1
00:00:02,000 --> 00:00:07,000
Downloaded from
YTS.LT

2
00:00:08,000 --> 00:00:13,000
Official YIFY movies site:
YTS.LT

3
00:00:15,515 --> 00:00:18,727
(low, tense music playing)

4
00:00:27,569 --> 00:00:28,778
(radio beeps)

5
00:00:28,820 --> 00:00:30,780
agent 1 (over radio):
25-43 with 2?

6
00:00:32,323 --> 00:00:33,950
agent 2 (over radio):
That's correct.

7
00:00:35,577 --> 00:00:36,786
(agent 1 speaking)

8
00:00:46,212 --> 00:00:48,214
agent 2:
Alright, 10-4, copy that.

9
00:00:49,674 --> 00:00:52,177
(tense music continues)

10
00:00:52,218 --> 00:00:54,471
(animals chittering)

11
00:00:54,637 --> 00:00:56,639
(dogs barking)

12
00:00:58,099 --> 00:00:59,642
(water lapping)

13
00:00:59,642 --> 00:01:00,727
(radio beeps)

14
00:01:00,769 --> 00:01:01,853
(agent 1 speaking)

15
00:01:09,611 --> 00:01:11,613
♪♪

16
00:01:12,655 --> 00:01:14,657
(helicopter hovering)

17
00:01:20,789 --> 00:01:22,414
(accelerating)

18
00:01:28,922 --> 00:01:31,800
-(heavy breathing)
-(dog barking)

19
00:01:34,719 --> 00:01:36,721
(dogs barking)

20
00:01:38,098 --> 00:01:40,390
♪♪

21
00:01:41,476 --> 00:01:44,521
agent 1:
You know what? This is them.

22
00:01:44,521 --> 00:01:47,023
-(radio beeps)
-I'm on the 42 fence line,

23
00:01:47,065 --> 00:01:48,525
headin' east right now.

24
00:01:48,525 --> 00:01:50,527
agent 2 (over radio):
Alright, 10-4, copy that.

25
00:01:51,402 --> 00:01:52,821
(breathing heavily)

26
00:01:53,696 --> 00:01:55,698
(shrubbery snapping)

27
00:01:57,741 --> 00:01:59,744
(music intensifying)

28
00:02:03,123 --> 00:02:05,125
(music softens)

29
00:02:09,838 --> 00:02:11,673
(indistinct radio chatter)

30
00:02:26,728 --> 00:02:28,731
(quiet chatter)

31
00:02:34,904 --> 00:02:36,114
crew member: No, you're good.

32
00:02:36,156 --> 00:02:37,740
Sit right down
in this chair right here.

33
00:02:37,740 --> 00:02:38,825
Perfect.

34
00:02:39,367 --> 00:02:40,702
Let's see. Perfect.

35
00:02:46,040 --> 00:02:47,375
(interviewer speaking)

36
00:02:51,796 --> 00:02:55,091
Rodney Scott.
So, uh, starting in 1992,

37
00:02:55,133 --> 00:02:58,928
uh, early on, I was
a border patrol agent
here in San Diego.

38
00:02:58,928 --> 00:03:01,973
Um, later the chief, uh,
patrol agent in El Centro,

39
00:03:02,015 --> 00:03:04,934
um, then I bounced back
to San Diego as the chief.

40
00:03:04,976 --> 00:03:07,145
Um, and then, ultimately,
I was asked to be the chief

41
00:03:07,187 --> 00:03:10,190
of the U.S. Border Patrol
in, uh, February of 2020.

42
00:03:17,322 --> 00:03:20,533
(light piano music playing)

43
00:03:21,951 --> 00:03:23,953
Rodney Scott:
At the baseline level...

44
00:03:24,662 --> 00:03:25,788
the United States
Border Patrol

45
00:03:25,788 --> 00:03:28,458
is charged
with protecting America.

46
00:03:29,667 --> 00:03:33,296
It's literally just knowing
who and what is coming
into our home.

47
00:03:34,005 --> 00:03:36,466
You don't know
if it's drug smugglers,

48
00:03:36,466 --> 00:03:38,551
you don't know
if it's human traffickers,

49
00:03:38,593 --> 00:03:40,470
you don't know
if it's terrorists.

50
00:03:41,137 --> 00:03:42,889
And if you don't
have anybody there

51
00:03:42,930 --> 00:03:46,517
figuring out who and what
is coming into our country...

52
00:03:46,559 --> 00:03:48,394
we are at risk.

53
00:03:48,436 --> 00:03:49,478
(car horns honking)

54
00:03:49,520 --> 00:03:51,189
(sirens wailing)

55
00:03:56,402 --> 00:03:59,155
So, we have
328 ports of entry

56
00:03:59,197 --> 00:04:01,824
where people are
supposed to come and go
from the country...

57
00:04:03,243 --> 00:04:06,162
and Border Patrol's job
is just to make sure they do.

58
00:04:06,955 --> 00:04:08,957
(siren wailing)

59
00:04:15,088 --> 00:04:18,091
(light music playing)

60
00:04:23,763 --> 00:04:26,766
(people screaming)

61
00:04:32,438 --> 00:04:34,440
(person yelling)

62
00:04:36,192 --> 00:04:38,194
(person wailing)

63
00:04:39,570 --> 00:04:41,739
(indistinct chatter)

64
00:04:42,699 --> 00:04:44,701
(wailing continues)

65
00:04:46,619 --> 00:04:47,620
(bystander 1 speaking)

66
00:04:50,164 --> 00:04:51,207
(bystander 2 speaking)

67
00:04:57,714 --> 00:04:59,716
(indistinct chatter)

68
00:05:06,889 --> 00:05:09,892
(light music playing)

69
00:05:11,602 --> 00:05:13,438
reporter 1:
He was an illegal immigrant

70
00:05:13,479 --> 00:05:16,566
that officers were trying
to take back to Mexico,

71
00:05:16,607 --> 00:05:19,402
but at the border,
something went wrong.

72
00:05:19,444 --> 00:05:23,072
reporter 2:
The incident happened at
the San Ysidro port of entry.

73
00:05:23,072 --> 00:05:26,784
The man is now in critical
condition at a local hospital

74
00:05:26,826 --> 00:05:29,454
and is not expected
to survive.

75
00:05:29,787 --> 00:05:31,998
(tense music playing)

76
00:05:32,040 --> 00:05:33,750
Ron Newquist:
I think it was around noon.

77
00:05:34,292 --> 00:05:36,085
We had heard something
from the news

78
00:05:36,085 --> 00:05:37,754
about an in-custody death
at the border

79
00:05:37,754 --> 00:05:40,089
-from the night before.
-(phone ringing)

80
00:05:41,257 --> 00:05:45,928
Somebody was on life support,
a Mr. Anastasio Hernández.

81
00:05:46,763 --> 00:05:49,515
Normally, in a regular
homicide investigation,

82
00:05:49,557 --> 00:05:52,685
usually, there's a briefing that
occurs right after the event.

83
00:05:52,727 --> 00:05:53,978
Once they know that,

84
00:05:54,020 --> 00:05:56,105
that death has occurred
or death is imminent,

85
00:05:56,105 --> 00:05:57,648
then the homicide unit
will come out.

86
00:05:58,858 --> 00:06:03,613
But, in this case,
the Border Patrol didn't
tell us about it.

87
00:06:03,613 --> 00:06:07,700
And then we were told
that it was treated like
a medical event,

88
00:06:07,742 --> 00:06:10,953
so people had gone home
from the night shift,

89
00:06:10,953 --> 00:06:12,789
witnesses weren't held.

90
00:06:13,164 --> 00:06:15,291
And the crime scene
had already been cleaned up.

91
00:06:15,291 --> 00:06:16,376
I mean, it was basically gone.

92
00:06:16,417 --> 00:06:19,128
There was no crime scene
investigation.

93
00:06:19,170 --> 00:06:21,798
So, we did not have
a clear picture

94
00:06:21,839 --> 00:06:23,841
of everything that
occurred there.

95
00:06:26,552 --> 00:06:28,554
(distant boat horn blowing)

96
00:06:31,557 --> 00:06:33,308
(birds chirping)

97
00:06:40,274 --> 00:06:41,901
(grass rustling)

98
00:06:51,786 --> 00:06:54,789
(solemn music playing)

99
00:07:07,385 --> 00:07:09,720
(Maria Puga speaking Spanish)

100
00:08:13,493 --> 00:08:15,828
(bell tolling)

101
00:08:32,803 --> 00:08:35,222
♪♪

102
00:09:16,472 --> 00:09:18,474
(siren wailing)

103
00:09:18,516 --> 00:09:20,518
♪♪

104
00:09:23,354 --> 00:09:26,148
reporter: Last month,
Anastasio Hernández died

105
00:09:26,148 --> 00:09:28,484
after being shocked
with a stun gun

106
00:09:28,484 --> 00:09:31,320
by U.S. Border Patrol agents.

107
00:09:31,362 --> 00:09:34,156
First of all,
who was Anastasio Hernández?

108
00:09:34,156 --> 00:09:37,660
He was 42 years old,
he'd been in the U.S.
for 26 years,

109
00:09:37,660 --> 00:09:40,746
crossed as a teenager,
illegally, to work here.

110
00:09:40,788 --> 00:09:43,165
He built pools here,
he had a wife here,

111
00:09:43,207 --> 00:09:46,836
and had five U.S. citizen
children who were living here.

112
00:09:46,836 --> 00:09:51,048
In a few weeks,
we can expect a civil lawsuit
on behalf of the family.

113
00:09:52,883 --> 00:09:55,886
(light, tense music playing)

114
00:09:59,599 --> 00:10:01,559
Gene Iredale:
It was Maria whom I met.

115
00:10:03,311 --> 00:10:05,896
And she was,
of course, distraught.

116
00:10:08,190 --> 00:10:13,404
But she basically said,
"I want justice."

117
00:10:16,365 --> 00:10:19,035
And as I took the case,

118
00:10:19,035 --> 00:10:23,456
I understood that
with a civil case like this

119
00:10:23,497 --> 00:10:25,666
against the Border Patrol...

120
00:10:26,626 --> 00:10:30,254
it's like... killing the king.

121
00:10:31,005 --> 00:10:33,633
You wanna make sure
that you don't miss.

122
00:10:35,217 --> 00:10:37,219
♪♪

123
00:10:39,180 --> 00:10:41,974
We knew this
may be difficult...

124
00:10:43,517 --> 00:10:46,437
but we also knew
from the very beginning

125
00:10:46,479 --> 00:10:49,982
that there was something
more to this case

126
00:10:50,024 --> 00:10:52,943
because the Border Patrol

127
00:10:52,985 --> 00:10:54,403
was requested to turn over

128
00:10:54,445 --> 00:10:57,490
certain evidence
and information,

129
00:10:57,531 --> 00:11:00,326
and in certain
critical respects,

130
00:11:00,368 --> 00:11:01,661
they failed to do so.

131
00:11:03,496 --> 00:11:08,751
Ron:
Early on in the investigation,
we had some witness video,

132
00:11:08,751 --> 00:11:11,212
but you couldn't
really see anything.

133
00:11:12,129 --> 00:11:15,257
So, we wanted to get video
from the Border Patrol

134
00:11:15,257 --> 00:11:17,093
to see what happened
at that spot.

135
00:11:17,093 --> 00:11:19,095
(camera clicking)

136
00:11:19,095 --> 00:11:21,931
It's a section of the border
called Whiskey 2.

137
00:11:22,598 --> 00:11:26,435
And this is right where they
do the deportation walkout.

138
00:11:26,977 --> 00:11:30,690
So, we assumed they would have
cameras there, which they did.

139
00:11:30,731 --> 00:11:32,733
(camera clicking)

140
00:11:33,734 --> 00:11:37,947
But, they said they
did not have the video
from that camera...

141
00:11:39,490 --> 00:11:41,117
and we kept getting
the runaround.

142
00:11:42,493 --> 00:11:45,121
They said they didn't know
how to use the system...

143
00:11:46,038 --> 00:11:48,582
they gave us the wrong
location at one point.

144
00:11:50,167 --> 00:11:53,629
After a while,
they did provide other video

145
00:11:53,629 --> 00:11:56,257
from before they transported
Mr. Hernández...

146
00:11:57,174 --> 00:11:59,176
but that was the best we got.

