The Devil and Sherlock Holmes (43 page)

—July, 2000

In November, 2000, Traficant was elected to a ninth term in Congress. Six months later, he was indicted on ten counts of bribery, racketeering, tax evasion, and obstruction of justice. Among the charges were that he did political favors for the Buccis in exchange for fee construction services on his farm, and assisted others in return for thousands of dollars in kickbacks. Traficant was also accused of asking an aide to lie to a federal grand jury and to destroy incriminating evidence. (The aide told authorities that Traficant watched while he took a blowtorch to envelopes that had once contained cash payoffs to the Congressman.)

The trial began in a federal district court in Cleveland in February of 2002, and, as Traficant had done nearly two decades earlier, he decided to represent himself. He accused the prosecution of having “the testicles of an ant,” and at one point stormed out of the courtroom. Yet this time a jury found him guilty on every count.

Saying he was “full of deceit and corruption and greed,” the judge sentenced Traficant to eight years in prison. In addition, the judge ordered that he pay more than a hundred and fifty thousand dollars in fines and nearly twenty thousand dollars in unpaid taxes, and return ninety-six thousand dollars in illegal proceeds.

As Kroner looked on, Traficant was led away in handcuffs. Kroner soon retired from the F.B.I. On July 24, 2002, the House of Representatives voted 420 to 1 to expel Traficant—making him only the second congressman since the Civil War to be expelled from the institution. While he was in prison, Traficant was put in solitary confinement for trying to foment a riot. In September of 2009, after serving seven years, he was released on probation. He was greeted in Youngstown by more than a thousand cheering supporters, many of them wearing T-shirts that said “Welcome Home Jimbo.” Traficant announced that it was “fifty-fifty” that he would run for Congress again.

Giving “The Devil” His Due

THE DEATH SQUAD
REAL-ESTATE
AGENT

No one remembers who first saw him in the neighborhood, but Emile Maceus was nearly certain that Emmanuel “Toto” Constant—the man everyone called “the devil”—was now standing on his front stoop. The man was six foot three, maybe more; he wore a coat and tie, and his tightly curled Afro was neatly combed. He had come, he said, to show a client Maceus’s house, a three-bedroom in Queens Village, New York. He was a real-estate agent, he said, and had seen the pink “For Sale” sign on the front lawn.

Maceus stared at him. The man’s face was pudgier than Maceus remembered from Haiti, during the military regime of the early nineteen-nineties. Back then he had been bone-thin and ghostlike, sometimes appearing with an Uzi or with a .357 Magnum tucked under his shirt. To help keep the junta in control, he had terrorized the population with his paramilitary squad—a legendary outfit of armed civilians who, together with the Haitian military, allegedly tortured, raped, and murdered thousands of people. “Can we look around?” the man asked.

Maceus wasn’t sure what to do. Maybe it wasn’t Constant. He was bigger than Maceus recalled, more genial, and before Maceus knew it the man was walking through his house, poking his head into each room, looking at the floorboards and the toilets, taking note of the overhead space in the kitchen, and commenting in Creole. In the living room, the man passed a poster on the wall of Jean-Bertrand Aristide—the once and future Haitian President, and the paramilitaries’ archenemy—but didn’t give it a second look. Maybe he was just a real-estate agent after all, just another Haitian immigrant trying to survive in New York.

But, as the real-estate agent was leaving, Maceus kept thinking, What if he is Toto Constant? Maceus knew that in 1994, after the United States overthrew the military regime, Constant, a fugitive from Haitian justice, had been allowed, inexplicably, to slip into the country. Maceus had heard that, after Constant had finally been arrested and ordered deported, he had in 1996 mysteriously been released under a secret agreement with the U.S. government—even though the Haitian government had requested his extradition and U. S. authorities had found photos of his group’s victims, their bodies mutilated, pasted to the walls of his Port-au-Prince headquarters like trophies. As the man was opening the front door, Maceus’s curiosity overcame him. He asked in Creole, “What’s your family name?”

The man hesitated. “Constant.”

