Homer J. Williams case 00CR1890-H Trial Notes:
To whom it may concern:
Here is a "condensed" version of the 10 day trial of Homer J. Williams case 00CR1890-H. (These notes and information reflect the actual testimony given in court and recorded by John Carman of www.customscorruption.com) Mr. Carman took notes and attended court everyday.
First, I must say that I am very disappointed in the decision by this jury to "clear" Mr. Homer Williams of making false statements with regards to a deposition made in the Beverly Jordan MSPB case and obstructing an official investigation of a "target" known to Williams.
Mr. Williams' conduct was not only reprehensible, but caused "shock" by his co-workers and superiors at headquarters when they learned that he was "talking and dating" a target of a criminal investigation (Beverly Jean Jordan)
On 12-19-96 Customs agent Beverly Jordan was observed by SDPD Detective Robert Fich participating in a "negotiation" or meeting with her attorney "boyfriend" Nicholas Cimmarrusti and an "informant" for the purchase of "Methamphetamine" by San Diego Police narcotics detectives on or about 12-19-96 in front of a bail bonds business at 301 W. "A" Street with attorney Nicholas Cimmarrusti.
Beverly Jordan was later caught and charged with disclosing TECS information to her attorney boyfriend and later plead guilty of all charges and as part of a "plea bargain" and testified against Homer Williams. (Jordan got probation for 2 years and may not work for the federal government ever again.)
Attorney Nicholas Cimmarrusti also got probation.
Homer Williams not only lied under penalty of perjury about his relationship with Beverly Jordan, but he also violated every policy, rule and regulation with regards to the proper handling of a sensitive investigation of a Customs employee.
Tom Rybczyk also breached the investigation by emailing and telephoning Homer Williams and advising Homer that Ms. Jordan was under investigation prior to March 3, 1997 and subsequently on 3-26-97, 3-27-97 and also on 3-28-97. Jordan was later arrested on or about 6-4-97
Williams' defense was that he was working in an "undercover" capacity while "dating" Ms. Jordan. Ms. Jordan even admitted in court that she would call Mr. Williams prior to flying out to Washington, D.C. and ask Williams out to dinner. Williams accepted.
According to evidence and testimony by Customs officials Tom Rybczyk admitted telling Homer Williams that Beverly Jean Jordan was under investigation and even suggested that it would be a "good opportunity" to try and learn more while Williams was dating Jordan. (Williams did not recuse himself in writing or orally to anyone that could remember anything.) There is also no report on file with anyone that Williams "recused" himself because of his relationship with the "target" Jordan. No government witnesses remembered Homer Williams ever recusing himself.
Williams did NOT use any regularly accepted procedures used to record or monitor a suspect. Some of these procedures might include: surveillance techniques, wearing a "wire", tape recording of conversations, audio/video surveillance and "back up". There were NO REPORTS filed or written by Homer Williams with regards to his contacts with Ms. Jordan. These were clearly in violation of accepted procedures and practices of most any law enforcement agent or official in the United States.
Ms. Jordan also visited the "personal residence" of Homer Williams after joy riding in Homer's "new" purple Jaguar. Ms. Jordan admitted that Williams kissed her on the lips. Ms. Jordan also admitted that Williams kissed her on several other occasions, but NOT on the lips. Jordan testified that Williams asked her to stay over night with him in his house. Ms. Jordan said she turned Williams down.
Ms. Jordan also admitted calling Homer Williams several times at all hours of the night and early morning hours to talk to Homer Williams while using a government issued AT & T calling card # 8760127644 and from her home phone number of (619)275-3527 to Homer Williams home number in Vienna Virginia(703)242-2875 and work number at: (202)927-8836 to discuss personal issues and engage in "pillow talk" for extended periods of time.
