The Corporation

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The Corporation Page 63

by T. J. English


  Bombing of Cubana de Aviación Flight 455: The National Security Archive maintains an entire section devoted to CIA documents obtained via FOIA on the bombing of Cubana de Aviación Flight 455, under the heading NSA Archive Briefing Book No. 202.

  Formation of CORU: Ann Louise Bardach, Without Fidel: A Death Foretold in Miami, Havana and Washington (New York: Scribner, 2009), pp. 117–19; CIA report on Luis Clement Posada Carriles re: Anti-Fidel Castro Activities, declassified 2003, accessed via NSA.

  Car bombing of Emilio Milián: Dade County Public Safety Department, Organized Crime Bureau Report. Meeting with WQBA Director E. Milian. Submitted by D. Benitez, Terrorist & Security Unit. January 25, 1977.

  Killing of Juan José Peruyero: Dick Russell, “Little Havana’s Reign of Terror,” Miami New Times, October 29, 1976; Dan Christiansen, “The Coast Guard Memorandum: Miami Police Have Some New Leads in Their Hunt for Exile Assassins. Too Bad They Couldn’t Get the Information from Official Sources,” Miami Magazine, April 1978.

  “Cuban exile terrorists have blown up ship”: Report: Metro-Dade Police Department, Organized Crime Bureau (OCB), File on Cuban Exile Terrorism. June 18, 1979; Metro-Dade Police Department, OCB, list of all Cuban terrorist bombings 1975 to 1983, June 29, 1983.

  Anthony “Fat Tony” Salerno: James Dao, “Anthony (Fat Tony) Salerno, 80, Dies in Prison,” New York Times, July 29, 1992.

  Salerno 1976 tax indictment: Arnold H. Lubasch, “Salerno, 67, Given 6 Months in Prison in Gambling Case,” New York Times, April 20, 1978.

  Cuban bolita bankers cultivate Salerno: Testimony of Abraham Rydz, U.S. v. Battle, 2006; interview with David Shanks; interview with Humberto Dávila Jr.; Shanks interview of Robert Hopkins.

  Isleño-Battle rivalry: Interview with George Dávila; testimony of Abraham Rydz, U.S. v. Battle, 2006; Shanks interview with Hopkins.

  “Hombre, did you hear?”: Statements, depositions, and testimony of Charley Hernandez.

  Charley’s arrest by Lieutenant Mona: Ibid.

  “Carlos Hernandez, we need to speak with you for a minute”: Ibid.

  Kalafus interviews Charley: Transcript of interview, December 23, 1976; deposition and testimony of Detective Richard Kalafus; statements, depositions, and testimony of Charley Hernandez.

  Kalafus’s background: Interview with David Shanks; Shanks manuscript; deposition and testimony of Richard Kalafus.

  Charley gives statement to Hudson County prosecutors: Transcript of interview, December 27 and 28, 1976.

  Detective Julio Ojeda: Interview with Julio Ojeda, February 6, 2016.

  Ernesto’s phone conversation with his mother: Transcript of conversation (undated), recording made by Ernesto Torres, entered into evidence, Florida v. Battle, 1977; deposition and testimony of Julio Ojeda, Florida v. Battle, 1977.

  Miami detectives interview Charley: Transcript of interview, May 5, 1977; deposition and testimony of Julio Ojeda, Florida v. Battle, 1977.

  Charley relocated to Miami: Deposition and testimony of Julio Ojeda; statements, depositions, and testimony of Charley Hernandez.

  Masferrer killing: Interview with Julio Ojeda.

  Johnny Roselli murder: Nicholas Gage, “Mafia Said to Have Slain Roselli Because of His Senate Testimony,” New York Times, February 25, 1977; interview with Julio Ojeda.

  “Santo was very cordial”: Interview with Julio Ojeda.

  “Your family is in danger”: Interview with Carol Daley and Kelly Noguerol.

  Adventures of Carol and Kelly: Ibid.

