[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           KEY DOCUMENTS PROVE INNOCENCE OF JOSEPH OCCHIPINTI

                                 ______


                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                      Wednesday, February 9, 1994

  Mr. TRAFICANT. Mr. Speaker, as part of my continuing efforts to bring 
to light all the facts in the case of former Immigration and 
Naturalization Service agent Joseph Occhipinti, I submit into the 
Record additional key evidence in this case.

                              [Affidavit]

     State of New York, County of Queens.
       James Ridgway de Szigethy, being duly sworn deposes and 
     states:
       (1) I make this affidavit on behalf of former Federal 
     Agency, Joseph Occhipinti, in support of his application for 
     a new trial. Attached as ``Exhibit A'', is an original 
     statement I personally drafted on December 29, 1993, which 
     states that Assistant District Attorney John F. Kennedy knew 
     of an existing conspiracy to frame Mr. Occhipinti on 
     fabricated Civil Rights Violations. Secondly, Assistant 
     District Attorney Kennedy stated he had been forced to 
     testify against Mr. Occhipinti and was being ``used'' to 
     prejudice the jury. Thirdly, Assistant District Attorney 
     Kennedy was convinced of Mr. Occhipinti's innocence prior to 
     his trial testimony.
       (2) On December 2, 1993, I wrote a letter to U.S. 
     Representatives James Traficant Jr; Susan Molinari; Dick 
     Zimmer; Jack Brooks and Staten Island Borough President Guy 
     Molinari, detailing the above. Attached as ``Exhibit B'', is 
     a copy of said letter.
       (3) On December 20, 1993, I voluntarily submitted to a 
     polygraph examination to support the above statement. The 
     polygraph examination was administered by Metro Security 
     International, Ltd., located at 160-19 Rockaway Boulevard, 
     Jamaica, New York. I was informed that the polygraph 
     examination proved I had been truthful relative to the above 
     statements.
       (4) I've executed this affidavit, as well as, the relating 
     correspondence, freely and voluntarily. No promises of 
     threats were made in exchange for my cooperation. I am 
     willing to testify, if needed, at any future judicial 
     proceeding or Congressional hearings relative to the 
     Occhipinti Prosecution.
                                      James Ridgway de Szigethy.  
       On or about the evening of June 11, 1991, I had a 
     conversation with Assistant District Attorney John Kennedy 
     Jr. concerning a man named Joseph Occhipinti. John and I were 
     casual acquaintances, and I ran into him by chance around 
     sunset in Central Park after I had finished my daily jog. He 
     was alone and accepted my invitation to come to my apartment 
     for a drink. The walk to my residence, a walkup, took about 
     15 minutes. During that time we talked about a variety of 
     things, including my daughter. John asked me various 
     questions about her, including how she was adjusting to being 
     separated from me now that I was divorced.
       After a couple of drinks at my apartment--Scotch on the 
     rocks--John began to open up to me about something that was 
     troubling him. He told me that there were two trials he was 
     involved in--and that he didn't want to have anything to do 
     with either of them. I knew what one of those trials was he 
     was referring to--the upcoming rape trial of his cousin 
     Willie Smith. John acknowledged that Willie was guilty, 
     saying, ``they (the family) should have done something about 
     Willie years ago when he first started doing this'', meaning 
     get help for him when he first started raping women. John 
     told me that when the trial took place, he would have to put 
     in an appearance in the courtroom. He told me he did not want 
     to do this and his mother did not want him to either. I 
     suggested that he not do it since Willie was guilty, but he 
     told me who was pressuring him and why. He said just his 
     presence in the courtroom would make an impression on the 
     jury, which is ``how they're using me in this other case.''
       He then began talking about this other case I was not 
     familiar with, which he said was a trial of an INS Agent 
     named Joseph Occhipinti. He said he was being forced to 
     testify, that like Patricia Bowman, the woman his cousin 
     raped, Occhipinti was an innocent victim, and that he had 
     been ``set up'' by ``the government, drug dealers, and Mayor 
     Dinkins'', who he said, the drug dealers had ``in their 
     pocket.'' He said the case ``stinks to high Heaven'' and it 
     was all about ``race, politics, and power.'' Again, I 
     suggested that if he didn't want to testify, then he 
     shouldn't, but he said he was being ``forced to.'' He did not 
     say by whom.
       He then said that Occhipinti only had himself to blame 
     because he was a ``racist who only targeted the drug dealers 
     in Washington Heights with such zeal because they are people 
     of color.''
       The minute he told me this guy was a racist, I lost all 
     sympathy for him, even though John told me how he had been 
     set up and was innocent.
