Known TENEBROUS Acvitivies

Memorandum - Los Angeles Activities - November 2003

To: JUSTIFY
From: ISHMAEL

I have received limited information regarding TENEBROUS personnel off-duty activities in Los Angeles during November 2003.

As you are aware, a protest at FCI-Bellewether led by Walter and Deborah Davis, parents of FADE required that we return her to the Castle while media attention was focused on her. A lawsuit on behalf of incarcerated mutants at the facility was publicized but has not yet been filed. (Such a lawsuit would likely be based on the Civil Rights Of Institutionalized Persons Act (CRIPA) and the Department of Justice is currently preparing a memorandum on the subject. At any rate such a liability analysis is outside the bounds of Agency operations, although the outcome might affect TENEBROUS activities.) This lawsuit was highly publicized by attorney Marcelino Rogalia from the high-priced lawfirm of Liman & Schumacher.

From conversations between FADE and her parents, we were able to determine that Rogalia and his firm had volunteered to represent them free of charge. This would be the first time that the firm would undertake either CRIPA litigation or mutant rights litigation, putting their motivations in serious question. However, in 1999 and 2002, Rogalia represented Ciro Guttierez, a Familia Torres capo who was arrested in Phoenix, Arizona on multiple charges of racketeering, murder, drug smuggling, and other state and federal charges. (Although he received a mistrial in 1999, Guttierez was convicted in 2002 of RICO and money laundering and is currently serving a 15 year sentence at Federal Correctional Insitution-Safford. He is not eligible for parole.) Thus it is possible that FADE's parents were used as pawns in an attempt by Joey Torres to gain access to FADE.

Although law enforcement sources are unable to connect the ensuing events, the following is known by various sources that report regularly:

In connection with this investigation I have received from confidential sources a document which I have filed and secured in Cabinet 9813-2. The keycode is provided seprately as per security requirements. I have not enquired of TENEBROUS personnel a true account of these activities. I am confident their activities have not compromised TENEBROUS effectiveness or operations.
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