The killing of a US citizen : Part 22

Balo accused quizzed on FBI aircraft

Published: 5 Oct 2009

Fugitives Zion Clarke and Kevon Demerieux being escorted by FBI agents to the aircraft at Piarco Airport on August 4, 2008.
BELOW: Left: Special Agent Edgar Cruz

Edgar Cruz, special agent with the FBI, told a Washington jury on June 30 that he conducted an interview with accused, Zion Clarke, on an FBI aircraft over the Caribbean Sea. Cruz supervised the extradition of Clarke and Kevon Demerieux, who were taken from Trinidad on August 4, 2008, en route to Washington, DC, to join other Trinidadians indicted for taking US citizen, Balram “Balo” Maharaj hostage. Maharaj, 62, was kidnapped on April 6, 2005, at the Samaan Tree Bar in Aranguez, San Juan, and a $3-million ransom demanded. His remains were dug up from the Santa Cruz forest on January 8, 2006.

Seven Trinidadians were found guilty of the crime on July 31, and will be sentenced by Judge John Bates on February 12. Cruz has been with the FBI since January, 2002. Before that, he was with the Virginia Beach Police Department as a police officer. He is now assigned to the extra-territorial squad of the FBI in Miami, Florida. He first became involved with the Maharaj case in January, 2006. He was asked by special agent, William Claus, to join him on a trip to Trinidad at that time. On a visit to the Santa Cruz campsite where Maharaj’s remains were found, Cruz said he was aware of two items: a piece of cloth and a T-shirt, being seized.

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He could not say if the items were tested. Cruz said the FBI collected other evidence, which was taken to the US Embassy in Port-of-Spain, where they were packaged for processing, and then handed over to the assistant legal attaché, Marvin Freeman. Although there were consultations with the lab about the items, the FBI was not able to take the case forward with that evidence. Cruz said he was at Piarco Airport, around 3:40 pm on August 4, 2008, for the extradition of Clarke and Demerieux. There were other FBI agents, as well as the pilots —Alexandra Montilla, Richard Stout, Robert Peter, Special Agent Monserrate.

Cruz said while enroute to Washington with the two accused, he interviewed Clarke. There were other people on plane listening to the conversation. Clarke appeared to be comfortable, so he informed the prisoner of his rights. He offered him something to eat and drink after take-off, but Clarke accepted only water. The FBI agent said the interview lasted approximately an hour-and-a-half.

Q: Special Agent Cruz, what, if anything, did Mr Clarke tell you when you interviewed him back on August 4th, 2008?
A: Clarke was asked about Igloo, which he provided during his January 4, 2006, statement.

When you say “which he provided,” do you mean the name?
Yes.

And what did he say about the name Igloo?
Clarke stated that he was confused when he provided the previous statement he made to the FBI.

And did Mr Clarke say anything else about the kidnapping itself?
On the day of the kidnapping, a guy was driving the car with the victim Maharaj inside. Another guy was in the back seat with the victim. The second guy handed the victim over to Clarke at the edge of the woods. The second guy, Clarke and the victim then walked to the campsite. At that time, Clarke did not know that second guy that well, but realised what he was capable of doing during this kidnapping.

Do you know whether or not any evidence was recovered? Do you have any personal knowledge as to whether evidence was recovered, either by the FBI or Trinidadian police, not from the false campsite, but from the burial site?
I believe that is what was recovered, but not by the FBI.

And who recovered that evidence, to your knowledge?
That would be the Trinidad and Tobago Police Service.

And do you know whether or not the Trinidadian Police Service did any testing on that evidence?
I’m aware that there was some testing done, yes.

And were you made aware of those testing results?
No.

TOMORROW: Dr Hughvon Des Vignes testifies

Wrong photo:
The photograph used in yesterday’s Guardian in the current series was not that of Special FBI Agent Marvin Freeman. That was a photograph of a local police officer. The error is regretted.

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