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  Defense Downplays Threats by Perlitz against Two Federal Prosecutors

By Michael P. Mayko
CT Post
December 19, 2010

http://www.ctpost.com/local/article/Defense-downplays-threats-by-Perlitz-against-two-909519.php

NEW HAVEN -- Lawyers for Douglas Perlitz downplayed threats and disparaging remarks he and a younger brother made against two federal prosecutors in telephone conversations recorded last summer at the Wyatt Federal Detention Center in Rhode Island.

Instead, David Grudberg and William F. Dow, III, Perlitz's lawyers, blamed the heated comments on emotion and frustration stemming from the defendant's arrest, detention and eventual conviction for sexually abusing homeless Haitian boys in a program he established to help them.

"The fact remains, however, that the (criminal justice) process often is taxing and frustrating, especially for those in custody," said Grudberg, who will try to convince U.S. District Judge Janet Bond Arterton that Perlitz deserves much less than the nearly 20-year sentence prosecutors are demanding. "This frustration and emotion often leads parties affected by the process to vent in any number of ways -- against their lawyers, against the justice system or against the prosecution...it is vital to differentiate between expressions of frustration and a genuine plot to do harm."

But prosecutors say Perlitz and his brother did more than vent -- they threatened and belittled Assistant U.S. Attorney Krishna Patel's heritage -- knowing their conversations were recorded and would get back to her. However, neither Perlitz nor his younger brother, who lives in Colorado, were charged with any criminal offense related to the alleged threats.

Patel, along with Assistant U.S. Attorneys Richard Schechter and Stephen Reynolds intend to submit a compact disc with the recorded conversations between Perlitz and others as evidence. It is expected that the defense will ask the exhibit to be sealed to prevent it from being given to and played over media outlets.

Perlitz, 40, who just eight years ago was honored with a doctorate and named commencement speaker at Fairfield University for his work in Haiti, pleaded guilty to one charge of traveling from the U.S. to the impoverished country to sexually abuse one of his minor male students. He has since admitted to sexually abusing at least seven others at Project Pierre Toussaint, a three-stage program he created to educate, feed and clothe homeless street boys in Cap-Haitien, Haiti's second largest city.

Come Tuesday, the prosecution team is asking Arterton to consider the threatening phone calls and impose a sentence of 19 years and seven months on Perlitz, who has been in custody since Sept. 17, 2009.

They point to a June 12, 2010 conversation in which Perlitz's brother said he cannot wait to "go after...Patel and Reynolds" and adds that he is "serious" and "does not care" what the consequences are. The prosecution claims he curses while calling Patel "a ... whore," who should be "flipping burgers."

In another call just five days later, the prosecution claims the brother in Colorado told Perlitz he will "track her ass down...where she from, India? I'll track her down."

They say Perlitz laughed while "halfheartedly suggesting that his brother should not say stuff like that."

In a July 14, 2010, recorded conversation, a supporter suggests to Perlitz that Patel "should take care of your own (expletive deleted) country, you (expletive deleted) bitch." The next day the prison phone recorded Perlitz making disparaging remarks about Patel, and claiming "I'll ... kill her."

As a result of these conversation, the U.S. Marshal's Service began an investigation in which Patel was advised that she and her family should take "all necessary precautions and remain vigilant."

Deputy U.S. Marshals in Colorado confronted Perlitz's brother about the calls.

"Given that Perlitz knew his telephone conversations were being recorded, it is rather evident that Perlitz, his brother in Colorado and his supporter sought to intimidate the Assistant U.S. Attorneys...," the prosecution team claims.

Grudberg concedes the language used and the comments made "are not acceptable."

However, he suggests that be taken in context as to what was happening in the case. He also said it "is vital to differentiate between expressions of frustration and a genuine plot to do harm."

He said that the call in which Perlitz threatened to kill Patel occurred on July 15 -- the day new criminal charges were filed in federal court in Brooklyn, N.Y. That occurred just days after Arterton dismissed the indictment against Perlitz in Connecticut.

Grudberg maintains Perlitz "had gone from the high of hearing that his motion to dismiss the indictment had been granted to the low of remaining in custody while new charges were filed."

Both sides are preparing their final arguments for Tuesday's sentencing, which could run into the early evening. The defense has submitted 100 pages of letters to Arterton as well as video-taped statements from at least a half-dozen former students, who commend Perlitz's program for changing their lives.

The prosecution flew six of Perlitz's student victims -- as well as two former Project Pierre Toussaint employees and two investigators from the Haitian National Police from Haiti -- to attend the hearing.

Both those aren't the only sides that hope to be heard Tuesday.

The Haitian Lawyers Leadership Network, headed by Ezili Danto and Henri Alexandre, began an e-mail campaign urging Haitian Nationals to attend the hearing or write the judge.

"Most Haitians know that sexual abuse by foreign tourists, charity workers and priests in Haiti is pandemic," Danto said. "This generation of Haitians must put a stop to this vile abuse and it begins right here on Dec. 21, 2010, at the sentencing of pedophile, Douglas Perlitz."

Danto called Perlitz "a thug and the worst of all possible predators."

"He preyed on poor homeless boys with no ability to defend themselves. He used funds raised in their names to barter for sex and take away these small children's childhood and innocence," she charged.

Danto criticized a Perlitz's supporter who described the defendant as being "the face of Christ on Earth" because of his charitable work.

"That is simply not only slanderous to the great Nazarene but calculating, indecent, mendacious and shameless," she said.

Danto said it's important for Haitians to send a message of deterrence "to protect our children from these malicious and hateful predators...(That) must be our priority and goal on Dec. 21. We say enough abuse. No more impunity for victimizing impoverished Haitians. Period."

 
 

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