  Battle arrest: Deposition and testimony of Detective Richard Kalafus; Louis Salome, “Opa-Locka Murder Suspect Arrested,” Miami News, July 7, 1977.

  9. THE COUNSELOR

  Raymond A. Brown: Michael Y. Park, “Raymond Brown Believes No One Is Beyond Redemption,” New Jersey Super Lawyers, April 2009; Joseph Berger, “Raymond A. Brown, Civil Rights Lawyer, Dies at 94,” New York Times, October 11, 2009; David Gianbusso, “Prominent N.J. Attorney, Civil-Rights Leader Ray Brown Dies at Age 94,” Newark Star-Ledger, October 10, 2009; Richard J. H. Johnston, “Butenko and Ivanov Guilty in Spy Case,” New York Times, December 3, 1964; Walter H. Waggoner, “Joanne Chesimard Convicted in Killing of Jersey Trooper,” New York Times, March 26, 1977; interview with Jack Blumenfeld.

  Alfredo Duran suggests Jack Blumenfeld: Interview with Jack Blumenfeld.

  Brown and Blumenfeld meet Battle: Ibid.

  “Listen, I’m not afraid of death”: Ibid.

  Charley goes to work for DEA: A letter from Detective Ojeda to the Miami office of the DEA was a crucial reason Charley was hired. Wrote Ojeda, “This is to verify that informant Charles Hernandez was a paid informant for the Hudson County Prosecutor’s Office from December 26, 1976, through April 23, 1977. During this period of time, he was instrumental in solving eleven murders which occurred in New York and Union City, New Jersey.”

  In order to be hired, Charley had to first take and pass a polygraph test, which he did in Miami on April 27, 1977.

  Mario Escandar: Marjorie Hunter, “130 Seized in Drug Raids Here and in 9 Cities,” New York Times, June 22, 1970; Escandar v. Ferguson, U.S. District Court of South Florida, October 5, 1977; Arnold Markowitz, “Valachi to Genovese, Mario Knew Them All,” Miami Herald, June 16, 1982; Jeff Leen, “Escandar Dies in Prison; His Drug Tales Sent 4 to Jail,” Miami Herald, August 20, 1986; Carl Hiaasen, “Dade’s Scarface Played System Adroitly and Lost,” Miami Herald, August 22, 1986.

  Centac-26 relationship with narcos: Paul Eddy, Hugo Sabogal, and Sara Walden, The Cocaine Wars (New York: Norton, 1988), pp. 26, 70–71, 82–83, 90–96, 200, 268– 72, 347–53.

  “We want to put you in the home of Mario Escandar”: Statements, depositions, and testimony of Charley Hernandez.

  “Mario couldn’t live without cocaine”: Ibid.

  “It was unbelievable”: Ibid.

  “Ojeda was getting laid by Idalia”: Deposition of Charley Hernandez, Florida v. Acuna, 1984. Charley was not questioned about his relationship with Escandar or Ojeda’s relationship with Idalia until he was deposed for the Acuna trial in 1984.

  Escandar on Ojeda-Idalia relationship: Testimony of Mario Escandar, U.S. v. Ojeda et al., June 1982.

  Ojeda’s relationship with Idalia Fernandez: Interview with Julio Ojeda. When asked point-blank by this author about allegations that he had an improper sexual relationship with Idalia, Ojeda answered, “That’s bullshit.”

  Blumenfeld goes to Yankee Stadium: Interview with Jack Blumenfeld.

  Florida v. Battle, 1977: Entire trial transcript, including opening statements, testimony of Ojeda, Kalafus, Idalia Fernandez, Monino Herrera, and Charley Hernandez; interview with Jack Blumenfeld; interview with Julio Ojeda.

  Battle admits being shooter to Blumenfeld’s secretary: Interview with Jack Blumen-feld. Julie, Blumenfeld’s former secretary, declined to be interviewed for this book.

