Ex-soldier, Ricardo De Four, in Haiti, in 1994. He was part of the UN peacekeeping force sent to Haiti.

Authorities at the Washington DC jail have described Ricardo De Four as a model prisoner. This was also confirmed by his Washington-based lawyer, Jonathan Zucker, who says that has been the response of prison guards everytime he goes to see his client.

The DC jail houses 11 Trinidadians extradited to the US for their involvement in the kidnapping and death of US citizen, Balram “Balo” Maharaj. De Four, 36, is one of seven Trinidadians facing life imprisonment without the possibility of parole after they were convicted of taking Maharaj hostage in 2005. Maharaj was snatched from the Samaan Tree Bar, Aranguez, on April 6, 2005. A ransom of $3 million was demanded. He was never seen alive again. He died in the kidnappers’ camp at Santa Cruz. Eight months later, his remains were discovered in two containers at the campsite. He died of natural causes, but his body was cut up in several pieces by two of the men convicted in the case. De Four, a father of one, was devastated when he was arrested on January 27, 2006, for the kidnap and murder of Maharaj, a Trinidadian by birth. He was even more shocked when he was found guilty by a Washington jury on July 31. He sits in the DC jail awaiting his sentence from Judge John Bates, scheduled for February 12, 2010. But he feels there is hope on the horizon with new evidence which he has received, and which was not available during his trial at the E. Barnett Perryman Federal Courthouse in Washington DC. As a convicted felon, De Four dresses in a white jersey and orange trousers.

Although he is in the same facility with the other Trinidadians (four of them were prosecution witnesses), De Four does not see the others. There is a prison order which prevents the Trinidadians from communicating with each other. They only see each other at the courthouse. De Four sits in a cell for 23 hours a day. He utilises the one hour for airing and having a bath. But he can receive visits on Tuesdays and Thursdays, each for 30 minutes. These are described as non-contact visits. Contact visits are allowed for his attorney. De Four’s attorney has filed a motion for a new trial, a date which has not yet been set for hearing. If he succeeds on this motion, the jury’s verdict will be vacated and a new trial given to him. De Four, a former member of the Special Forces unit of the T&T Defence Force, agreed to an interview with the T&T Guardian, which was accommodated last Tuesday. Right away, De Four said he had nothing to do with the kidnapping and killing of 62-year-old Maharaj. He said he was set up by former soldier, Jason Percival, who turned witness for the US Government. He said the Defence Force and the Ministry of National Security shut all doors in his face to get vital records from the Regiment to show that on April 6, 2005, when Balo was kidnapped, he (De Four) was at Camp Omega conducting a course for the Special Forces.

Because those documents are still outstanding, De Four turned to President George Maxwell Richards, as commander-in-chief of the armed forces, and a last resort, for help. His impassioned plea to the President came at the end of the interview. “Your Excellency, President Richards, Sir, I am pleading with you as a former member of the Defence Force, for your assistance in helping me to get the remaining documents,” he said. “Also, I have a question for you, with all due respect, sir, is the life of an American soldier more valuable than the life of a Trinidad soldier? “The reason for me asking this, American soldiers have been accused of crimes all over the world where they serve. But the US government never allowed no other country to prosecute their soldiers. That is my reason for asking that, Sir. “I also remembered when you presented me with my long service award in December 2005, we had a short conversation, and I know you are a man who does not tolerate injustice. I am pleading with you for help, because every door my family and I have knocked on for assistance from the military and the Ministry of National Security, all doors were shut in our faces. “Your Excellency, Sir, I am pleading with you for assistance in allowing me to be granted a new trial and to clear my name of these allegations which have been brought against me,” De Four said.

The full interview
Q: Did you have anything to do with the kidnapping and death of Balram Maharaj?
A: No, I did not.
Q: How did you feel when the police came to you and accused you of this crime?
A: I was humiliated by the whole process because I was arrested in front of all military personnel and civilians on the camp on that day.
Q: So when was the first time that you found out that your name was being called in this matter?
A: It was on the 27th of January 2006.
Q: Was that a normal work day for you?
A: Yes, it was.
Q: Who told you that the police were looking for you?
A: Major Millington.
Q: The police came to you and said they were taking you down. What went through your mind at that time?
A: At that time, I was thinking about my future in the Defence Force, I was thinking about the clients I worked with, my family, how they would be affected by the whole thing.
Q: Who you think was behind all this to implicate you in this?
A: Jason Percival.
Q: What reason would Jason Percival have to say things about you?
A: Because, in early December 2005, we had a falling out, right, he told me he was going to go by my seniors and report to them of my conduct being unbecoming of a soldier in that I went to his house, trying to recover some funds he had for me for a rental car that he rented from a girlfriend of mine. He did not pay her the outstanding amount, so I went to his home from directions from his cousin from his cousin, Ricardo Stevenson. An altercation took place and since then he had this grievance in order to get back to me and by reporting to my seniors.

