à une victoire complète, finale et sans équivoque de notre société. Joel Deeb Chairman Omega Consultants & News 26 Octobre 2009 |
Douglas Pelitz : Emission ''Lakou New York'' nan Tribinal Connecticut.
Mèsi pou entèvyou a jodia Konpatriyòt Cyrus, N ap salye ou epi remèsye ou pou tan ak enfòmasyon ou te pataje ak oditè emisyon Lakou NY yo jodi a. Anplis fòk nou remèsye ou tou pou dilijans ou sou dosye sila a ki pèmèt jounen jodi a vakabon Perlitz gen dwa ap parèt devan jij. N ap prezan nan tribinal la demen. N ap ranmase son epi n ap fè foto. Nou disponib si ou ta enterese fè entèvyou pou emisyon pa ou lakay. Nou mete tout emisyon nou yo nan achiv nou nan entènèt la pou pèmèt moun ki vle koute nenpòt lè k bon pou yo. Men lyen ou ka ale pou koute emisyon jodi a. http://www.lakounewyork.com/emisyon10-27-09.mp3 fòs ak kouraj, Dahoud Andre |
Direct from Okap: Lakounewyork interview with Cyrus Sibert on Douglas Perlitz case
http://www.lakounewyork.com/emisyon10-27-09.mp3
************************************************************** Forwarded by Ezili'sHaitian Lawyers Leadership Network *************************************************************** |
Douglas Perlitz
October 27, 2009 Nate Nickerson Executive Director Konbit Sante Health Partnership Portland, Maine Dear Nate, I will be attending Douglas Perlitz's bond hearing in New Haven tomorrow. I will be joined there by U.S. and Haitian advocacy groups who do not want Perlitz released on bond. I would like to he able to tell them that Konbit Sante, the medical group from my hometown that has joined in partnership with the Justinian Hospital in Cap Haitian, has sent a letter to Judge Margolis requesting that Perlitz not be released on bail. Please contact me today. Regards, Paul Kendrick 207 838 1319 |
New motions filed in Perlitz case.
Attorney Philip Allen Lacovara provides personal guarantee for safety of children
October 27, 2009 Philip Allen Lacovara Attorney at Law Mayer Brown Law Firm New York, NY Dear Mr. Lacovara, I do not understand why you have not responded to my request of two weeks ago. In my letter, I pointed out that you, your wife, Madeline, and nine other individuals signed a letter in which you declared that Doug Perlitz is innocent of all child sex abuse allegations brought against him. In addition, you said that the alleged victims are liars. Mr. Lacovara, you are a partner in a prestigious New York law firm. By signing the letter in which you defended Perlitz from any and all child sex abuse charges, you have in a real sense provided a personal guarantee to moms and dads that their children are safe from Perlitz. You are also guaranteeing that if Perlitz is released on bond, no child in Fairfield County will be sexually molested by Perlitz and no child in Haiti will be threatened or intimidated by him. It appears you are willing to put your personal and professional reputation (and the lives of children) on the line for the sake of Douglas Perlitz. You are willing to take risks with the lives of innocent children that I am not prepared to take. Where is your voice? Do not be afraid. Please issue a public statement that explains to concerned parents why they need not worry about Perlitz's presence in the community. Paul Kendrick Freeport, Maine 207 838 1319 Begin forwarded message:
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lundi 26 octobre 2009
UNE DELEGATION D’HOMMES HAITIENS & CANADIENS DANS LE NORD D’HAITI.
