Border officer acquitted of assault on Chinese tourist

Though much of Western New York barely knew the trial was going on, China was shocked Thursday as a Homeland Security official was acquitted on charges of severely beating a Chinese tourist last summer at Niagara Falls.

Robert Rhodes III, 44, was found not guilty in federal court for allegedly beating tourist Zhao Yan and smashing her face into the pavement at the Rainbow Bridge in July 2004.

Rhodes was accused of spraying Zhao with pepper spray, throwing her against a wall, kneeing her in the head and striking her head on the ground, according to the Associated Press.

Rhodes' attorney told The Buffalo News after the trial that the jury did a "great job for their country," and Rhodes will seek to regain his job with Homeland Security, which suspended him after the incident.

Zhao is seeking $10 million in damages in a lawsuit against the U.S. government.

Rhodes testified in court that he followed procedure in handling Zhao, who he thought at the time was involved in drug smuggling and chased down when she allegedly ran from his questioning. The defense said Zhao's claims were exaggerated and that she made up details of her story, according to The Buffalo News.

The court's ruling was a surprise to many Chinese, both in the United States and abroad, who were hoping for a guilty verdict. In a statement on its Web site after the trial, China's consulate in New York said it was shocked and would keep a close eye on Zhao's continuing civil lawsuit.

"The New York consulate general expresses its shock and regret, and hopes the U.S. side truly safeguards the legal rights of Ms. Zhao," the statement said.

Many in China were outraged at the original incident, especially after pictures of the bruised and battered Zhao were published last year. Thursday's ruling has already garnered much of the same reaction.

"This plays big in China," said Claude Welch, a political science professor at UB. "There were high hopes pinned in China on the outcome, which they fully anticipated given the pictures that were shown."

Roger Des Forges, a UB history professor, said there's a tremendous amount of interest and respect for the United States in China, especially when it comes to justice, human rights, and "rule of law."

"A case like this will be watched closely to see how the rule of law works," Des Forges said. "If there is a widespread perception that the judgment was unfair, that the punishment didn't fit the crimes, that for whatever reason the wheels of justice did not move smoothly, that will tarnish the image of the U.S. to the Chinese."

A single event can only have a limited impact, Des Forges said, but in this case Americans should certainly worry about the cultural consequences.

If the United States becomes less of a model nation in the eyes of the Chinese, "then our long-term impact will be diminished," Des Forges said.

"It does grievous things to Sino-American relations," Welch added.

In the trial, three main witnesses testified against Rhodes. One was Zhao herself, and the others were Homeland security officers Emmett Russell and Amina Zinnerman, who provided graphic detail of Rhodes' assault on the 38-year-old businesswoman.

Assistant U.S. Attorney Martin Littlefield said Rhodes mistakenly thought Zhao was connected to a man who had just been caught smuggling marijuana. Zhao told the jury that when she tried to explain in poor English that she was in America for a business meeting, he pepper sprayed and attacked her.

Rhodes' lead attorney, Steven Cohen, told The Buffalo News that jurors were skeptical because Zhao was suing the federal government for millions and was accompanied by a personal injury lawyer from New York City.

Zhao's attorney, Stanley Legan, said his client is still seeking the $10 million in compensation, and the jury's outcome was likely influenced by a lingering post-9/11 atmosphere in the United States, according to Xinhua, the official press agency of the Chinese government.

Homeland Security officials have not commented on whether Rhodes will be allowed to return to his job.