With Dan Ray on WBZ Constance Radio.
All Right, welcome back everybody, as we move into the nine o'clock hour, The Boston Globe had a really interesting story above the fold today. It's entitled one Immigration Case, Two Diverging Views, and it's by Sean Carter, who's a reporter for the Globe, really good reporter from what I can say, and he talks about an individual named Maynor Francisco Hernandez Roodas who has been charged with the rape of a child and faces a lengthy prison sentence in
a Massachusetts prison, possibly for life if convicted. Now again, this guy's a Guatemalan, he's here illegally, and he faces deportation. But now, according to the Globe story, there's a bit of a tug of war between local and federal officials. Now this plays out against a lot of the comments that President Trump's borders are Tom Homan has made. There's a piece that I believe will be in the Globe
tomorrow that fact checks some of Homan's comments. And this is part of the problem that I think the Trump administration deals with, in my opinion, is that they sometimes shoot from the hip or shoot from the lip, and it is better, in my opinion, to stay with facts. And in many cases the facts are good for your position or the other side, doesn't matter, but stick with the facts. And the case that I want to talk about, which is in the Globe, deals with a guy, and
so the question comes up. The Trump administration apparently would like to deport this guy because he's in the country illegally. Okay, now you might agree or you might disagree with that, but that's their position. But this guy has quite a
long record and he's accused again. According to Sean Carter and John Ellman, who's another good reporter who contributed to this, this fellow last name Hernandoz Hernandez Rhodas, was initially held in Middlesex County after his first arrest in June, and he was released in September after posting one thousand dollars cash bail. He's accused by both Middlesex and Suffolk County of raping the young daughter as early as five years old.
This again an accusation, but pretty serious, of raping this girl multiple times since twenty eighteen, allegedly at multiple locations, including the mother's home in Chelsea and at his apartment in Lowell. Now, after his indictment in Suffolk County in December on multiple charges of child rape, ICE transferred him to state custody. There, prosecute is persuaded a judge this at a high enough bail a million dollars, that he
so far remains in custody. But ironically, prosecutor is again I'm reading from the globe, so you understand the story. Prosecute has justified the high bail amount, not so much in the grounds of Hernandez Rojas is the danger of the community. How the hell is somebody who's charged with multiple rapes of a child up from the age of five not considered a danger of the community. But the high bail was set because he would be at risk
of being removed by Ice. Now it gets a little more complicated because we have this court decision here in Massachusetts in two thy seventeen, the so called lun decision, And in that decision, the Massachusetts State Supreme Court in an unsigned opinion. So therefore we don't know which judges supported it. I guess as an unsigned opinion you might have to have concluded that it was the unanimous opinion. But I can't be sure. This really was no dissent written.
This is called the lun decision LU, and these decisions tend to wrap their way work their way through federal courts over a long period of time. Without getting into it in great detail. Part of the argument by Massachusetts officials in not turning individuals once in custody, Ice puts a detainer on them, and Ice finds out that some department or some DA's office has someone, and Ice says, look, can you hold them for twenty four hours or forty eight hours because we're kind of busy. We've got to
get up there and get them. And the Massachusetts agency sometimes or more often than not, releases those individuals. So the system is so messed up in my opinion and maybe in some of yours, that I hope that the Trump administration is able through all these court cases to determine we are the United States of America. And the Arizona case back from twenty ten essentially said that the
federal government basically has control of immigration law. And it gets confusing because you have sanctuary cities and trust cities and welcoming cities, and then you have states that have different programs. So normally you have on a federal issue,
which is immigration. I mean basically the United States. The Arizona versus US the case I'm talking about where Governor Brewer in Arizona in the earlier years of this century tried to increase the enforcement with state law officers or city law offices in Arizona, and the US Supreme Court said, no, federal law is federal law, so you cannot impose stronger federal law that exists. At the same time, it seemed to me the corollary should be that you have to
comply with federal law. If Arizona is prevented from imposing stronger federal law, it would seem to me that the federal judges would recognize that Arizona decision, which which was fought successfully by the Obama administration in twenty ten, and say, look, you know, we have one set of We do not have fifty states with fifty laws, just as we do not have fifty states with laws that deal with public
accommodations or gay marriage. We are the United as President of Boys say, we are the United States of America, not the Blue States of America or the Red States of America. So I propose something pretty simple and that if someone has picked up here illegally and they've come into the country illegally, deport them. Okay. Now, if they want to make an argument that no, they they can prove that they did not come in illegally, they have
a right to do process. But if they are adjudicated as having come into the country.