147
00:12:00,052 --> 00:12:02,471
(siren wailing)

148
00:12:02,471 --> 00:12:04,306
It was frustrating.

149
00:12:04,682 --> 00:12:07,643
You think of the busiest
border in the world,

150
00:12:07,643 --> 00:12:10,271
we could get that video
and that it would exist...

151
00:12:12,148 --> 00:12:13,983
and we never got it.

152
00:12:16,527 --> 00:12:18,529
(car horns honking)

153
00:12:24,034 --> 00:12:25,369
(interviewer speaking)

154
00:12:31,459 --> 00:12:32,626
Rodney:
Yes, I do.

155
00:12:33,335 --> 00:12:36,547
It was an illegal alien that
Border Patrol agents arrested.

156
00:12:36,589 --> 00:12:38,048
They were sending
him back south,

157
00:12:38,090 --> 00:12:39,884
and he kinda flipped out.

158
00:12:39,925 --> 00:12:42,887
Multiple agents responded,
and ultimately, he ended up,

159
00:12:42,928 --> 00:12:44,930
uh, he ended up passing away.

160
00:12:45,890 --> 00:12:47,099
(interviewer speaking)

161
00:12:52,313 --> 00:12:54,356
I don't h-- I don't have
all the specifics of those,

162
00:12:54,356 --> 00:12:56,066
but I know at least
one of the cameras

163
00:12:56,108 --> 00:12:57,777
that they think
something was erased

164
00:12:57,818 --> 00:12:59,528
wasn't a real camera.

165
00:12:59,570 --> 00:13:02,865
It was a decoy camera
that had been installed
years and years ago

166
00:13:02,907 --> 00:13:06,285
when the Border Patrol
had a sub-office right there
at the port of entry,

167
00:13:06,327 --> 00:13:09,038
and it was to deter people
from jumping the pedestrian gate

168
00:13:09,038 --> 00:13:10,414
and running north,

169
00:13:10,456 --> 00:13:14,543
uh, but it, literally, was like
1990s-era fake camera,

170
00:13:14,585 --> 00:13:16,879
that was never
hooked, uh, to anything.

171
00:13:16,879 --> 00:13:20,049
San Diego has very limited,
uh, video capability,

172
00:13:20,090 --> 00:13:21,926
and most of it
is pretty outdated.

173
00:13:21,967 --> 00:13:24,053
There-- There was
nothing that was--

174
00:13:24,053 --> 00:13:25,763
I've not seen
any evidence whatsoever

175
00:13:25,805 --> 00:13:28,432
that anything was deleted
or is missing.

176
00:13:29,809 --> 00:13:30,810
(interviewer speaking)

177
00:13:33,187 --> 00:13:35,815
There's no deleted video. No.

178
00:13:39,193 --> 00:13:42,196
(light music playing)

179
00:13:44,281 --> 00:13:45,783
(distant sirens wailing)

180
00:13:46,450 --> 00:13:48,828
reporter 1: 10News has
uncovered new details tonight

181
00:13:48,869 --> 00:13:52,164
about the immigrant who died
after being deported.

182
00:13:52,206 --> 00:13:54,165
The autopsy results
have now been released

183
00:13:54,208 --> 00:13:57,628
on the controversial death
of Anastasio Hernández.

184
00:13:57,670 --> 00:14:01,090
But it only adds
to the mystery of what
actually happened.

185
00:14:05,678 --> 00:14:07,513
reporter 2:
The San Diego medical examiner

186
00:14:07,555 --> 00:14:09,932
is listing the cause of death
as a heart attack

187
00:14:09,974 --> 00:14:12,268
due to the altercation
with law enforcement.

188
00:14:13,978 --> 00:14:17,481
But the coroner also found
methamphetamines in his blood,

189
00:14:17,523 --> 00:14:19,108
which raised the question,

190
00:14:19,108 --> 00:14:21,026
had methamphetamines
somehow contributed

191
00:14:21,068 --> 00:14:22,903
to the altercation?

192
00:14:27,408 --> 00:14:29,285
court reporter: Would counsel
please introduce yourselves

193
00:14:29,285 --> 00:14:31,287
and state who you represent?

194
00:14:31,829 --> 00:14:34,623
Gene: Gene Iredale
for the plaintiffs,

195
00:14:35,499 --> 00:14:39,128
and I'm here with Maria Puga,
who is the widow.

196
00:14:42,923 --> 00:14:46,510
Now, you understand
that you're under oath?

197
00:14:46,552 --> 00:14:48,846
-I do.
-And that that oath requires you

198
00:14:48,888 --> 00:14:50,639
to tell the truth
in this deposition?

199
00:14:51,181 --> 00:14:52,182
Yes.

200
00:14:53,601 --> 00:14:57,021
Gene: Let's talk
about the encounter
with Mr. Hernández.

201
00:14:57,730 --> 00:15:02,026
From your observations
of Anastasio's demeanor,

202
00:15:02,067 --> 00:15:05,321
he did not appear
to be drunk, correct?

203
00:15:05,362 --> 00:15:07,531
He did not appear to be drunk.

204
00:15:07,573 --> 00:15:11,744
Gene:
And you found no weapons?

205
00:15:11,785 --> 00:15:13,662
-No.
-Gene: Right? Found no drugs?

206
00:15:13,662 --> 00:15:14,663
No.

207
00:15:15,080 --> 00:15:18,250
Gene:
And so, he did not appear to be

208
00:15:18,292 --> 00:15:20,920
under the influence
of drugs, correct?

209
00:15:21,962 --> 00:15:23,964
I don't know that to be a fact.

210
00:15:27,176 --> 00:15:32,014
Gene: At this point, then,
you drove him to the area
known as Whiskey 2?

211
00:15:32,014 --> 00:15:35,017
-Yes, sir.
-Gene: He was going to be
returned to Mexico.

212
00:15:35,059 --> 00:15:38,062
-Yes, sir.
-Gene: So, you began to take off

213
00:15:38,103 --> 00:15:40,105
-the handcuffs from him.
-Yes.

214
00:15:41,607 --> 00:15:44,443
Gene:
Once you took off
one of the handcuffs,

215
00:15:44,485 --> 00:15:47,947
he started to move
around too much,

216
00:15:47,988 --> 00:15:51,575
for your perception
of your safety, is that fair?

217
00:15:51,617 --> 00:15:52,618
Yes.

218
00:15:53,786 --> 00:15:56,121
Gene:
And you grabbed
Anastasio, correct?

219
00:15:56,163 --> 00:15:57,164
Yes.

220
00:15:57,998 --> 00:16:02,419
Gene:
And there was a struggle
between you and him?

221
00:16:02,920 --> 00:16:03,921
Yes.

222
00:16:04,630 --> 00:16:06,632
He was kicking at agents.

223
00:16:06,674 --> 00:16:08,258
He was thrashing,

224
00:16:08,300 --> 00:16:10,928
thrashing around like,
basically, like an alligator.

225
00:16:10,970 --> 00:16:13,597
If you can imagine the TV show,
The Crocodile Hunter,

226
00:16:13,639 --> 00:16:16,225
and what an al--
what a crocodile does
when it's--

227
00:16:16,225 --> 00:16:18,060
when it gets
its game and kills it,

228
00:16:18,060 --> 00:16:19,561
and it starts rolling
and twisting.

229
00:16:20,145 --> 00:16:25,776
Gene:
Do you remember if Mr. Hernández
stopped resisting at any point?

230
00:16:25,818 --> 00:16:29,238
-No, I don't.
-Gene: That never happened
as far as you're concerned?

231
00:16:29,238 --> 00:16:31,907
As far as my memory
goes, no, sir.

232
00:16:31,907 --> 00:16:34,493
Gene:
So, you went in and used force?

233
00:16:34,535 --> 00:16:36,620
I used physical techniques, yes.

234
00:16:36,662 --> 00:16:39,665
-Gene: You-- You quarrel with
the use of the word "force"?
-No.

235
00:16:39,707 --> 00:16:42,084
Gene: You used force, yes?

236
00:16:42,126 --> 00:16:45,587
I thought a better descriptive
would be "physical techniques."

237
00:16:45,921 --> 00:16:48,132
Gene:
Now, do you know the words
in Spanish for,

238
00:16:48,173 --> 00:16:50,175
"I cannot breathe"?

239
00:16:50,926 --> 00:16:52,594
I-- I do not.

240
00:16:52,970 --> 00:16:54,972
Gene:
Did you hear him say,
at some point,

241
00:16:55,014 --> 00:16:57,641
-"I cannot breathe"?
-I did not.

242
00:16:59,768 --> 00:17:00,978
If you're yelling
and screaming,

243
00:17:01,020 --> 00:17:03,063
you're moving air
and you're breathing.

244
00:17:03,313 --> 00:17:04,647
Gene:
You at the time, I believe,

245
00:17:04,690 --> 00:17:07,108
were looking out at a crowd
that was gathering.

246
00:17:07,151 --> 00:17:08,569
-Is that true?
-Yes.

247
00:17:11,821 --> 00:17:16,201
Gene:
And the people in the crowd,
some of them were saying,

248
00:17:16,242 --> 00:17:18,454
"Stop being so brutal,"
or words to that effect.

249
00:17:18,494 --> 00:17:20,789
"Stop what you're doing." Right.

250
00:17:20,830 --> 00:17:22,458
Gene:
"Stop hitting him,
stop hurting him."

251
00:17:22,499 --> 00:17:23,541
Correct.

252
00:17:24,585 --> 00:17:26,045
And, um, I didn't
understand what they were--

253
00:17:26,086 --> 00:17:28,464
I mean, I guess
from his screaming,

254
00:17:28,505 --> 00:17:30,007
when they were, you know,
when he was screaming,

255
00:17:30,049 --> 00:17:32,009
"Stop hurting me,
stop punching me," whatever,

256
00:17:32,051 --> 00:17:33,552
and the crowd kinda
just fueled off of that,

257
00:17:33,594 --> 00:17:36,472
and just basically repeated
what he was saying.

258
00:17:36,513 --> 00:17:38,974
And I looked at-- at him
and I looked at the crowd,

259
00:17:38,974 --> 00:17:40,392
I'm like, who's pun--

260
00:17:40,434 --> 00:17:43,479
Nobody's punching him,
he's just laying on the ground,

261
00:17:43,479 --> 00:17:44,897
banging his head on the ground.

262
00:17:44,938 --> 00:17:46,732
It's all self-inflicted,

263
00:17:46,774 --> 00:17:49,818
so I didn't understand
why he was, I mean, saying that.

264
00:17:49,818 --> 00:17:52,738
Gene:
So, he w-- (stammers) he was
hitting his head on the ground?

265
00:17:52,780 --> 00:17:53,864
Yes.

266
00:17:53,906 --> 00:17:55,324
That was a-- a primary concern,

267
00:17:55,324 --> 00:17:56,825
that he was injuring himself,

268
00:17:56,825 --> 00:18:00,037
and we did not want him
to injure himself or injure us.

269
00:18:00,079 --> 00:18:01,997
Gene:
So, one of the reasons
you took him down

270
00:18:01,997 --> 00:18:04,166
was for his own safety, correct?

271
00:18:04,208 --> 00:18:05,250
Correct.

272
00:18:05,667 --> 00:18:07,669
Gene:
And the crowd foolishly thought

273
00:18:07,711 --> 00:18:10,672
-that there was some
brutality going on, correct?
-Right.

274
00:18:10,672 --> 00:18:12,883
Gene:
And they didn't understand
that Mr. Hernández

275
00:18:12,925 --> 00:18:15,177
was hitting his own head
and causing this pain

276
00:18:15,219 --> 00:18:17,096
-to himself, correct?
-Right.

277
00:18:17,137 --> 00:18:18,889
Gene:
And they didn't understand
that the agents

278
00:18:18,931 --> 00:18:21,350
were merely doing their job
and nothing more, correct?

279
00:18:21,350 --> 00:18:24,061
-They were trying to stop him
from hurting himself.
-Gene: Yes.

280
00:18:24,103 --> 00:18:27,564
And they were able
to do that until, finally,

281
00:18:27,606 --> 00:18:30,234
unfortunately,
he stopped breathing, correct?

282
00:18:32,569 --> 00:18:34,404
-Mm, I-- Yes.
-Gene: Yes.

283
00:18:34,446 --> 00:18:38,033
They-- They helped him
to that extent, at least.

284
00:18:38,075 --> 00:18:40,035
Thank you so much.
That's all I have.

