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Because no one is above the law!

The Judicial Watch

A News Publication from Judicial Watch


July 2011

Volume 17

Issue 7

Carlos Martinelly-Montano

United States Secretary of Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano, an unlawfully present alien charged with killing a Benedictine nun and injuring two others in an August 2010 drunk driving incident in Prince William County, Virginia, for the period of October 1, 2010 through February 15, 2011. Any and all records of communications, contacts, or correspondence within the Department of Homeland Security concerning a report/memorandum prepared at the direction of the United States

Any and all records of communications, contacts, or correspondence with the White House and/or Executive Office of the President concerning a report/memorandum prepared at the direction of the

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Prince William County Police Department

JW Seeks Docs about Illegal Alien Charged in Killing Nun

heres something fishy going on over there at the Department of Homeland Security. And JW is trying to get to the bottom of it. On April 14, JW filed a Freedom of Information Act (FOIA) lawsuit against Homeland Security to obtain records detailing its investigation of Carlos Martinelly-Montano. This is the illegal alien who is charged with striking and killing a Virginia Benedictine nun in a drunk driving accident on August 1, 2010. As Verdict readers may recall, Judicial Watch obtained an internal Homeland Security report on the Martinelly-Montano investigation in response to a previous lawsuit. But now JW wants to get its hands on all communications between the DHS and the Obama White House, as well as internal Homeland Security records regarding the investigation and the report. Specifically, JW seeks the following pursuant to a February 16, 2011, FOIA request:

Secretary for Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano for the period of October 1, 2010, through February 15, 2011. In a letter dated February 24, 2011, Homeland Security indicated that it received Judicial Watchs request on February 17, 2011. The agency was required to respond by March 17, 2011. However, to date, Homeland Security has failed to produce responsive documents or indicate when a response is forthcoming. In other words, JW has come up against the typical Obama stonewall. And why is JW exploring contacts between the Obama White House and Homeland Security over this report? Because of the suspicious manner in which DHS handled the report release. On March 3, 2011, JW obtained an edited final Homeland Scurity report detailing the agencys investigation of Martinelly-Montano. The agency had promised a federal court that it would release the report earlier in the year. And, in fact, Judicial Watch received word via email from a Homeland Security official that the document had been cleared and would be released per a court order. But that is when Homeland Security pulled an about face, claiming the document was in draft form and therefore would not be released. (Reporting by The Associated Press sug-

2 July 2011

Volume 17

Issue 7 l Immigration Supplemental

gests that Homeland Security political appointees have improperly delayed FOIA requests on politically sensitive topics.) And then when JW did get the final report, it was curiously dated November 24, 2010. The report, which supposedly was produced for DHS Secretary Janet Napolitano, details the policies and actions of the Obama administration and local governments that allowed Martinelly-Montano, an illegal alien who committed a series of crimes, to remain on the streets despite being subject to deportation. Even in its edited form, the report confirms that the Obama administration decided not to detain the illegal alien after he served his jail sentence for drunk driving and released him onto the streets. The suspicious manner in which DHS handled the release of this report definitely merits further investigation, said Judicial Watch President Tom Fitton. There is no question the final report released to the public was edited and polished by Homeland Security. This all smacks of a cover-up. JW knows well why the Obama administration has been playing the stonewall game. The facts show Obamas lax approach to illegal immigration enforcement most

certainly will lead to the deaths of innocents at the hands of illegal aliens. Illegal alien sanctuary policies led to the release of Martinelly-Montano and therefore the death of Sister Denise Mosier. This is something the Obama administration would rather the American people not know. By way of review, Carlos Martinelly-Montano, who entered the country illegally as a child from Bolivia, allegedly killed Sister Denise Mosier and critically injured two other nuns while driving drunk in Prince William County, Virginia. He has been charged with involuntary manslaughter and drunk driving, but he never should have been on the road in the first place. Martinelly-Montano had previously been arrested in October 2008 for another drunk driving incident, and was placed in the custody of U.S. Immigration and Customs Enforcement (ICE). Though he was scheduled for deportation, his hearing was delayed three times, and deportation never occurred. And now an innocent nun is dead. You can be sure we will work to find out what other human time bombs the Obama administrations failure to enforce basic immigration laws has let loose upon the American people, continued Fitton. JW

Judicial Watch Board of Directors Chris Farrell Tom Fitton Paul Orfanedes Editorial Consultant Brandon Millett Circulation Director John Albertella Design Consultant Jeanne Minnix Graphic Design, Inc. Public Affairs Director Jill Farrell Production Manager Federico Lines Telephone (202) 646-5172 or 1 (888) 593-8442 Fax (202) 646-5199 Email Internet Site Send your comments and questions to Editor, The Judicial Watch Verdict c/o Annual suggested donation is $35. Requests should be sent to: The Judicial Watch Verdict Judicial Watch, Inc. 425 Third St., SW, Suite 800 Washington, DC 20024 The Judicial Watch Verdict is published monthly and distributed to its members, supporters and interested parties by Judicial Watch, Inc., a 501(c) 3 non-profit organization incorporated in 1994 in the District of Columbia. Copyright 2011 Judicial Watch, Inc. All rights reserved. Editorial content may be duplicated with attribution and without permission. July 2011 l Vol. 17 l Issue 7 Immigration Supplemental