By ANA X. CERON

Palm Beach Post Staff Writer

Friday, April 04, 2008

JUPITER — Former police officer John Banister is already suing the town, but now some of his grievances have gone digital.

A 1 1/2-minute video posted on the Web site YouTube shows Banister in front of the El Sol day labor center complaining that his former bosses didn't want him to contact immigration officials when he arrested suspects who could have been undocumented.

Banister recounts that during his tenure with the Jupiter force, he helped deport "probably at least 10 dozen people." When his supervisors learned he was reporting suspected undocumented immigrants to immigration officials, they told him his actions went against the town's "political agenda," he claims.

In an interview, Banister said he was tired of watching the same people get arrested again and again instead of getting deported because they were living here illegally. He said the suspects were mostly Hispanics who would sometimes admit they were undocumented immigrants after Banister asked them in Spanish.

Town officials became aware of the video this week when Town Manager Andy Lukasik e-mailed the council to dispel some of Banister's claims.

His numbers don't all match town records, police said. Records show that Banister, 36, made 129 arrests during his nearly five years with the force. Seven involved Hispanics.

"I think you'll agree that this differs significantly from his claims on the video," Lukasik wrote.

Police make note of a suspect's nationality when they make an arrest on felony charges, spokesman Sgt. Scott Pascarella said. That information is forwarded to the Palm Beach County Sheriff's Office when the suspect is booked into jail.

From there, the information is checked by an Immigration and Customs Enforcement agent, sheriff's spokesman Sgt. Pete Palenzuela said. The agent determines which suspects should be interviewed to help decide how immigration authorities handle his case.

Banister said he agreed to record his comments as a way to support the anti-immigration group that protests outside El Sol on Saturday mornings, which it has done for several months.

He was driving by the center more than a month ago and stopped to share his experience at the police department. One of the protesters then asked to make a video of him, Banister said.

This isn't the first time the former officer has decided to put his criticisms of the department on the record. Banister resigned in January 2007 after he sent a letter to town officials and local media questioning the leadership of a night-shift supervisor.

Banister suspects that the reason the department's records don't match his recollection is, in part, that he often helped other officers with arrests.

He said he did not make the video to retaliate against the town.

"I had no personal motivation other than doing the right thing," Banister said.

Banister sued the town last fall as a whistle-blower, saying the department in effect punished him after receiving the letter and conducting investigations by placing him on day-shift desk duty. He worked nights so he could care for his infant son. Banister's suit asks for his job back, plus compensation for lost wages and attorney fees.