Illegally, deported, if they commit a violent crime while here in America, give them due process, give them a trial.
Give this guy who's accused of raping a five year old I think between the ages of five and ten multiple times, give him due process and sentence him to the longest sentence you can legitimately give him, and once he serves his sentence, to port him. It's as simple as that. Allow the States to treat him like any other citizen. Now, you can't deport citizens, but put him, let him pay for his crime or she, whoever that would be, and to port them after they finished serving
the sentence. I don't understand why it gets why it needs to be any more complicated than that. So I'd love to know if you agree with me or if you disagree. I just think it's it's simple. It's straightforward. That's all you have to do. You commit a violent crime, serious crime, you commit whatever, I don't even know what's consider a non serious crime. You know, breaking into Patrick Mahomes's home and stealing his materials, that's breaking and entering, robbery, theft.
UH do the time, and then you deport them, simple as that. I'd love to. It just seems to me that the politicians on both sides of the isle make it more complicated, unnecessarily complicated. Six one, seven, two, five, four ten thirty, six one seven, nine three, one ten thirty. Those are the two numbers that'll get you on. We'll talk about this for a little while. Six one seven, two, five, four ten thirty, six one seven nine three one ten thirty coming right back on Nightside.
Now, back to Dan Way live from the Window World to night Side Studios on WBZ News Radio.
So against the backdrop of the drama that is going to I guess play out uh in the next few weeks. The Mayor of Boston has been summoned to appear in front of Congress in March. I'm not exactly sure. I don't have in front of me the date. Originally she was going to be appearing there some time in February,
but it's been pushed back in the meantime. Over the weekend, at a conference in Washington, the new Homeland Secretary Tom Homan basically went after the political leadership here in Boston and focused his wrath on the Boston Police Commissioner, Michael Cox. This is cut number one. Please, Mike, if you could play cut number one on that audio cutsheet that we were just talking about. I wrote a story.
Last night the police commissioner of Boston. You said you're doubled down on not helping law enforcement offers device. I'm coming to Boston. I'm bringing hell with me.
Homan went on. He was speaking at a conference of conservative political activists, and he made some specific allegations which would probably most charitably described as being somewhat unclear, maybe even sloppy. And this is again, he's mixing Boston with Massachusetts a little bit. This has cut one a, please, Michael, cut one A.
I looked at the numbers this morning. I counted I stopped counting at nine nine nine child rapists that were in jail in Massachusetts, but rather than honoring an icytainer, released them back into the street. You're not a police commissioner, take that badge off your chest, put in the desk drawer. Because you became a politician.
You forgot lost like to be a cop. Now. The police commissioner in Boston, Michael Cox, was on one of the Sunday morning talk shows on Channel five This this Sunday, and he reacted to that, Mike, this is the fourth cut down on the list. It's it's it's numbered cut two. A please play cut too A for me, Mike.
In the Boston Police Department has pretty defined rules set by the law, and we we abide by the law here in the state and we don't, you know, enforce civil detainers regarding federal immigration law. It's you know, it's defined here in the state and that's just how it works.
So so it's it's an interesting situation we find ourselves here in this country. We have a federal government, but we have a number of states who are not complying with what the federal government is asking. It seems to me that there is this becomes sort of a federal states rights argument, and normally the political parties are kind of switched on this position. And if you go back and look at the Arizona versus US case back in twenty ten. Essentially, the court said, Hey, this area of
immigration law is the federal purview, period. So let's see, let's get some callers going here. We're going to start it off before we go to the break. Bosco from Boston. Bosco, welcome your first this hour a nightside, go right ahead, Bosco.
Hey, damn, how are you doing?
I'm doing great, sir. What's your take on all of this? It can get a little confusing.
Yes, it's very concuious.
