Conservative Activist Speaks Out After False Accusation From Illegal Immigrant
- Codias Brown was arrested for allegedly stalking a woman, but his phone location data later showed he was nowhere near the area of the alleged crime.
- Browns legal team believes the womans attempts to obtain a U-visa are related to her making the now-dismissed accusation against him.
- Brown, a longtime political activist and operative, is calling on the Trump administration to reform its visa laws to prevent the incentive for U-visa fraud.
A longtime conservative operative is calling on the Trump administration to reform the countrys visa laws after he was falsely accused of a crime he said an illegal alien charged likely in order to score a visa.
A woman in late 2016 claimed Codias Brown harassed and exposed himself to her over a two-week period and said he was seeking her out in public places, according to an arrest affidavit. The accuser, Rosa Patino-Herrera, claimed she encountered Brown — someone she didnt know personally — around eight different times and believed he was seeking her out around the city of Austin, where he also lived.
The forensic data proved to be a game-changer. Disclosure of Browns phone location data showed he was nowhere near any of the locations Patino-Herrera claimed the events took place, according to court documents reviewed by The Daily Caller News Foundation. The charges were ultimately dismissed — but not until April 2018.
During the court proceedings, Patino-Herrera admitted she was an illegal immigrant. Work from a private investigator also discovered she was actively seeking a U-visa. Browns legal team believes she accused him in order to obtain a U-visa.
Brown, now completely exonerated of the charges, is using his experience to push for reform. The Republican organizer is calling on President Donald Trump and lawmakers in Congress to block the reauthorization of the Violence Against Women Act until its changed to mandate a criminal conviction before the issuance of a U-visa. Such an amendment, he argues, would incorporate constitutional due process rights not currently embedded in the U-visa application process.
“I hope to work with the Trump administration and lawmakers to reform the laws and policies that made this ordeal possible,” Brown told The Daily Caller News Foundation.
Established in 2000, the U-visa program was intended to incentivize immigrants into helping law enforcement catch and prosecute criminals. Foreign nationals who are victims of a crime can apply for a U-visa, allowing them to remain in the country and assist police. (RELATED: Illegal Alien Sentenced To Prison For Running Elaborate Prostitution Operation)
Interest in the U-visa program has exploded in popularity. The U.S. Citizenship and Immigration Services (USCIS) received 10,937 petitions for U-visa status in the 2009 fiscal year. By the 2016 fiscal year, however, the number of petitions ballooned to 60,710, according to information compiled by Federation for Immigration Reform (FAIR).
Immigration experts said the U-visa program is inadvertently designed to attract fraud, and actually does little to help law enforcement.
“The programs vague standards and lucrative perks, make it a prime target for and abuse by well-meaning, but misguided law enforcement agencies — particularly those in so-called sanctuary jurisdictions,'” said Matthew Tragesser, communication specialist for FAIR. “Though the program may offer some help to some aliens who have been exploited by criminals, there is little data suggesting that the program significantly improves the prosecution of crime in immigrant communities, or that it has had a measurable impact on human trafficking.”
Jessica Vaughan, a director with the Center for Immigration Studies, told TheDCNF the U-visa program has become a means for foreign nationals to “launder their status,” with many law enforcement agencies signing off on their applications without any due diligence.
“In the blink of an eye, an illegal alien — aided by social justice warriors parading as cops, prosecutors, and judges — nearly destroyed everything I worked for,” Brown told TheDCNF, describing the day he was arrested.
As Brown and his wife were walking from their Austin, Texas, home to a local grocery store Dec. 9, 2016, he said he was suddenly flanked by a police task force, arrested and sent to jail — where he remained for four days until he was able to be released on $75,000 bond. Even after he was let go from detention, Brown, who said he had no prior criminal history, said he was forced to wear an ankle monitor for several months.
The allegations came with serious consequences. If Brown were convicted, he faced the possibility of up to 10 years in prison. Furthermore, Patino-Herrera was granted a protective order against Brown.
However, Brown was unequivocal in his defense: Not only did he claim he never stalked Patino-Herrera, he said he had never met the woman in his life.
“Brown should never have been arrested because there was no evidence to corroborate these baseless accusations, the accuser made numerous inconsistent and illogical statements throughout the proceedings, and forensic data ultimately proved Brown was not even in the vicinity of the alleged incidents,” said Benjamin Lange, Browns attorney.
Numerous inconsistencies emerged as Brown fought for his innocence, according to his legal team. Patino-Herrera, for example, testified she had several conversations with Brown that lasted up to five minutes in length. However, her English was so limited she required an interpreter during court proceedings. Brown, on the other hand, does not speak Spanish.
That the case lingered for so long has been a point of contention for Browns legal team.
“The fact that these allegations made it past the investigative stage, let alone through a Texas grand jury is a travesty. What is particularly concerning is that, even after the forensic evidence proved Brown was not in the vicinity of the alleged incidents, the lead prosecutor in this case, Beverly Mathews, continued the prosecution for nearly a year,” Lange said.
TheDCNF reached out to Beverly Mathews, the assistant district attorney of Travis County, multiple times for comment on this story. However, a spokeswoman for her office eventually said Mathews declined to respond. The office of Detective Scott Donovan, who arrested Brown, did not respond to multiple requests for comment either.
Courtesy of Codias Brown. TheDCNF photo
Browns legal team raised other red flags while the case lingered on.
A private investigator discovered the social security number apparently being used by Patino-Herrera was issued several years before her listed birthday in court documents, a strong indication she was illegally using someone elses. Questions over her legal status were confirmed when she voluntarily admitted during a civil protective order hearing she was an undocumented alien.
Another detail emerged that drew the attention of Browns team: Patino-Herrera admitted to a private investigator that she was actively seeking a U-visa. Browns team believed the issue to be relevant.
“Travis County law enforcement has been actively promoting U visa benefits to illegal aliens for years,” Lange said about the connection. “Shortly after Browns local counsel began inquiring into whether the accuser had applied for a U-visa, prosecutors dismissed the case. Later, the accuser admitted to a private investigator that she had been pursuing a U-visa.”
Notably, prosecutors dismissed the charge against him shortly after they asked the court if his accuser had filed for a U-visa. It was months after the dismissal when the investigator prompted Patino-Herrera to admit she was actively seeking a U-visa. Days later, Travis County prosecutors recommended an immediate expunction for Brown.
TheDCNF was not able to reach Patino-Herrera for comment on this article.
Whether she accused Brown in order to obtain a U-visa is unknoRead More – Source
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