It was Toto Constant. For an instant, the two Haitians stood there, staring at each other. Then Constant and his client sped off in a car. Maceus went inside and found his wife. She was trembling. “How could you bring that devil in my house?” she shouted. “How could you?”

News of the encounter, in the summer of 2000, spread through the city’s sprawling Haitian community, from Flatbush to Laurelton to Cambria Heights to Brooklyn, as it would have in Haiti—by teledjòl, word of mouth. Constant had ventured out into the community several times since the U.S. government had set him free, but never with such audacity—selling houses to the same people he had driven into exile. When he first arrived in Queens, he seemed to emerge only periodically. He was spotted, someone said, at a disco, clad in black, dancing on the day of Baron Samedi, the voodoo lord of death who guards cemetery gates in his top hat and tails. He was seen at a butcher shop and at a Blockbuster. Haitian-community radio and local newspapers reported the sightings—“
HAITI’S GRIM REAPER PARTYING IN U.S.
,” one headline announced—but he always managed to vanish before anyone could locate him. Finally, in 1997, the rumors led to a quiet street in Laurelton, near the heart of the Haitian community, where for years exiles had hoped to shed the weight of their history—a history of never-ending coups and countercoups—and where Constant could be seen sitting on the porch of the white-stucco house he shared with his aunt and his mother. “The whole idea of Toto Constant living free in New York, the bastion of the Haitian diaspora, is an insult to all the Haitian people,” Ricot Dupuy, the manager of Radio Soleil d’Haiti, in Flatbush, told his listeners.

It was not long before residents draped the street’s trees and lampposts with pictures of Constant’s alleged victims, their hands and feet bound with white cord or their limbs severed by machetes. Neighbors shoved one of the most horrifying pictures—a photo of a young boy lying in a pool of blood—under Constant’s door. Yet a few days later Constant was back on his porch. Locals came by and spat at his bushes; they stoned his door. Then, after Constant’s appearance at the Maceus house, an angry crowd surrounded his home, yelling “Murderer!” and “Assassin!” Someone spotted a figure down the road—a well-known ally of Constant’s, “a spy,” as a protester cried out—and the crowd chased after him. When he disappeared and there was still no sign of Constant, the crowd marched to the real-estate office, four miles away, where it threatened to drive the Haitian owner out of business unless he fired his new employee.

By November of 2000, Haitians had created permanent Toto Watches—networks that tracked Constant’s every whereabouts. At about this time, Ray Laforest, one of the Toto Watchers, agreed to show me where “the devil” could be found. He told me to meet him near the real-estate office, in front of which Constant had been seen smoking on his lunch break. Laforest was a large man, with a beard and sunglasses. He carried with him several posters, and when I asked him what they were he unfurled one, revealing an old black-and-white photograph of Constant. A mustache curled down around the corners of the reputed death squad leader’s mouth, and several crooked teeth showed between his lips. In bold letters, the poster said, “
WANTED: EMMANUEL ‘TOTO’ CONSTANT FOR CRIMES AGAINST THE HAITIAN PEOPLE
.”

Laforest told me that Constant had disappeared since the protest. “He’s gone into hiding again,” he said. After Laforest taped one of the “
WANTED
” posters to a lamppost, we got into his car and drove through the neighborhood, past a series of elegant Tudor houses, until we arrived at the house where Constant had last been seen. “Why are you stopping?” I asked.

“I’m numb,” he said. “If I saw him right now, I’d tie him up myself.” He told me that Constant’s men and other paramilitaries had dragged one of his friends from a church and shot him in broad daylight, and that earlier his own brother had been tortured by the Haitian military. We waited for several minutes, parked behind a bush. “Bay kou bliye, pote mak sonje,” Laforest said.

“What does that mean?” I asked.

“It’s an old Creole proverb,” he said. “Those who give the blows forget, those who bear the scars remember.”

L
ETTING
T
OTO
S
PEAK FOR
T
OTO

I had been looking for Constant ever since I heard that a man facing charges in Haiti for crimes against humanity was living among the very people against whom the crimes were said to have been committed. Unlike Cain, who was cast out of his community, Constant had become an exile in a community of exiles, banished among those whom he had banished. Though he had fled justice, he could not escape his past. He had to face it nearly every day—in a glance from a neighbor, or a poster on the street.

