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Continued: Informant sues BCA agent, claims he sexually assaulted her

  • Article by: RANDY FURST , Star Tribune
  • Last update: May 30, 2014 - 10:09 PM

The sexual texting continued into February of this year, she said.

“I want to see photos,” he texted her on Feb. 13, describing the explicit photo he wanted to see, according to transcripts.

“Are you crazy?” she wrote back.

On March 3, she texted him, asking if he had signed the legal papers she had sent him that would help her gain legal status. “Nothing in the mail,” he responded. On March 11, he allegedly wrote, “Send me something hot.” And on March 13, he asked her for “a hot picture,” according to transcripts.

In the meantime, the woman’s legal status worsened. According to her attorney, Phillip Fishman, she was placed in removal status from the United States in March after a domestic altercation and she was briefly jailed.

Because of her work as an informer, she could be killed by a Mexican drug cartel if she is deported, but the agent did not intervene on her behalf, Fishman said.

After she hired Fishman as her attorney, he took her to the Ramsey County attorney’s office to discuss the case because it was believed the alleged sex assault occurred in St. Paul. It is now believed the assault happened in Hennepin County, Fishman said, but Dennis Gerhardstein, a spokesman for the Ramsey County attorney’s office, said the investigation has yet to determine that.

The Ramsey County attorney’s office contacted immigration authorities to delay removal proceedings until the criminal investigation and potential trial of the agent is complete, Gerhardstein said. Under immigration law, Fishman said, his client could be entitled to a visa for her work as an informant. Because the agent could face criminal charges, she may also be eligible for a visa under a provision that rewards crime victims who give substantial information to authorities, he said.

“This is police corruption at its worst, abuse of power by a sworn officer,” he said. The suit has been assigned to U.S. District Judge Richard Kyle.

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