285
00:18:43,288 --> 00:18:46,917
court reporter:
Off the record at 1:25 p.m.

286
00:18:49,962 --> 00:18:51,755
Gene: So, at that point...

287
00:18:52,840 --> 00:18:55,467
we had statements
of the agents...

288
00:18:56,468 --> 00:19:00,305
we had a video where
you couldn't see anything.

289
00:19:01,473 --> 00:19:05,894
And you have
nothing more, no case.

290
00:19:11,483 --> 00:19:13,485
(birds chirping)

291
00:19:14,820 --> 00:19:16,822
(bird cawing)

292
00:19:38,635 --> 00:19:42,347
John Carlos Frey:
I've been a reporter
for a long time.

293
00:19:44,975 --> 00:19:46,977
And my entire career
as a journalist

294
00:19:47,019 --> 00:19:49,188
has been reporting
on the Border Patrol.

295
00:19:51,899 --> 00:19:54,276
So, when Anastasio was killed,

296
00:19:55,319 --> 00:19:57,613
I knew that I had
to look into this.

297
00:19:59,615 --> 00:20:03,827
And I started calling whoever,
whoever was responsible,

298
00:20:03,869 --> 00:20:06,288
Border Patrol,
San Diego Police Department,

299
00:20:06,330 --> 00:20:08,540
and there was really
very little information.

300
00:20:11,084 --> 00:20:14,004
But there were eyewitnesses,

301
00:20:14,046 --> 00:20:16,590
and you can hear them
in the videotape.

302
00:20:18,717 --> 00:20:21,094
The police had never been able
to track them down.

303
00:20:23,180 --> 00:20:28,393
So, for me,
there was this hunt.

304
00:20:30,229 --> 00:20:33,440
(light, tense music playing)

305
00:20:35,442 --> 00:20:37,069
I spent about a month,

306
00:20:37,110 --> 00:20:39,363
and I interviewed people
south of the border...

307
00:20:40,197 --> 00:20:43,033
anybody who was associated
with the case.

308
00:20:44,618 --> 00:20:49,581
And I finally found
another person who
was there that night.

309
00:20:51,583 --> 00:20:57,005
They were up on a bridge,
and they had video.

310
00:20:57,673 --> 00:20:59,549
(siren wailing)

311
00:20:59,591 --> 00:21:01,593
It was new evidence...

312
00:21:02,427 --> 00:21:05,180
but they were very scared
about coming forward

313
00:21:05,180 --> 00:21:07,808
because of retaliation
from the Border Patrol.

314
00:21:10,477 --> 00:21:16,525
So, the person said,
"John can contact me...

315
00:21:16,525 --> 00:21:18,277
"but I'm not gonna
give him the video,

316
00:21:18,318 --> 00:21:19,987
"he can't see the video,

317
00:21:21,029 --> 00:21:24,032
but I'll talk to him
and I'll tell him what I saw."

318
00:21:24,992 --> 00:21:26,994
(siren wailing)

319
00:21:34,710 --> 00:21:36,211
(witness speaking)

320
00:21:41,967 --> 00:21:43,176
(John speaking)

321
00:21:43,719 --> 00:21:44,928
(witness speaking)

322
00:21:46,054 --> 00:21:47,055
(John speaking)

323
00:21:54,980 --> 00:21:56,982
(witness speaking)

324
00:22:01,528 --> 00:22:03,530
♪♪

325
00:22:04,781 --> 00:22:05,991
(John speaking)

326
00:22:09,161 --> 00:22:12,372
(witness speaking)

327
00:22:30,849 --> 00:22:31,933
(John speaking)

328
00:22:31,933 --> 00:22:32,934
(witness speaking)

329
00:22:41,318 --> 00:22:43,320
♪♪

330
00:22:48,950 --> 00:22:52,371
John:
I talked to her
for a long time.

331
00:22:54,039 --> 00:22:57,667
She was, at the time,
22 years old.

332
00:22:59,544 --> 00:23:02,964
And she was really scared.

333
00:23:04,216 --> 00:23:06,968
♪♪

334
00:23:06,968 --> 00:23:09,179
So, she put a kibosh
on everything.

335
00:23:14,434 --> 00:23:16,395
(birds chirping)

336
00:23:18,688 --> 00:23:20,065
Time went by...

337
00:23:21,525 --> 00:23:22,818
months.

338
00:23:24,319 --> 00:23:26,738
But I now had
her cell phone number.

339
00:23:28,073 --> 00:23:32,577
So, I would send her
cases that were highly
suspicious cases...

340
00:23:32,619 --> 00:23:34,371
people being shot,
people being killed,

341
00:23:34,413 --> 00:23:36,748
people being brutalized
at the border.

342
00:23:38,250 --> 00:23:41,211
And I think that
kinda softened her.

343
00:23:43,338 --> 00:23:46,341
It took me two years

344
00:23:46,341 --> 00:23:51,555
but she finally said,
"I'll send you the video."

345
00:23:54,641 --> 00:23:59,646
So, she sent me a CD
in an envelope.

346
00:24:00,856 --> 00:24:03,859
And the return address
was just "Disneyland."

347
00:24:05,861 --> 00:24:07,863
(video playing)

348
00:24:10,115 --> 00:24:11,533
(metallic banging)

349
00:24:16,580 --> 00:24:18,206
-(Anastasio yelling)
-(car honking)

350
00:24:18,790 --> 00:24:19,833
(witness speaking)

351
00:24:20,542 --> 00:24:21,751
(Anastasio wailing)

352
00:24:21,793 --> 00:24:23,879
(indistinct yelling)

353
00:24:31,136 --> 00:24:32,262
(agents shouting)

354
00:24:33,513 --> 00:24:35,432
(yelling continues)

355
00:24:36,558 --> 00:24:37,559
(witness speaking)

356
00:24:41,313 --> 00:24:44,316
(solemn music playing)

357
00:24:48,361 --> 00:24:50,238
(pauses video)

358
00:24:50,655 --> 00:24:53,658
John:
Just go back to the beginning
where you just started.

359
00:24:59,915 --> 00:25:05,921
In the deposition testimony,
the agents say that he got up,

360
00:25:05,962 --> 00:25:07,756
he tried to attack them,

361
00:25:07,797 --> 00:25:12,177
he lunged for them,
he kicked them.

362
00:25:12,219 --> 00:25:16,223
But right now,
I just see somebody
who's lying on the ground.

363
00:25:17,933 --> 00:25:21,394
interviewer:
Alright, let me just do
some noise reduction here

364
00:25:21,436 --> 00:25:23,480
so we can see a little better.

365
00:25:29,027 --> 00:25:31,279
John: So, at this point,

366
00:25:31,279 --> 00:25:34,783
you could hear
one of the agents yell,

367
00:25:34,783 --> 00:25:36,868
three times in a row,
"Quit resisting!"

368
00:25:37,494 --> 00:25:39,496
(chaotic yelling)

369
00:25:39,788 --> 00:25:40,789
(agent shouting)

370
00:25:46,836 --> 00:25:48,672
John:
But he's not resisting.

371
00:25:49,089 --> 00:25:53,468
So, my take on what
is happening here is,

372
00:25:53,468 --> 00:25:56,221
he's not saying
"Quit resisting" to Anastasio,

373
00:25:56,263 --> 00:25:57,681
he's saying "Quit resisting,"

374
00:25:57,722 --> 00:26:00,016
so that everybody
who's watching will think

375
00:26:00,058 --> 00:26:02,686
that this guy
was being combative.

376
00:26:05,188 --> 00:26:09,317
Now, you can see
agents starting to pile
and punch, punch,

377
00:26:09,317 --> 00:26:11,945
you can see that arm
and that fist.

378
00:26:13,238 --> 00:26:17,242
And then, one of the agents,
somehow, grabs his pants.

379
00:26:22,622 --> 00:26:25,709
I mean, I can't tell
what's in an agent's mind

380
00:26:25,750 --> 00:26:30,755
but... it just feels like
they're trying to teach him
a lesson somehow.

381
00:26:31,590 --> 00:26:33,800
Because he's not a threat.

382
00:26:42,601 --> 00:26:45,562
(tense music playing)

383
00:26:46,146 --> 00:26:47,689
(protesters chanting in Spanish)

384
00:26:56,406 --> 00:26:58,700
reporter 1:
Latino community groups
say they want answers

385
00:26:58,742 --> 00:27:02,037
about the death
of Anastasio Hernández-Rojas.

386
00:27:02,078 --> 00:27:03,913
(camera clicking)

387
00:27:03,955 --> 00:27:05,832
(chanting continues)

388
00:27:06,666 --> 00:27:10,211
reporter 2:
Previously undisclosed
video from two years ago

389
00:27:10,211 --> 00:27:12,881
was obtained by reporter,
John Carlos Frey,

390
00:27:12,922 --> 00:27:16,885
and aired
in a national special
Friday night on PBS

391
00:27:16,885 --> 00:27:19,888
has sparked fresh calls
for justice in the case.

392
00:27:19,888 --> 00:27:22,724
reporter 1:
There were similar protests
in several other cities today,

393
00:27:22,766 --> 00:27:26,603
including Boston, Los Angeles,
Miami, and San Francisco.

394
00:27:27,604 --> 00:27:31,066
protester:
Don't hide behind your badge!

395
00:27:31,316 --> 00:27:34,819
Don't hide behind your uniforms!

396
00:27:36,154 --> 00:27:38,990
Tamron Hall:
John Carlos Frey,
what is next in this case?

397
00:27:39,032 --> 00:27:41,951
I know the civil suit's filed.
What is next here?

398
00:27:41,993 --> 00:27:43,411
We don't know
the officers' names,

399
00:27:43,453 --> 00:27:45,747
there are no criminal
proceedings in this case.

400
00:27:45,789 --> 00:27:47,916
The family has been
waiting for two years,

401
00:27:47,957 --> 00:27:50,251
so we're hoping that members
of Congress watch this

402
00:27:50,293 --> 00:27:53,296
and push that stone up the hill
a little bit further.

403
00:27:55,048 --> 00:27:57,092
♪♪

404
00:27:57,092 --> 00:28:00,053
Gene: We already had
a civil case going on,

405
00:28:01,471 --> 00:28:04,849
but after there was
a public outcry,

406
00:28:05,725 --> 00:28:09,688
the Department of Justice
finally gets involved.

407
00:28:12,065 --> 00:28:14,984
They begin a Grand Jury
investigation

408
00:28:15,026 --> 00:28:18,780
to assess individual
criminal culpability.

409
00:28:19,948 --> 00:28:24,452
And it's happening
as we continue to conduct

410
00:28:24,494 --> 00:28:27,122
depositions
for the civil case.

411
00:28:29,708 --> 00:28:33,962
Now, you're aware of an ongoing
Grand Jury investigation,

412
00:28:33,962 --> 00:28:35,422
is that true?

413
00:28:36,297 --> 00:28:38,633
-Yes.
-Gene: And that
the Grand Jury proceeding

414
00:28:38,675 --> 00:28:41,636
is a criminal investigation

415
00:28:41,678 --> 00:28:44,097
into the death
of Anastasio Hernández-Rojas?

416
00:28:44,556 --> 00:28:45,557
Yes.

417
00:28:46,725 --> 00:28:47,934
Gene:
Alright.

418
00:28:49,477 --> 00:28:53,982
On the night of the incident
with Mr. Hernández,

419
00:28:54,023 --> 00:28:59,320
is it true that you were
the person who had tased him

420
00:28:59,362 --> 00:29:03,533
and who was there
when he stopped breathing?

421
00:29:03,575 --> 00:29:04,909
lawyer:
Object, lacks foundation,

422
00:29:04,951 --> 00:29:07,162
and I advise you
to decline to answer.

423
00:29:07,203 --> 00:29:10,206
I decline to answer based
on my Fifth Amendment right.

424
00:29:11,332 --> 00:29:15,545
Gene:
As soon as the tasing began,

425
00:29:15,587 --> 00:29:20,592
you turned to intercept
a man and a woman

426
00:29:20,633 --> 00:29:25,054
that had
a camera phone... correct?

427
00:29:25,096 --> 00:29:28,558
On the advice of counsel,
I, unfortunately, must decline
to answer the question.

428
00:29:29,309 --> 00:29:33,146
Gene:
You attempted to fire the taser

429
00:29:33,188 --> 00:29:38,860
even though he was
not resisting in any way?

