[Congressional Record Volume 140, Number 118 (Friday, August 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    FAILURE TO PROTECT OUR CHILDREN

  Mr. ROTH. Mr. President, a month ago, I brought to the Senate's 
attention a deplorable situation involving allegations of child 
molestation and the failure of two U.S. Government agencies, the U.S. 
State Department and the U.S. Justice Department, to carry out their 
responsibilities to protect our children.
  In 1991, the Department of Justice indicted John Wetterer, a U.S. 
citizen, in New York for mail fraud and interstate transportation of 
stolen property for allegedly raising money under false pretenses for 
an orphanage he runs in Guatemala. The indictment alleged, among other 
things, that Mr. Wetterer used his orphanage to, induce, entice and 
persuade the boys to submit to his sexual activities. A Federal 
investigator, in a sworn affidavit, asserted that Mr. Wetterer 
regularly molests young boys who reside at--the orphanage--and on whose 
behalf he solicits charitable contributions in the United States.
  Despite knowing that Mr. Wetterer was facing a Federal indictment for 
sexually abusing young boys at his orphanage and despite knowing that 
the Justice Department has been trying to extradite him, somehow the 
American Embassy in Guatemala, which we depend upon to protect United 
States citizens, placed at least one and perhaps more American young 
people at risk by placing them in the orphanage run by Mr. Wetterer.
  If the situation had stopped there, it would be bad enough but, 
incredibly, it gets worse. On February 28, 1994, an American Foreign 
Service officer in Guatemala wrote Mr. Wetterer a thank you note on 
Embassy stationery. This is the same Embassy that had been involved in 
the efforts to extradite Mr. Wetterer back to the United States to face 
the charges against him.
  I wrote to Attorney General Reno on June 14, 1994, to find out 
whether the Justice Department intended to further pursue this matter 
after the Guatemalan Government denied our initial extradition request. 
On August 15, 1994, I received a reply from Assistant Attorney General, 
Sheila Anthony, in which she stated that the Department of Justice, and 
I am quoting, ``does not believe that it would be feasible to resubmit 
another request to the Government of Guatemala for Mr. Wetterer's 
extradition at this time.'' I found this response astonishing because 
it appears that no real serious effort was made to pursue even the 
initial extradition request. Yesterday, I received another letter. This 
one, from the Attorney General, in which she states that ``every effort 
is being made, under my personal supervision, to apprehend Mr. 
Wetterer.'' I trust that this most recent letter states the true intent 
of the Justice Department and the Attorney General.
  At my request, the State Department's inspector general launched an 
investigation of this matter. I have not yet been able to receive a 
briefing on the result of the inspector general's investigation, 
because, according to the inspector general's office, the U.S. attorney 
in Brooklyn, NY is now reviewing the results of the inspector general's 
investigation. However, according to an article published in Newsday on 
August 17, 1994, the inspector general's investigators discovered that 
there have been 15 recent cases in which Guatemalan courts initially 
denied United States extradition requests. In all of those cases, 
except one, the United States Embassy appealed the decisions to a 
higher Guatemalan court. The only case in which our Embassy did not 
file such an appeal was the Wetterer case. Let me repeat that: Of 15 
recent cases in which Guatemalan courts initially denied United States 
extradition requests, the Wetterer case was the only one that the 
United States Government did not appeal.
  Why has the Wetterer case been treated differently from other cases? 
I would hope the Attorney General would answer this question. Again, 
according to Newsday, the IG's report found that the United States 
Embassy in Guatemala effectively sided with Mr. Wetterer despite the 
very serious charges pending against him. Apparently there was a 
feeling that Wetterer's extradition would upset diplomatic relations 
with Guatemala because Wetterer has friends in high places in 
Guatemala.
  If these reports are accurate, in my view this administration failed 
miserably in fulfilling its pledge to protect children. Apparently, 
going easy on an indicted child molester with friends in high places to 
avoid upsetting a foreign government was more important that protecting 
American children and bringing a fugitive to justice.
  I have been trying for some time to find out the facts of this case 
with little cooperation, particularly from the State Department--
although I do believe that Department's inspector general has given 
this matter serious attention. I wrote to Secretary of State Warren 
Christopher back on March 9, 1994, and most recently, on June 14, 1994, 
asking to review cable traffic and other documents to determine what 
actually happened in this matter. I have yet to receive a written 
response from the Secretary of State. One can only wonder what is going 
on?
  I am glad that Attorney General Reno is giving this matter her 
personal attention and I hope that the Secretary of State does 
likewise. If there is no movement on the Wetterer case I expect to meet 
with the Attorney General. I have informed representatives from both 
the State and Justice Departments that I expect some coordinated action 
in this matter from these two agencies, coordination that has obviously 
been previously lacking. What we have here is a situation wherein one 
hand of the U.S. Government has indicated Mr. Wetterer for sexually 
abusing children and is seeking his extradition, while the other hand 
is placing American children under the care of this man and writing him 
thank you notes for his help. Whether through ignorance or arrogance, 
the State Department's actions in this case are reprehensible, and made 
worse by its stone-walling my efforts to get to the bottom of this 
case. I intend to continue to pursue this matter, until I do get to the 
bottom of it, in order to ensure that protecting children is a top 
priority. As our Nation's most valuable resource, our children deserve 
no less.
  Mr. President, I ask unanimous consent that a copy of my 
correspondence from the Justice Department and an August 17, 1994 
article from Newsday be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                     :U.S. Senate,


