[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.
____________________