Accused Border Guard Defends Beating Tourist
By Rich Kellman
Senior Correspondent
wgrz.com
The attorney for Customs and Immigration Inspector Robert Rhodes says he was only doing his job when he pepper-sprayed and beat a tourist at the Rainbow Bridge on July 21.
"She fought him. She kicked him and she scratched him,' says Steve Cohen. "My client attempted to subdue her."
Rhodes is charged with violating the civil rights of 37-year-old Yan Zhao, a Chinese national who was visiting Niagara Falls on a bus tour. If convicted, he faces up to 10 years in prison and a $250,000 fine.
The woman displayed black eyes and facial bruises two days after the incident. She says Rhodes mistook her for a drug suspect, sprayed her with mace, slammed her into a wall, kneed her in the head, grabbed her hair and slammed her head into the ground twice.
Attorney Cohen tells Rich Kellman there's more to the story. He says Yan Zao refused to stop when Rhodes ordered her to and then fought him. "When a customs officer tells you that you're about to be inspected," says Cohen, "you submit to that inspection or prepare to be met with whatever degree of force is necessary to get you to comply."
Kellman notes, "Take a look at some of those pictures and it does raise the question, it seems to me," how much force is necessary? Grabbing her hair and striking her head with his knee? Striking her head on the ground?
Cohen replies, "This man's protecting our border. That's what these people do. This woman was not about to cooperate."
The case has grabbed headlines in China. The Chinese foreign minister demanded that Secretary of State Collin Powell make sure justice is done.
Cohen says that's also what his client wants. "I have the United States Constitution on my side, and I intend to represent my client armed with the Constitution, and politics be damned."
Cohen says he hopes to question all witnesses, including other security officers, and wants access to any surveillance tapes of the incident.
Rhodes is due back in Federal Court on September 20.
By Rich Kellman
Senior Correspondent
wgrz.com
The attorney for Customs and Immigration Inspector Robert Rhodes says he was only doing his job when he pepper-sprayed and beat a tourist at the Rainbow Bridge on July 21.
"She fought him. She kicked him and she scratched him,' says Steve Cohen. "My client attempted to subdue her."
Rhodes is charged with violating the civil rights of 37-year-old Yan Zhao, a Chinese national who was visiting Niagara Falls on a bus tour. If convicted, he faces up to 10 years in prison and a $250,000 fine.
The woman displayed black eyes and facial bruises two days after the incident. She says Rhodes mistook her for a drug suspect, sprayed her with mace, slammed her into a wall, kneed her in the head, grabbed her hair and slammed her head into the ground twice.
Attorney Cohen tells Rich Kellman there's more to the story. He says Yan Zao refused to stop when Rhodes ordered her to and then fought him. "When a customs officer tells you that you're about to be inspected," says Cohen, "you submit to that inspection or prepare to be met with whatever degree of force is necessary to get you to comply."
Kellman notes, "Take a look at some of those pictures and it does raise the question, it seems to me," how much force is necessary? Grabbing her hair and striking her head with his knee? Striking her head on the ground?
Cohen replies, "This man's protecting our border. That's what these people do. This woman was not about to cooperate."
The case has grabbed headlines in China. The Chinese foreign minister demanded that Secretary of State Collin Powell make sure justice is done.
Cohen says that's also what his client wants. "I have the United States Constitution on my side, and I intend to represent my client armed with the Constitution, and politics be damned."
Cohen says he hopes to question all witnesses, including other security officers, and wants access to any surveillance tapes of the incident.
Rhodes is due back in Federal Court on September 20.