                            Committee on Governmental Affairs,

                                    Washington, DC, June 14, 1994.
     Hon. Janet Reno,
     Attorney General of the United States, U.S. Department of 
         Justice, Washington, DC.
       Dear Attorney General Reno: I am writing to inquire about 
     the status of a matter involving the Department of Justice.
       As you may know, John H. Wetterer, a United States citizen 
     currently residing in Guatemala, has been indicted in the 
     Eastern District of New York (CR. No. 91-112) on mail fraud 
     and interstate transportation of stolen property charges in 
     connection with his Guatemalan orphanage, Mi Casa. The 
     indictment alleges, among other things, that Mr. Wetterer 
     used his orphanage to ``induce, entice and persuade the boys 
     to submit to his sexual activities.'' A federal investigator, 
     in a sworn affidavit, asserted that Wetterer ``regularly 
     molests young boys who reside at [his orphanage] and on whose 
     behalf he solicits charitable contributions in the United 
     States.''
       I am aware that the Justice Department has previously 
     sought extradition of Mr. Wetterer, but the Guatemalan 
     government has denied the extradition request.
       However, I understand that subsequently a superseding 
     indictment has been returned against Mr. Wetterer. In light 
     of the additional evidence compiled in this case, I am 
     writing to inquire whether the Justice Department has filed 
     or intends to file another extradition request regarding Mr. 
     Wetterer.
       I trust that this matter will be given your immediate 
     attention and I look forward to hearing from you as soon as 
     possible. Please contact Stephen Levin of my staff at (202) 
     224-9157 regarding this matter.
           Sincerely,

                                         William V. Roth, Jr.,

                                          Ranking Minority Member,
                         Permanent Subcommittee on Investigations.
                                  ____



                               Office of the Attorney General,

                                  Washington, DC. August 18, 1994.
     Hon. William V. Roth, Jr.,
     Ranking Minority Member, Permanent Subcommittee on 
         Investigation, Committee on Governmental Affairs, U.S. 
         Senate, Washington, DC.
       Dear Senator Roth: This is to supplement a letter to you 
     from Assistant Attorney General for Legislative Affairs 
     Sheila Anthony, dated August 15, 1994, regarding the 
     potential extradition of John H. Wetterer from Guatemala.
       Please be assured that every effort is being made, under my 
     personal supervision, to apprehend Mr. Wetterer. A team of 
     senior Department of Justice prosecutors has been working 
     with State Department personnel to identify every potential 
     option to return him to the United States for prosecution. 
     Although Guatemalan law and procedure are often unclear, we 
     are striving to obtain the very best factual and legal 
     information from reliable and authoritative sources, 
     including Guatemalan authorities and private Guatemalan legal 
     counsel retained to help represent the interest of the United 
     States.
       Although we are not in a position to submit a second 
     request for extradition at this time, every effort is being 
     made to assure that justice is done in this case. I would be 
     happy to meet with you personally at any time to discuss this 
     matter further.
           Sincerely,
                                                       Janet Reno.
                                  ____

