Brazilian Judge Rejects Schair's Request for Habeas Corpus
Mon Jun 29, 2009
By Sandy Frost
world-news, brazil, prostitution, brasil, shriners, richard-schair, wet-a-line-tours, scutter-newton
Monday, June 29, 2009
On June 23, 2009, Brazilian federal judge, MARIA LUCIA GOMES DE SOUZA, denied a June 19, 2009 Habeas Corpus request filed on behalf of former fishing tour operator Richard Wayne Schair of Gainesville, Georgia. If granted, this would have protected Schair from unlawful detention upon entering Brazil after being charged with rape, corruption of minors and operating a house of prostitution.
Brazilian Federal Police, Amazon division inquest #410/2007 led to filing legal proceedings against Schair on August 8, 2007 as they investigated "that since the year 2000, minor Indian and other girls living near the rivers in the region of the Municipality of Autazes/AM became victims of sexual exploitation by North American tourists."
Until recently, Schair operated Wet-A-Line Tours that provided Peacock Bass fishing trips along the Amazon. On May 11, 2007, he filed a defamation lawsuit against competitor Philip Marsteller, owner of Amazon Tours, after he alleged Schair was involved with illegal drugs and prostitution. As evidence seemed to support these allegations, Schair withdrew his complaint and settled out of court on December, 9, 2008.
Evidence included depositions from two Brazilian fishing guides who, in February, 2008, went to the Brazilian Federal Police and the American Embassy in Brasilia to testify about and provide pictures of Schair's clients having sex with underage Indian girls. Both were encouraged to further testify in the United States in mid April, 2008, provided depositions for the defense.
From his Tuesday, April 15, 2008 deposition, current PACER document 83-3, Admilson Garcia Da Silva was asked:
Q: Did you ever witness any of the Wet-A-Line customers engaging in sex acts with these women that were on the Wet-A-Line boats? (PP30)
Q: What did you see?
A: I saw five, five of them, five and five men and two of the women were minors.
Q: I'm sorry. You said you saw five men and five women and two of the women were minors. Is that what you said.
A: That's right.
Q: And what did you see the men and women doing with each other?
A: There was one woman having sex with a man and the other - the other woman only gave them a blow job. (PP 34)
On Tuesday, April 15, 2008, Adilson Garcia Da Silva was asked in current PACER document 83-2:
Q: Who asked you to purchase drugs for Wet-A-Line's customers? (PP56)
A: Mr. Richard would ask, would ask me to buy.
Q: What did he specifically ask you to buy?
A: Every time he would go to Brazil, he would ask me to buy.
Q: What did he specifically ask you to purchase?
A: It was marijuana. As a matter of fact, before I left, he wanted to order marijuana. He wanted more.
Q: What are - did you ever hear anything that occurred on the Wet-A-Line boats that you thought were somewhat unusual with respect to customers having sex with these prostitutes? (PP 89)
Q: What were some of the things that you saw from these customers with these prostitutes?
A: Oral sex during the day, especially, and the strip at night. Dancing and exaggerated drinking, drugs. (PP90)
Q: What is the youngest age that you're aware of girls being prostitutes on Wet-A-Line boats? (PP100)
A: They said that there were 18, but some of them were 16, 17.
Q: What is the youngest age that you're aware of a girl being on the boat as a prostitute?
A: My brother would pick up a group of girls in Autazes, and would take by boat to an American. One was 13, one was 14, and there was one who was even 9 years old. (PP101)
Q: Was there ever a certain age group that you were asked to retain the services of meeting, a certain age group of females that you were ever asked to retain the services of while working at Wet-A-Line tours for specific - for a specific group of customers? (PP 23)
A: Yes. They always wanted the young ones.
Q: Was there ever a specific age group that you were asked to hire for a specific group of customers?
A: They would ask from 13 up. (PP 24)
Q: Was there a specific group of customers, of Wet-A-Line customers that you were aware of that wanted a certain age group of women?
A: It was more so the group of Masons (sic) that would ask for that.
Q: And was that the group of people that are indentified in the pictures that you have provided in this case?
A witness list for the defense named 19 Masons who were also members of the Shriner's secret sub-group, the Royal Order of Jesters or ROJ. The Shriners are best known for their network of 22 hospitals that provide free medical care to burned and crippled children and have been the subject of investigation here since June, 2006 for their lack of nonprofit transparency, disclosure and accountability.
The first ever article written about the ROJ can be read here.
"Jesters Exposed" details a complaint that asked the Grand Master of the Grand Lodge of Texas to investigate the Jesters for:
- Actions which disgrace Masonry
- Indulging in the intemperate use of intoxicating liquor
- Profane swearing
- Willfully abandoning their families
- Cohabiting with lewd women
The investigation yielded no prosecutions.
"Jesters To Testify about Illegal Drugs, Child Prostitution?" can be read here.
