Gay Homeland Security Officer Robert Rhodes loses bid to dismiss
A federal magistrate has declined to dismiss the case against a Homeland Security officer charged with battering a Chinese tourist at a western New York border crossing. Officer Robert Rhodes had asked the court for dismissal of his case in October, claiming the government was selectively prosecuting him because he's gay and had filed a discrimination complaint. U.S. Magistrate Judge Hugh Scott said Rhodes failed to show that prosecutors knew about his sexual orientation prior to his arrest. Witnesses say the 43-year-old Rhodes used pepper spray on 37-year-old Zhao Yan, threw her against a wall and struck her head on the ground while holding her hair.WSTM[Date: 10-Feb-05 ]
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