And then I heard you, and then I agree with you with most everything you said except to one. Okay, Uh, you said exactly correctly, Like if somebody else come here legal like I'm an immigrant, I'm from Brazil, and if they become illegal, uh, doesn't matter, like they commit a crime, Yeah, bring them to the court, put them in a jail, but I don't hold them here because this does not belong to the United States of America. They should not pay for the time they serve in jail here, because
it's are extensive. I believe they should have agreement with the Brazilian like Brazilian system like correction system and send them back to the counter over there to serve there to because they belong to their Even if they committed a crime here, they came here illegal. They came here to escape from, probably from something else they did wrong in the country. I was Jon, and I agree with that.
Yeah, in some cases. Here's my question though, that's a really good point that you make. But the question is you're going to send someone here who kits who commits the crime. When the crime is committed here, it's unlike a civil case, it's the people of Massachusetts versus the defendant, because even though the defendant raped a five year old girl allegedly multiple times, the case really is brought by the people, so that the district attorney is the people's
representative in court. It's the people versus this individual, even though the crime went against one particular child, or or went against one particular store owner or one bank whatever. So, now, do you trust these other countries if you deport that individual, and let's say they have a ten year sentence, do you trust that other country to make them so that ten year sentence or not? That's a problem.
No, No, I agree with you about exactly what I was trying to say is exactly like that. It's hard to trust another country. But they have a good agreement with with another country, like a very good diplomatic like agreements, and the United States of America can reinforce that one. They can reforce the other country to comply.
With that one.
It's pretty simple because they have a promacy and if it's somebody else, go to to another country facilities to serve in the jail. If they don't like, say the ten years in jail, the United States of Americas, probably they should have like a diplomacy to verify that one. But they should they should pay the they crime back and accountable over there, because I don't think they come in there.
I just am concerned that they would be deported with the intention of the crime being served. But then two years down the line, the government of this country changes. As it can happen it can happen in our country as well, and that the new government says, oh, we're going to release those guys because it wasn't a crime that was committed against someone who was in our country.
And I'm not trying to throw any country under the bus here, Bosco, Okay, I just want to make sure that that the punishment that that is imposed actually is served. Thanks for getting us going. You said that you came here legally correct.
No, no, it didn't came illegally. But I came here at the immigrant and and I I decided to live here and in I'm I became an America student. Great, uh back on the two thousand and seven. And what happened is yeah exactly. And then what happened is I have seen I was uh a police in Brazil, I say police in Brazil for about several years, and I learned, uh, no matter how the premin now uh like comes to
different countries, they are the same. They don't change. They don't come here to change, They don't come here to get a better life, coming here to committ prime.
Yeah, well we've seen all of that. FOSCO. First of all, congratulations for becoming a US citizen. We are fortunate to have you as a US citizen. And I hope you'll commind you to listen to my program. And is this your first time callway, No.
No, it's the first time. I talked to you. Several times. But because I'm driving right now, sometimes it's hard to drive and the and the and the speak and then.
I can't hear it.
You did a great job. Thank you for listening to my program, and thank you for becoming a US citizen. You are You're an attribute to this country and I appreciate it very much.
Will You're a great man. You're a great man. I like I like to hear your voice every night. You always defending the good people, the good the good way.
Thank you very much, Bosco, we'll talk again, all right, be well, be well, Thanks very much. Good night. Okay, so we got a news break coming up. We're a little bit late, but I wanted to take Bosco, so I got room for you. Six one seven, two, five, four ten thirty six one seven nine three one ten thirty. Bosco was on the side of you'll prosecute him here, impose a penalty, and send him home to serve the penalty. Uh, I'm you know you heard what my position was. I'd
love to know what you think. This is kind of a dilemma. People are here, they commit serious crimes. We're not talking about jaywalking. We're talking about, in this particular instance, rape of a five year old girl on several occasions. I would like to see the guy do at least twenty years maybe more. Six one seven two, five, four, ten thirty six, one seven, nine, three, one, ten thirty. We're coming right back on Night Side.
It's Night's Side with Dan Ray on Boston's news radio.