Q: He was going to report your conduct unbecoming of a soldier, but did you think he would have gone this far?
A: I did not.
Q: Coming back to the date of the kidnapping of Balram Maharaj, you have been trying to get records to prove you were at camp, as you reflect, can you remember at all what you were doing on that day?
A: On that morning, I was part of the training programme for the Special Forces operations detachment, personal protection course. I was the instructor to teach at that course.
Q: What is the normal procedure, do you remain all day at camp, leave earlier, how do you leave?
A: Once I am an instructor, as part of that programme, the instructor is requested to remain on camp, in camp, during the duration of the day’s proceedings. Even if he has conducted a class, he is expected to remain and assist all other instructors until the day’s proceedings are over. At the end of the day’s proceedings, all instructors are required to do a debriefing of the day’s proceedings, and also the preparation for the next morning.
Q: Is there any reason why the military is not handing over these documents?
A: In my own mind, and based on the records that we have now, the reason why they are holding back, is that after they have done their investigation, they would realised that I never left camp. The documents which we require are the documents to prove that an individual marked in and marked out, now the regiment is claiming that the documents of that day were destroyed.
Q: Now this guy, Leon Nurse, a sergeant in the Army, do you have any problems with him?
A: No, I never had any problems with him.
Q: What was his reason for implicating you now?
A: Each and every one of the defendants in this case faced life imprisonment, that gives him great motivation to do what he did. Prior to coming to the United States, he was fighting against the extradition. It was only after his arrival in the US, he changed for whatever reason, but I cannot say.

Q: When you all were being flown to the US, did he tell you anything on the plane?
A: No, we couldn’t speak on the plane.
Q: Who were you able to speak at that time?
A: Only FBI agents.
Q: When you arrived in the United States, did you ever see or speak to Nurse again?
A: Yes, we spoke while we were going to court, the procedures leading up to the trial. We were always separated, because each and every defendant has a separation order from the jail itself.
Q: So, you don’t see these guys at all? All the Trinidadians who came up here, do you see them at all?
A: Only when we going to court.
Q: Since you have been up here, what kind of support have you got from your family?
A: One hundred per cent support.
Q: Do you see them regularly?
A: They have been coming to and from Trinidad to see me. They came up for the entire court proceedings, they came up last year Christmas, my brother came recently.
Q: About your attorneys, what has been the support from them?
A: I received a hundred per cent support from them.
Q: I understand there is a motion for a new trial. Do you feel confident about this motion for the new trial.
A: Yes, I am very confident.
Q: Why?
A: Based on the records that have been provided so far, and a letter my detachment commander to the commanding officer of the Trinidad and Tobago Regiment, the letter clearly outlines what had taken place on that day in question, as to why the records would not show why my name not appearing on any records for the 6th of April 2005.

Also, it also identifies what the records would state, which is that the majority of the records, were taken for investigation by Major Dyal Francis, of the First Battalion of the Trinidad and Tobago Regiment. It also says that the following is the account that could be given from this headquarters after reviewing the remaining documentation. He goes on to say the nominal role processed by the admin sergeant, a copy of this document is located at the enclosure. The nominal role indicates that the soldier at caption was present for the muster parade during the period of 2259 hours on the 4th of April to 2359 hours on the 6th April. That means clearly that I was in camp for the muster parade that morning. He also goes on to say that the guard report for the period at caption was taken for an investigation. The guard report for the period for 0812 hours on the 7th of April 05, to 0718 hours on the 8th of April 05, indicates that the soldier at caption, marked out of camp at 1648 hours. When he says marked out of camp, does not mean marking out of camp for myself. That means the sentry at the gate marking my vehicle out at 1648 hours.

The significance of this, is that the date and time would be located on the guard report during the period at caption. This may prove that the soldier may or may not have been at this location. So what he is basically saying is that the gate slips and guard reports, the guard commander takes account for all personnel who are responsible for being on duty that day, the time they take up duty, and the time they come off duty. On the gate slip, there is a portion that has marked in and marked out, the person coming and their vehicle number. He is saying the significance of doing that would show that, the date and time would be located on the guard report of the guard coming on duty as 0800 hours and the following day when the new guard picks up, as 0800 hours. He also goes on so say in his conclusion that after examining the relevant documents, it could only be deduced that supporting documents, such as the guard report, are the only document to show that the soldier at caption, did not leave camp, as the timing for entry and exit would have been noted.

Because the records for the 6th does not show my vehicle marking in and out of camp, he says that it could only show from reasoning, that I never left camp that day. This is an account which the detachment commander gave to the commanding officer in May 2009.

About DC jail
The DC jail is a correctional facility that houses pre-trial offenders, sentenced misdemeanants and convicted felons awaiting transfer to the Federal Bureau of Prisons. Only male offenders are housed at the DC jail. Female offenders (and males) are housed at the Correctional Treatment Facility (CTF). The Trinidadians (seven convicted and four who pleaded guilty) in the Balo kidnapping, will be moved to another State in the US after sentencing. The DC jail is located on a huge compound which houses other correctional facilities, the abandoned DC hospital and a pharmacy centre.

An inmate’s custody category is determined by a number of factors that include the nature of their current criminal charges, prior criminal history and prior incarceration history. The system classifies inmates in the categories of Low, Medium and High. Only Low and Medium custody inmates can be housed in the CTF. Inmates are given personal call privileges upon their request during the intake process. Subsequent calls are made on inmate telephones located in the housing units. Legal calls are given on a regular basis and upon the inmate’s request.

All inmates entering into the custody of the DC Department of Corrections receive a gender-specific hygiene kit that contains soap, toothpaste, toothbrush, deodorant, lotion and shampoo. An inmate can get additional kits upon request. Inmates also receive one jumpsuit, two T-shirts, two pair of underwear, two sets of socks and a bedroll (blanket, washcloth, towel, and sheets). These items are exchanged on a regular basis or upon request. The DC Department of Corrections encourages inmates to maintain family and community ties by allowing visits. Inmates are allowed two 30-minute social visits per week. 

Continues tomorrow