THREE INDICTED FOR OBSTRUCTION OF JUSTICE Marcos D. Jiménez, United S…

THREE INDICTED FOR OBSTRUCTION OF JUSTICE

Marcos D. Jiménez, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation (FBI), announced today that an indictment was returned charging Alexander Anazco, Asbert Anazco, and Armando Rodriguez with conspiracy to obstruct justice, in violation of Title 18, United States Code, Section 371.

These charges stem from the defendants’ ongoing activities to thwart and impede the federal civil rights prosecution United States v. Jesus Aguero, 02-21074-CR-King/Altonaga by providing false information to federal prosecutors and law enforcement officers.

In addition to the conspiracy charge, the Indictment charges the defendants with various substantive offenses. The defendants Alexander Anazco and Asbert Anazco, Alexander Anazco’s father, are charged with obstruction of justice, in violation of Title 18, United States Code, Section 1503. Alexander Anazco and Armando Rodriguez are charged with making false statements, in violation of Title18, United States Code, Section 1001. Armando Rodriguez is further charged with perjury for his false testimony at the civil rights trial, in violation of Title18, United States Code, Section 1623(a). Finally, Asbert Anazco is charged with witness tampering, in violation of Title 18, United States Code, Section 1512(b).

If convicted, the defendants could be sentenced to a maximum of five 5 years’ imprisonment and a fine of $250,000 for the conspiracy charge (Count 1); 10 years’ imprisonment and a fine of $250,000 for obstruction of justice (Counts 2 and 3); 5 years’ imprisonment and a fine of $250,000 for making false statements (Counts 4 and 5); 5 years’ imprisonment and a fine of $250,000 for perjury (Count 6); and 10 years’ imprisonment and a fine of $250,000 for witness tampering (Count 7).

The Indictment resulted from an investigation conducted by the FBI concerning the perjured testimony of Armando Rodriguez in the civil rights trial of United States v. Jesus Aguero, 02-20174-CR-King/Altonga. The civil rights case involved the alleged beating of Alexander Anazco by City of Miami Police during the course of an arrest on February 26, 1997. Alexander Anazco was arrested in 1997 for allegedly throwing a rock at a police officer on February 24, 1997.

On January 16, 2004, during the course of the trial, Armando Rodriguez, a car mechanic at Mito’s Brake Shop, falsely testified under oath that Alexander Anazco’s car had been at the shop overnight from February 24, 1997 to February 25, 1997, thereby giving Alexander Anazco an alibi during the supposed rock-throwing incident. Armando Rodriguez further testified that he did not have a personal relationship with Alexander Anazco, but only knew him as a client of the car repair shop. In truth, and as Armando Rodriguez admitted during cross examination, he and Alexander Anazco had been personal friends for several years. In addition, Armando Rodriguez later acknowledged that Alexander Anazco’s car had not been in the shop overnight on February 24, 1997.

Further investigation revealed that the false alibi was conceived in March 1997 when Asbert Anazco asked Armando Rodriguez to falsely report to law enforcement that Alexander Anazco’s car had been at Mito’s Brake Shop overnight on February 24, 1997 to February 25, 1997. Asbert Anazco also directed Armando Rodriguez to state that he did not know Alexander Anazco. Armando Rodriguez consented and made statements to law enforcement officers, including agents of the FBI and prosecutors at the U.S. Attorneys’ Office, creating the false alibi for Alexander Anazco’s car. Likewise, Alexander Anazco provided the same false alibi to federal agents and prosecutors.

Mr. Jiménez commended the investigative efforts of the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Joan M. Silverstein.

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