Texte et Photos par Cyrus Sibert, Cap-Haïtien, Haïti. Radio Souvenir FM, 106.1 : souvenirfm@yahoo.fr Le Ré.Cit. (Réseau Citadelle) : www.reseaucitadelle.blogspot.com Une délégation d'hommes d'affaire haïtiens et canadiens dirigée par Kerlande Mibel et Reginald Saint-Fleur de la Jeune Chambre de Commerce Canado-haïtienne au Québec, encadrée par Junia Barreau, Vice Consul des Affaires Economiques au Québec et Frantz Liautaud de la Chambre de Commerce et d'Industrie Haïtiano-canadienne, est arrivée au Cap-Haitien le samedi 24 septembre 2009. Accueillie par Malherbe Dorvil, Président de la CCIPN (Chambre de Commerce d'Industrie et des Professions du Nord), elle a visité la Citadelle et a rencontré la presse locale. Au cours d'une conférence de presse organisée à l'Hôtel Roi Henri Christophe, les membres de la délégation qui participaient à la Conférence des Hommes d'Affaire de la Grande Caraïbe à Port-au-Prince se disent prêts à investir en Haïti. Ils cherchent des partenaires en Haïti. Plusieurs compagnies auront à travailler avec des partenaires locaux, sur des projets, dans des secteurs comme l'assainissement, l'agroalimentaire, la communication et le tourisme. Aux dires des membres de la délégation, ils ne sont pas des touristes mais des entrepreneurs prêts à investir avec des partenaires locaux, prêts à lancer seuls des entreprises qui n'existent pas encore dans le Nord d'Haïti, si les études de marché sont positives. Car, produisant déjà pour la région caribéenne, pour des pays comme Porto-Rico, Jamaïque, Bahamas…, cela ne pose aucun problème de venir s'établir en Haïti, l'un des plus grands marché de la région. Déjà, ils ont signé plusieurs accords de partenariat avec des entreprises établies dans la Capitale haïtienne. La délégation promet de rencontrer la presse avant son départ. RESEAU CITADELLE (Le Ré.Cit), le 26 Octobre 2009, 01 heures 33. |
dimanche 25 octobre 2009
DOUGLAS PERLITZ : GOVERNMENT'S MEMORANDUM IN SUPPORT OF MOTION TO DETAIN
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA : :: v. : 3:09CR207(JBA)(JGM) :: DOUGLAS PERLITZ : OCTOBER 9, 2009 GOVERNMENT'S MEMORANDUM IN SUPPORT OF MOTION TO DETAIN The Government moves for pretrial detention of the defendant because he is a sexual predator who has used a charitable institution that he himself founded to gain access to an incredibly vulnerable population – street children in Haiti - for a ten-year period of time so that he could sexually molest those children. Given the presumption of detention under the law because the charges involve crimes of violence against minors, the length of time that the defendant has engaged in abusing children, the manner in which he accessed the children, the level of control and manipulation he has maintained over individuals in Haiti (some of which is outlined in the Indictment) where the abuse occurred, the victims that he targeted, his access to millions of dollars of donated monies, his demonstrated willingness to live in one of the poorest countries in the world, and his extensive travel over the last ten years even though his own personal income was relatively low, there are simply no conditions of release Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 1 of 16 2 that can assure the safety of children in the community and his appearance in Court. I. BACKGROUND On September 15, 2009, a federal grand jury returned an Indictment charging Douglas Perlitz with seven (7) counts of traveling with the intent to engage in illicit sexual conduct, in violation of Title 18 U.S.C. § 2423(b), and three (3) counts of engaging in illicit sexual conduct in foreign places in violation of Title 18 U.S.C. § 2423(c). The charges are based on allegations that Perlitz sexually abused nine boys in Haiti over a ten-year period of time. The Indictment charges that in or about 1997, Perlitz founded Project Pierre Toussaint ("PPT") which was established as a boys school in Cap-Haitien, Haiti, located on the North Coast of Haiti. PPT provided services to street children of all ages. The staff of the intake center included American volunteers who received a small stipend for their work as well as Haitians who were involved with a variety of day to day operations. In or about 1999, The Haiti Fund, Inc. (the Haiti Fund), was incorporated as a charitable, religious and educational organization and operated as the fund-raising arm of PPT. The members of the board of the Haiti Fund were all individually chosen by a close friend and influential religious leader who had Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 2 of 16 1 The term boys and children is used interchangeably in this memo. Many of the boys or children have now reached the age of majority. The allegations of abuse, however, occurred when they were under 18 years of age. 3 met and befriended Perlitz while Perlitz attended college in Connecticut. Over 2 million dollars was transferred from the Haiti Fund to an account that Perlitz controlled in Haiti. These monies did not include other significant capital expenses and other expenses that were directly paid by the Haiti Fund for PPT. In addition, it has recently come to light that there may have been funds raised on behalf of the Haiti Fund that cannot be accounted for. While Perlitz was the director of PPT, Perlitz appears to be the only individual with access to, and control over, the monies that were sent to Haiti by the Haiti Fund. Perlitz had access to an enormous sum of money by Haitian (and American) standards and thus far there does not appear to be an accurate accounting of what happened to these monies. Moreover, many witnesses, including the children who have informed authorities that they were sexually abused by Perlitz, and others have provided statements regarding the sums of cash that Perlitz was constantly carrying around with him. The boys1 who are victims identified in this case have notified ICE agents and others that Perlitz used the money to control