Three Toronto-area men say they were beaten and called Canadian Faggots by police. The three were due in court today, July 27th.,on charges of ressisting arrest. The men have said they are not gay. The FBI announced on Thursday, July 26, they will be looking into the case to determine if Federal laws were broken by police.
Articles and a Video Clip of Interview Posted. View Viedo Clip of Interview with Joey Abbruzzese FBI Probes Canadian Gay Bashings by Fidel Ortega 365Gay.com Newscenter
Joey Abbruzzese River Walk
(July 27, San Antonio, TX) The FBI says it will look into the case of two Toronto-area men who say they were beaten and called "Canadian faggots" by police in San Antonio, Texas. The men will be in court today in Texas, facing charges of resisting arrest.
As reported Monday by 365Gay.com Joey Abbruzzese, 20, and Gregory Maleszyk, 19 went for a walk along San Antonio's famous River Walk after visiting a nearby jazz club.
At one point Maleszyk lost his footing and began to fall into the water. Abbruzzese grabbed him and pulled him to safety. With his arm still around Maleszyk's shoulder, San Antonio police descended on them.
Surprised, the pair, did not at first believe the men were police officers and struggled. Both had heavy bruises to their eyes, shoulders and legs.
A third man Derick Anbradi, 21, also from Mississauga, Ontario contacted relatives of Abbruzzese whom the trio were visiting at the time.
River Walk popular with tourists by day is often a gay cruising spot at night. In the past two years more than 500 men have been arrested in the area.
The FBI announced Thursday it is looking into the case to determine if Federal laws were broken by police.
The men claim they weren't read their rights and had no idea they were under arrest until they were officially booked the next morning. Both men are charged with resisting arrest.
Maleszyk has returned to Canada. Abbruzzese is still visiting relatives in Texas. Both men will be back in court Sept. 17 to set a trial date
All three men say they are not gay. But, the allegations of police brutality and homophobic has sparked an outcry from GLBT organizations.
In Washington, the Human Rights Campaign, the country's largest gay and lesbian advocacy group has begun an investigation.
A similar probe has been started by he San Antonio Equal Rights Caucus.
Abbruzzese and Gregory Maleszyk have been provided legal counsel by the Canadian consulate in Dallas.
The Foreign Affairs Ministry in Ottawa has asked the State Department to investigate the men's charges they were denied access to Canadian consular officials despite repeated requests. Agreements between Canada and the US require police to notify the nearest embassy or consulate if any citizen is arrested.
A spokesperson for Foreign Affairs said it has not yet received an acceptable response.
In their report, the officers admit using force but only after the two men became combative. The officers also state that the tourists were the ones hurling the gay slurs and repeatedly yelled, "You aren't real cops. You can't arrest us. We're Canadians."
An internal inquiry by the city manager's office in San Antonio began this week.
©365Gay.com Ltd® 1999/2000/2001
Canadian Faggots by Ben Thompson 365Gay.com National Editor in Ottawa
(July 23, Ottawa) Ottawa says it is "deeply concerned" about three young Toronto area men, beaten and repeatedly called "faggots" by police in a popular Texas park.
Joey Abbruzzese, 20, Derick Anbradi, 21, and Gregory Maleszyk, 19, all of Mississauga, were in San Antonio visiting Abbruzzese's aunt when they decided to go to a jazz club. After leaving the waterfront bar the trio went for a walk along San Antonio's famous River Walk near the Alamo.
At one point Maleszyk lost his footing and began to fall into the water. Abbruzzese grabbed him and pulled him to safety. That's when the trouble started Maleszyk said.
"I had my arm around his shoulder so he could get his balance. Then two cops came over. The grabbed Joey's arm and pulled him away."
Abbruzzese was handcuffed and when Maleszk asked what was happening more cops arrived and wrestled him to the ground.
He says he was grabbed by the neck, choked, then had his head pinned down on the ground by the foot of one of the officers.
