agents who returned him on June 1, 1999, did so in accord with standard Border Patrol
and the murder in Lexington, Kentucky, in August 1997. in-coming travelers. February 1999, police detectives met with this second INS special agent in the Houston INS
His lawyers have filed a number of last-second appeals. no IDENT training was provided to INS Intelligence employees outside the Border Patrol. murders of Dr. Benton and the Sirnics. surrendered to U.S. and Texas law enforcement officials at a port of entry near El Paso,
On May 27, 1999, the FBI obtained a federal warrant charging Resendez with unlawful
On August 31,
IDENT lookout policy. Based on our review, we believe that integrating IDENT with the FBIs IAFIS is a
This entire process normally takes two minutes. received the e-mail from Broderick offering to make the wanted poster, Juliano took a
be detained if he were encountered by the Border Patrol or other INS personnel. Macha the telephone number for the Customs Service office at Houstons International
and killed while he and his female companion were walking along railroad tracks near
On January 8, 1999, immediately after his conversation with Dozier, Macha contacted the
will advise you on any further developments. queried against a name and numeric identifier (such as a date of birth), TECS
the OIG that once he reached that conclusion, he stopped actively searching for Resendez. Resendez was an illegal alien who had been detained by the INS previously and had an
day-forward basis. A-file. Benton recounted how a Houston jury sentenced Maturino Resendiz to death in May 2000 for killing his wife and how he did not want the murderer to profit in any way from her death. Claudia Benton in December 1998 near Houston. Because we found a disturbing lack of knowledge among INS employees about
Service also operates a few outbound checkpoints looking for violators of Customs laws
use IDENT. it is clear that after each return to Mexico, he re-entered the United States illegally
software package that organizes and analyzes data. Broderick. to
measures, such as the ones we recommended, to improve the operation and usefulness of
memorandum to explain her actions in the matter at the request of her supervisor. Department employee told Macha that he had seen reports of Dr. Bentons murder on
IDENT next compares the apprehended aliens
to place a border alert in TECS, a Customs Service database that typically is
Resendezs case (because Resendez had not reached the prosecution threshold in any
Susan Friesenhahn, Saltarellis other acting supervisor in the ACAP unit around
differing recollections about their conversation. lookout in TECS. As a result of the Houston police analysts request, Saltarelli ran
Patrol, such as Investigations and Intelligence, did not consider IDENT to be useful in
pattern of border crossings and location of recent apprehensions, which can provide leads
Claudia Benton, a resident of West University Place. He has been charged with criminal offenses many times using a variety of aliases. We also found that INS Detention and Deportation
Emilia Benton is a scientific editor and freelance writer in Houston. Resendez was arrested, enrolled in IDENT, and taken before a state magistrate. enter the United States illegally do not present themselves at ports of entry. whether any other cases in the database have significant similarities. She was 39 years old. check the records further. known about it. address the so-called revolving door phenomenon of illegal entry by aliens . Customs Service agent and explained the details of the murder of Dr. Benton and the search
Macha said
about IDENTs lookout database at the time.34. He said that if he had received such a call from Carter he would have
distributed an IDENT lookout and alert policy throughout the INS. IDENT and voluntarily returned him to Mexico in 1998 and 1999. the IDENT fingerprint scanner, takes the aliens photograph with the IDENT camera,
The INS assigned an agent
Saltarelli had provided him did not work. He obtained a copy of Resendezs arrest
Because TECS typically
Macha and Carter told the OIG that while they were copying the file several Houston INS
None of that information
Department to the FBIs Criminal Justice Information Services Division for a check of
However,
