Carlos J.

Sagarda-Abreu
Attorney at Law
Tel. 787 360-7924 Email. carlos.sagardia@gmail.com

March 13, 2014 VIA EMAIL Mr. James Tuller Chief Superintendent Puerto Rico Police Department Re: Dear Mr. Tuller: Cordial greetings. We are writing on behalf of our client, Yesenia Torres-Figueroa (Mrs. Torres). On March 12, 2014, the Puerto Rico Department of Justice (PRDOJ) filed a criminal case against Mrs. Torres before the Fajardo Judicial region for alleged acts stemming from a transit accident that occurred on February 25, 2014. Specifically, five (5) criminal charges were filed against Mrs. Torres consisting of three (3) misdemeanors for alleged transit violations and two (2) felonies consisting of alleged obstruction of justice and alleged criminal damages caused to a bicycle. After a holding an evidentiary hearing pursuant to the applicable Rules of Criminal Procedure, the Honorable Fajardo Municipal Court found probable cause for arrest on all five (5) charges. Mrs. Torres posted the corresponding bond set by the Honorable Court. On March 13, 2014, and pursuant to the normal course of all criminal procedures were probable cause for arrest is found, Mr. Torres appeared before Carolina PRPD headquarters for purposes of taking her booking photograph or mug shot. Notwithstanding the fact that Mrs. Torres was not charged with the felony crime of homicide, the PRPD printed, published and disseminated to the press a booking photograph of Mr. Torres, which states the she was charged with the crime of homicide. Said information is not only egregiously false, but also defamatory in nature. In view of the above, we take this opportunity to inform you that, pursuant to Puerto Rico law and jurisprudence, the publication, with real malice or negligence, of false and defamatory information from any individual is judicially actionable. Certainly, it is undisputed that Mrs. Torres has not been charged with the felony of homicide. Consequently, the dissemination of Mr. Torress booking photograph containing false information regarding a crime that she has not been charged with constitutes defamation for which the PRPD and the Government of Puerto Rico are jointly and severally liable. See, Prez v. El Vocero, 99 TSPR 154. Yesenia Torres-Figueroa

The PRPDs actions with regards to this matter are highly questionable and raise serious and reasonable concerns as to the real intent behind the defamatory publication of Mr. Torress booking photograph. Therefore, we respectfully request that the PRPD commence an internal investigation as to the form and manner in which the Carolina Police and any other PRPD member have handled this particular case. Finally, we respectfully request that your office issue a press statement correcting the false and defamatory information that was disseminated regarding my client. Thanking you in advance for your attention to this matter, we remain.

Cordially,

s/ Carlos J. Sagarda-Abreu