Vol. 75/No. 45      December 12, 2011

Jose Pimentel, 27, a Dominican-born naturalized U.S. citizen, was arrested on “conspiracy” and “terrorism” charges Nov. 19 after the New York police burst into his Manhattan apartment. Police Commissioner Raymond Kelly charged that Pimentel was a “lone wolf” who had “self-radicalized.”

However, facts show Pimentel did virtually nothing “alone.” He was constantly prodded and assisted by an undercover provocateur. The unnamed informer continuously got Pimentel over to his apartment, gave him marijuana, after which he recorded what he said. In the apartment, press reports say, the snitch prodded and helped Pimentel build a pipe bomb.

If convicted, Pimentel faces 25 years to life. He has pleaded not guilty.

Police say their charges are based on information supplied by the informant, at least one undercover cop, and analysts from their “cyber-terror unit.” According to Kelly, Pimentel had spoken of targeting police and returning military personnel, but that his plans were still “vague.”

The arrest was made by the New York Police, not the FBI. The FBI-led Joint Terrorism Task Force in New York was invited to get in on the bust twice, but declined. The FBI told the press that Pimentel “didn’t have the predisposition or the ability to do anything on his own.”

The FBI also said the zealous participation of the informant would make it “possible” for Pimentel to argue he was entrapped.

The FBI refused to file any federal charges against Pimentel. At a press conference Nov. 20 Manhattan District Attorney Cyrus Vance Jr. announced he would “proceed under state charges.” He was accompanied by Mayor Michael Bloomberg and Commissioner Kelly.

Filing charges in state court makes the frame-up easier because the cops can use conspiracy charges that only involved two people—Pimentel and the snitch, who, as a cop agent, is immune from prosecution.

Pimentel was initially assigned a Legal Aid attorney. However, the group had to withdraw after they were informed that the undercover provocateur in the case also had a Legal Aid lawyer on previous narcotics charges.

Over the past decade the NYPD has built a massive counterterrorism apparatus with more than 1,000 operatives. New York cops are stationed in London working with Scotland Yard and in Lyon, France, working with Interpol, as well as posted to police headquarters in Hamburg, Tel Aviv and Toronto. Detectives have traveled to Afghanistan, Egypt, Yemen and Pakistan.

Undercover police officers have especially targeted Muslim neighborhoods, and have built databases with all kinds of information about residents: where they shop, get their hair cut and pray. There has also been a program to infiltrate Muslim student groups at a number of colleges around the city.

Pimentel’s father, Juan Jose Pimentel, told the press in the Dominican Republic that there was no basis for his son’s arrest. “They want to set an example with terrorism,” he said.
 
 
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