  Victory party at Escandar’s house: Testimony of Mario Escandar, U.S. v. Ojeda et al., 1982; testimony of George Pontigo, U.S. v. Ojeda et al., June 1982; Arnold Markowitz, “3 Officers, Former Magistrate Sniffed Cocaine, Witness Says,” Miami Herald, June 3, 1982; Arnold Markowitz, “Witness Says He Gave Cocaine to Policeman,” Miami Herald, June 9, 1982; Arnold Markowitz, “Ex-Detective’s Words Come Back on Tape to Haunt,” Miami Herald, June 11, 1982.

  “You’ll have to be patient”: Interview with Jack Blumenfeld.

  Old gun possession charge against Battle: Ibid.

  Battle’s prison meeting with Abraham Rydz: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006.

  “I want you to look out for my boy”: Ibid.

  Battle’s prison meeting with Salerno and Cafaro: Shanks interview with Vincent Cafaro.

  Murder attempt on Palulu and Gerardo Juan: NYPD police report, Cuban Task Force, Detective Richard Kalafus, April 26, 1984.

  Another stabbing of Palulu at Dannemora prison: Criminal History, Disposition and Corrections Data, Jose P. Enriquez, State of New York, Division of Criminal Justice S
ervices, October 12, 1983; Shanks manuscript.

  10. CORRUPTION

  Search warrant executed at Escandar’s house: U.S. v. Ojeda et al., 1982.

  “jeopardizing the department’s credibility”: Paul Kaplan and Bob Murphy, “Cops Probe Witness Had Homicide Files in Home,” Miami News, December 24, 1979.

  Indictment and trial of Ojeda et al.: The trial of the corrupt police officers, with Mario Escandar as the star witness, took place in 1982 and was one of the most lurid such proceedings in the city’s history—though it could be argued that it would be surpassed by even more outrageous police narco corruption cases in subsequent years.

  The following articles are all by Arnold Markowitz, Miami Herald: “Eight Policemen Sold Out to Racketeer, Jury Told,” May 28, 1982; “2 Officers, Former Magistrate Sniffed Cocaine,” June 3, 1982; “Ex-Officer’s Testimony Similar to Racketeer’s,” June 17, 1982; “He Took Cash, Whiskey and Drugs as Gifts, Not Bribes, Ex-Officer Says,” June 18, 1982; “Ex-Policeman Denies More Crimes Than He’s Accused Of,” August 18, 1982; “4 Ex-Detectives Convicted,” September 24, 1982.

  The trial of the officers lasted sixty-three days. Two officers—Charley Zatrepalek and George Pontigo—made deals with the government and testified against the other officers. In the end, the verdict was mixed. Fabio Alonso was found guilty of five charges and not guilty of one; Pedro Izaguirre was found guilty of five and not guilty of eight charges; Robert Derringer was found guilty of two and not guilty of eight; Julio Ojeda was found guilty of eleven charges and not guilty of eight. One officer, Raymond Eggler, was charged with six crimes and acquitted on all counts.

  After the trial, Mario Escandar received a sentence of fifteen years for his crimes. He died from a heart attack on August 15, 1986, at the age of fifty-one, while serving his sentence. Jeff Leen, “Escandar Dies in Prison; His Tales Sent 4 to Jail,” Miami Herald, August 20, 1986; Carl Hiaasen, “Dade’s Scarface Played System Adroitly and Lost,” Miami Herald, August 22, 1986.

  Police shooting of May 16, 1979: Interview with David Shanks; Shanks manuscript.

  Court of Appeal vacates Battle’s conviction: Interview with Jack Blumenfeld.

  Blumenfeld negotiates plea deal: Ibid.

  Murder of Eulalio José Negrin: Karen Yaremko, “Negrin Shot in Union City: Pro-Castro Leader Murdered,” Hudson Dispatch, November 26, 1979; Karen Yaremko, “Union City Cops Can’t Protect Cuban ‘75,’ ” Hudson Dispatch, November 27, 1979; Associated Press, “Police Quiz Cubans Regarding Enemies of Murdered Man,” Asbury Park Press, November 27, 1979.