All right, we're talking about that. You're gonna hear a lot about this in the last in the next few weeks and months, and that is, how do we come up with an immigration policy that conserve the entire country. We want to be fair, but we also want to protect borders. Now, if you're somebody who's an open border person and want to tell me why it's great to have open borders, then that's fine. But remember, if you have open borders, you don't have a country. I mean,
it's as simple as that. Every legitimate country in the world has borders, and those borders are enforceable. However, we have within Massachusetts and within a lot of other states, we have constituencies and sometimes they vote and elect city councilors and mayors and all of that, and they want to treat everybody here the same. Now, it does matter to me whether you're here legally or illegally. Does matter to me if you're fortunate to be a citizen and
be born here, which I was, and perhaps you were. Look, thank you, lucky stars. It's as simple as that. We need to have more people come like Bosco, my last caller to come here legally. The question, though, is if someone has committed a serious crime, and if you read the Globe article today, this was a serious crime. This individual lived for years in Connecticut, had several children down there,
and had low level convictions of disturbing the peace. At some point he moved to Massachusetts and in two separate cases, was charged with attempted rape in twenty nineteen and in twenty two with attacking a woman he was dating. Both of those cases were dismissed, no clarification why they were dismissed.
While Hernandez Rhodas dated the girl's mother for a short time, they remained in contact, and in May of twenty twenty four, the girl, ten years old at the time, told her sister and mother he'd been assaulting her, including as recently as that Memorial Day weekend. Prosecutors wrote in court filings, Look, this guy should be held, he should be tried in Massachusetts, and he should face whatever penalty he is convicted for in Massachusetts. Now, apparently some of the Feds want to
just get him out of the country. I don't think that sets a good precedent, and I think that people should understand that if they commit a crime, particularly a violent crime. Oh, if you get someone here's illegally and you want to get rid of him, I'm okay with that. Give them due process, prove that they're here illegally, get them out. But if they commit a violent crime, I want him punished. Now. My friend Bosco, who spoke just a moment ago, he said, hey, don't keep them here,
don't pay for their incarceration. Look, I think it's well worth it to make sure that they serve their crime and serve their time. Bosco disagree with me, That's okay. Let me go next to Mark in New Hampshion, Mark next to Leside, Locome.
I hopefully our conversation can go much more civil the last time I called. But yeah, let's give it a shot. So, uh, I'm actually in agreement with one of the things you said, and that the criminal aliens, and the one that comes mostly to my mind is the uh Venezuelan gang banger who murdered and Uhlke and Riley in Georgia.
That's a high Yeah, exactly.
Now this individual is where I agree with you that he should be given due process, as would any other criminal in the United States tried before twelve jurors or a bench trial, if that's what they wanted. And uh, even if this man, uh actually shouldn't call him that, but uh, he even if he was found not guilty. Okay, at that point, you would deport him to that back to Venezuela if he was found not guilt.
If he was found.
Guilty, excuse me, then he would serve, hopefully and not be paroled, but serve the full amount of time that the judge, and hopefully it wouldn't be a liberal judge that would that would sentence him to the for life imprisonment, would without parole. I don't know what Georgia has.
Whatever, whatever the judge decides, Okay, if it's a case that that mandates up to an including life imprison and fine, but I mean, whatever the judge imposes. My question that is, does he serve it here? I think he should serve it here. I know there's a cost associated with that serving it here, but I think that justice needs to be done here. And I don't trust a lot of these countries because a lot of these countries. And again,
with no disrespect to any country in the world. You could send someone back to China and they could turn them free. The next day. You could send some back to England and they could have a change the government and two years from now turn them out. Let him, let him pay. The BOSCO disagrees with me, but.
All right, let me let me just say this, okay. One of the major reasons I moved out of Massachusetts, uh three and a half years ago was because it is a it's a one party rule, and you have it now where you have apparently the governor, uh, the Attorney General, the folks in the state House, and even the police commissioner who and you're not going to like to hear me say this, but I'm going to say it anyway, is a DEI hire. Okay, you know I will know that.
Folks, First of all, you don't know anything about it. Please don't go there with that. You don't know anything about Michael cost First of all, First of all, he's black police commission in bo.
That has nothing to do with color.
I guess we've I guess we've reached the end of the line again. If you want to quibble over that. That's not what I'm talking about tonight.
