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John Carlos Frey

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Latino Community Remains Silent On Anastasio Hernandez Rojas

Posted: 05/ 1/2012 7:27 am

Last week I sat with Maria Puga as she watched the PBS "Need to Know" episode of an investigation into the brutal beating, tasing and subsequent death of her husband and the father of their 5 children, Anastasio Hernandez Rojas. They had been together for decades when he was deported and then killed by U.S. border officials in May of 2010. I watched her as she sat next to her in laws. They held onto each other and listened and saw the gruesome details of border official brutality and torture. I helped to uncover the videotape that showed over a dozen border officers repeatedly beating a subdued man while he was on the ground. Hernandez Rojas was handcuffed and hogtied. Border officials used a taser, beat him with billy clubs as well as kicked and punched him repeatedly. The family members, while they watched, averted their eyes, hunched over in pain and cried.

In total, U.S. border officials have killed at least eight border residents in the past two years. Some of the victims were undocumented, three were standing in Mexico and two were U.S. citizens. The Department of Homeland Security and the Department of Justice have kept the details of the investigations secret. For a year, I tried to publicize the disturbing case of Hernandez Rojas and seven other victims of border patrol related shootings. I struggled to find a news agency willing to run this story. I had videotape evidence of a man being beaten to death by federal officers and national media was not interested. I am grateful to Need to Know for having the courage to produce the episode as well as The Nation Institute for helping to fund my investigation but I couldn't stop thinking about why other national media outlets were not willing to air this story. Is the brutal killing of an undocumented immigrant by U.S. officers less important than Rodney King or Trayvon Martin?

After the videotape evidence of Anastasio Hernandez Rojas was released on Friday, April 20 there was some national press reaction. Some local affiliates and national cable networks picked up the story for a day and aired the gruesome video but where was national NBC, CBS or ABC? Where was FOX News? Where were the primetime cable shows? More importantly, where was the Latino community or the Mexican government? One of our own was tortured and killed and we have a videotape to prove it yet we remained silent.

I have been a resident of Los Angeles for 25 years. I remember the Rodney King video. I remember the reaction from the community and the press coverage and of course I remember the riots. Rodney King survived his brutal beating and today, he speaks out against racism and police brutality. Anastasio Hernandez Rojas did not survive. He left behind his wife, Maria Puga and five children. Since his death nearly two years ago, Maria has attended numerous press conferences and has helped to organize rallies and marches all in the hope of receiving justice. She is not a professional spokesperson. She doesn't speak English. She is a widow and spends most of her time working and struggling to raise her children. A few strong organizations like the Southern Border Communities Coalition (SBCC), Presente.org and American Friends Service Committee (AFSC) have taken up her cause but where is NCLR, MALDEF, LULAC and NALEO? Where is the Catholic Church? Where is the Hispanic Caucus? These organizations have been powerful advocates for the Latino community in the past but so far have remained silent about the homicide of Anastasio Hernandez Rojas.
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On Wednesday, May 3, Maria Puga will travel to Los Angeles and meet with the wife of another border agent brutality victim, Shena Wilson. In March of 2011, her husband, Jose Gutierrez Guzman was tased and beaten by border officials and left in a coma. Wilson had to quit nursing school to tend to her husband's injuries and care for their two children. Maria Puga and Shena Wilson, will hold a press conference to raise awareness and ask the Obama administration and the Department of Justice to prosecute the unresolved cases of violence against border residents. Presente.org, SBCC and AFSC are supporting their efforts with petitions, letters to congress and days of action across the country. Maria Puga will return to San Diego and lead a candlelight vigil in honor of the 8 recent victims killed by border officials. (See details)

I applaud the efforts of the Latino community's long sustained fight for equality and justice. I am proud that the Latino community may cast the deciding vote for many key races in this election season. But if we cannot pressure media to play the damming video of Anastasio Hernandez Rojas on a loop or force the Department of Justice to investigate a two-year old case then we have no power at all. If we cannot focus our collective energy to help Maria Puga, the grieving widow, then we should look at our priorities. The fight for justice begins at home by defending our loved ones. Our strength as the Latino community is our family. Eight families have been destroyed by border officer violence. If the Latino community is going to decide who will be the next president of the United States, we better first decide that a mother's pain and cry for justice is just as important and worthy of our support.