430
00:29:38,902 --> 00:29:40,945
I decline to answer
this question.

431
00:29:41,529 --> 00:29:44,866
Gene:
You believed that the man
and the woman

432
00:29:44,908 --> 00:29:48,953
had taken video
of the incident,
is that right?

433
00:29:49,537 --> 00:29:52,749
On the advice of counsel,
I, unfortunately, must decline
to answer the question.

434
00:29:53,625 --> 00:29:57,670
Gene:
You wanted to hurt him.
Is that right?

435
00:29:58,046 --> 00:30:00,048
I decline to answer
this question.

436
00:30:00,423 --> 00:30:05,720
Gene:
And then, you, yourself,
erased the video

437
00:30:05,762 --> 00:30:09,808
on the camera phone... correct?

438
00:30:10,225 --> 00:30:13,561
On the advice of counsel,
I, unfortunately, must decline
to answer the question.

439
00:30:13,603 --> 00:30:15,063
As soon as the Grand Jury
is terminated

440
00:30:15,063 --> 00:30:16,231
and it takes
no further action,

441
00:30:16,272 --> 00:30:18,274
I will be able to respond.

442
00:30:20,527 --> 00:30:23,780
(light, tense music playing)

443
00:30:29,744 --> 00:30:31,162
reporter: Now that
the Justice Department

444
00:30:31,204 --> 00:30:33,998
has confirmed that
a Grand Jury is investigating,

445
00:30:34,040 --> 00:30:35,917
at a press conference
this morning,

446
00:30:35,917 --> 00:30:38,336
the family
of Anastasio Hernández-Rojas

447
00:30:38,378 --> 00:30:41,589
said today it's a step
in the right direction.

448
00:30:43,216 --> 00:30:45,218
(Maria speaking Spanish)

449
00:30:54,394 --> 00:30:56,604
Andrea Guerrero: It seems
the Department of Justice

450
00:30:56,646 --> 00:30:58,439
is, in fact, doing its job,

451
00:30:58,439 --> 00:31:00,275
they committed to us
that they would

452
00:31:00,275 --> 00:31:03,778
use all of their resources
to investigate this case

453
00:31:03,820 --> 00:31:05,947
and it appears that
they are doing just that.

454
00:31:05,947 --> 00:31:07,949
♪♪

455
00:31:19,586 --> 00:31:21,796
reporter: 10News reached out
to the government attorneys,

456
00:31:21,838 --> 00:31:25,842
we were told since
it's in active litigation,
there is no comment.

457
00:31:29,679 --> 00:31:34,517
Andrea: The Grand Jury
has been pending
for, now, three years.

458
00:31:34,851 --> 00:31:39,397
We don't know if that is
close to concluding or not.

459
00:31:39,772 --> 00:31:42,233
We've made inquiries,
but we have no answers.

460
00:31:46,070 --> 00:31:47,363
(Maria speaking Spanish)

461
00:32:09,636 --> 00:32:11,638
(siren wailing)

462
00:32:17,977 --> 00:32:20,980
(light music playing)

463
00:32:30,448 --> 00:32:32,909
reporter 1:
The Department of Justice
announced on Friday

464
00:32:32,951 --> 00:32:35,620
that no border agents
will be prosecuted

465
00:32:35,662 --> 00:32:38,665
for the killing
of Anastasio Hernández-Rojas.

466
00:32:40,208 --> 00:32:43,378
The Department of Justice
say there was
insufficient evidence

467
00:32:43,419 --> 00:32:46,214
to pursue federal charges
against the agents,

468
00:32:46,214 --> 00:32:47,966
even though eyewitness video

469
00:32:48,007 --> 00:32:50,843
showed him being
tased and beaten.

470
00:32:53,930 --> 00:32:56,391
reporter 2:
Federal officials say
they do not believe

471
00:32:56,391 --> 00:32:58,142
agents acted with malice.

472
00:32:58,726 --> 00:33:00,561
They say the meth
in his system

473
00:33:00,603 --> 00:33:02,438
also contributed to his death.

474
00:33:04,857 --> 00:33:10,279
Andrea:
This is a devastating decision
for the family of Anastasio...

475
00:33:10,321 --> 00:33:12,240
but Customs
and Border Protection

476
00:33:12,281 --> 00:33:17,912
has long enjoyed,
uh, virtual impunity
in this country.

477
00:33:19,872 --> 00:33:21,874
♪♪

478
00:33:35,972 --> 00:33:38,182
(music fades out)

479
00:33:38,224 --> 00:33:40,101
Raul Ortiz:
I'm Raul Ortiz.

480
00:33:40,101 --> 00:33:42,520
I'm the chief
of the United States
Border Patrol.

481
00:33:43,855 --> 00:33:44,939
(interviewer speaking)

482
00:33:50,028 --> 00:33:52,780
Raul:
We're deeply based in tradition,

483
00:33:52,822 --> 00:33:56,492
and I'm very, very, um,
proud of the fact

484
00:33:56,534 --> 00:33:58,828
that we've got
98 years of tradition

485
00:33:58,870 --> 00:34:02,498
that we started with
and that we still hang on to.

486
00:34:02,540 --> 00:34:05,960
Um, we like to consider
ourselves sort of paramilitary,

487
00:34:05,960 --> 00:34:09,297
and so, um, we have
a rank structure,

488
00:34:09,297 --> 00:34:14,135
our offic-- 35, 36%
of my officers
are prior military,

489
00:34:14,177 --> 00:34:17,054
and so, we are steep
in tradition.

490
00:34:17,096 --> 00:34:20,099
Our motto's "Honor First"
and we live and stand by that.

491
00:34:21,225 --> 00:34:22,226
(interviewer speaking)

492
00:34:27,023 --> 00:34:31,360
Not at all.
I, I think that there's
a-a-a serious misunderstanding

493
00:34:31,402 --> 00:34:34,237
about what happens in some
of these border environments,

494
00:34:34,280 --> 00:34:35,656
in these communities,

495
00:34:35,697 --> 00:34:38,534
but also, we're a big
law enforcement organization.

496
00:34:38,576 --> 00:34:41,579
When you think about the three--
almost 3,000 professional staff

497
00:34:41,621 --> 00:34:43,539
and almost 20,000
Border Patrol agents,

498
00:34:43,581 --> 00:34:45,666
plus contractors and others,

499
00:34:45,708 --> 00:34:50,670
I mean, 24,000 people...
are tied to the Border Patrol,

500
00:34:50,713 --> 00:34:53,424
a 6.1 billion dollar budget

501
00:34:53,466 --> 00:34:55,842
is tied to the United States
Border Patrol.

502
00:34:55,885 --> 00:35:00,681
A-And so, that's an awful
lot of pressure,

503
00:35:00,723 --> 00:35:04,769
but it's also, uh, um,
I think, a high expectation

504
00:35:04,811 --> 00:35:09,857
that we're gonna do everything
we can to secure our borders,

505
00:35:09,899 --> 00:35:12,527
take care of our communities,
take care of each other.

506
00:35:14,862 --> 00:35:16,614
(interviewer speaking)

507
00:35:26,207 --> 00:35:28,292
I-- I remember it vaguely,

508
00:35:28,334 --> 00:35:30,795
not enough to have
a conversation about it.

509
00:35:30,837 --> 00:35:32,130
(indistinct chatter)

510
00:35:32,171 --> 00:35:35,424
Yeah, that was the one
at, uh, Whiskey 2? Yeah.

511
00:35:36,884 --> 00:35:38,886
(interviewer speaking)

512
00:35:51,899 --> 00:35:53,526
-And I wanna s--
-staffer: Tell them go back to--

513
00:35:53,568 --> 00:35:54,569
-I don't--
-Yeah.

514
00:35:54,610 --> 00:35:55,778
(stammers)

515
00:35:56,904 --> 00:35:58,322
I'd be careful stressing that

516
00:35:58,364 --> 00:36:04,370
because I-I-I can think of one.
Compean, Ramos.

517
00:36:05,663 --> 00:36:06,706
(interviewer speaking)

518
00:36:06,956 --> 00:36:08,291
They did,
but it was still

519
00:36:08,332 --> 00:36:11,127
successfully prosecuted,
so I'd-- Yeah.

520
00:36:18,593 --> 00:36:19,594
Yeah.

521
00:36:31,856 --> 00:36:32,857
(interviewer speaking)

522
00:36:39,280 --> 00:36:41,866
There is, uh,
appropriate accountability

523
00:36:41,908 --> 00:36:45,453
and oversight in the U.S.
Border Patrol, CBP, and DHS,

524
00:36:45,494 --> 00:36:48,789
and we continue to add,
I think, additional oversight,

525
00:36:48,789 --> 00:36:52,793
whether it's, you know,
uh, looking at our, um,

526
00:36:52,835 --> 00:36:55,463
use of force policies
that we have in place,

527
00:36:55,463 --> 00:36:57,715
whether it's working
with other organizations,

528
00:36:57,757 --> 00:37:00,468
so we continuously strive

529
00:37:00,468 --> 00:37:03,471
to be better at who
we are as an organization.

530
00:37:07,183 --> 00:37:10,394
(light, tense music playing)

531
00:37:18,152 --> 00:37:20,071
Gene: Even though
the Department of Justice

532
00:37:20,112 --> 00:37:22,657
did not prosecute the agents,

533
00:37:23,241 --> 00:37:26,869
we were still fighting
the civil case...

534
00:37:28,120 --> 00:37:30,539
but the government had delayed

535
00:37:30,581 --> 00:37:35,586
the civil case for three years
by using appeals.

536
00:37:36,295 --> 00:37:39,715
And I became concerned
about losing witnesses,

537
00:37:39,757 --> 00:37:42,301
I was concerned about
the passage of time.

538
00:37:43,844 --> 00:37:47,640
So, we decided to settle
the civil case.

539
00:37:50,226 --> 00:37:51,644
(reporters quietly chattering)

540
00:37:54,814 --> 00:37:56,274
(Maria speaking Spanish)

541
00:38:29,473 --> 00:38:31,475
(water gently lapping)

542
00:38:36,355 --> 00:38:38,357
(Maria speaking Spanish)

543
00:38:50,453 --> 00:38:51,954
(John speaking Spanish)

544
00:39:08,346 --> 00:39:09,764
(both laughing)

545
00:40:05,444 --> 00:40:08,447
(solemn music playing)

546
00:40:09,907 --> 00:40:11,909
(water sloshing)

547
00:40:14,578 --> 00:40:16,580
(birds chirping)

548
00:40:20,418 --> 00:40:22,420
(bird cawing)

549
00:40:26,674 --> 00:40:28,092
(wings fluttering)

550
00:40:34,181 --> 00:40:35,599
(people chattering)

551
00:40:43,983 --> 00:40:47,027
Roxanna Altholz:
Alright... so...

552
00:40:47,862 --> 00:40:49,280
we're gonna nerd out today

553
00:40:49,321 --> 00:40:51,740
about international
human rights law.

554
00:40:52,074 --> 00:40:55,870
In this course,
I am going to talk about what

555
00:40:55,870 --> 00:40:58,956
human rights are in terms
of their legal protections.

556
00:40:59,457 --> 00:41:02,918
And part of what I want
to acculturate you to,

557
00:41:02,960 --> 00:41:04,545
is what it is you don't know,

558
00:41:05,337 --> 00:41:08,215
and what it is
you would need to know

559
00:41:08,257 --> 00:41:10,384
in order to answer
the question being asked.

560
00:41:11,510 --> 00:41:14,513
(pensive music playing)

561
00:41:31,322 --> 00:41:33,240
Andrea (in video):
Border Patrol have obstructed

562
00:41:33,240 --> 00:41:35,910
this case as much
as they could,

563
00:41:36,243 --> 00:41:39,872
and we are tired of it.

564
00:41:40,539 --> 00:41:46,504
Because it is plain to us
that there is something rotten
throughout the agency.

565
00:41:48,297 --> 00:41:52,426
Roxanna: Andrea Guerrero
from the Southern Border
Communities Coalition

566
00:41:52,426 --> 00:41:56,138
is my classmate
from law school.

567
00:41:56,180 --> 00:42:00,267
When she told me
about Anastasio's case,

568
00:42:00,309 --> 00:42:03,979
I had spent the prior
10 years litigating

569
00:42:04,021 --> 00:42:05,773
cases of extrajudicial killings

570
00:42:05,814 --> 00:42:08,609
in-- in Colombia
and in Guatemala,

571
00:42:08,651 --> 00:42:11,779
and-- and it was just
very familiar to me.