them, to gain Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 3 of 16 4 access to them, and to entice them so that he could sexually abuse them. All of the children who are identified as victims in the Indictment have been personally interviewed both by the National Haitian Police ("HNP") as well as ICE agents in 2009 as part of ICE's investigation. All of them have stated their willingness to come to the United States to testify. In fact, the Government has obtained video-taped statements from many of the boys. While some of the boys are currently over 18 years of age, the allegations of sexual abuse charged in the Indictment occurred prior to any victim turning 18. ICE agents have also interviewed other individuals including Haitian staff and American volunteers who have spoken directly to children. Some of the other adult individuals who worked at PPT (both Haitian and American) have confirmed that the children told them about the sexual abuse that Perlitz inflicted upon them. ICE agents have also spoken directly with the members of the HNP who conducted a separate investigation in early 2008. Members of HNP confirmed that they spoke directly to children during their investigation. Significantly, many more than the nine children reported to HNP that they were sexually abused by Perlitz. It does appear that the Haitian Government has issued a provisional arrest warrant for Perlitz. Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 4 of 16 5 Moreover, in the Spring of 2008, the Haiti Fund hired a private firm in Haiti to investigate the allegations of sexual abuse of children by Perlitz. The report indicates that some children reported being abused by Perlitz and others reported that they were not abused by him. At least one of the individuals that the private firm spoke to is an identified victim in the Government's case. That individual reported to the private security company that he was sexually abused by Perlitz. II. LAW Section 3142(e) of the Bail Reform Act of 1984 requires that a defendant shall be detained pending trial if it is determined, after a hearing, that "no condition or combination of conditions will reasonably assure the appearance of that defendant as required and the safety of any other person and the community..." Indeed, the Bail Reform Act was amended on April 30, 2003, to include a presumption of detention in most cases involving sexual offenses against children. This amendment, which is referred to as the Protect Act, creates a presumption of dangerousness for individuals who, like the defendant, are charged with violating 18 U.S.C. § 2423. Section 3142(e) further states, "[s]ubject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 5 of 16 6 there is probable cause to believe that the person committed . . . an offense involving a minor victim under section . . . 2423 . . . of this title." This presumption was based in part on the Congressional determination that "[s]ex offenders and child molesters are four times more likely than any other violent criminal to repeat their offenses against children. This number demands attention, especially in light of the fact that a single child molester on average shatters the lives of over 100 children." 149 Cong. Rec. H3066 (daily ed. Apr. 10, 2003) (statement of Rep. James Sensenbrenner). As set forth in the Indictment, the defendant is charged under 18 U.S.C. 2423(b) and 2423(c) with intending to engage in, and engaging in, illicit sexual conduct with minors in Haiti. Moreover, a federal grand jury has already determined that there is probable cause to believe that the defendant committed ten crimes involving nine separate boys. As such, the United States is entitled to a presumption under 18 U.S.C. §3142(e) "that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community." 18 U.S.C. 3142(e). The burden is on Perlitz to overcome that presumption by producing evidence to establish that there are conditions of release which will ensure both Defendant's appearance at trial and the safety of the community. Moreover, as explained in Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 6 of 16 7 United States v. Mercedes, 254 F.3d 433, 437-38 (2d Cir. 2001), the factors that would normally weigh in favor of release such as citizenship and ties to the community do not overcome the presumption against pre-trial release. See United States v. Tomero, 169 Fed. Appx. 639, 641 (2d Cir. 2006) (citing Mercedes, the Court held that "factors favoring release such as citizenship and strong ties to the community do not overcome [the] presumption again[st] pre-trial release where defendant was charged with a violent crime and the evidence against him was strong"); see also United States v. Hir, 517 F.3d 1081, 1086 (9th Cir. 2008). In evaluating whether there are conditions of release which will ensure the appearance of Perlitz and the safety of the community, the Court must consider: (1) the nature and circumstances of the crimes charged; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant, including family ties, employment, financial resources, community ties, drug or alcohol abuse history, past conduct; and (4) the nature and seriousness of the danger to the community or to an individual that would be posed by release. See 18 U.S.C. § 3142(g). Even if a defendant has met his burden of production relating to danger to the community and risk of flight, the presumption favoring detention does not disappear, but "remains Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 7 of 16 8 in the case as an evidentiary finding militating against release, to be weighed along with other evidence relevant to factors listed in § 3142(g)." Hir, 517 F.3d at 1086, citing United States v. Dominguez, 783 F.2d 702, 707 (7th Cir. 1986). III. DISCUSSION As set forth herein, the Government submits that based on the applicable law and evidence in this case, there are no conditions or combinations of conditions that will