 

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02:07 PM on 05/02/2012
We are all human and we are all capable of dying or living, and the end of our life should not be decided by someone else, especially when you were a threat to no one. This should not just be a immigration/Latino issue, but a HUMAN issue. No human should be treated like this. full out BRUTAL, INHUMAN, AND EVIL...and by the way 5 taserings?,,,one would have been enough...and for all of those who think Anastacio was on drugs, the Doctor himself said the Methaphetamine found in his system was such a small amount ..there was no way that was what killed him..watch the video again guys..and think about it as Anastacio being one of you,, one of your family...or even just your race..the HUMAN RACE..!!
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HUFFPOST SUPER USER
Fred Bronson
America Unite, Export and Deport
09:36 AM on 05/02/2012
The man was deported and then broke the law again when he reentered, he should have stayed home
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HUFFPOST BLOGGER
John Carlos Frey
Documentary Filmmaker and Investigative Journalist
09:00 AM on 05/03/2012
When we allow law enforcement to act with impunity we give up our right to a free society. Law enforcement becomes judge, jury and in this case, executioner. Just as you are advocating for Anastasio Hernandez Rojas to live within the confines of the law, you cannot excuse those that are sworn to uphold it.
01:54 PM on 05/10/2012
Great article Mr. Frey!..I am glad someone knows what they are talking about.. We need more people like you in this country. I have been following this case since 2010 and I still cannot understand why justice has not been executed. I also do not understand how many people living in this "free country" don't understand that its not just about an undocumented person being killed, its about our justice system being ignored and our rights as (free) humans being sabotaged ...Thank you for bringing some light into the darkness and for peing persistent with this matter..Latinos, Hispanics, Chicanos, Mexicans all appreciate it!
11:11 PM on 05/01/2012
No one should be beaten, tazered and otherwise physically harmed if they are "peacefully" entering our nation. However, foreign nationals who attempt to circumvent authorized border inspection ports should be physically apprehended, physically detained and physically repatriated in ways that are humane and civil. If the trespassing alien uses force to gain entry into our nation then appropriate counter-force should be employed to repel that alien.
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Eno
More of the same ol same ... A change has to come.
05:51 PM on 05/01/2012
Great article Mr. Frey. I hope that you continue your work of spreading the word of the Latino/Hispanic plight in this country.

There is one main reason this is not front news - Latinos/Hispanics are second class citizens in America. Every Latino and Hispanic is thought to be here illegally. We are all grouped and defined as "Mexican". We have no real leaders at the presidential level.

It’s not till we Latinos make up a larger majority that we will effective change. This is what most politicians are scared of. Latino control. This is the reason we are now seeing an ever increasing hostile immigration policy out of states like Arizona and Alabama. The proof is in the pudding, our elected leaders are trying to keep America White.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
07:29 PM on 05/01/2012
Thanks Eno - strong points
10:25 AM on 05/02/2012
When I was active in the civil rights movement back in the 60s, I would never have believed that I would ever see a black President of the USA. The progress the US has made is astounding for me and most of us who were active politically.

I live in Texas and to say that all Latinos are thought to be illegals is more than absurd, it is an outright lie. Just because it suits you to say that does NOT mean it is true which is why you have so few people getting upset about this case. We do not still live in the 60 and 70s where there were such problems. If you wish to see real second class citizenship, I suggest YOU move to Mexico and become a naturalized citizen and THEY will teach you something about that. You will be barred from running for any elective office, will not be able to get any governmental job such as police, firefighter, etc.. You will not be able to go to public universities with the same rights as native born Mexicans, etc..