On 3-3-97 Customs SAIC Internal Affairs San Diego Tom Rybczyk emailed Homer Williams regarding the Beverly Jordan investigation. Subsequent to this date Rybczyk made other calls and emails giving "updates" on the Jordan investigation. (Government's exhibit emails #20, #22 on 3-3-97 at 21:38 hours)
Here are some of the credit card telephone call records by Beverly Jean Jordan:
On 3-3-97 6:07 P.M. 1 minute call to Homer Williams residence. 3-7-97 8:00 P.M. 1 minute " " " " " 3-8-97 12:11 Midnight for 44 minutes " " " 3-9-97 5:09 P.M. for 1 minute " " " " 3-10-97 11:00 P.M. for 6.9 minutes to Homer Williams house 3-10-97 11:12 P.M. 24.8 minutes " " " " 3-10-97 11:54 P.M. 56.5 minutes " " " " (Pillow talk) 3-13-97 8:43 P.M. 1 minute call to " " " " after Beverly Jordan arrived in Washington DC. There were also several other 90 minute calls made to Williams by Jordan as well.
On 3-13-97 special agent Beverly Jean Jordan suddenly stopped using TECS.
Ms. Beverly Jordan testified that while on a "dinner date" with Homer Williams on 3-7-97 in Washington D.C. ,Homer Williams told Jordan that she was under investigation. When Ms. Jordan asked who told her that, Williams replied, "A little bird told me" (Tom Rybczyk aka "Little Bird")
Homer Williams also made numerous calls to "target" Beverly Jean Jordan 8 days "prior" to the original surveillance by the SDPD narcotics detail.(2-26-97)
Customs Special Agent Lorraine Concha refers the case over to the Treasury OIG for investigation.
On or about 5-29-97 the investigation of Beverly Jean Jordan went "overt". Search warrants were issued for the arrest of Beverly Jean Jordan. Prior to this time Jordan already knew she was under investigation.
On 6-17-97 SAIC Tom Rybczyk gives another update of the Jordan investigation.
On or about 7-23-97 "True Bill" was submitted to the Grand Jury.
On 10-22-97 an MSPB related deposition was taken of Homer J. Williams by attorneys for Beverly Jean Jordan regarding her appeal to get her job back in Customs because of "sexual" harassment by Williams. No where in the appeal form is there anything stated about sexual harassment by Williams against Beverly Jean Jordan.
According to the Judge Marilyn Huff, "I don't think you can use that"? (referring to the MSPB deposition) Judge Huff also prevented this deposition from being entered into evidence several times because it clearly showed false statements being made by Homer Williams "under penalty of perjury" in an MSPB case by Jordan. (Former special agent Beverly Jean Jordan is claiming Homer Williams initiated a criminal investigation against Jordan because she "refused" to sleep with Mr. Williams.)
According to the Honorable Judge Marilyn Huff, you can't be held liable for statements you make on a "civil" deposition under penalty of perjury in a "criminal case". I wonder what the attorneys out there would say about that statement?
I wonder how many people are still serving time in prison for making false statements under penalty of perjury on any document?!
Special Note: It must be noted that Federal Judge Marilyn Huff repeatedly "interrupted" and "cut off" Assistant U.S. Attorney Michael Wheat several times during presentations and through out this whole trial and restricted him in his attempts to bring out all of the evidence to the Jury in this important case against former Customs Assistant Internal Affairs Commissioner Homer J. Williams. It should also be noted that the Jury was NOT allowed to take any court transcripts with them to deliberate. I observed only a few jurors taking notes. Some other jurors did not take ANY notes whatsoever. Without a good chronological account of these activities, anyone could get "confused" about some of the information and evidence presented unless you listened very carefully to ALL of the testimony. I also noticed that a few of the "elderly" jurors had to electronic "hearing aids" to aid them in hearing the testimony.
I want to commend U.S. Attorney Michael Wheat and Customs Special Agent Lorraine Concha, the Treasury OIG, and all the others who testified honestly and truthfully in this very difficult case and especially U.S. Attorney Michael Wheat for his enduring and forthright fight to ensure that the government weed out those corrupt Customs officials even in the face of adversity even by the Judicial powers to be.
Thank you for trying to do what is right!
Ex-Treasury Official Charged With Fraud
The Strange Death of Colonel Sabow By Gary Null See Associated Material
Customs Whistle Blower Probed by Grand Jury
Pittsburgh Tribune-Review (April 20, 1997)
Incident Report: June 16, 1999 Grossmont Shopping Center Parking Lot
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