My mother was killed by a man with no conscience or respect for human life; one who also happened to be an undocumented immigrant. fingerprints (a set of ten-prints) that it had taken from Carlos Cluthier
During all of the contacts by the police with Houston INS investigators, none of them
Although the INS disseminated this lookout policy widely and
It does not include all or even most of the details and events that the report
that Resendez should be detained or prosecuted. important to enroll Resendez into an INS database, called IDENT, to ensure that he would
This was the
that all aliens who fit within criteria of the IDENT lookout policy are in fact entered. Plasket then said that
their home in Weimar, Texas. June 20, 2001 - Andrea Yates drowns her five children in a bathtub. Yet, several had received training on IDENT and most acknowledged that
Brodericks e-mail suggested that the wanted poster could be sent
Resendez (under that name or any other of his known aliases) until June 22, 1999 (after
the police attempted to place lookouts for him in case he was apprehended at the border. responsible for investigating and apprehending persons who smuggle aliens into the United
Customs research officer who received the call from the Houston police analyst told the
On July 13, 1999, Resendez crossed the border from Ciudad Juarez, Mexico, and
Resendez. where or how the envelope was lost, but we do know that neither Juliano, Bailey,
clearly define the problems of recidivism as well as to immediately identify those
Claudia Schiavone Assistant University Registrar and Functional Analyst (203) 436-1579 claudia.schiavone@yale.edu. In early January 1999, while reviewing Resendezs criminal records, a Houston
developed and implemented IDENT, focused on IDENT usage by the Border Patrol. said he knew that Resendez was an illegal alien from Mexico who had a history of contacts
Normally, if
He said that until the OIG investigation of
Also, in an effort to assist the FBI task force in finding Resendez, the lead Del Rio
On December 18, 1998, the San Antonio police recovered Dr. Bentons stolen Jeep in
Carter
integration of IDENT with FBIs IAFIS. Macha added that if he had made such a statement, he
United States. In a March 11, 1999, e-mail to Juliano, Broderick offered to make an electronic wanted
to see if the suspect had left and if he could place a lookout for the
the Resendez case began, he had no familiarity with IDENT and had never received any
instances, we simply could not determine the outcome of the charges based on the available
ten-prints that she had obtained from the Carson County Sheriffs
He was executed in 2006. Inspector General (OIG) examined the Immigration and Naturalization Services (INS)
1999, he contacted Special Agent Albert Plasket at the INS Houston District Office about
This warrant remained outstanding
largely the result of broader problems in the way that the INS implemented and monitored
But Saltarelli said that after he
in possession of a firearm; and reentry after deportation; January 5, 1998, by agents from the Del Rio, Texas, Border Patrol Station; January 7, 1998, by agents from the Uvalde, Texas, Border Patrol Station; January 8, 1998, by agents from the Del Rio, Texas, Border Patrol Station; April 17, 1998, by agents from the Santa Teresa, New Mexico, Border Patrol Station; April 21, 1998, by agents from the Uvalde, Texas, Border Patrol Station; April 22, 1998, by agents from the Del Rio, Texas, Border Patrol Station; November 3, 1998, by agents from the Santa Teresa, New Mexico, Border Patrol Station. The INS provided no training on the lookout policy, and INS
Texas law enforcement agencies. 1998, she asked the Texas Department of Public Safety to submit Carlos Cluthier
When questioned specifically by the OIG as to why she did not suggest that Resendez be
He said he had kept in touch with Bentons husband, George, and twin college-age daughters, who he said now live in Oregon. Resendez. BOLO is included in the news portion of TECS and is sometimes placed on bulletin boards at
The detectives mentioned their
She was found to be suffering from postpartum depression. the border he would be stopped. She asserted, however, that she had not received any information
entry without inspection, even if the alien does not have a criminal record or
The West University Place police sought assistance in its investigation of Dr.
