The Pennsylvania prosecutor who failed to secure felony convictions
against two teens in the beating death of a Mexican immigrant says he
thought his case was "compromised" from the start.
Like many
residents in the small, tight-knit eastern Pennsylvanian community of
Shenandoah, Schuylkill County District Attorney James Goodman knew that
an officer investigating the death of Luis Ramirez was in a
relationship with the mother of one the teens involved.
Goodman also believed the investigation and evidence hadn't been handled as it should have been.
"They
didn't interview the perpetrators, the boys. In fact, not only did they
not interview them, they picked them up, gave them rides, helped them
concoct stories, brought them back and told the boys what to say,"
Goodman told CNN.
The son of Shenandoah Police Lt. William Moyer
also played on the same football team as the teens who were involved in
the July 2008 street brawl, according to court documents.
"It's
clear they were trying to help these boys out, for whatever reason --
they were football players, these police officers were trying to help
these boys out and limit their involvement in the death of Luis
Ramirez."
Early on, Goodman says his office reached out to the
U.S. Attorney's Office with his concerns. Their investigation led to a
federal indictment alleging that the teens, Brandon Piekarsky and
Derrick Donchak, participated in a scheme to obstruct the investigation
with the help of Moyer, Shenandoah Police Chief Matthew Nestor and
Police Officer Jason Hayes, who was dating Piekarsky's mother.
Moyer,
Nestor and Hayes pleaded not guilty in U.S. District Court in Scranton
on Tuesday. Moyer and Hayes were released; Nestor is being held under a
magistrate's order, his lawyer, Patrick M. Rogan said.
"The
situation is very tragic in many ways and too many families and I'm not
in any way taking the attention away from what happened to the Ramirez
family," Rogan said. "But I believe that after a full airing of the
case and the situation that my client will be fully exonerated."
Piekarsky and Donchak are also charged with a federal hate crime for fatally beating Ramirez allegedly because of his race.
The
two are serving prison sentences after a Schuylkill County jury found
them guilty in May of misdemeanor simple assault in Ramirez's death.
They were acquitted of felony charges of ethnic intimidation, a hate crime according to Pennsylvania law, and hindering apprehension.
Piekarsky,
who was accused of delivering the fatal kick to Ramirez's head while he
was on the ground, also was found not guilty of third-degree homicide.
Anticipating the potential jury verdict, Goodman says his office considered a plea deal.
"We
knew there were problems with the evidence, with what the police did,
with the reports that were generated," he said. "We knew our case was
compromised and we knew we didn't have the strongest case going forward
and that's why we entertained the plea deal."
The plea deal never panned out, but Goodman says he does not fault the jury for reaching its verdict.
"With
the evidence, the police, what they did, we don't get to pick our
evidence either and you've got to play the hand you're dealt," he said.
"We respect their verdict and now the federal system has spoken and
we'll see what happens there."
The federal indictment alleges
that, shortly after the July 12, 2008 fight, Piekarsky went with Hayes
and Moyer to the scene of the assault and told them about it.
After
talking with them, the indictment says Piekarsky went to Donchak's home
and made an agreement with Donchak and others, including two of the
alleged participants "to give a false account of the assault on L.R.
[Luiz Ramirez] to authorities in official statements," the indictment
says.
Prior to leaving the home, the young men "created a false
version of events to be incorporated in official police reports which
omitted references to Brandon Piekarsky kicking L.R. and to the racial
motivation for the assault," the indictment alleges.
Moyer is
accused of instructing the teens to dispose of their shoes; he is also
accused of mischaracterizing witness accounts to minimize Piekarsky's
role. Hayes and Nestor are accused of creating false and misleading
investigative reports, among other allegations, according to the
indictment.
Piekarsky's relationship with the officers and
rumors of a cover-up have been circulating among the community ever
since Ramirez died after two days on life support. Ramirez, a
25-year-old father of two, was living with the mother of his children,
a lifelong resident of Shenandoah. He was walking her sister home the
night of July 12 when he encountered Piekarsky, Donchak and several
other members of the Shenandoah High School football team, who were
leaving a local festival.
Prosecutors alleged that the teens
baited Ramirez into the initial confrontation after a night of
drinking, hurling racial epithets at the undocumented Mexican immigrant.
After
the fight broke up, witnesses said Ramirez came back at the teens. They
beat him so severely that, according to medical testimony, brain tissue
oozed out of his skull during surgery at a hospital.
Defense
lawyers argued that Ramirez's death was a street brawl gone wrong that
was not motivated by racial bias. They also suggested that Ramirez was
responsible for triggering the second confrontation.
Ramirez's fiancee, Crystal Dillman, said the indictments bring a measure of hope that justice will finally be served.
"We
prayed for this day. And it finally happened. It was a gift from God, a
Christmas present from God. It was a long-time coming but it was
definitely worth the wait."