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Assault trial of Zhao Yan postponed amid crime doubt
(Agencies)
Updated: 2005-07-27 09:32

The trial of a Department of Homeland Security officer charged with beating a Chinese tourist was postponed Tuesday amid unsubstantiated claims that the victim was involved in alien and art smuggling and a homicide in China.


Zhao Yan, a Chinese businesswoman, is beaten by a US Homeland Security officer. [newsphoto]

U.S. District Court Judge Richard Arcara agreed to delay the trial of Customs and Border Protection Officer Robert Rhodes, which had been scheduled to start next Tuesday, until August 18 to give defense attorneys time to explore the allegations against Zhao Yan.

Assistant U.S. Attorney Martin Littlefield said the claims were made by two Chinese citizens who approached U.S. government officials in Beijing last summer.

Investigators determined they "had no credence" before turning the information over to defense attorneys, he said.


Zhao Yan (L) signs an application form delivered from the Crimes Victims Board of New York State at a law office in Queens District of New York City, the United States, July 27, 2004. Zhao, attacked by officers of US Customs and Border Protection on July 21 near the Niagara Falls at the US-Canadian border, was interviewed on Tuesday by Xinhua and other media in a wheelchair. During the interview Zhao showed her gratitude to the motherland and voiced her decision to proceed against the officers who had attacked her in disregard of normal checking procedures. The accused officer, Robert Rhodes, was charged of violating Zhao's civil rights last Friday. [Xinhua]


The accusers, using pseudonyms, told authorities Zhao Yan had provided more than 100 Chinese nationals with fake documents that they used to obtain U.S. visas and enter the United States, and that Zhao was scouting new smuggling routes during her trip to the United States last July, when she was allegedly assaulted by Rhodes at the U.S.-Canadian border in Niagara Falls.

The informants also implicated Zhao in a woman's death in China and in cases of art smuggling, saying they had documentation that they offered in exchange for protection from the Chinese government.

"Everything indicates they were pushing to get into the United States," Littlefield said.

Steven Cohen, Rhodes' attorney, said he wanted to have his investigators in China look into the allegations. haIf true, the lawyer said, he would use them to chip away at Zhao's credibility at trial, noting that Zhao has initiated a $10 million (euro8.34 million) lawsuit against DHS.

"Does she have a motive to lie?" Cohen asked. "Well, she's got 10 million reasons now."

Rhodes was charged with violating Zhao's civil rights by using excessive force after he said Zhao and two other women ran when he summoned them into the border inspection station.

An affidavit by a senior Homeland Security agent cited witness accounts of Rhodes spraying Zhao's face with pepper spray, throwing her against a wall, kneeing her in the head and striking her head on the ground, leaving her face bruised and cut and one eye nearly swollen shut.

Rhodes could face up to 10 years in prison if convicted.



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