572
00:42:13,030 --> 00:42:14,657
And I said, "Well, have
you ever considered

573
00:42:14,698 --> 00:42:17,618
bringing a case before
an international court?"

574
00:42:19,161 --> 00:42:22,498
It's the only place where you
can sue the United States

575
00:42:22,540 --> 00:42:24,416
for human rights abuse.

576
00:42:25,000 --> 00:42:28,212
They cannot put
anybody in prison...

577
00:42:28,254 --> 00:42:32,800
but they can challenge
the entire Border Patrol
system...

578
00:42:32,841 --> 00:42:38,347
because the way that we define
excessive use of force
in the United States

579
00:42:38,389 --> 00:42:41,809
could be a violation
of international law.

580
00:42:43,227 --> 00:42:44,520
(Roxanna speaking Spanish)

581
00:42:59,493 --> 00:43:00,619
(Maria speaking Spanish)

582
00:43:05,249 --> 00:43:06,333
(Roxanna speaking Spanish)

583
00:43:14,550 --> 00:43:15,551
(Andrea speaking Spanish)

584
00:43:26,145 --> 00:43:29,356
Roxanna:
In order for us
to bring this case,

585
00:43:29,398 --> 00:43:32,735
we need to revisit
the investigation...

586
00:43:32,776 --> 00:43:36,572
but also,
we need to learn more

587
00:43:36,614 --> 00:43:39,074
about how
the Border Patrol operates.

588
00:43:42,828 --> 00:43:44,747
(applause)

589
00:43:51,211 --> 00:43:56,383
speaker: So, our next guest
is a very brave person.

590
00:43:57,051 --> 00:43:59,803
She worked for
the U.S. Border Patrol

591
00:43:59,845 --> 00:44:02,890
and has now turned
into a critic

592
00:44:02,931 --> 00:44:07,561
and our staunch ally
in these fights, Jenn Budd.

593
00:44:07,853 --> 00:44:10,022
-attendee: Yay, Jenn!
-(applause)

594
00:44:15,361 --> 00:44:20,574
So, Pedro was talking about
how Border Patrol agents

595
00:44:20,616 --> 00:44:25,621
commit a-- a lot of brutality
and atrocious crimes
against migrants,

596
00:44:25,663 --> 00:44:29,541
and yet, Border Patrol agents
are never held accountable.

597
00:44:30,376 --> 00:44:33,295
Let's take the recent case
that just happened.

598
00:44:33,337 --> 00:44:35,255
Young man, they claimed
that he picked up a rock

599
00:44:35,255 --> 00:44:37,800
and tried to throw it
at the agent,

600
00:44:37,841 --> 00:44:40,552
and so the agent had
to shoot him four times
and killed him.

601
00:44:41,595 --> 00:44:43,597
This is just nonsense.

602
00:44:43,889 --> 00:44:45,974
But it's not just migrants.

603
00:44:46,016 --> 00:44:50,521
This happens to U.S. citizens
who come into contact
with Border Patrol agents...

604
00:44:51,438 --> 00:44:54,441
and I have a problem with that.

605
00:44:58,404 --> 00:45:00,406
♪♪

606
00:45:07,705 --> 00:45:11,542
I was a Border Patrol agent
for six years.

607
00:45:13,544 --> 00:45:16,547
I left in June of 2001.

608
00:45:25,013 --> 00:45:28,684
At the time, my choice
was to take a promotion

609
00:45:28,726 --> 00:45:32,229
and be quiet about
some of the things

610
00:45:32,271 --> 00:45:36,108
that my boss was doing...
or just quit.

611
00:45:38,110 --> 00:45:40,112
So, I ended up resigning...

612
00:45:43,240 --> 00:45:47,494
and I started down
this journey of trying
to understand my involvement

613
00:45:47,494 --> 00:45:49,204
as a Border Patrol agent...

614
00:45:50,831 --> 00:45:56,837
because I felt like
I was part of a system
that is just cruel.

615
00:45:59,798 --> 00:46:05,053
And I feel guilt-ridden...
that I ever wore that uniform.

616
00:46:07,556 --> 00:46:11,685
So, my purpose
became telling the truth...

617
00:46:11,685 --> 00:46:13,687
about the Border Patrol.

618
00:46:18,358 --> 00:46:20,569
Eventually,
I got hooked up

619
00:46:20,611 --> 00:46:23,322
with the Southern Border
Community Coalition...

620
00:46:24,907 --> 00:46:29,536
and Andrea asked me
to come in and she said,

621
00:46:29,578 --> 00:46:32,873
"We want you to look
at the Anastasio case

622
00:46:32,873 --> 00:46:35,083
to see if you
can see anything."

623
00:46:36,627 --> 00:46:40,589
And Maria Puga,
Anastasio's widow,
happened to be there.

624
00:46:41,924 --> 00:46:44,384
I told her th--
what I was gonna do...

625
00:46:44,843 --> 00:46:47,221
and I said,
"Well, I don't know if
I'm gonna find anything."

626
00:46:49,056 --> 00:46:53,060
And Maria
threw her arms around me
and just started crying,

627
00:46:53,101 --> 00:46:56,313
and said,
"I knew all Border Patrol
agents couldn't be bad."

628
00:46:57,898 --> 00:47:00,901
So, that's how
I became involved.

629
00:47:07,115 --> 00:47:08,325
Zoe.

630
00:47:09,284 --> 00:47:10,702
Come here, Zozo.

631
00:47:11,370 --> 00:47:14,331
Good girl,
you're such a good girl.

632
00:47:14,373 --> 00:47:16,250
You're such a good girl, Zozo.

633
00:47:23,924 --> 00:47:26,134
(laptop turns on)

634
00:47:39,439 --> 00:47:42,651
(light, tense music playing)

635
00:48:19,354 --> 00:48:21,732
♪♪

636
00:48:23,817 --> 00:48:25,819
(car door opens)

637
00:48:29,281 --> 00:48:30,866
(vehicle passing by)

638
00:48:30,908 --> 00:48:32,910
(drone buzzing)

639
00:48:34,244 --> 00:48:36,246
(device beeps)

640
00:48:36,955 --> 00:48:38,957
(engine starts)

641
00:48:40,125 --> 00:48:42,461
♪♪

642
00:49:00,938 --> 00:49:02,940
(music softens)

643
00:49:13,659 --> 00:49:16,286
(railroad bells ringing)

644
00:49:24,419 --> 00:49:26,421
(phone dings)

645
00:49:33,387 --> 00:49:36,723
(light music playing)

646
00:49:40,852 --> 00:49:44,064
Jenn Budd (on voicemail):
Hi, Mr. Frey.
My name is Jenn Budd.

647
00:49:44,106 --> 00:49:49,069
I am a former agent
with the United States
Border Patrol.

648
00:49:49,069 --> 00:49:53,949
I was recently
asked to look at
the Anastasio Hernández case.

649
00:49:54,366 --> 00:49:57,577
My understanding is
you've done quite a bit
of reporting on it,

650
00:49:57,577 --> 00:50:03,333
and there's something
that I don't think you all
are aware of.

651
00:50:03,375 --> 00:50:05,377
♪♪

652
00:50:08,422 --> 00:50:13,093
Did you ever encounter
the acronym, CIT,

653
00:50:13,427 --> 00:50:16,430
for Critical Incident Team?

654
00:50:18,140 --> 00:50:21,768
I called a couple
of agents I knew,

655
00:50:21,810 --> 00:50:25,313
and one had 20 years
and-- and was about to retire

656
00:50:25,355 --> 00:50:27,607
and had never heard of it.

657
00:50:29,401 --> 00:50:32,029
But... in the court filing,

658
00:50:32,070 --> 00:50:35,615
in the federal court filing
of the civil trial,

659
00:50:35,657 --> 00:50:39,786
there was one mention
in the entire investigation

660
00:50:39,828 --> 00:50:43,790
by the defense attorney
for the agents:

661
00:50:44,624 --> 00:50:49,629
"I have reviewed
the San Diego Police Department
investigation report

662
00:50:49,671 --> 00:50:51,631
and the Border Patrol
CIT Report,"

663
00:50:51,673 --> 00:50:53,300
and I was like...

664
00:50:54,134 --> 00:50:55,177
"What is this?"

665
00:50:56,887 --> 00:50:59,139
The family didn't know
what the CIT report was,

666
00:50:59,139 --> 00:51:02,309
the attorneys didn't know
what the CIT report was.

667
00:51:02,809 --> 00:51:07,064
It's not just, uh, like
a human resources report?

668
00:51:07,355 --> 00:51:08,982
Jenn:
I don't know.

669
00:51:09,566 --> 00:51:14,237
But there's no forward-facing
information from the agency

670
00:51:14,279 --> 00:51:16,323
about what a CIT team is.

671
00:51:16,740 --> 00:51:19,576
I found one government document

672
00:51:19,618 --> 00:51:24,039
and that's the Use of Force
Policy Handbook from 2010,

673
00:51:24,539 --> 00:51:29,669
which says... "The RO,"
meaning the supervisor
in charge of the scene,

674
00:51:29,711 --> 00:51:32,506
"may initiate
a parallel investigation

675
00:51:32,547 --> 00:51:36,551
into an incident
via a Critical Incident Team."

676
00:51:37,636 --> 00:51:41,515
And I was like... "Huh."

677
00:51:41,556 --> 00:51:45,519
Because, in 2014,
CBP and Border Patrol

678
00:51:45,560 --> 00:51:48,980
come out with a new
Use of Force Manual.

679
00:51:50,023 --> 00:51:52,734
And CIT is removed
completely from in there.

680
00:51:54,152 --> 00:51:55,987
They just got rid of it.

681
00:51:56,571 --> 00:51:58,198
But they still exist?

682
00:51:58,240 --> 00:51:59,908
Jenn:
I don't know.

683
00:52:01,535 --> 00:52:03,620
You have to find agents

684
00:52:03,662 --> 00:52:06,164
that are willing
to come forward and talk.

685
00:52:11,128 --> 00:52:14,047
♪♪

686
00:52:34,192 --> 00:52:35,569
(keyboard clacking)

687
00:52:36,695 --> 00:52:39,865
(tense, nervous music playing)

688
00:52:51,334 --> 00:52:53,003
(dialing)

689
00:52:53,044 --> 00:52:54,337
(ringback tone)

690
00:52:56,882 --> 00:52:57,924
Hi, I was trying to reach

691
00:52:57,966 --> 00:52:59,467
Mr. (censored, voice distorted)
please?

692
00:53:00,468 --> 00:53:02,470
Hi, my name is
John Carlos Frey.

693
00:53:02,512 --> 00:53:04,931
I am a journalist
working on a story

694
00:53:04,931 --> 00:53:06,933
about Anastasio Hernández-Ro--

695
00:53:08,351 --> 00:53:09,477
(hangs up)

696
00:53:10,187 --> 00:53:11,396
Hello?

697
00:53:13,023 --> 00:53:15,150
(ringback tone)

698
00:53:17,944 --> 00:53:19,779
My name is John Carlos Frey.

699
00:53:19,779 --> 00:53:21,823
It's a case of about
a dozen years ago

700
00:53:21,865 --> 00:53:24,451
and I would really love
to talk to you about that.

701
00:53:24,492 --> 00:53:26,036
(ringback tone)

702
00:53:27,037 --> 00:53:28,038
(voicemail)

703
00:53:37,505 --> 00:53:39,925
♪♪

704
00:53:40,717 --> 00:53:42,385
automated voice (on maps):
Continue straight.

705
00:53:47,349 --> 00:53:48,683
(doorbell rings)

706
00:53:49,351 --> 00:53:51,061
John: Hi.

707
00:53:51,102 --> 00:53:52,437
Mr. (censored)?
I'm a journalist.

708
00:53:52,479 --> 00:53:54,564
My name is John Carlos Frey.

709
00:53:54,606 --> 00:53:57,651
We're doing a story
on Anastasio Hernández-Rojas.

710
00:53:57,651 --> 00:53:59,486
(homeowner locks door)

711
00:54:01,780 --> 00:54:04,449
automated voice (on maps):
In 12 miles, exit right.

712
00:54:06,701 --> 00:54:08,078
(doorbell rings)

713
00:54:09,496 --> 00:54:11,706
It's about
Anastasio Hernández-Rojas.

