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The Border-Patrol Two Deserve Jail (Despite the “hero” propaganda)
National Review ^ | 01/27/2007 | Andrew C. McCarthy

Posted on 01/29/2007 9:30:51 AM PST by SirLinksalot

The Border-Patrol Two Deserve Jail

Law enforcement defends its honor, despite the “hero” propaganda

By Andrew C. McCarthy

“Texans aren’t whiners,” Johnny Sutton told me. Still, forgive him if he sounds a bit frustrated.

Sutton is the top federal law-enforcement officer in one of the nation’s most notorious border badlands. Day in and day out, while no one was paying much attention to the dusty Rio Grande towns outside El Paso, he has been the U.S. Border Patrol’s staunchest ally.

A solid law-and-order conservative, Sutton’s position, United States Attorney for the Western District of Texas, is a unique perch from which to appreciate hundreds of dedicated Border Patrol agents, to grasp in a real way — not a bandwagon way, but a rubber-meets-the-road way — that these men and women truly are our last line of defense against the hordes for whom our political elites are determined to put out a big, fat welcome-mat reading “AMNESTY.”

He has thus vigorously supported them. Sutton’s office prosecutes their cases against alien smugglers and narcotics importers at an impressive clip. It is not for nothing, moreover, that badlands are called “badlands.” Illegals and their facilitators routinely assault the agents. Frequently, there is gunfire. Sutton knows the outnumbered agents have to be able to defend themselves and impose what passes for order. Since he’s been U.S. attorney, there have been several incidents in which agents have shot at hostiles, including four resulting in fatalities. In each, Sutton’s office investigated the matter thoroughly and the agents were cleared without charges being filed.

So why are some Border Patrol agents vilifying Sutton today? Why are they joined by a full-throated chorus of union reps, anti-immigration activists, media heavyweights, and a small but vocal cabal of mostly Republican congressmen? Because two rogues who had no business wearing badges and carrying guns have managed to entangle their gross malfeasance in the impassioned politics of immigration, that’s why.

The sordid details that should condemn these corrupt agents — agents who make the jobs of honest law-enforcement officers galactically harder both in the field and in the courtroom — have been obscured by layers of hyperbole. Hyperbole by which they’ve ludicrously been portrayed as “heroes.” Truth be damned, they have somehow managed to make themselves the rallying cry for Americans enraged by their government’s conscious avoidance — indeed, its active facilitation — of exploding illegal immigration and all its consequent social maladies.

Most ironic of all, this farce owes to the outrage that most offends us: Mexican drug pushers who enter illegally to peddle their poison north of the border. The kind of low-lifes Sutton prosecutes in droves, working shoulder-to-shoulder with the Border Patrol.

One such dope-smuggler, Osvaldo Aldrete-Davila, is at the center of the storm around the two mythologized agents. The propaganda version holds that Aldrete-Davila got off scot-free, while our brave “heroes,” agents Jose Alonso Compean and Ignacio Ramos, are serving heavy-duty jail-time for just doing their jobs.

That's just not the truth.

FACT VERSUS FICTION It should be enough to say that the job description for federal agents solemnly sworn to enforce the law does not include the commission of felonies like obstruction of justice and making false statements (in this case, quite intentional, highly material omissions on official government reports). But to state the obvious does not do this matter justice. Not even close.

Here’s the dirty little secret the agents’ partisans never tell in their relentless media rounds. You want to be mad about a miscreant like Aldrete-Davila getting away with importing scads of marijuana into Estados Unidos? Then be mad at … the “heroes.”

The rogue duo had two easy opportunities to arrest Aldrete-Davila: First, when he attempted to surrender and Compean decided it would be better to smash him with the butt of a shotgun than to put cuffs on him, as it was his duty to do; and then, when the “heroes,” having felled the unarmed, fleeing suspect with a bullet fired into his buttocks, decided to leave him there so they could tend to the more important business of covering up the shooting.

Since it’s hard to decipher the facts amid the noise, it’s worth remembering that a jury of twelve impartial Texans convicted the agents of almost all the charges, beyond a reasonable doubt, after a two-and-a-half week trial. Many complain, with some force, about the aggressive charges brought by the government against Compean and Ramos, but you don’t have to like this case to understand that — barring some demonstration of irrationality (and there has been none) — the factual findings necessary to that verdict merit respect. They are certainly more reliable than hype from those with an ax to grind.

As is typical in controversial trials, when the sentences the court imposes months after the verdict turn out to be stiff, it is true that some jurors have since expressed regret about their vote to convict Compean and Ramos. But three jurors’ lame bleating that they were in the dark about the possibility of holding out for a hung jury smacks of buyer’s remorse, not confusion. When it counted, the full jury plainly resolved disputed issues and credibility calls against the agents. In addition to being entitled to deference, that lopsided resolution also happens to make the most objective sense. Indeed, it is telling that the agents’ partisans vent mainly about immigration policy and prosecutorial overreach; they don’t dare dwell on the agents’ disgraceful performance on February 17, 2005.

It was about 1:00 that afternoon when Agent Compean observed Aldrete-Davila driving suspiciously along a levee road toward tiny Fabens, Texas, in a van later found to be carrying 743 pounds of marijuana. Compean radioed for help. Agent Ramos heard the call and headed to Fabens, where he anticipated intercepting the van.

Aldrete-Davila soon realized he was being pursued by Ramos and another agent. Unable to shake them, he abandoned the van and made a dash for the Rio Grande border. Compean, however, was lying in wait across the levee.