You also missed the defeat of Rep. Ortiz in his re-election bid by an Anglo, Farenthold, in a district that is 70% Hispanic. If a Democrat cannot win in those conditions, your idea that more Hispanics will solve things is wrong.
06:01 PM on 05/02/2012
Bravo. Excellent post, randyjet.
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BlairCase
05:38 PM on 05/01/2012
Many posters seem to think that the Sanford Police Department tried to protect George Zimmerman from prosecution. However, the Sanford Police Department and Zimmrman had an adversarial relationship. When the Sanford Police Department quashed an investigation against a police lieutenant's son who had beaten a homeless black man outside a Sanford bar, George Zimmerman wrote and printed four different protest flyers calling for charges to be filed against the police lieutenant's son. He passed out the flyers in front of African-American churches and put them on cars in black neighborhoods. The protests that Zimmerman help launch led to the early resignation of the chief of police and 10 Sanford police officers were investigated by the sheriff's office. The lieutenant's son was charged with assault and battery.
06:12 PM on 05/04/2012
Please explain how this is related to the article.
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Snake1994
Snakebite!
02:24 PM on 05/01/2012
Why was he killed after being deported? Was he trying to re-enter? Isn't it the border patrol's job to stop illegal immigrants?
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Jorge Escondido
02:17 PM on 05/01/2012
"border residents"? Thats a new one.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
02:54 PM on 05/01/2012
Yes, Jorge border residents. 8 people have been killed by border agents in the past two years. 3 of them were shot in killed while still in Mexico, they never crossed the border - what do you call them? 2 victims were U.S. citizens - what do you call them? They all lived along the border on both sides of the fence - border residents - any better ideas?
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Fran Jaime
Yo Soy 132!
08:37 PM on 05/01/2012
Thank you, John Carlos for fighting the good fight! I am going to send the link to your post to PROCESO and La Jornada here in Mexico City.
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Jerry Bourbon
04:57 PM on 05/04/2012
Would you be referring to that rock throwing "child" in Juarez, among others? You know, the one who had a Juarez PD arrest record as long as my arm...
Donna Meness
www.findmaisyandshannon.com
01:25 PM on 05/01/2012
The Indian Defense League of America was established on December 1, 1926 to resist colonial ignorance and abuse of the rights of Indians in North America. The IDLA was established as a political organization with the sole purpose of protecting the Inherent Rights of Indigenous Peoples, and to guarantee unrestricted passage on the continent of North America for our People.

The IDLOA annual BORDERCROSSING CELEBRATION is ALWAYS THE THIRD SATURDAY IN JULY ...alternating from each side of the settlers' border.

So this coming year:

85nd Annual Border Crossing Celebration

The IDLA membership would like to formally invite you to join us in our annual Free Border Crossing to celebrate our Treaty and Inherent Rights as Indigenous Peoples at the Border.

SATURDAY JULY 21TH, 2012

CONTACT US AT:
Beverly Hill (President) (716)297-5297

Indian Defence League of America
PO Box 305
Niagara Falls NY, 14302

Contact us at idla@live.com for more information!
http://www.facebook.com/group.php?gid=13902305963

Contact us at idla@live.Ā­com for more informatio
Ā­n!
http://wwwĀ­.facebook.Ā­com/group.Ā­php?gid=13Ā­902305963

ā€œBasic Call to ConsciousnĀ­essā€.
http://wwwĀ­.idloa.orgĀ­/pages/desĀ­kaheh.html

see also:

http://httĀ­p-server.cĀ­arleton.caĀ­/~domarsha/Ā­4302/LeaguĀ­eofIndianNĀ­ations.pdf

http://wwwĀ­.eculturalĀ­resources.Ā­com/news/9Ā­90.html
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BeasTT
01:08 PM on 05/01/2012
John,

The reason why you won't see the main stream media play the video being mentioned is because most people don't care.

I know it sounds crude and even harsh, but people would say "come here legally."

You have 65% of the US people agreeing with SB 1070, when have you seen such a huge number of people agree to anything by that level ?
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
02:08 PM on 05/01/2012
It's one thing to not want undocumented immigrants to enter the U.S. - That is understandable. It is another thing to brutally beat a subdued and handcuffed man to death.
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HUFFPOST SUPER USER
BeasTT
05:00 PM on 05/01/2012
John,

I agree with you, but I came here legally, from a country whose immigrations laws are downright brutal. I guess I lack empathy with this issue, because I followed the law. It is such a shame that others could not follow in my footsteps.
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markspence
05:44 PM on 05/01/2012
The immediate cause of the death was the Tasing. However, there was a proximate cause of death, namely methamphetamine use. Rojas had a high level of meth in his system, and the autopsy showed that he had been using meth for an extended period of time