714
00:54:11,748 --> 00:54:13,583
It's a case that happened
about a dozen years ago.

715
00:54:13,625 --> 00:54:14,626
He was involved--

716
00:54:18,380 --> 00:54:20,006
(exhales)

717
00:54:21,174 --> 00:54:23,593
automated voice (on maps):
In 19 miles, turn left.

718
00:54:25,262 --> 00:54:27,097
(doorbell rings)

719
00:54:27,889 --> 00:54:30,100
Hi, Mr. (censored). Hi.

720
00:54:32,394 --> 00:54:34,229
-I'm a journalist.
-I know who you are.

721
00:54:34,271 --> 00:54:36,356
We're not gonna talk,
so thank you for your time.

722
00:54:36,398 --> 00:54:38,233
-Okay.
-(door creaks)

723
00:54:39,484 --> 00:54:41,486
(birds chirping)

724
00:54:45,740 --> 00:54:47,742
(ringback tone)

725
00:54:48,535 --> 00:54:49,661
(Jenn speaking over phone)

726
00:54:50,578 --> 00:54:53,373
John:
Great. No one will talk to me.

727
00:54:53,373 --> 00:54:54,791
How are you?

728
00:54:58,920 --> 00:55:00,088
So, there's a couple of things.

729
00:55:00,130 --> 00:55:01,131
One...

730
00:55:02,299 --> 00:55:05,051
for me,
Critical Incident Teams,

731
00:55:05,051 --> 00:55:08,388
I'm-- I mean, I'm-- I'm not
even sure that they exist.

732
00:55:08,430 --> 00:55:09,556
Did you find anything out

733
00:55:09,597 --> 00:55:11,599
other than this little bit
of information?

734
00:55:13,351 --> 00:55:14,352
(Jenn speaking)

735
00:55:59,064 --> 00:56:01,691
How do you know
a CIT team was-- was sent?

736
00:56:02,609 --> 00:56:03,610
(Jenn speaking)

737
00:56:08,156 --> 00:56:11,368
(light, tense music playing)

738
00:56:14,454 --> 00:56:16,456
(birds chirping)

739
00:56:22,295 --> 00:56:24,297
(siren wailing)

740
00:56:32,389 --> 00:56:35,016
reporter (over phone):
A woman said she was
shot in the head

741
00:56:35,058 --> 00:56:37,310
by a Border Patrol agent
in Nogales.

742
00:56:37,352 --> 00:56:39,521
This woman's saying
she still doesn't know

743
00:56:39,562 --> 00:56:41,981
why that much force
was used against her.

744
00:56:42,023 --> 00:56:44,484
Here's ABC15 investigator
Liliana Soto.

745
00:56:46,861 --> 00:56:49,656
Hi, good morning.
I wanted to see if I could
speak to Corporal Mintz?

746
00:56:49,697 --> 00:56:51,699
-speaker: Mintz? Can I ask...
-Yeah.

747
00:56:51,741 --> 00:56:55,328
There was an incident that
occurred in June of this year

748
00:56:55,370 --> 00:56:57,831
of a woman getting
shot in the head
by Border Patrol agents,

749
00:56:57,872 --> 00:57:00,333
and I just wanted to ask
some questions about it.

750
00:57:00,333 --> 00:57:02,961
-Okay. Give me one second, okay?
-Thank you so much.

751
00:57:08,800 --> 00:57:10,218
(door beeps, opens)

752
00:57:10,260 --> 00:57:12,095
Hi, I'm John.
Nice to meet you.

753
00:57:13,221 --> 00:57:14,222
John:
Want me to wear a mask?

754
00:57:16,141 --> 00:57:17,350
John:
There was an incident here.

755
00:57:17,392 --> 00:57:19,686
Border Patrol agents
shot an individual

756
00:57:19,727 --> 00:57:21,104
in the back of the head.

757
00:57:21,146 --> 00:57:22,355
Do you know
what I'm talking about?

758
00:57:27,986 --> 00:57:29,112
John:
But can you tell me

759
00:57:29,154 --> 00:57:30,405
what protocol is

760
00:57:30,447 --> 00:57:32,949
for, uh,
a Border Patrol-related
shooting?

761
00:57:34,492 --> 00:57:35,618
John: So, you are just here

762
00:57:35,660 --> 00:57:36,911
to tell me that
you can't say anything?

763
00:57:39,914 --> 00:57:41,916
(distant siren wailing)

764
00:57:43,001 --> 00:57:44,002
(crew member speaking)

765
00:57:46,045 --> 00:57:47,630
He's not gonna talk to us.

766
00:57:50,717 --> 00:57:53,803
Excuse me,
are you Chief Bermudez?

767
00:57:53,845 --> 00:57:54,846
Yes, sir.

768
00:57:55,305 --> 00:57:57,307
John: We were trying to talk
to an agent inside

769
00:57:57,348 --> 00:57:59,225
-and-- to just ask
about a protocol...
-Okay.

770
00:57:59,225 --> 00:58:01,102
...that you guys have
with the Border Patrol.

771
00:58:01,144 --> 00:58:02,937
Are you at liberty
to talk for a second?

772
00:58:02,979 --> 00:58:05,482
Uh, I can-- I can
give you a short comment...

773
00:58:05,523 --> 00:58:07,942
-Sure.
-...but as far as to getting
into this conversation,

774
00:58:07,984 --> 00:58:09,986
we don't discuss other
people's investigations

775
00:58:10,028 --> 00:58:13,072
just because of professionalism
and the legal aspect of it.

776
00:58:13,072 --> 00:58:15,492
-John: Okay.
-So, what was your question?

777
00:58:15,533 --> 00:58:17,035
John: There was an incident
a few months ago

778
00:58:17,076 --> 00:58:18,203
where a woman
was shot in the head

779
00:58:18,244 --> 00:58:19,579
-by a Border Patrol agent.
-Mm-hmm.

780
00:58:19,579 --> 00:58:21,331
It doesn't seem like
Nogales Police Department

781
00:58:21,372 --> 00:58:22,916
was even involved at all.

782
00:58:22,957 --> 00:58:24,584
-Right.
-John: So, how does that work?

783
00:58:24,626 --> 00:58:26,669
Protocol has always been,

784
00:58:26,711 --> 00:58:29,255
we've never actually done
investigations that had--

785
00:58:29,297 --> 00:58:31,925
were related to any shootings
that-- with Border Patrol

786
00:58:31,966 --> 00:58:34,969
and that's something
that's been set for,

787
00:58:35,011 --> 00:58:37,263
you know, for as long as
I can remember.

788
00:58:37,305 --> 00:58:39,599
Do you know about CIT teams?
C-I-T?

789
00:58:39,641 --> 00:58:41,518
Oh, Critical Incident Team,
yeah.

790
00:58:41,935 --> 00:58:43,269
John: And-- And what is their--

791
00:58:43,311 --> 00:58:45,813
What is their, uh, reason
for being on a scene?

792
00:58:45,855 --> 00:58:48,107
I have no idea.
You're gonna have to ask them.

793
00:58:48,149 --> 00:58:49,859
I-I-I can't-- You know,
I know what I know

794
00:58:49,901 --> 00:58:52,111
and I don't know
what I don't know, so...

795
00:58:52,529 --> 00:58:54,531
(tense music playing)

796
00:58:55,114 --> 00:58:57,116
(ringback tone)

797
00:59:00,578 --> 00:59:01,579
(call connects)

798
00:59:02,664 --> 00:59:04,749
Mr. Núñez, my name is John Frey.

799
00:59:06,000 --> 00:59:07,460
We're trying to get
some information,

800
00:59:07,460 --> 00:59:12,215
doing a report on your
Critical Incident Teams, CIT.

801
00:59:12,257 --> 00:59:14,342
-I can't seem to find
anything online.
-Núñez: Okay.

802
00:59:16,261 --> 00:59:18,221
-Okay. Uh, do they exist?
-Núñez: Alright?

803
00:59:18,263 --> 00:59:19,556
Can you answer that part of it?

804
00:59:24,394 --> 00:59:25,687
What I'm talking about?

805
00:59:26,896 --> 00:59:27,897
Okay. So--

806
00:59:34,070 --> 00:59:35,488
Thank you, sir.

807
00:59:35,530 --> 00:59:37,949
(hangs up, phone beeps)

808
00:59:45,248 --> 00:59:46,791
(distant dogs barking)

809
01:00:01,347 --> 01:00:02,807
(text whooshes)

810
01:00:08,354 --> 01:00:09,355
(keyboard clacking)

811
01:00:12,025 --> 01:00:13,026
(computer beeps)

812
01:00:18,323 --> 01:00:21,534
(light, tense music playing)

813
01:00:44,807 --> 01:00:47,143
(touchpad clicking)

814
01:00:53,900 --> 01:00:55,902
(music intensifying)

815
01:01:07,789 --> 01:01:09,791
♪♪

816
01:01:35,525 --> 01:01:37,527
(music softens)

817
01:01:57,672 --> 01:01:59,674
(agent speaking,
voice distorted)

818
01:04:08,052 --> 01:04:10,054
♪♪

819
01:04:18,145 --> 01:04:21,649
reporter 1:
A wake today for a young man
shot to death this week

820
01:04:21,691 --> 01:04:23,651
by U.S. Border Patrol agents.

821
01:04:23,693 --> 01:04:25,778
reporter 2:
San Diego officials
are investigating

822
01:04:25,778 --> 01:04:29,532
the Christmas Eve death
of a man who was
in Border Patrol custody.

823
01:04:29,574 --> 01:04:31,826
reporter 3:
More tensions along
U.S.-Mexico border tonight

824
01:04:31,868 --> 01:04:34,495
following the shooting death
of a 15-year-old Mexican.

825
01:04:34,537 --> 01:04:37,206
reporter 4: The 17-year-old
was shot in the chest
by the U.S. Border Patrol.

826
01:04:37,248 --> 01:04:39,208
reporter 5:
Border Patrol says
the boy was a threat,

827
01:04:39,250 --> 01:04:41,127
throwing rocks
across the iron fence.

828
01:04:41,127 --> 01:04:43,462
reporter 6:
Another fatal shooting
near El Paso, Texas.

829
01:04:43,504 --> 01:04:45,131
reporter 7:
Serving a warrant
when an agent...

830
01:04:45,172 --> 01:04:46,841
reporter 8:
Shot and killed
a mother of five

831
01:04:46,883 --> 01:04:48,676
while she was in
the driver's seat of her car.

832
01:04:48,718 --> 01:04:50,303
There are two
very different accounts

833
01:04:50,303 --> 01:04:51,846
of what happened
just before the shooting.

834
01:04:51,888 --> 01:04:53,139
reporter 9:
Few answers have surfaced

835
01:04:53,139 --> 01:04:54,390
in that case or others.

836
01:04:54,432 --> 01:04:55,641
reporter 10:
Border police say the agent

837
01:04:55,683 --> 01:04:57,685
acted in self-defense.

838
01:05:05,985 --> 01:05:08,613
John:
How many cases
have you looked through?

839
01:05:09,488 --> 01:05:12,116
Jenn:
Probably at least 45 now.

840
01:05:15,119 --> 01:05:19,290
I'm looking on PACER,
which has all the federal cases.

841
01:05:20,374 --> 01:05:22,335
Vast majority of time,
it's a civil case...

842
01:05:23,753 --> 01:05:27,465
and I read through
these cases from the '90s.

843
01:05:28,466 --> 01:05:32,845
It's always the agent claims
that they threw rocks at 'em,

844
01:05:32,845 --> 01:05:36,390
wasn't hurt or wasn't hit,
but had to shoot and kill 'em.

845
01:05:36,432 --> 01:05:41,437
It's the same story
over and over and over
and over again.

846
01:05:41,938 --> 01:05:46,567
John:
So, you're looking at cases
that have "CIT, CIIT."

847
01:05:46,609 --> 01:05:50,363
Or an "SET," yeah,
for Sector Evidence Team.

848
01:05:50,655 --> 01:05:53,282
-But it's the same thing, right?
-Yeah.

849
01:05:55,660 --> 01:05:57,536
And every time
in the civil cases,

850
01:05:57,536 --> 01:06:02,541
you see local officials
and the attorneys are like...

851
01:06:03,000 --> 01:06:06,587
"So, you didn't have
control of this scene,

852
01:06:06,629 --> 01:06:08,255
"and then when you got there,

853
01:06:08,297 --> 01:06:10,549
"you just relied
on the Border Patrol

854
01:06:10,549 --> 01:06:15,137
to tell you
what the evidence was,
and they go, 'Yeah.'"