This article names those 19 Jesters who were expected to testify about fishing trips to Brazil and "their first hand knowledge of prostitution, minor prostitution, use of illegal drugs and/or entry into Indian reservations by Schair (plaintiff) and/or his customers."
William Dewane Meeks, address unknown.
Ferrel Harrison Adams, Jr., ROJ Court #24, Albuquerque, NM.
Robert Rex Lee, M.D., ROJ Court # 76, Wichita, KS.
Robert Rex Lee, II, ROJ Court #76, Wichita, KS.
Thomas Raymond Lee, address unknown.
Don Anderson, ROJ Court #24, Albuquerque, NM.
Douglas Allan Boynton, ROJ Court #161, President, 2005, Long Beach, CA.
Norman Lee Broschous, Peoria, IL.
Robert George Duncan, ROJ Court #161, Long Beach CA.
Phillip Carl Spellens, ROJ Court #161, Secretary, 2005, 2006, Long Beach, CA.
Claude William "Bill" Grimes, ROJ Court #168, Tyler, TX.
Carl Wayne Mixon, Sr., ROJ Court #36, New Orleans, LA.
Walker Jenkins, ROJ Court #161, Long Beach, CA.
Samuel Emmett "Scutter" Newton, Jr., ROJ Court #181, Las Vegas, NV.
Roy Edward Pennington, ROJ Court # 36, New Orleans, LA.
Roy Edward Pennington Jr., ROJ Court #36, New Orleans, LA.
Edward Beynroth Schwimg, Address unknown.
Edward William Sparks, Address unknown.
Harry Howlett Waldron, ROJ Court #90, Jacksonville, FL.
"Brazilian Fishing Trip Depositions: 'Masons' Pictured Having Sex with Teen Prostitutes?" can be read here.
This describes depositions that identify pictures of "Masons" having sex with underage girls.
These articles were published around the same time that Dan Herbeck of the Buffalo News broke the news about how three members of the Royal Order of Jesters were caught in a FBI human trafficking sting as they took illegal alien prostitutes to weekend Jester bashes in Kentucky, Pennsylvania, Florida and Canada.
These Jesters included a former New York state Supreme Court judge, his law clerk and a retired police captain. All three pled guilty to violating the Mann Act, with the law clerk and retired police captain being sentenced to house arrest and probation. The judge's sentencing date has been extended to August 7, 2009 for providing proactive cooperation with respect to the unlawful transportation of individuals for prostitution or other sexual activity prohibited by law, and that includes sex trafficking, sexual exploitation of minors or any international travel for that purpose."
"Royal Order of Jester (ROJ) Resource & Poll" can be read here.
This describes the Jester national court's nonprofit status and how they reported to the IRS on their 2007 tax return that they spent nearly $600,000 on one of their weekend bashes.
That's about $12K a minute, which is over four times the per capita income of $2842.36 per Brazilian.
"Child Sex Tourism: Brazilian Teens Testify About Being Lured into Minor Prostitution for American Tourists" can be read here.
This article makes it clear that there is no direct link between these Brazilian Indian girls and those Jesters who were also clients of Richard Schair and Wet-A-Line Tours. It reports that five "Jane Does" provided depositions to the Brazilian Federal police on June 13, 2007 and alleged that a North American named "Richard" illegally entered their Indian reservation to lure them into prostitution aboard his fishing boat, the Amazon Santana. The girls testified that two were 13, two were 14 and one was 16 at the time of first contact with "Richard."
One of the 13 year olds reported she was left pregnant after one such fishing trip.
According to the U.S. Department of State, child sex tourism (CST) involves travelling out of country to pay for sex with children. This results in "mental and physical consequences for the exploited children, that may include disease (including HIV/AIDS), drug addiction, pregnancy, malnutrition, social ostracism, and possibly death."
United States citizens or residents who engage in sexual activity abroad with a child under 18 and/or those who organize such trips can face up to 30 years in prison.
Two time offenders can be sentenced to life.
And there is no statute of limitations.
Specifically, from the Department of Justice:
"Those who profit from victimizing children and adults in the sex trade are only one half of the problem. The other half is those who patronize this exploitive industry. Federal statutes hold those who travel to do so, and those who benefit from arranging that travel, accountable. For example, 18 U.S.C. § 2423(b) prohibits traveling across state lines or into the United States for the purpose of engaging in any illicit sexual conduct (which includes any commercial sex act with a person under 18) and carries a 30 year maximum sentence, while 18 U.S.C. § 2423(c) prohibits an American citizen or national engaging in illicit sexual conduct outside the United States and carries a 30 year maximum sentence. 18 U.S.C. § 2423(c) does not require that the citizen have traveled outside the country with the purpose of engaging in illicit sexual conduct in a foreign country. 18 U.S.C. § 2423(d) prohibits arranging or facilitating, for financial gain, another person's travel to engage in illicit sexual conduct and carries a 30 year maximum sentence."