  At the 1984 trial of Eduardo Arocena, leader of Omega 7, FBI special agent Larry Wack testified that Arocena told him the names of the two gunmen, and that he, Arocena, had contracted the hit on Negrin. At the time, Arocena was supplying information to Wack on the possibility that he would become an informant. Arocena admitted that Omega 7 had been created partly to take credit for certain criminal acts and serve as a smokescreen for the Cuban Nationalist Movement led by Guillermo Novo. Testimony of FBI special agent Larry Wack, U.S. v. Arocena, August 28, 1984.

  Cuban anti-Castro activity in New York–New Jersey area: Daniel Hays, “Organized Crime Now Has a Latin Flavor,” New York Daily News, January 30, 1978; Daniel Hays, “Cuban Gangsters Are Using Military Tactics,” New York Daily News, January 31, 1978; Jeff Stein, “An Army in Exile,” New York Magazine, September 10, 1979; Richard T. Pienciak, “Slain Cuban Called Top-Level Castro Spy,” Weekend Dispatch, September 13, 1980.

  FBI and Omega 7: Testimony of FBI special agent Larry Wack, U.S. v. Arocena, August 28, 1984. Wack testified that the task force was first formulated in 1975.

  Battle pleads in court of Judge Sepe: Interview with Jack Blumenfeld.

  “That judge and his wife had a nice vacation in Vegas”: Interview with Joaquin Deleon Jr.

  Operation Court Broom: Mike Clary, “Miami Court Scandals Reveal Tarnish on the Scales of Justice,” Los Angeles Times, May 18, 1992; Warren Richey, “ ‘Court Broom’ Judge Gets 15 Years in Corruption Case,” Florida Sun-Sentinel, July 16, 1993; Staff report, “Ex-Judge Admits Taking Bribes,” Florida Sun-Sentinel, March 3, 2000.

  Rydz and Battle Jr. take over the bolita business: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006; interview with Jack Blumenfeld.

  Derivation of “the Corporation”: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006.

  Harlem as fertile ground for the numbers racket: Charles Grutner, “Dimes Make Millions for Numbers Racket,” New York Times, June 28, 1964; Fred Powledge, “Pick a Number from 1 to 999,” New York Times, December 6, 1964; Thomas A. Johnson, “Numbers Called Harlem’s Balm,” New York Times, March 1, 1971.

  “Who’s behind these new bolita stores?”: Shanks interview with Robert Hopkins (undated); testimony of Abraham Rydz, U.S. v. Battle et al., 2006.

  Isleño-Hopkins relationship: Shanks interview with Hopkins; interview with Humberto Dávila Jr.; interview with George Dávila.

  Hopkins, Petey Beck DiPalermo, and the Lucchese crime family: Shanks interview with Hopkins; Don Gentile, “Life in the Fast Lane and a Collision with the Law,” New York Daily News, September 2, 1988.

  Birth of La Compañía: Shanks interview with Hopkins; testimony of Abraham Rydz, U.S. v. Battle et al., 2006; testimony of Luis DeVilliers; interview with Humberto Dávila Jr.; interview with George Dávila.

  Conrado “Lalo” Pons: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006.

  Nene Marquez endorese Pons: Ibid.

  UNESCO fund: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006.

  Entries from NYPD Task Force intelligence files: In the early 1980s, the Detective Bureau Manhattan (DBM) Task Force kept extensive intelligence files on the subject of Cuban organized crime. The head of this task force was Detective Richard Kalafus.

  La Compañía doing well: Interview with Humberto Dávila Jr.; interview with George Dávila; Shanks interview with Hopkins.

  Origins of the two-block rule: Testimony of Vincent Cafaro, U.S. v. Manna et al., March 10, 1989; Shanks/Rosario interview with Vincent Cafaro, January 31, 1998; Shanks interview with Robert Hopkins.

