John Cavicchi Attorney at Law 25 Barnes Ave. E. Boston, MA 02128 Tel. 617-567-4697 Email:
[email protected] July 11, 2008 Andy Ramirez, Chairman Friends of the Border Patrol PO Box 2685 Covina, CA 91722 Re: Request for congressional investigation Eugene Cavicchi case, Miami CBP and Federal Judiciary National Conference in Houston, June 8, 2008 Dear Mr. Ramirez: As you requested, attached hereto are supporting documents in support of my statement at the National Conference—Exhibits 1-7, wherein I discussed my brother’s case. Exhibit 8 contains a backdated, fabricated letter and Mark Conrad’s declaration—the letter was unsigned, typed in perfect English, and dated January 30, 2004. The letter was attributed to Rafael Moya, an immigrant who does not speak or write literate English, and writes his name Rafael Moya, not Ralph Moya, as indicated on the typed letter. I have enclosed Moya’s handwritten statement on November 25, 2003. According to Agency attorney, Tara Barry, the letter was discovered in former Agency attorney Francesca Alvaro’s files. CBP proferred the letter and later tried to claim that Moya gave the letter to Wilfredo Lopez. However, Lopez admitted that he was unaware of the letter until shortly after I noticed his deposition on November 20, 2007. When I asked Lopez whether he discussed the letter with anyone, AUSA Fernandez cited the attorney client privilege. Lopez admitted that he discussed the letter with Agency attorney Claire Lemme several days before his deposition. I have Lopez’s deposition on CD, which I shall provide separately. I did not include records of Miami-Dade’s prosecution of an individual who assaulted and battered Gene.