March 8, 2007

In USA vs. George Boley
Did US Government act on false Alarm?
An Analysis of Boley Press Statement by Thomas Kai Toteh

 

In July 2006 Dr. George Boley was arrested and criminal charges (Criminal Compliant, Case No. 06-MJ-597) were filed against the former Liberia’s education minister by an ICE Special Agent Matthew R. Meyer, for alleged visa fraud,  in United States District Court, Western District of New York, in the City of Rochester, New York.
 
The news of his arrest and consequent charges for visa fraud was first reported in Rochester Democrat and Chronicle. Shortly, the news began to circulate and landed in the Liberian media. Then the debate started in the Liberian communities in Liberia and the Diaspora.
 
George Boley had U.S. permanent resident status from 1979 and has been in and out of the U.S. over the


Mr. George E. S. Boley  Photo: (courtesy of FPA)

years. So many people who know Boley’s past political activities thought he might have misused his immigration privileges during his stay in Liberia from 1979 up to the time he became chairman for the defunct Liberia Peace Council; one of the warrant factions that fought to oust Charles Taylor. 
Later, there were speculations that the immigration charges were intended to lead US government to Boley political past in Liberia. This means that the U.S. Government agents would do anything legally or illegally to get some information from Boley about his LPC connection. 
After serving the arrest and search warrants, ICE Special Agent Matthew R. Meyer, according to Boley press statement, slapped a pair of handcuffs on his wrists; hands behind his back, he tightened the handcuffs such that they began to cut into his wrists, momentarily cutting off blood circulation to his palms and fingers (“an act of torture in effect”) while repeatedly directing the following threatening and menacing comments at Boley: 
“You were with the LPC, uh. Bad things happened, uh. My government is interested. If you want to talk about that, we can ask the judge to drop these charges (pointing to the document containing the Criminal Compliant he handed Boley a few minutes prior to putting the handcuffs on his wrists). It’s up to you.” 
 
Can ICE special agent, Matthew Myer’s method of interrogation (seeking confession on issue for which Boley was not arrested) be attributed to Contradiction/Conspiracy?
 
“Speculations abound as to individuals and organizations responsible for my arrest,” said Boley in a recently published press statement. Boley believes Human Rights groups, the government of Liberia, are among those named. He said one must, however, deal with facts rather than “hearsay,” though recent slanderous comments, on Minnesota Public Radio 17th November 2006, by Jennifer Presholdt, Deputy Director of the Minnesota Advocates Human for Rights, Implementing Partner of the Truth and Reconciliation and Commission in Liberia, leaves one to wonder as to the validity of these speculations. “I choose to deal with the facts at hand devoid of speculations,” Boley said in his press statement. 
Boley dismissed Jennifer Presholdt’s remarks on Minnesota Public Radio that he was in custody in the United States for human rights-related crimes in Liberia, as purely symptomatic of her criminal mindset that, regrettably would discredit the Minnesota Advocates for Human Rights group.   In the words of George Boley, “If these people are supposed to be making recommendations to the U.S. Government and the TRC; and without taking statement of facts, they already know who are guilty of war crimes in Liberia, how credible are they?” 
 
After three months of legal proceedings by the United States attorney for Western District of New York, the court ruled: Pursuant to the rule 48 (a) of the Federal Rules of criminal procedure and by leave of Court endorsed hereon, the United States attorney for Western District  of New York hereby dismisses complaint 06-MJ-597 against George Boley, defendant.
 
 Rule 48 (a) states:  The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
 
In keeping with rule 48 (a) Federal Rules of criminal procedure, the charges were dismissed because they were nothing but conjecture and supposition, without an iota of truth as per the failure of the accusers to present evidence to substantiate their claims.
 
But the battle continues as Boley goes after some individuals, who according to him damaged his reputation either by defamation or libel. Boley has contacted Kerri Miller of the Minnesota Public Radio, who hosted the program on 17thNovember 2006 on which Jerome Verdier, Chairman of the Truth and Reconciliation commission of Liberia; and, Jennifer Prestholdt, Deputy Director of the Minnesota Advocates for Human Rights were guests, to correct “this seemingly deliberate campaign of disinformation by Ms. Prestholdt.” But the radio host has not done so. Jennifer Prestholdt has yet to retract her interview, according to George Boley.
 
The question many legal analysts and those in the media law and ethics want answered is did Jennifer Prestholdt made these aforementioned comments as claimed by George Boley? (Jennifer Prestholdt remarks on Minnesota Public Radio that he was in custody in the United States for human rights-related crimes in Liberia.) Did Kerri Miller of the Minnesota Public Radio contact Boley to get his side of the story? If Jennifer Prestholdt made these utterances on radio and other publication then we are talking Libel and defamation:
 
Libel: "a publication without justification or lawful excuse which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule."
 
No. The law presumes that some damage will flow from the publication of a libel.
 
No. The law presumes in the plaintiff's favor that the statement is false, unless and until the defendant proves the contrary. 
 
SLANDER - A false defamation (expressed in spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel.

The defaming of a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance.

 

 

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