                                       U.S. Department of Justice,


                                Office of Legislative Affairs,

                                  Washington, DC, August 15, 1994.
     Hon. William V. Roth, Jr.,
     Ranking Minority Member, Permanent Subcommittee on 
         Investigations, Committee on Governmental Affairs, U.S. 
         Senate, Washington, DC.
       Dear Senator Roth: This responds to your letter to the 
     Attorney General, dated June 14, 1994, regarding whether the 
     United States Department of Justice intends to make a second 
     request to the Government of Guatemala for the extradition of 
     John H. Wetterer. The Department shares your concern over 
     this matter and we have looked into the procedural status of 
     the case.
       As you indicated, the Government of Guatemala denied the 
     first request of the United States for Mr. Wetterer's 
     extradition. Unfortunately, according to Guatemala 
     authorities, under the law of that country we cannot re-
     submit an extradition request based on the same charges. 
     Moreover, subsequent to the denial of this extradition 
     request, the Government of Guatemala apparently prosecuted 
     and acquitted Mr. Wetterer of charges stemming from the 
     United States Department of Justice's original and 
     supplemental indictments against Mr. Wetterer. We understand 
     that it is virtually certain that the Government of Guatemala 
     would not extradite Mr. Wetterer to the United States to be 
     prosecuted for crimes for which they believe he has been 
     acquitted. The Department of Justice, therefore, does not 
     believe that it would be feasible to resubmit another request 
     to the Government of Guatemala for Mr. Wetterer's extradition 
     at this time.
       I hope this information is helpful. If the Department of 
     Justice can be of further assistance with regard to this or 
     any other matter, please do not hesitate to contact us.
           Sincerely,
                                                Sheila F. Anthony,
                                       Assistant Attorney General.
                                  ____


                     [From Newsday, Aug. 17, 1994]

   State Dept.'s Wetterer Probe--Embassy Sent Boy to Man Accussed of 
                              Molestation

                         (By Robert E. Kessler)