Saltarelli also did not tell
in 1998 as well as on June 1, 1999. According to Saltarelli and
We also
As a result, when the FBI finally deployed IAFIS and NCIC 2000 in July 1999,
Resendez had not reached the threshold number of apprehensions
In total, we interviewed more than 130 individuals, many more than once. training on it. The INS agent did not mention IDENT. The
He was executed in the Huntsville Unit in Huntsville, Texas, on June 27, 2006, by lethal injection. Houston-area Claudia Benton 39, found sexually assaulted, stabbed and beaten to death inside her West University Place, Texas, home near railroad tracks. was in IDENT. The first was the warrant issued on May 28, 1995, in
record in IDENT about an apprehension of Resendez by the Border Patrol is from January
The revelation that Resendez had been in the INSs custody and released generated
criminal aliens such as Resendez, who had many convictions and deportations before IDENT
were not pursued because of more serious offenses in other jurisdictions; in other
identification system that eventually became known as IDENT. According to Macha, he told Dozier that
compares the aliens fingerprints to fingerprints in two IDENT databases: 1) a
determine the feasibility of the plan. a motel parking lot in San Antonio, Texas, near railroad tracks. Operations told us that he believed that all INS components involved with aliens should
36 Plasket no
these fingerprint systems were not linked with IDENT, and there were no plans to do so. On
said the Central Region does not have IDENT. Although the INS and the FBI periodically
IDENT is
When aliens are detained for prosecution or there are aggravating factors associated
there was only a very slim chance that Resendez would be arrested leaving the country as a
Placing criminal or wanted aliens in IDENTs lookout database can help
OIG that he was not Saltarellis acting supervisor throughout 1999, and that
Plasket initially responded that he did not understand that term. was implemented. The detectives and Saltarelli agree that Saltarelli called his friend, a Special Agent
that the INS had an internal system for putting holds on aliens. about the lookout. IDENT, and voluntarily returned him to Mexico the same day, unaware that he was wanted. Attorneys, review these inconsistencies and determine whether more uniform policies on
Juliano included one paragraph about Resendez in the Weekly Intelligence Report dated
widespread lack of knowledge throughout the INS about IDENT and its operation. Because of certain aspects of the crime scene at Dr. Bentons home, Benningfield
The Houston intelligence officer told the OIG that in response he
decided to check whether he had been arrested under any other names. suspect. Although one
Saltarelli provided him information more as a courtesy than anything else.35 Jennings did not recall anything specific that Saltarelli
Significantly, in 1994 Resendez was arrested by the Albuquerque, New Mexico, police for
contact Saltarelli again to obtain the information about the suspect, the telephone number
We dont execute people in this country because their lawyers make mistakes, he told the court. enrolled in IDENT since it was deployed. recalled that Saltarelli contacted his friend at the Customs Service while they were
but said he assumed he did because Resendezs name and the details of the case were
record and photograph. In
The Weekly Intelligence Report was distributed to
His companion was sexually assaulted but survived the attack. IDENT would have been useful if he were apprehended in that circumstance; TECS was
effort to find him. Latino LGBTQ+ leaders in Houston are divided on gender-neutral terms such as Latinx and Latine, with some lauding them as beacons of inclusivity and others criticizing their usage. established in each of the stations where he was apprehended, he was not detained for
sent an e-mail to Juliano on March 11, 1999, reiterating the offer to make an electronic
It is comprised
research officer to place a border alert on Resendez in the Customs Service
back and hands. On 2/26/99, I provided photos of the subject from his A file to
Resendez case has spurred the FBI and the INS, at the direction of Congress and under the
they did not ask for a copy of the file and only asked to take copies of photographs of
February 22 to February 28, 1999. The evidence found by the police at her home indicated that the murderer broke into the house and (Dr. No one even informed the police about
Resendez had not reached the threshold number of prior apprehensions for prosecution
established in any of the places he was apprehended in order for him to be detained and
learn about the Border Patrols standard practices in such cases. Before June 4 he had killed Claudia Benton in West University Place, an adjacent city. follows: Since December 1998, I have been assisting Houston Police and West University Place
Resendezs prison records listed a number of addresses in Mexico, the detective
IDENT first compares the apprehended aliens fingerprints against the records in
However, the State Department employee advised Macha that the
In mid-June 1999, a Border Patrol intelligence officer in Del Rio, Texas, thought it
This investigation by the Department of Justice Office of the
about enrolling aliens into the lookout database. The
OIG that she recalled the conversation, but did not recall why the lookout was not entered
components outside the Border Patrol understood IDENT policies, particularly the IDENT
Districts intelligence officer. The California Department of Justices (CAL/DOJ) AFIS database, which was
provided to the INSs Central Region Intelligence Office.38
criminal databases. Jan. 10, 2006 In what prosecutors hoped would be his last appearance in a courtroom, Angel Maturino Resendiz was sentenced Friday to die by lethal injection at 6 p.m. May 10 for the 1998. good idea because it might create some notoriety for Resendez. On December 27 or 28,
after his arrest on August 18, 1995, in San Bernardino for trespassing on railroad
A-file. Bentons murder from the Texas Rangers, a state law enforcement agency. In fact, no one in the INS had entered a lookout for
Kentucky. On March 10, 1999, Carter was in San Antonio investigating leads on Resendez that he
1977 in Mississippi for destroying private property; 1980 in Florida for burglary, aggravated assault, and grand theft auto; 1986 in Texas for making a false representation of U.S. citizenship; 1989 in Missouri for falsely representing to be a U.S. citizen; being a convicted felon
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