855
01:06:15,179 --> 01:06:19,392
You believe anytime
there's an incident along
the U.S.-Mexico border,

856
01:06:19,433 --> 01:06:22,645
-a CIT team is
probably involved?
-Yeah.

857
01:06:23,729 --> 01:06:24,939
They're in everything.

858
01:06:30,611 --> 01:06:33,614
(unsettling music playing)

859
01:06:38,536 --> 01:06:39,870
(birds cawing)

860
01:06:40,705 --> 01:06:42,289
(plane engines roaring)

861
01:06:51,632 --> 01:06:53,968
Tonight, a little-known unit
within the U.S. Border Patrol

862
01:06:54,010 --> 01:06:56,762
is being accused of interfering
in fatal encounters

863
01:06:56,762 --> 01:06:57,972
involving its agents.

864
01:06:58,222 --> 01:06:59,765
Human rights advocates calling

865
01:06:59,807 --> 01:07:01,350
for a congressional hearing

866
01:07:01,392 --> 01:07:03,602
on what they call
"an off-the-books

867
01:07:03,644 --> 01:07:06,147
investigative unit
in the U.S. Border Patrol."

868
01:07:06,689 --> 01:07:11,360
reporter:
John Carlos Frey, can you talk
about the new information

869
01:07:11,402 --> 01:07:14,697
that you're uncovering
about these shadow police units

870
01:07:14,739 --> 01:07:17,116
within U.S. Border Patrol?

871
01:07:17,158 --> 01:07:19,994
They are preparing evidence,
they are doctoring evidence,

872
01:07:20,036 --> 01:07:21,328
they are tampering
with evidence,

873
01:07:21,370 --> 01:07:22,955
they are deleting evidence,

874
01:07:22,955 --> 01:07:25,666
so that any use of force
is warranted.

875
01:07:25,708 --> 01:07:27,960
That is what CIT is doing.

876
01:07:28,377 --> 01:07:30,504
Jenn:
This is how it happens.

877
01:07:30,546 --> 01:07:33,090
They collect only the evidence
that supports them

878
01:07:33,132 --> 01:07:35,217
and then the evidence
that doesn't support them,

879
01:07:35,259 --> 01:07:38,846
they muck up
and nobody can take the case.

880
01:07:38,888 --> 01:07:41,807
And this is designed,
systematically,

881
01:07:41,849 --> 01:07:46,854
to alleviate responsibility
and liability for the agency.

882
01:07:47,229 --> 01:07:49,231
Thirty-five years of this...

883
01:07:49,273 --> 01:07:52,693
it's the biggest secret
the Border Patrol has.

884
01:07:52,735 --> 01:07:55,362
John (in video):
They don't even have
an authority to exist.

885
01:07:55,404 --> 01:07:56,822
There is not a police agency,

886
01:07:56,864 --> 01:07:58,574
whether it's a municipal
police agency

887
01:07:58,616 --> 01:08:00,409
or a federal police agency,

888
01:08:00,451 --> 01:08:02,661
that gets
to investigate itself

889
01:08:02,661 --> 01:08:04,413
without any oversight,
and that's what

890
01:08:04,455 --> 01:08:06,499
the Border Patrol
is doing right now.

891
01:08:07,249 --> 01:08:09,168
reporter (in video):
John Carlos Frey,
we want to thank you

892
01:08:09,210 --> 01:08:10,961
for being with us.
Investigative journalist

893
01:08:11,003 --> 01:08:14,256
reported extensively
on immigration
on the Mexico border.

894
01:08:14,298 --> 01:08:15,508
(plane landing)

895
01:08:30,481 --> 01:08:32,358
-I'm John Carlos Frey.
-Senator Alex Padilla:
How are you?

896
01:08:32,399 --> 01:08:34,026
John: Senator, thanks for your
commitment on this.

897
01:08:34,068 --> 01:08:35,736
Senator Padilla:
Pleasure, thank you.

898
01:08:35,778 --> 01:08:38,072
-John: Do you mind
if we take off masks?
-Senator Padilla: Sure.

899
01:08:42,033 --> 01:08:44,537
Like, if-- if what, uh,

900
01:08:44,578 --> 01:08:47,581
is being suggested here
were to be happening in
a local police department,

901
01:08:47,622 --> 01:08:51,417
a local sheriff's department,
right, there'd be, uh,
national outrage.

902
01:08:52,127 --> 01:08:55,381
This absolutely needs
to be looked into.

903
01:08:55,381 --> 01:08:58,050
Between this and, uh,
some of the reports and,

904
01:08:58,050 --> 01:09:00,386
uh, recent, uh, press coverage,

905
01:09:00,386 --> 01:09:03,055
uh, there's certainly a lotta
questions that need to be asked.

906
01:09:03,555 --> 01:09:05,558
Like, what are the policies?
What are the protocols?

907
01:09:05,599 --> 01:09:07,935
What are the procedures
within the department?

908
01:09:08,810 --> 01:09:12,148
John: So, it's not like
an Internal Affairs department,

909
01:09:12,189 --> 01:09:14,733
where they're just taking
a look at employee behavior,

910
01:09:14,733 --> 01:09:17,569
it's therefore the mitigation
of civil liability.

911
01:09:18,069 --> 01:09:20,738
And we're sure that
these investigative teams

912
01:09:20,738 --> 01:09:22,741
are everywhere
along the border...

913
01:09:23,533 --> 01:09:24,952
but to my knowledge,

914
01:09:24,993 --> 01:09:27,621
CIT shouldn't exist
because the Border Patrol

915
01:09:27,662 --> 01:09:30,249
doesn't have the authority,
which is granted by Congress,

916
01:09:30,291 --> 01:09:31,876
to have an investigative body.

917
01:09:32,334 --> 01:09:35,254
We can't find
any thread in Congress

918
01:09:35,296 --> 01:09:37,590
where they have approval,
where they have funding.

919
01:09:39,300 --> 01:09:43,429
Yeah... this, uh,
this is serious.

920
01:09:43,470 --> 01:09:46,182
(distant siren wailing)

921
01:09:49,350 --> 01:09:51,979
-(indistinct chatter)
-(gavel bangs)

922
01:09:52,020 --> 01:09:54,023
Senator Chuck Grassley:
The hearing will come to order.

923
01:09:54,440 --> 01:09:55,649
(cameras clicking)

924
01:09:56,025 --> 01:09:58,777
Today we're holding the first
Department of Homeland Security

925
01:09:58,819 --> 01:10:02,823
oversight hearing
since January 16, 2018.

926
01:10:03,324 --> 01:10:05,326
We welcome the Secretary
of Homeland Security,

927
01:10:05,367 --> 01:10:08,621
the Honorable Ale Mayorkas,
to testify before the committee.

928
01:10:09,163 --> 01:10:11,790
And with that,
I turn to Senator Padilla.

929
01:10:12,625 --> 01:10:15,294
Senator Padilla:
Thank you, Mr. Chair.
Uh, number of questions.

930
01:10:15,294 --> 01:10:17,755
Mr. Secretary,
thank you for being here.

931
01:10:18,005 --> 01:10:20,633
I wanna ask about
some disturbing reports

932
01:10:20,633 --> 01:10:22,635
around the conduct and actions

933
01:10:22,676 --> 01:10:26,305
of Custom and Border
Protection agents.

934
01:10:26,347 --> 01:10:30,643
A recent letter sent
by the Southern Border
Communities Coalition

935
01:10:30,643 --> 01:10:35,397
raises significant concerns
about Critical Incident Teams

936
01:10:35,439 --> 01:10:38,692
within the agency
that are interfering

937
01:10:38,734 --> 01:10:42,863
with law enforcement
investigation of CBP agents.

938
01:10:42,905 --> 01:10:47,660
According to the letter,
these teams have been
operating for decades

939
01:10:47,701 --> 01:10:51,747
and investigating
their own agents
without authority.

940
01:10:52,289 --> 01:10:55,000
Secretary Mayorkas,
what measures has

941
01:10:55,042 --> 01:10:56,919
the Department
of Homeland Security taken

942
01:10:56,961 --> 01:11:00,005
towards addressing
serious abuses of power

943
01:11:00,005 --> 01:11:03,217
surrounding these
Critical Incident Teams?

944
01:11:03,884 --> 01:11:06,095
Secretary Alejandro Mayorkas:
So, a few things, if I may.

945
01:11:06,136 --> 01:11:09,056
First of all,
I am immensely proud

946
01:11:09,098 --> 01:11:13,602
to work alongside the men
and women of U.S. Customs
and Border Protection,

947
01:11:14,144 --> 01:11:17,564
and the misconduct, uh, of one,

948
01:11:17,606 --> 01:11:21,277
does not define
the heroism and integrity

949
01:11:21,318 --> 01:11:23,904
of the great majority
of the men and women.

950
01:11:25,072 --> 01:11:30,411
We do not tolerate misconduct
in any part of our workforce,

951
01:11:30,452 --> 01:11:32,705
whether that's U.S. Customs
and Border Protection

952
01:11:32,746 --> 01:11:36,083
or any corner, uh,
of the Department
of Homeland Security,

953
01:11:36,583 --> 01:11:40,796
and we will root out
misconduct wherever it occurs.

954
01:11:42,381 --> 01:11:44,383
(distant siren wailing)

955
01:11:45,926 --> 01:11:47,928
(ambient traffic noise)

956
01:12:00,941 --> 01:12:03,736
James Tomsheck:
My name is James Tomsheck.

957
01:12:03,736 --> 01:12:07,614
I spent eight years
with Internal Affairs
in the Border Patrol.

958
01:12:09,992 --> 01:12:11,744
Prior to my arrival,

959
01:12:11,785 --> 01:12:17,624
there was no Internal Affairs
operations at CBP,

960
01:12:17,666 --> 01:12:21,754
allowing the Border Patrol
to operate for many years,

961
01:12:21,795 --> 01:12:25,424
essentially not being
monitored for accountability.

962
01:12:26,592 --> 01:12:30,596
So, it was established
that I would head up
the office

963
01:12:30,637 --> 01:12:33,682
and address
all integrity-related issues

964
01:12:33,724 --> 01:12:36,602
throughout the agency.

965
01:12:36,643 --> 01:12:40,773
But upon my arrival,
I was taken aback to find

966
01:12:40,773 --> 01:12:43,484
how resistant
the Border Patrol was

967
01:12:43,525 --> 01:12:46,695
to having
an Office of Internal Affairs

968
01:12:46,737 --> 01:12:48,989
that would review
their activity.

969
01:12:50,532 --> 01:12:53,786
James Wong: Unfortunately,
the Office of Internal Affairs

970
01:12:53,786 --> 01:12:59,541
was viewed with disdain
and mistrust by Border Patrol.

971
01:12:59,583 --> 01:13:05,172
I was not welcomed because I had
a law enforcement mindset,

972
01:13:05,214 --> 01:13:09,635
whereas they consider
themselves more paramilitary.

973
01:13:11,553 --> 01:13:14,807
Law enforcement officers
are taught to subdue,

974
01:13:15,182 --> 01:13:20,521
but the military mindset
has you prepared to attack

975
01:13:20,562 --> 01:13:24,608
and overcome your enemy
with deadly force.

976
01:13:25,025 --> 01:13:28,028
(solemn music playing)

977
01:13:28,695 --> 01:13:30,989
♪♪

978
01:13:32,950 --> 01:13:35,911
And every time we had
deadly force incidents,

979
01:13:35,953 --> 01:13:38,372
we'd have the same discussion.

980
01:13:38,414 --> 01:13:41,166
I would say, "Hey, you're
a law enforcement entity.

981
01:13:41,166 --> 01:13:45,504
"You have a... obligation
to protect the public,

982
01:13:45,504 --> 01:13:49,716
even if-- even if
those individuals aren't
American citizens."

983
01:13:51,677 --> 01:13:55,764
But I could not get them
to change their mindset...

984
01:13:58,976 --> 01:14:02,271
and one of their
stock responses to me

985
01:14:02,312 --> 01:14:06,483
would be,
"You've never worn green,
so you don't understand."

