Disgraced Former Cop’s Report Led to Wrongful Rendition of Andry José Hernandez
A report by disgraced former police sergeant Charles Cross Jr. resulted in wrongful rendition of gay Venezuelan makeup artist and asylum seeker Andry José Hernandez to the CECOT prison in El Salvador as a member of the Tren de Aragua gang.
Both Hernandez’ lawyer and Venezuela’s say Hernandez has no link with the gang.
In 2007 Cross was convicted of a misdemeanor for kicking in the door of the apartment he and his girlfriend shared, then threatening to commit suicide with his gun. In 2012 a Milwaukee, Wisconsin police department fired him after drunkenly crashed a car into a house while driving drunk. He was investigated for allegations that he falsely claimed overtime hours. He resigned during his appeal of the firing.
After the firing, he was added to the Brady List of police officers who are regarded as not credible for legal testimony in Milwaukee County.
Cross now works for CoreCivic, which operates immigration detention centers on behalf of Immigration and Customs Enforcement.
As an investigator, on 10 December 2024 Cross marked Hernandez as a member of Tren de Aragua on the basis of crown tattoos, which Cross alleged are associated with the gang. Nothing else on the form was marked, such as “intelligence information received from other agencies” or “group photos” with known gang members. In 2023 Customs and Border Protection issued a bulletin noting that tattoos are not a reliable sign of gang association.
Hernandez’s lawyer said his tattoos show his love for the annual “Three Kings” festival in his hometown of Capacho, Venezuela. Cross’ assertion that the tattoos signify Tren de Aragua were enough to get him sent to CECOT even though Cross is officially too unreliable to provide legal testimony.
ICE told Hernandez’ lawyer Lindsay Toczylowski they will not facilitate communication with Hernandez and he will not be available for future court proceedings. ICE denies him any way to pursue legal relief.
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