If but/for the meth use, there is a chance Rojas would be alive today.
12:36 PM on 05/01/2012
I followed the Trayvon case since signing the petition at change.org and am now following Anastasio's. It's very sad to see the differences in media coverage and lack of public outcry. I have signed the petition at presente.org, posted it on facebook along with the pbs documentary and democracy now interviews, I also posted the press conference with the family back in 2010. I'm doing my best to spread the word. What else can I do? Where are our leaders? Do we have any that will speak up for us?
11:11 AM on 05/01/2012
Support justice for Anastasio and his family -
sign the petitions to Holder and Obama at:

http://act.presente.org/sign/anastasio/?source=presente_website

http://signon.org/sign/justice-for-anastasio
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
11:27 AM on 05/01/2012
It is a simple act that has impact.
10:29 AM on 05/01/2012
I have a good idea why the other groups are not getting involved, because this guy was a poster boy for stricter immigration laws. He was working at a job that many other Americans would take, he was getting at least $5,000/yr EIC payments from the US Treasury when he filed his income tax, plus he got all of his income tax he paid during the year back. So if he did that for at least 20 of the 25 years he was here illegally, he got over $100,000 over the course of his time here. Then he had free surgery done on his ankle.

From all the evidence his proponents provide, he was NOT a model prisoner and fought the guards at every chance. The reason the BP agent had to kick the inside of his foot and ankle was that he refused to place his feet apart so that they could do a pat down search. That is standard procedure by the way, and shows his combative response. Then we find he was using drugs, though whether or not it was enough to affect him, he still had shown combative actions in the past.

So there is no question that the fight and tazing caused his death, the FACT is HE was the initiator in all those cases. It is a real stretch for any pro-illegal group to make a case for him being a good law abiding citizen.
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HUFFPOST BLOGGER
John Carlos Frey
Documentary Filmmaker and Investigative Journalist
10:53 AM on 05/01/2012
You speak like you were there. It is interesting that you use taxes and salary to justify someone's death. I wonder if DHS policy is to use a taser on someone who is handcuffed and hogtied and break five of his ribs while he is subdued.
11:38 AM on 05/01/2012
is what randyjet is saying true?
04:18 PM on 05/01/2012
John .... and you write like you were there....which you weren't. You don't know what happened that nite on the border and neither do I. The only people who know what took place are the BP agents. We don't know what prompted the confrontation, do we? We don't know what words were exchanged between Mr. Rojas and the BP, do we?

In fact, all we know is that Mr. Rojas was tased by the BP and wrestled to the ground. All we know is what is in the tapes, so pls stop trying to aggravate an already sensitive situation.
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cadaei
Hey everyone, look at me!
11:14 AM on 05/01/2012
He was working a job that many other Americans would take - so what? Presumably he was the best candidate or else those many other Americans would have been hired instead. Perhaps you should blame the employer who hires people who are here illegally rather than the individual who is working hard to feed his or her family.

Whether or not he was a "good, law-abiding citizen" isn't relevant, and the fact that he wasn't a model prisoner hardly justifies the brutality and the above-the-law approach exhibited here and which seems to be the norm for law enforcement agencies these days. It's part of a wider trend in which law enforcement agencies are turning into heavily-armed paramilitary forces. Whether it's the "war on drugs" or the "war against illegal immigration", our law enforcement agenices believe they're at war. Woe to those that happen to end up as their enemy. It's not you yet, but it may be some day.
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realitytrumpsbull
Two 'alves of coconut!
10:18 AM on 05/01/2012
Recently, they had a US Border Patrol agent fleeing the other agents, hurling bricks of pot out the window while driving down the road. Just exactly what kind of monkey circus are they running, there? You figure that the basic tool of apprehending someone, is strength in numbers. Hitting people, tasing them, so forth and so on, sure...it works, but not as well as having 10-20 people committed to apprehension excellence, bundling the detainee-to-be into the back of the cruiser for their joyous appointment with the criminal justice system, possibly somewhat the worse for wear, but alive. What kind of training do our folks on the border get, how can it be improved, made safer, better, more effective? Given the determination of some people to NOT observe things like US immigration law, maybe this is an important area to focus on. The old days when you could just assert territory by shooting offenders openly, well, that was the Wild West, this is 2012, and there's laws, now.
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HUFFPOST SUPER USER
ugly american
"I drank what?"- Last words of Socrates
06:22 PM on 05/01/2012
Our CBP officers endure endless hatred, abuse and even assault from the other side of the border. Actually, given what they have to put up with every day, it's a wonder why things like this don't happen more often.
Law officers are human too and when their job involves daily abuse and the immediate threat of injury or death, reaching the point where they may snap is fairly easy. Add that to the fact that the country across the fence would like things to go back to the way they were in 1840, and you have a very volatile mixture. It's bound to boil over sometimes.
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Viper1st
multi quasi faceted