Maleszyk said while he was on the ground, he was handcuffed and hauled to a police car by his feet. He has scrapes and cuts to his face and shoulders the result of his face being dragged along the pavement.
The men say that when they showed their identification and the police saw the Ontario drivers' licenses, one of the officers said he had "two Canadian faggots."
They say they were repeatedly called "faggots and queers."
Andradi was not arrested and alerted Abbruzzese's relatives. Maleszyk and Abbruzzese were were stripped of their belongings and put in a cell. They say they were never told they were under arrest and at no time were their rights read to them, a requirement under the US constitution.
The men say they are not gay and did not know they were in a popular gay cruising area often targeted by police.
The two say they were unable to call Abbruzzese's family and were not permitted to phone Canadian consular officials in Dallas.
It was not until a court appearance the following day that they learned they had been charged with resisting arrest. The two were bailed out by Abbruzzese's relatives who notified the Canadian Consulate in Dallas. His aunt wants to know why police refused to let her nephew speak with Canadian diplomats.
Maleszyk and Abbruzzese return to court for a trial later this month.
Andre Lemay, a spokesperson for the Department of Foreign Affairs told 365Gay.com that "representatives from the ministry have spoken with the parents of the three men."
Abbruzzese has been given legal advice by a Canadian government lawyer, and may sue the San Antonio Park Rangers.
John Manley, the Minister of Foreign Affairs is aware of the situation, and the State Department in Washington has been notified. Manley is said to be pressing for an explanation as to why the men were not allowed to speak to the consulate.
Lemay said the ministry was particularly concerned about this aspect of case.
"Under international law they have the right to meet with their diplomats," Lemay said. "We take this very seriously," he told 365Gay.com. He said that a senior aide to the minister had spoken with the San Antonio police.
Last year a Canadian man was executed in Texas for murder. Police in that case had refused to let the man call the consulate at the time of his arrest. Canadian officials did not know of the case until almost a year later. Ottawa protested to the US government and supported an appeal to the Supreme Court that his rights had been violated. The appeal was rejected.
In the most recent case, a police spokesperson in San Antonio did not return calls from 365Gay.com.
George Smitherman, the Liberal critic for the Greater Toronto area in the Ontario legislature said he was concerned about the treatment the three had received. Smitherman, the only out member of the legislature, also attacked the use of homophobic epithets.
Lemay said that when Canadians travel abroad they should "do whatever police tell them, let officers know they are Canadians, and if arrested, they should tell authorities they want to see a representative of the Canadian Embassy or Consulate." Lemay said if Canadians get into trouble in a foreign country the consulate will get a lawyer to represent them.
The Gay and Lesbian Community Centre in San Antonio says more than 500 gays have been arrested in city parks in the past two years. It says Park Rangers engage in entrapment and alleges many of the men who were arrested were subjected to physical and verbal abuse.
It says the situation is so dangerous that it has issued a travel warning for tourists who intend to come to the city.
From her home in Toronto's east end, Abbruzzese's grandmother told 365Gay.com she hopes her grandson will return home in the next week or so.
©365Gay.com Ltd® 1999/2000/2001
Cops Expected To Refuse Cooperation by Fidel Ortega 365Gay.com Newscenter
(July 28, San Antonio) Two San Antonio police officers are expected to refuse to cooperate with an FBI probe into the arrests and alleged beatings of two Toronto area men.
The FBI announced Friday it would look into the case after Joey Abbruzzese, 20, and Gregory Maleszyk, 19, both of Mississauga claimed they were never read their rights. Under federal law that would constitute a violation of their civil rights. The Bureau has also been asked to determine if the pair had been denied access to Canadian consular officials as required under international law.
Investigators from the Dallas office of the FBI will begin the probe Monday to see if a full scale investigation is warranted. But, it is expected that the accused officers will refuse to submit to questions, their right under the US constitution.
Abbruzzese and Maleszyk, who had been visiting relatives in San Antonio, were leaving a bar in the city's famous River Walk. Abbruzzese stumbled on the way out and was caught by Maleszyk, making the heterosexual friends appear gay to Park Rangers. The following day they were charged with resisting arrest.