I just want to make one more comments. You can hang up on me.
Why don't you know I'm not going to hang up on you. But I'm going to say, retract the comment because the comment is unjustified. And if you don't want to retract the comment, we'll end it there.
I'm not going to retract the court.
That's it, Okay, your choice, six six, one, seven, nine. I mean, can you stay on topic, Mark, that's all. That's all. I'm still trying to figure out what you disagree with me on. But that's fine. Let's focus on what we're talking about here. If people who are here illegally commit a serious crime, I believe they should be tried uh and if found guilty, detained in Massachusetts to
serve their sentence here. The Globe article today does suggest that the federal authorities want to deport them immediately, irrespective of what they're what the crime is. I mean, if someone is here illegally and they get nailed for something like I don't know, pick pocketing or something like that,
convict them and get them out of here. But on a serious crime, I think they got to you do the crime you got to do at the time, doesn't matter if you're an American citizen or if you're here illegally. I got a couple of open lines. If you want, we will change topics. If this is not of interest to you, we can change topics at ten o'clock six one, seven, two, five, four, ten thirty six one seven, nine three one ten thirty. I think it's an important issue. I hope you do
as well. Back on Nightside after this.
Now back to Dan ray Line from the Window World night Side Studios on WBZ News Radio.
By the way, just as a programming note, tomorrow night at nine o'clock, we'll be talking with the US Attorney, UH, the newly appointed US Attorney for Massachusetts, Leah B. Foley. She will be an interesting guest. To get the US Attorney to come on and not only talk to me,
but to take calls from callers. UH is something that we've done before, but it is always I think very important to here from one of the most important law enforcement positions in the entire cormwalth of Massachusetts, if not frankly the most important law enforcement a position in Massachusetts. Let me go to Luciana in Pennsylvania. Luciano next on Nightsiger, right ahead.
Thank you Dan for taking my car.
Just let me say this as a Puerto Rican I like what Nikki Haley said.
She put in.
As a South Carolina as governor, she put in he verify and that's very effective for them were migrating. They were leaving South Carolina because we verify and moving to Alaba.
About the issue close, I'm trying to get people to focus on what we're talking about. Yes, someone is here illegally. Let me let me just refresh your recollection with the questions. Yeah, if someone is here illegally and they commit a serious violent crime like the one we're talking about. This guy who began raping a little girl when she was five, and it continued apparently until she was ten years of age,
over five years in various locations. Yes, if he is convicted of child rape, that carries up to potentially life in prison. Although unfortunately many, as I understand, the mean sentences for people who have committed child rape is not nearly as serious as most of us would like. But put that aside. If this guy is convicted and then sentenced to twenty years or thirty years or whatever. Where should he serve that sentence here or in the country that he emigrated illegally from?
Okay, he should serve the cub in the United States.
What thirty six trillion dollars in dead dare?
How the hell are we going to support all these mass illegal invasions. Yes, serve them here and then build to complete the wall and then send them back because what thirty six trillion dollars? What bankrupt?
Brother?
And we're going down like the Titanic.
Okay, thanks Luciana, appreciate your vankation. Thank you very much of a great night. Tough getting people on topics sometimes. Let me go to John and Maine. John, you're next on Nightside.
Welcome, Hi, Dan, how are you? I'll try to stay on topic. I do. I do agree with you. I think correct. You should be arrested here, tried here, sentenced here, and he can do his time here. I'm willing to sholl out a few tax dollars to take care of that. But to me, when I think of this whole immigration migration problem, Trump closed this border. I'm not a big Trump fan, but if he does nothing else than what he just did, I mean, that's step one close the
border and the rest of these problems. How we treat you know, a serious criminal like we're talking about, that's one thing. In how we treat somebody that's you know, here illegally, that's another thing, you know, I mean, it's complicated.
Let me. I think you're right on the money, and I agree with you totally. As I mentioned to Bosco, who was our.
First called to Nicey. I heard him nice in.
That doesn't enforce its own borders, is no longer a country.
Yeah, right, exactly exactly.
And you want to be fair and all of that. And and by the way, I'm someone who believes that we need more legal immigration. We only need.