       An internal State Department investigation has found that 
     U.S. Embassy staffers in Guatemala referred a homeless 
     American boy to an orphanage run by a former Massapequa man 
     alleged to have sexually abused young boys, despite warnings 
     that the move could hurt efforts to extradite the man.
       ``Oh no, that's [John] Wetterer's place,'' an embassy 
     official, extradition officer James Herman, told other 
     diplomats in the embassy last Christmas when informed of the 
     plan, according to several sources familiar with the yet-to-
     be released report by the State Department's office of 
     Inspector General.
       Herman was aware of the molestation allegations against 
     Wetterer, which stem from his 1990 indictment on mail fraud 
     charges for allegedly raising money in the United States 
     ostensibly to help young boys at the Mi Casa orphanage.
       The boy has told investigators he was treated well during 
     his two months at the orphanage, sources said.
       The placing of the boy in Mi Casa may have hindered 
     attempts by the United States to convince a reluctant 
     Guatamalan government to extradite Wetterer. It was one of a 
     series of actions during the past three years by embassy 
     officials that apparently blocked active pursuit of the case. 
     The 60-page report was based on two dozen interviews in 
     Guatemala and Washington conducted during the past two 
     months.
       Despite the harsh tone of the State Department report, it 
     has not satisfied either Justice Department officials, who 
     are considering convening a grand jury to investigate 
     possible obstruction of justice by embassy staffers, or Sen. 
     William Roth (R-Del.), who has been critical of Clinton 
     administration efforts in various child protection and child 
     pornography cases.
       ``I urge Attorney General [Janet] Reno and Secretary of 
     State [Warren] Christopher to become personally involved in 
     this case,'' Roth said.
       The embassy is depicted in the report as a place in which 
     diplomats, in effect, sided with Wetterer despite the 
     accusations. Several reasons were given by embassy officials 
     interviewed in the report--personal friendships with Wetterer 
     or doubts about the seriousness of the allegations; the 
     feeling that extradition would upset diplomatic relations 
     with Guatemala; and lack of knowledge of the allegations.
       Wetterer, who left the United States in 1976 to begin 
     running the orphanage, was indicted in 1990. John McDermott, 
     a federal postal inspector investigating the case, said in 
     court documents that Wetterer ``regularly molests young 
     boys'' at the orphanage. The allegations, which stem from 
     interviews with former orphanage residents now in the United 
     States, occurred in Guatemala and thus cannot be prosecuted 
     as a crime here.
       Roth, the ranking Republican on the Senate Investigations 
     Committee, has been calling for increased attempts to 
     extradite Wetterer. He said last week that the case was 
     another example of the Clinton administration not being 
     serious about child protection.
       For their part, Justice Department officials, who have long 
     complained the State Department was not vigorous enough in 
     attempts to extradite Wetterer, were said to be furious that 
     the State Department would question embassy personnel before 
     Justice agents had a chance to.
       The Justice officials believe the questioning, which was 
     done without consulting them, might compromise a criminal 
     investigation into whether embassy officials obstructed 
     justice, according to sources familiar with the ongoing 
     investigation. The Justice Department is planning to convene 
     a grand jury on Long Island to look into the matter, the 
     sources said.
       State Department investigators in their own report found 
     that of the 15 recent cases in which Guatemalan courts 
     initially denied U.S. extradition requests, Wetterer's was 
     the only case in which the embassy did not file an appeal to 
     a higher Guatemalan court.
       When it came to placing the boy last Christmas, Herman, the 
     extradition official, said the United States could not argue 
     that the man was a child molester after giving a child into 
     his care.
       But he was overruled on the grounds that the embassy could 
     not find anyone else to care for the boy temporarily, and 
     that they didn't believe Wetterer would dare harm a child 
     placed with him by the embassy, according to officials quoted 
     in the report.
       The decision to house the boy was made by personnel who had 
     not read Wetterer's file and assumed the molestation 
     allegations were based on the testimony of witnesses who were 
     not credible, the report said.
       The boy was in Mi Casa for two months before being placed 
     in a foster home in California. Federal postal investigators 
     questioned the boy last month and he told them he had been 
     treated well, sources familiar with the investigation said. 
     Nancy Beck, a spokeswoman for Christopher, said on Monday, 
     ``The Department's Office of Inspector General has an ongoing 
     investigation and cannot comment further.''
       Carl Stern, spokesman for Reno, said only that the 
     situation ``is under review.'' Zachary Carter, the U.S. 
     Attorney in Brooklyn, declined to comment. Lee McLenny, 
     spokesman for the embassy in Guatemala, and John Duncan, 
     counsel to the State Department Inspector General, also 
     declined to comment citing the ongoing investigations, as did 
     federal prosecutors Julie Copeland and Gary Brown, of 
     Carter's office, who are conducting the investigation.
       One of Wetterer's attorneys, Stanley Shapiro of Miller 
     Place, said embassy personnel or their spouses have been 
     active as volunteers at Wetterer's orphanage because they 
     know the good work he does and don't believe he is guilty of 
     the charges.
       But despite his client's avowed innocence, Shapiro said 
     Wetterer had no intention of returning voluntarily to this 
     country to clear his name. Shapiro said he doubted Wetterer 
     could get a fair trial because of the sensational nature of 
     the charges and because ``the U.S. attorney could convict a 
     ham sandwich.''
       U.S. officials familiar with the Guatemalan political 
     situation say that it would take an extremely strong effort 
     by the United States to get Wetterer extradited. The State 
     Department investigators concluded that Wetterer has friends 
     in high places in Guatemala.
  Mr. DeCONCINI addressed the Chair.
  The PRESIDENT pro tempore. The Senator from Arizona [Mr. DeConcini] 
is recognized for not to exceed 5 minutes.
  Mr. DeCONCINI. Mr. President, I ask unanimous consent that I may 
speak for 10 minutes in morning business.
  The PRESIDENT pro tempore. Is there objection? The Chair hears no 
objection. The Senator is recognized for not to exceed 10 minutes.

                          ____________________