"If what the Canadian tourists say is true, and I continue to receive evidence that supports their allegations, a hate crime has been committed by law enforcement officials in San Antonio and the public trust has been violated," said Dan Castor, political action coordinator of the San Antonio Equal Rights Political Caucus.
The official police report will be turned over to the FBI investigators. The report, obtained by Texas gay paper Texas Triangle, contains a number of differences to the allegations of Abbruzzese and Maleszyk. The report is said to have been written a day after the incident.
Officer, Armando Vidales's official report says the men verbally harassed the officers, after they approached them for walking with bottles of beer in their hands "in a way in which they could fall into the San Antonio River and hurt them selfs [sic] and others."
"[Malesyk] was saying 'Fuck you, you can't arrest me, your [sic] not the fucken [sic] Canadian police, your just park rangers and you can suck my dick," the report said.
It also says Malesyk was then arrested and "double locked" in handcuffs.
The report claims that Abbruzzese "was stating that he was going to tell everyon [sic] that all the officers fucken choked him," and Maleszyk "was still telling [another officer] that we could not fucken arrest him and stated you are not real cops you are just fags."
The report does not mention the bruises and cuts on the men which the pair allege came from being beaten and dragged by the officers. The day after their release on bail, the cuts, scrapes and bruises were photographed by a lawyer obtained by the Canadian consulate in Dallas and by Texas Triangle.
Nor does the report indicate why an underage person caught with an open glass container of alcohol on the river walk would not be charged with anything less than "resisting arrest."
The Canadian government has asked the State Department in Washington for an investigation of the treatment of the men. As well, an internal inquiry is under way by the City of San Antonio.
©365Gay.com Ltd® 1999/2000/2001
'Fag Bashing' Cops In Trouble For Violence In Past by Fidel Ortega 365Gay.com Newscenter
(July 30, San Antonio) Two San Antonio park rangers accused of beating and verbally abusing two Toronto area men have a history of being accused of violence and civil rights violations.
The Mississauga men allege they were attacked while walking in a San Antonio park earlier this month. The pair were later charged with resisting arrest. (original story)
Friday, the FBI began an investigation to determine if the civil rights of Joey Abbruzzese, 20 and Gregory Maleszyk, 19 were violated. The men say in addition to being beaten by the officers they were never read their rights and were not allowed to contact Canadian consul officials in Dallas. (story)
Lt. Raymond Castro, who heads the park's police force acknowledged there have been prior allegations against the two officers, Fiolencio Castillo and Armando Vidales.
He said Castillo was formally accused of roughing up a Texas man two years ago. Although cleared by officials, Castillo is involved in a civil lawsuit stemming from that incident.
Castro said that Vidales was twice accused of abusing his power when he was an officer with another Texas force.
In 1997, Vidales was tried and found not guilty of police oppression. An investigation cleared him in another incident in which a woman claimed she was pepper-sprayed during a routine traffic stop. Vidales left the department, joining the park rangers in 2000.
During the FBI probe and an internal investigation by San Antonio city officials the two officers remain on duty. They have been given legal counsel by the police union. Texas does not have a civilian police review board to investigate complaints against officers.
Ron Smudy, the city's assistant director for park operations said the officers' histories would be considered in the internal review.
"Is it a possibility that we have a problem with an officer in the force? Yes, that's always a possibility," he said.
Abbruzzese and Maleszyk were arrested in a popular gay cruising area although they say they are not gay. In the past two years more than 500 men have been arrested in the park in what San Antonio's gay community charges is targeted harassment.
Harassment is not unusual for the the San Antonio police force. A year ago, an officer who was fired for refusing to target the homeless was awarded $500,000 by a federal court.
The jury in that case found that the police department illegally ordered its foot and bike patrols to "cleanse the downtown area in the interest of tourism."
©365Gay.com Ltd® 1999/2000/2001
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