I'm with you. I work in the hotel and restaurant business, and you know, I mean we you know today you know, I'm dealing with Peruvians, Colombians, Guatemalans, and they're wonderful, hard working, you know, decent people, and they're certainly welcome in this country as far as I'm concerned.
Yeah, you know, but I think they have to come in in an orderly fashion. We need to know who they are, in my opinion, Yeah, and uh and and then with with that knowledge, in some cases, I've said that you people who come in and and and and and pick fruits and vegetables. You know, if they come in right legally, and then in the off season return to the home and they come back over certain numbers of years, they can build up credits which might put
them on the road to becoming a legal citizen. If they put them on the road, they become a legal immigrant if they want. We just got to start writing outside the box. But I agree with you. I think that the Trump administration is evil is able to close the borders, and I think in the first month they've had some results. We have to rely upon these statistics that I.
Know they're a little little shaky, but.
Yeah, I mean if those statistics are accurate, and if there's also an element of self deportation where people he's never going to be able to deport eleven million people.
I think that's right. And yeah, that part of the issue, that part of the issue that you just brought up. Can't deport eleven million people, I think we have to. Nobody's been thinking outside the box on that. I think we need to do something these people. You know, maybe we can offer them temp rary work visas. I don't know, you know, but just get them registered, get them, you know, get them certified, get them, you know, off from it, because we do need these workers. There's no doubt my
mind about it. I mean it's anecdotal, but everything, John.
For a long time, the Republicans kind of stayed away from this issue because they were you know what, they were called the country clutter Republicans. I didn't mean to put you into a position, but the Democrats were looking at them as an infusion of potential new voters because as the team, which they're not well, but they're losing at this point, they're losing a lot of the traditional you know, believe it or not. Donald Trump got more
black voters, got more voters before him. So again I think I think you're right on target, and I appreciate you taking the time.
Hey love the show, Dan, always do. I listened to you on my way home and always appreciate it. Okay, very much, pretty good work, my friend.
Let me go next to Jack on the Cape Jack from Cape Card. Jackie may be the last on this issue tonight, got it or at least this hour?
Go ahead, Jack, Hey, Dan, I got a third option for you. What's that We'll send them to work camps in Siberia.
Well, unfortunately we don't control Siberia. We could send them to Guitanamo. I mean there's a apparently.
There's I think mister Putin and mister Trump could come up with a good deal.
Well I would hope not. I mean, yeah, that's fine, Okay, fixed, Jack, we.
Have joking okay, man, Yeah, I got you.
Okay, thanks, Jack, appreciate it. Let me go next to a coptic in Boston. Coptic, you're a little late here, but I'm going to try to get you and go ahead. Coptic.
How are you doing, Dan, I'm.
Doing just great. What's your thought on this, Coptic? If someone is here legally and they're convicted of a violent crime, where do they serve this sentence here or the country from which they came.
I believe if we live, we we we kept it here. We get that it's gonna cost the government too much, so and then we pay Texas and all the Texas goes to these criminals. My opinion is I have an idea. For example, in Mexico, we can the government can build a prison between the border of Mexico and the United States. Under the supervision of US.
So if there is anyments, a lot of money too coptic, I hate to I hate to tell you that, and I don't know that. I don't know that the area between the US border and the Mexican border, I believe it's contiguous.
I want I'm saying, I want to say that the Mexican government can take care of him, but every while, like some official police or whatever they call the official form, they can go there and be sure that this criminal he spent his time there. So that way, okay, I got it, Comic, I'm not sure that.
I'm not sure that that's realistic, but I appreciate your calling, even though you called late. Unfortunately, I'm flat out of time, so I gotta I gotta let you go. As always, Thank thanks, more time, Thanks very much, good night. All right. When we come back, we will change topics. And there's a new poll out that maybe maybe Americans are losing
faith in airlines. I'd love to know what you think if the last few weeks of air traffic accidents a couple of wells, The tragic, most tragic one was over the Potomac, but then you see the one in Toronto. What happened today and I played out of Atlanta. Does it giving you second thoughts about flying? There's some polls out tonight which suggests.
That's just that.
We'll talk on the other side of the ten here a Nights one