More important, he was, for the first time, confronted with the prospect of real justice. In the fall of 2000, the Haitian government put him on trial in absentia for the 1994 murders of at least six people in the town of Raboteau. Dozens of others were also on trial. It was a historic case—the first major attempt by the Haitian government to prosecute anyone for the brutal crimes committed by the military regime and to test its judicial system, which had been corrupt for so long that it was essentially nonexistent. And there was mounting pressure on the U.S. government, at home and abroad, to extradite Constant.

When I reached his lawyer, J. D. Larosiliere, he told me that things were at their most critical juncture. A barrel-chested Haitian-American who speaks a combination of formal English and street slang and has a penchant for finely tailored suits, Larosiliere told me that he was often referred to as “the Haitian version of Johnnie Cochran.” Denying that there had even been a massacre at Raboteau, he said that if Constant was sent back to Haiti he would likely be assassinated. Because of the desperateness of the situation, Larosiliere agreed to let Constant, whom many thought had disappeared, meet with me.

So, one afternoon several days later, I headed to Larosiliere’s office, in Newark, New Jersey. When I arrived, Larosiliere was in a closed-door meeting, and as I waited outside in the foyer I could hear the sound of Creole punctured by occasional bursts of English. Suddenly, the office door swung open and a tall man in a double-breasted suit hurried out. It took me a moment to recognize Constant—he looked at least thirty pounds heavier than in the pictures I’d seen of him taken during the military regime. He still had the same mustache, but on his heavier face it no longer appeared so menacing. He wore a turtleneck under his jacket and a gold earring in his left ear. “Hey, how you doing?” he said, speaking with only a slight accent.

To my surprise, he looked like an average American. We sat down in a small conference room lined with books. He paused, rocking back in his chair. Finally, he said, “It’s time for Toto to speak for Toto.”

It was the first of more than a dozen interviews. As he told me his story over the next several months, he often spoke for hours on end. He turned over his voluminous notes and private papers, his correspondence and journals. During that time, I also interviewed his alleged victims, along with human-rights workers, United Nations observers, Haitian authorities, and former and current U.S. officials within the White House, the State Department, the Immigration and Naturalization Service, and the intelligence community, many of whom had never before spoken publicly about Constant. I also gained access to intelligence reports, some of which had previously been classified, and State Department cables. With these and other sources, I was able to piece together not only the story of Emmanuel “Toto” Constant but also much of the story of how the U. S. government secretly aided him and later shielded him from justice.

V
OODOO
P
ARAMILITARY

In October of 1993, the U.S.S. Harlan County, loaded with military personnel, was sent steaming toward Haiti’s capital, Port-au-Prince. President Bill Clinton had dispatched the ship and its crew as the first major contingent of an international peacekeeping mission to restore to power Haiti’s first democratically elected President, Jean-Bertrand Aristide. Aristide was a political priest, a wiry, passionate, bug-eyed orator who had risen to power in late 1990 on a mixture of socialism and liberation theology. The downtrodden of Haiti, which is nearly everyone, called him Titid and revered him; the military and the economic élite reviled him as an unstable radical. He was deposed in a coup less than a year after taking office and ultimately fled to the United States. Since then the military, along with roaming bands of paramilitaries, had murdered scores of people. The bloodshed had galvanized the international community, and the ship’s arrival was hailed as a turning point in the effort to reestablish some semblance of public safety and the island’s democracy.

On October 11th, as the Harlan County neared port, a group of U.N. and U. S. officials, headed by the chargé d’affaires, Vicki Huddleston, and accompanied by a large press corps, came to formally welcome the ship and its troops. The assembly waited at the entrance to the port for a guard to open the gate, but nothing happened. Documentary footage shows Huddleston sitting in the back of her car with the C.I.A. station chief. Speaking to another embassy official, she says into her walkie-talkie, “Tell the captain [of the port] I am here to speak with him.”