adequately ensure the safety of the community and deter flight. See 18 U.S.C. § 3142(g). Danger to the Community Perlitz has been charged with ten crimes of violence, as that term is defined in Title 18, United States Code, § 3156(a)(4). The circumstances of these crimes portray an individual who has set up an extensive charitable organization with the support of influential members of a community who provided significant financial support for him. The nature and circumstances of the offense, along with the strength of the evidence and seriousness of the danger posed by a man who has acted on his sexual desires towards children, demand pretrial incarceration of this defendant. In this case, the defendant is accused of actual, hands-on sexual abuse, namely with real children who are exceptionally Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 8 of 16 vulnerable. The facts that the conduct occurred in a foreign country, and that the children are located in a foreign country, should provide this Court no comfort with regard to the danger he poses to children generally. There can be no doubt that from 1998 until 2008, Perlitz was focused on children. He obtained large sums of money to open up a boys school in Haiti. He was the director of the school. Many witnesses have testified that he controlled every aspect of, and everyone at, PPT. He has even been referred to as the "King" of PPT. The children (and others, including Americans) that have come forward to date have talked about a hierarchy among the boys, where the boys who engaged in sex acts with Perlitz who received protection, money and material things while the others did not. By his own admission, discussed below, as well as through statements from many witnesses, Perlitz engaged in very disturbing behavior by permitting children to constantly sleep in his bedroom with him while he was the director of PPT. Even after the allegations of abuse publically surfaced in Haiti in 2007, Perlitz nevertheless returned to PPT and continued to have boys sleep in his room. In or about April 2008, Perlitz was directed by the Haiti Fund not to return to PPT. In July 2008, members of the HNP met with individuals from the Haiti Fund to discuss the findings of its investigation. As noted above, in the Spring of 2008, the Haiti Fund had separately hired a security company to look into the allegations of the abuse. Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 9 of 16 2 The Government notes that some of the individuals have reached the age of majority but all of the "children" being referred to were at one time street children who had been enrolled at PPT. 10 Even after Perlitz was no longer permitted to return to PPT and after he became aware that the Haiti Fund had begun an internal investigation into the sexual abuse allegations (and that the HNP had separately reported its findings to members of the Haiti Fund), Perlitz nevertheless remained focused on continuing his relationship with children2 formerly associated with PPT. In July 2008, Perlitz was residing in Fairfield County, Connecticut. Although he halted all further travel to Haiti (where he may have been subject to arrest), witnesses have confirmed that he instead began traveling to the Dominican Republic to meet children who had previously been associated with PPT. Travel records also confirm that Perlitz began to travel frequently to the Dominican Republic during that latter part of 2008 (and also confirm the fact that he stopped traveling to Haiti). See Exhibit 3. Perlitz himself has admitted his on-going connection to a group of boys (some who likely have reached the age of majority) in Haiti. At the time of Perlitz's arrest (after being provided with Miranda warnings), Perlitz made statements to ICE agents regarding his continuing contact with children in Haiti. Perlitz admitted to S/A Lundt that he traveled to the Dominican Republic Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 10 of 16 11 as recently as March 2009 to see "his kids." He also stated that he is in daily contact with individuals from Haiti. Perlitz admitted speaking to "boys in Haiti." He further admitted to receiving 17 phone calls from Haiti the day before his arrest. He further stated to Agent Lundt that he "lost his father" when he was only 24 years old. He went on to say that this was traumatic for him. He stated that "molestation would be tough" but that "victims should just get over it." He told Agent Lundt that he "got over" his father's death and "even though it was tough he moved on" and he said that abuse victims "need to move on and get over it." During a separate conversation, when discussing Perlitz's work at PPT, Perlitz admitted to S/A Lundt "that some boundaries were crossed and would not be condoned." When S/A Lundt asked him what he meant by boundaries, he noted that boundaries were crossed when he permitted children to stay overnight in his room with him but he denied any sexual contact with these children. Telephone records for Perlitz demonstrate frequent and constant activity with individuals in Haiti. It appears that Perlitz is constantly communicating with a small group of individuals formerly associated with PPT. These individuals communicate with Perlitz about providing them with money. Western Union records have confirmed that beginning in 2008 and continuing through 2009, Perlitz was sending money to a small Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 11 of 16 12 group of individuals in Haiti. The Government is aware that most of the wire transfers were to individuals formerly enrolled in PPT. If Perlitz was so brazen as to engage in such a long-term scheme to access a vulnerable population and to continue to visit with and contact individuals who were formerly street children enrolled at PPT in light of all of the investigations surrounding these allegations, he clearly is very focused on either controlling these individuals or has little control