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The Douglas News DOUGLAS — There may be more to Paola Yarberry's arrest and incarceration than an immigration violation, according to documents obtained last week by The Douglas News. Yarberry, now 21, was arrested on May 1 in Douglas on an immigration violation, and has been in custody of Immigration and Customs Enforcement (ICE) ever since. Yarberry has had three hearings requesting release from the Gadsden, Ala., detention facility in which she is being held. Yarberry is from Venezuela, but has been living in the United States since 1991. In her first hearing, which took place in Atlanta on May 10, Judge William Cassidy heard arguments regarding the case in his chambers. Following the arguments, Judge Cassidy came back into court and said he would render a decision after he had gathered more information on the case. He also said another state agency had an interest in Yarberry's case. Apparently, that other agency is the Georgia Bureau of Investigation, and according to the documents, Yarberry was arrested on May 1 "at the behest of the GBI." Yarberry was inside Jon's Sports Park on Sept. 20, 2006 — the day Doris Worrell, 39, was tragically murdered. Yarberry was living with the Worrell family, and working at the sports park, at the time of the murder. A writ of habeas corpus filed by Yarberry's attorney, Socheat Chea of Duluth, in United States District Court in Atlanta describes what happened after Yarberry was arrested. According to the writ, Yarberry was initially charged with overstaying her visitor visa. After Yarberry's arrest, the documents say that she was questioned by "a number of GBI and ICE agents" regarding the murder of Doris Worrell. Yarberry requested to speak with her immigration attorney, who had previously handled some of Yarberry's paperwork. The writ says that agents called the attorney, but wouldn't let the lawyer talk to Yarberry privately. According to the writ, ICE told the attorney the agency would issue Yarberry a "S" visa for her cooperation. Her attorney told her she needed a lawyer present. According to the writ, agents told Yarberry that none of her family and friends were looking for her and that ICE would deport her "immediately." The writ then says the following: "They scared her so much she would not agree to speak without an attorney present. Paola believed ICE and the GBI wanted her to fabricate statements; therefore she told them she might have more information (as a scared young girl she did not know if she knew anything of value), and she asked for an attorney." The writ also says that Yarberry has cooperated with the GBI since Doris Worrell was murdered, including going back in the park on the day after the shooting before the scene had been cleaned up. The documents also say that the Department of Homeland Security altered Yarberry's original charges while she has been in custody because Yarberry's mother failed to appear at a deferred inspection in 1999. The documents also say that Yarberry has never been arrested of a crime, is a zero flight risk and should be released immediately. However, letters written by GBI assistant director Christina R. Ash and district attorney Rick Currie dated May 3 and May 2, respectively, state otherwise. Ash's letter, addressed to Felicia Skinner, acting field office director of ICE, states that during Yarberry's initial interview following her arrest, she "acknowledged that she knew more about the murder of Doris Worrell than she has previously told investigators, but steadfastly refused to divulge that information. Ms. Yarberry eventually terminated the interview, stating that she was afraid she would incriminate herself if she divulged the information." The letter also states that Ash opposed bond being set for Yarberry "until the completion of the criminal investigation into the murder of Doris Worrell or the deportation of Paola Yarberry." Ash also wrote that the GBI received credible evidence that Yarberry and the Worrell family were planning on relocating to Montana after the 2006-2007 school year ended. Currie's letter says the same thing, stating that she admitted that she was "withholding crucial information to a murder investigation" and he opposed bond until the completion of the murder investigation or Yarberry's deportation. Yarberry remains in the custody of ICE. She has another hearing scheduled for Thursday, Aug. 16 in Atlanta.
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