986
01:14:08,986 --> 01:14:10,988
(indistinct yelling)

987
01:14:12,781 --> 01:14:15,409
Tomsheck:
In the summer of 2010,

988
01:14:15,451 --> 01:14:19,913
after the assault
on Mr. Hernández-Rojas,

989
01:14:19,955 --> 01:14:22,082
I was briefed
on the incident thoroughly

990
01:14:22,124 --> 01:14:26,545
by Internal Affairs
agents from the San Diego
Field Office.

991
01:14:27,212 --> 01:14:31,967
The Internal Affairs
agents confirmed that
Mr. Hernández-Rojas

992
01:14:32,009 --> 01:14:33,886
was face down on the ground,

993
01:14:33,886 --> 01:14:37,556
handcuffed behind his back
at the time that he was tasered.

994
01:14:39,224 --> 01:14:42,227
Wong: We knew this
because Border Patrol

995
01:14:42,227 --> 01:14:44,563
had their
Critical Incident Team

996
01:14:44,563 --> 01:14:47,399
on the ground,
collecting the facts...

997
01:14:48,150 --> 01:14:52,196
and they were reporting
directly to the chief
in San Diego,

998
01:14:52,905 --> 01:14:55,991
who reported
to the chief of Border Patrol,

999
01:14:56,033 --> 01:14:57,951
who reported
to the deputy commissioner

1000
01:14:57,993 --> 01:15:00,245
from Customs
and Border Protection.

1001
01:15:02,581 --> 01:15:06,168
Tomsheck: After I felt
we had established facts
with the case,

1002
01:15:07,211 --> 01:15:12,424
the deputy commissioner,
at the time, summoned me
to his office...

1003
01:15:13,342 --> 01:15:18,680
and he gave me a direct order
to submit false reports

1004
01:15:18,722 --> 01:15:21,183
indicating that
Mr. Hernández-Rojas

1005
01:15:21,225 --> 01:15:25,771
was standing unrestrained
and actively resisting arrest

1006
01:15:25,812 --> 01:15:27,022
when he was tasered.

1007
01:15:29,691 --> 01:15:33,487
Wong:
But the other problem with
the Hernández investigation

1008
01:15:33,529 --> 01:15:35,822
was the stonewalling
of information.

1009
01:15:38,158 --> 01:15:41,453
We found out that
the Critical Incident Team

1010
01:15:41,954 --> 01:15:43,997
used an administrative subpoena

1011
01:15:44,831 --> 01:15:48,210
to illegally obtain
the autopsy report

1012
01:15:48,252 --> 01:15:51,129
before anybody
in law enforcement had it.

1013
01:15:53,215 --> 01:15:56,301
Tomsheck:
And then, Border Patrol
CIT team members

1014
01:15:56,343 --> 01:15:58,345
used that document

1015
01:15:58,387 --> 01:16:00,597
to begin to construct...

1016
01:16:02,057 --> 01:16:04,643
a story around the event

1017
01:16:05,394 --> 01:16:08,230
for investigators
from other agencies...

1018
01:16:11,733 --> 01:16:17,573
that would support the idea
that it was an appropriate
and legal use of force.

1019
01:16:21,827 --> 01:16:25,122
At that point in time,
I was under the belief

1020
01:16:25,622 --> 01:16:29,543
that Mr. Hernández-Rojas
lost his life, in part,

1021
01:16:29,585 --> 01:16:33,547
because he had ingested large
amounts of methamphetamine.

1022
01:16:35,757 --> 01:16:37,843
It was years later,

1023
01:16:37,884 --> 01:16:40,929
that I learned that
what had been identified

1024
01:16:40,971 --> 01:16:44,850
as methamphetamine
in the autopsy report,

1025
01:16:44,891 --> 01:16:49,396
was possibly medication that
had been administered to him

1026
01:16:49,438 --> 01:16:52,691
while efforts were being made
to revive him.

1027
01:16:52,733 --> 01:16:54,735
♪♪

1028
01:17:09,625 --> 01:17:11,627
(siren wailing)

1029
01:17:13,503 --> 01:17:16,590
Tomsheck: It has to be said
that many agents

1030
01:17:16,632 --> 01:17:21,219
are caring persons who execute
their always difficult mission

1031
01:17:21,219 --> 01:17:23,639
in a way that is humane...

1032
01:17:25,223 --> 01:17:27,601
but, unfortunately,
many do not.

1033
01:17:29,269 --> 01:17:34,900
And that includes persons
at the highest level
of Border Patrol leadership.

1034
01:17:40,697 --> 01:17:42,115
(interviewer speaking)

1035
01:17:47,496 --> 01:17:49,915
Absolutely not, I've seen
those same allegations.

1036
01:17:49,956 --> 01:17:51,375
Uh, they were not--

1037
01:17:51,416 --> 01:17:53,752
There's no cover-up
in that case whatsoever.

1038
01:17:53,794 --> 01:17:55,587
Again, there were
multiple agencies

1039
01:17:55,587 --> 01:17:57,422
that investigated,
uh, that case.

1040
01:17:57,422 --> 01:17:59,800
I was just asked about
some of the subpoenas recently.

1041
01:17:59,841 --> 01:18:03,595
They're all reviewed
by multiple levels of-- of--
uh, of lawyers

1042
01:18:03,637 --> 01:18:05,305
before we ever
do anything like that.

1043
01:18:05,347 --> 01:18:07,307
It was literally
just documenting

1044
01:18:07,349 --> 01:18:09,434
exactly what happened.

1045
01:18:09,434 --> 01:18:12,104
But I'm not gonna comment
with ongoing litigation

1046
01:18:12,104 --> 01:18:14,314
about was every single person's,

1047
01:18:14,356 --> 01:18:16,942
uh, actions appropriate
or not appropriate.

1048
01:18:16,983 --> 01:18:20,195
That's what the investigative,
uh, organizations are--
are there for.

1049
01:18:20,237 --> 01:18:21,780
(stammers)

1050
01:18:21,822 --> 01:18:23,532
Even as a chief here,

1051
01:18:23,573 --> 01:18:25,951
I stayed off to the side
of that investigation,

1052
01:18:25,951 --> 01:18:28,453
uh, we provided information,
we provided interviews,

1053
01:18:28,495 --> 01:18:30,288
but I stay out
of the determination

1054
01:18:30,288 --> 01:18:32,916
of whether it was appropriate
or not appropriate.

1055
01:18:34,418 --> 01:18:35,752
(interviewer speaking)

1056
01:18:42,300 --> 01:18:45,512
Every time anybody dies
or anybody gets serious injury,

1057
01:18:45,554 --> 01:18:47,389
it weighs on me heavily,

1058
01:18:47,431 --> 01:18:50,058
but those are allegations
that you just stated.

1059
01:18:54,271 --> 01:18:57,482
(light, tense music playing)

1060
01:19:14,833 --> 01:19:17,836
-(radio beeps)
-(radio chatter)

1061
01:19:22,048 --> 01:19:24,885
Andrea:
For the many families
who are listening,

1062
01:19:24,926 --> 01:19:29,347
the Border Patrol cover-up
unit is a crime unto itself.

1063
01:19:29,931 --> 01:19:32,642
They took lives
and they took hope,

1064
01:19:33,018 --> 01:19:35,479
and that cannot stand.

1065
01:19:35,771 --> 01:19:37,564
(helicopter whirring)

1066
01:19:37,606 --> 01:19:40,358
(dog barking)

1067
01:19:40,400 --> 01:19:41,401
(radio chatter)

1068
01:19:41,443 --> 01:19:42,444
(agent speaking)

1069
01:19:47,574 --> 01:19:50,076
-(radio beeps)
-(indistinct chatter)

1070
01:19:51,578 --> 01:19:53,580
(protesters chanting in Spanish)

1071
01:20:02,380 --> 01:20:04,466
(chanting continues)

1072
01:20:09,387 --> 01:20:11,389
(Maria speaking Spanish)

1073
01:20:19,606 --> 01:20:21,983
Geneviéve Jones-Wright:
We are here to send
a clear message

1074
01:20:22,025 --> 01:20:24,778
that no one
is above the law,

1075
01:20:25,487 --> 01:20:31,201
that even if you wear a badge,
you too are subject to the law.

1076
01:20:31,701 --> 01:20:34,246
We are asking to send
a clear message

1077
01:20:34,246 --> 01:20:36,748
that this can no longer happen,

1078
01:20:36,748 --> 01:20:42,254
and we are asking the question,
who will control Border Patrol?

1079
01:20:42,254 --> 01:20:45,257
(rhythmic drum music playing)

1080
01:21:05,277 --> 01:21:07,279
♪♪

1081
01:21:14,744 --> 01:21:16,746
(music stops)

1082
01:21:32,387 --> 01:21:34,639
After months of criticism,
the Biden administration

1083
01:21:34,639 --> 01:21:37,017
is eliminating
Critical Incident Teams

1084
01:21:37,058 --> 01:21:39,227
within the U.S. Border Patrol.

1085
01:21:39,269 --> 01:21:41,313
They are getting rid
of their special units,

1086
01:21:41,354 --> 01:21:43,565
which have been accused
for decades of covering up

1087
01:21:43,607 --> 01:21:45,859
crimes committed by the agency.

1088
01:21:46,943 --> 01:21:49,946
(solemn music playing)

1089
01:21:58,955 --> 01:22:00,957
(indistinct chatter)

1090
01:22:20,352 --> 01:22:23,855
Andrea:
Today is a day to remember.

1091
01:22:24,648 --> 01:22:28,401
We know of no other agency
in the U.S. government

1092
01:22:28,443 --> 01:22:31,196
that gets away with
what this agency gets away with,

1093
01:22:32,280 --> 01:22:35,700
and we could all see
with our own eyes,

1094
01:22:35,742 --> 01:22:39,162
today was a victory...

1095
01:22:40,413 --> 01:22:41,998
but it won't be the last.

1096
01:22:46,419 --> 01:22:48,713
reporter 1:
This week, the Inter-American
Commission on Human Rights

1097
01:22:48,713 --> 01:22:50,590
will hear for
the first time ever

1098
01:22:50,632 --> 01:22:53,385
a case against a U.S.
law enforcement agency.

1099
01:22:53,385 --> 01:22:55,971
reporter 2:
Attorneys say this will be
a landmark case.

1100
01:22:56,012 --> 01:22:59,015
reporter 3:
A future decision could set
a precedent for use of force

1101
01:22:59,057 --> 01:23:02,894
within the nation's largest
law enforcement agency.

1102
01:23:03,353 --> 01:23:08,400
Roxanna:
Honorable commissioners,
U.S. law and CBP policy

1103
01:23:08,400 --> 01:23:10,902
permits acts of force
that would be considered

1104
01:23:10,944 --> 01:23:13,947
excessive under
Inter-American standards.

1105
01:23:14,447 --> 01:23:17,450
We request that the Commission
instruct the United States

1106
01:23:17,492 --> 01:23:20,412
to amend use of force
laws and policies

1107
01:23:20,412 --> 01:23:22,664
for violations
of the American Declaration,

1108
01:23:22,914 --> 01:23:28,753
including Articles
1, 2, 18, 25, and 26.

1109
01:23:30,922 --> 01:23:32,924
♪♪

1110
01:23:32,966 --> 01:23:34,259
(leaves rustling)

1111
01:23:40,849 --> 01:23:42,434
(Maria speaking Spanish)

1112
01:23:42,475 --> 01:23:43,476
(child speaking Spanish)

1113
01:23:51,985 --> 01:23:53,945
(birds chirping)

1114
01:23:57,741 --> 01:24:00,118
Roxanna:
Alright, so...

1115
01:24:00,118 --> 01:24:03,288
we're gonna talk
about international
human rights law.

1116
01:24:03,663 --> 01:24:06,666
This is a case
about impunity at the border

1117
01:24:06,708 --> 01:24:11,046
and it's a case about all
the ways government officials

1118
01:24:11,087 --> 01:24:12,964
covered up the truth.

1119
01:24:13,840 --> 01:24:14,883
(activist speaking)

1120
01:24:24,517 --> 01:24:26,978
(John speaking Spanish)

1121
01:24:27,729 --> 01:24:30,315
(victim speaking Spanish
over video call)

1122
01:24:32,233 --> 01:24:33,943
(John speaking Spanish)

1123
01:24:35,987 --> 01:24:39,199
(light, tense music playing)

1124
01:24:43,787 --> 01:24:45,789
(music stops)

1125
01:25:01,304 --> 01:25:03,306
♪♪

1126
01:26:06,870 --> 01:26:09,080
(music fades out)