over his sexual impulses towards minors. In either case, he presents a clear and continuing danger. It is also worth noting that adult witnesses and children have informed ICE agents that Perlitz had at times an incredible temper. More importantly, two adult American witnesses have advised that they left PPT and became afraid while they were there because of this temper. Even some of the most stringent release conditions, such as electronic monitoring, would be insufficient in this case. While electronic monitoring can often minimize the risk of flight of defendants pending trial, it cannot adequately address the danger posed by those with a demonstrated sexual interest in children because electronic monitoring can only provide information on where a defendant is, and not what he is doing. Depending on the type of electronic monitoring used, there are various Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 12 of 16 13 limitations. With radio frequency monitoring, involving an ankle or wrist device, the location monitoring equipment only reports when a defendant enters or leaves the equipment's range--not where the defendant has gone or how far the participant has traveled. Electronic monitoring reveals absolutely nothing about the activities of the defendant, such as whether he has children in his house or in his presence, or whether he is communicating with minors over the Internet or via the telephone. Risk of Flight The crimes charged involve very serious penalties. The strength of the evidence as outlined above, combined with the likelihood of a significant prison sentence, provide a powerful incentive for this defendant to flee. With regard to the strength of the evidence, as noted above, the Government has obtained statements from all nine boys in Haiti regarding the sexual abuse allegations, including in many instances video-taped statements. The HNP's investigation corroborates that Perlitz engaged in sexual abuse of certain children. The Haiti Fund's internal investigation corroborates the same findings. Many adult witnesses (both Americans and Haitians) have provided compelling evidence regarding their concerns about Perlitz's sexual abuse. In addition, the defendant has a history of extensive international travel. His travel records and passport entries Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 13 of 16 3 Exhibit 1 is a copy of two of Perlitz's passports. The first passport was valid from July 2000 until July 2010. It appears that in 2008 Perlitz had to obtain a second passport because he no longer had sufficient pages for the stamps. Therefore the second passport is valid from March 2008 until 2018. Exhibit 2 is a copy of the ICE summary showing Perlitz's travel from April 1997 until December 2003. This summary will only show the port of exit and the initial foreign port of entry. It will not provide details of any further travel from the initial port of entry nor will it show any travel direct from Haiti to another foreign port. 4 In light of defendant's own admission regarding his financial situation, the Government will be requesting a Curcio hearing to determine who is paying defendant's legal fees. We will also be asking the Court to canvass the defendant to ensure that if the fees are being paid by anyone who is a potential subject or witness in this case that Perlitz understands any possible bias and waives his right to complain at a later date that his attorneys did not act in his best interests. 14 reveal significant travel. While a lot of the travel was between the U.S. and Haiti, the defendant has also engaged in significant other travel. See Exhibit 13 (evidencing travel to Thailand, Bhutan, Ecuador, Myanmar, Chile, and the Dominican Republic, among other countries). For an individual whose salary has been quite modest, he clearly has been able to access funds to support extensive international travel. Indeed, Perlitz has admitted to S/A Lundt that he currently only has about $1,000.4 Further, defendant has few ties holding him in Connecticut. Although he did travel back and forth from Haiti to Connecticut, it appears that his purpose when returning to Connecticut was to assist with fund-raising efforts and public awareness for PPT. When he returned to Connecticut, he Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 14 of 16 5 The Government will be requesting an order precluding Perlitz from speaking with any current or former Board member of the Haiti Fund who are all likely witnesses in this case. In addition, the Government will request that Pertliz have no contact with any American volunteer, staff member or any children who had been associated with PPT in Haiti. 15 associated primarily with individuals involved with the Haiti Fund.5 In fact, the address utilized for residency purposes was that of a religious leader who the Government understands no longer resides in Connecticut. Since July 2009, Perlitz has lived and worked in Colorado. Perlitz currently has no employment here in Connecticut. Moreover, the fact that the U.S. Government is in possession of his passport does not mean that he can no longer travel. ICE agents will be able to inform the Court about the movement of individuals across our border without valid entry or exit documents. IV. CONCLUSION For the foregoing reasons, the Government requests that its motion to detain the defendant be granted. Respectfully submitted, NORA R. DANNEHY UNITED STATES ATTORNEY /s/ KRISHNA R. PATEL ASSISTANT UNITED STATES ATTORNEY United States Attorney's Office 915 Lafayette Boulevard Bridgeport, CT 06604 (203) 696-3000 Federal Bar Number ct24433 Case 3:09-cr-00207-JBA Document 4 Filed 10/07/2009 Page 15 of 16 16 CERTIFICATE OF SERVICE I hereby certify that on October 7, 2009 a copy of the foregoing Government's Memorandum in Support of Motion to Detain was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the court's CM/ECF system. /s/________________________________ |