  “I’m here to see if we can’t settle this”: Shanks interview with Robert Hopkins.

  Meeting between Isleño, Battle, and Hopkins in Fort Lauderdale: Interview with George Dávila; Shanks interview with Robert Hopkins.

  “It’s going to get ugly in New York”: Interview with George Dávila.

  11. SMOKE AND FIRE

  Palulu released from Dannemora prison: Criminal History, Disposition and Corrections Data, Jose P. Enriquez, State of New York, Division of Criminal Justice Services, October 12, 1983; Shanks manuscript.

  Attack on Palulu and Argelio Cuesta on street: NYPD Confidential Report, Intelligence Received from Informant, Det. R. Kalafus, April 26, 1984.

  Marielitos: Refugees from Mariel were not predominantly criminals nor mental patients, but they were all economically destitute. See Joan Didion, Miami (New York: Random House: 1987), pp. 17–18, 41–42.

  Attack on Palulu and Cuesta at Riverdale condo: NYPD Confidential Report, Intelligence Received from Informant, Det. R. Kalafus, November 11, 1983.

  Battle and Santería: Interview with Jack Blumenfeld; interview with Joaquin Deleon Jr.

  Hit attempt on Palulu in Belmont: NYPD Confidential Report, Intelligence Received from Informant, Det. R. Kalafus, April 26, 1984.

  Battle standing over Palulu: Deposition of Detective Richard Kalafus, Florida v. Acuna, 1984; Shanks interview with Kalafus.

  Rydz, Battle Jr., and Union Financial Research: Testimony of Abraham Rydz, U.S. v. Battle et al.; copious financial records for Union Financial Research and other companies cofounded by Rydz and Battle were obtained via subpoena for U.S. v. Battle et al., 2006.

  Planning the hospital hit on Palulu: Testimony of Abraham Rydz, U.S. v. Battle et al.; Shanks interview with Detective Kalafus.

  The hit on Palulu: The murder of Palulu generated dozens of NYPD re
ports, starting with crime scene reports from the first investigators on the scene, the Bronx Detectives Area Nightwatch, to the 48th Precinct Homicide Detectives unit that interviewed everyone from Leroy Middleton, Palulu’s roommate, to Deloris Edwards and Ramona Baptista, the night nurses on duty, to each and every patient interned on the seventh floor.

  Police efforts to solve the homicide ranged far and wide. Through various informants, Detective Kalafus learned that Conrad Pons was the paymaster for the hit. Initial tips suggested that the gunman was a person named “Pepito,” but later Kalafus was told that Matanzas was the gunman. In the days and weeks following the murder, all of these men were arrested, held for questioning, and then released for lack of evidence.

  Dominguez was never arrested, and only later, after he was murdered in the Bronx, did interviews with street informants reveal that he was killed at the behest of Battle, who heard that he had been talking publicly about his role as the gunman in the Palulu hit.

  An unusual addendum to the Palulu murder emerged in October 1997, when Detective David Shanks interviewed Alejandro Lagos regarding criminal activities of the Corporation. The Lagos interview, as described below, is captured in Detective Shanks’s investigative report from October 16, 1997, Investigation into the Illegal Activities of Jose Miguel Battle, et al. (Case No. 331829-J.) Lagos was the person whom Battle had assaulted in 1975, believing that he had been in a fistfight in the street with Miguel Jr. Lagos later went to work for the organization. Lagos told Shanks that in 1984 El Padrino had asked him if he wanted to kill Palulu for $50,000. Lagos turned down the contract but offered to play a subsidiary role in the conspiracy. Battle paid Lagos $5,000 to steal a car to be used as a getaway vehicle and also to procure a male nurse’s uniform. Battle told Lagos to get rid of the car and all of the items inside.

  As Lagos would tell Detective Shanks, weeks later, Lagos was escorted to the getaway car by Rene Avila, the newspaper publisher and alleged Battle associate. Avila told Lagos to get rid of the car and all items inside.

 

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