       The only other conversation John and I had about Occhipinti 
     was on or about the evening of September 24, 1991. This 
     again occurred in my apartment. I was livid with John 
     because he had posed for a photograph with his cousin 
     Willie where the two of them were carrying a small boat. 
     It was obvious to me he was participating in the campaign 
     of character assassination being waged by his family 
     against Patricia Bowman, and that the photograph--which 
     was peddled to papers all over the world, was part of that 
     campaign. At first he denied it. I asked how it came to be 
     that even though they were on a beach in the middle of 
     nowhere a photographer just `happened' to be there? I told 
     him it was obvious the photograph was a public expression 
     of confidence and trust in his cousin, concocted by the 
     same P.R. people who were characterizing Ms. Bowman in the 
     press as a ``lying, crazy slut''. John then admitted the 
     photograph was ``staged, just like the whole Occhipinti 
     trial'', which by now had concluded.
       I then asked him if this was his new hobby, committing 
     character assassination against innocent people? He would not 
     answer nor look me in the eye. He was sitting on the couch 
     and I was standing, walking around. I then called him a 
     ``Profile in Cowardice'' and suggested he step forward and 
     vindicate Patricia Bowman and ``the INS guy.'' At that time I 
     referred to Occhipinti as ``the INS guy'' because I couldn't 
     pronounce his name. I remember every word of the next two 
     angry questions I asked him: ``How does it feel to be a 
     character assassin, John? How does it feel to be Patricia 
     Bowman's Oswald?''
       He did not say nor do anything in response--he just sat 
     there, his head hung down in shame. Then after a long, awful 
     silence, he said ``You just don't understand the pressure I'm 
     under!''
       I felt terrible so I apologized, saying, ``I'm sorry, 
     Little Brother.'' He said nothing else and it was obvious he 
     was deeply hurt. He walked out of my apartment and that was 
     the end of our friendship.
       The following June, something happened in Washington 
     Heights that confirmed what John had told me about Mayor 
     Dinkins and the power the drug dealers had over him. An 
     illegal alien drug dealer was shot by a cop. Dinkins 
     responded by attacking the cop in the press which so inflamed 
     the situation that riots broke out. Dinkins also paid for the 
     funeral with taxpayer dollars. I was outraged by this blatant 
     pandering to the drug dealers and their supporters, and it 
     made me curious about the Occhipinti case. I began to look 
     into it, and everyone I talked to familiar with the case told 
     me: that he was set up.
       I eventually learned that Mr. Occhipinti was not a racist, 
     as indicated by his support in the Dominican, Black, and 
     Hispanic community. In retrospect, I'm not sure John believed 
     what he told me about Occhipinti being a racist--he may have 
     just been repeating what had been said to him by those trying 
     to justify what they were doing to him. The more I learned 
     about this man, the more guilt I felt about knowing he was 
     innocent and doing nothing about it. I began to realize that 
     if I was going to have peace with myself, I would have to 
     stand up and do the right thing: come forward with what I 
     know.
       I knew if I did this it would hurt John Kennedy. This is 
     something I do not want to do. I feel sorry for John and wish 
     him the best. But everytime I feel sorry for John, I try to 
     remember that it was Occhipinti, an innocent man, who was 
     convicted. Who went to jail. Who lost his pension and career.
       The night that David Dinkins was defeated for re-election, 
     I decided it would be safe to come forward. I decided to find 
     Mr. Occhipinti and tell him what I knew. This was not an easy 
     task, as his life has been threatened and he has to be 
     careful as to his personal life and habits--much more so than 
     John Kennedy Jr. I found him by attending a party at the 
     Salmagundi Club on a night that works of art by cops were 
     being exhibited. I knew that in a room full of cops--all of 
     whom I knew would be Occhipinti supporters, I would be able 
     to find someone who could put me in touch with him. African 
     American crusader Roy Innis was there that night, and it was 
     he who gave me Mr. Occhipinti's phone number.
       I called Mr. Occhipinti, told him my story, and arranged a 
     meeting. His strength and courage has inspired me to stand up 
     for the Truth--regardless of the personal consequences. Joe 
     has forgiven me for knowing of his innocence and waiting 2 
     and a half years to come forward. He has forgiven John 
     Kennedy Jr. for what he has done. Now I only hope and pray 
     Joe gets a new trial. I will happily testify for the defense 
     in the retrial. I believe in my heart John Kennedy Jr. will 
     also.
                                        James Ridgway de Szigethy,
     30 December, 1993, New York City.

                          ____________________