What happened next is disputed. Compean now says there was a struggle, causing him to fire although Aldrete-Davila eluded him. Ramos contends that while in pursuit, he heard shots; saw his fellow officer, Compean, down on the ground; kept chasing Aldrete-Davila; and finally fired at him because, through thick dust, he thought he saw something shiny in the smuggler’s hand that, he surmised, must have been a gun.

This is the Official Truth according to the agents’ partisans. It is also the one rejected by the jurors who heard the whole case — including the parts about which the partisans are now tongue-tied.

GRATUITOUS BRUTALITY The preponderance of the evidence established that Aldrete-Davila was unarmed. Besides Compean and Ramos, there were several other agents on the scene. None of them believed Aldrete-Davila posed a threat to their safety; none, other than the two defendants drew their weapons; and Compean and Ramos neither took cover nor alerted their fellow agents to do so.

More to the point, Compean admitted to investigators early on that the smuggler had raised his hands, palms open, in an attempt to surrender. This jibed not only with Aldrete-Davila’s account but with that of another Border Patrol agent. Compean opted not to take surrender, not to place the smuggler under arrest so he could be prosecuted.

On that score, for those over-heatedly analogizing the border to a battlefield, it is worth noting that even under the law of war, quarter must be given when it is sought. Compean, to the contrary, tried to strike Aldrete-Davila with the butt of his shotgun. But it turns out the agent was as hapless as he was malevolent. In the assault, he succeeded only in losing his own balance. The smuggler, naturally, took off again, whereupon Compean unleashed an incompetent fuselage — missing Aldrete-Davila with all fourteen shots.

It was only after the surrender attempt that Ramos opened fire as the unarmed smuggler neared the border. Defending his decision to bring the case, U.S. attorney Sutton later explained: “Border Patrol training allows for the use of deadly force when an agent reasonably fears imminent bodily injury or death. An agent is not permitted to shoot an unarmed suspect who is running away.” The fact that Aldrete-Davila was a drug-dealer — something the agents may have suspected but had not yet confirmed at the time they were shooting at him — did not justify the responsive use of potentially deadly force under standard law-enforcement rules of engagement.

Cops are peace officers; absent life-and-death exigencies, they are not judge, jury and executioner. Not in big cities like New York. Not in rural middle America. And not on the border. As Sutton put it when I spoke with him, a big part of what separates us from many countries in the world is that “in America, the cops are the good guys.”

Compean and Ramos are bad guys. Once Aldrete-Davila was down from Ramos’s shot to the backside, they decided, for a second time, not to grab him so he could face justice for his crimes. As they well knew, an arrest at that point — after 15 shots at a fleeing, unarmed man who had tried to surrender — would have shone a spotlight on their performance. So instead, they exacerbated the already shameful display.

Instead of arresting the wounded smuggler, they put their guns away and left him behind. But not before trying to conceal the improper discharge of their firearms. Compean picked up and hid his shell-casings rather than leaving the scene intact for investigators. Both agents filed false reports, failing to record the firing of their weapons though they were well aware of regulations requiring that they do so. Because the “heroes” put covering their tracks ahead of doing their duty, Aldrete-Davila was eventually able to limp off to a waiting car and escape into Mexico.

BAD FACTS AND BAD LAW Myopic border-enforcement activists seem unconcerned about any of these facts — for them, much like anti-death penalty obsessives, the cause is a higher calling. Concededly, though, this case rankles ordinary Americans, too. That’s understandable given the severity, the equities, and the potential ramifications of the punishment.

There is broad recognition that bad agents should be weeded out of any police force. Compean and Ramos, however, have not just been terminated; they were socked with sentences of twelve and eleven years, respectively. This, in connection with an incident that arose out of a job which — their appalling conduct aside — is undeniably dangerous; an incident instigated by a drug dealer who was not prosecuted for crimes worth at least as much jail time as the agents received — an illegal alien felon who may end up with a big cash windfall premised on the absurdity that his purported American “civil rights” were violated. As a matter of policy, moreover, the effectiveness of honest Border Patrol agents could be compromised if they come to believe the kind of energetic policing we need may be met by prosecution — rendering them and the rest of us more vulnerable.

There are answers to all these concerns, but they are not particularly satisfying. The truism that bad facts make bad law was never more true — and these facts are ugly.

For starters, should these guys really have been prosecuted at all? Wouldn’t it have been enough just to fire them? If the agents had only acted dishonestly, you might say that. But the behavior here was egregious and could easily have resulted in murder. That’s unacceptable under circumstances where the agents were in no danger and the unarmed man they shot was running away after trying to surrender. But leaving the inexcusable comportment aside, there are a few things the uninitiated should understand.

Though they work for the public, federal employees, including law-enforcement agents, are permitted to unionize and fight the public every step of the way, no matter how abundantly clear it is that they should be disciplined or terminated for betraying the public’s trust. No federal official more cries out to be fired than one we trust with a gun and a badge who proves himself unfit to bear the attendant responsibilities. Yet, our system arms even them with administrative rights that make termination prohibitively difficult. Moreover, it gives these bad actors powerful incentives not to accept termination without a fight. Because law-enforcement work can be physically stressful and dangerous, agents have very attractive benefits — including retirement after comparatively short careers with a pension based on their highest-income years of service. There is too much at stake to go away quietly.

Criminal conviction is often the only way to cut through the burdensome, uncertain administrative process. Agencies sometimes will not take disciplinary action absent charges. Consequently, if agents don’t agree to resign over outrageous misconduct, the only sure way to get rid of them is to indict and convict them.

Okay, you say. But did the indictment really have to be this severe? After all, the sentences are extremely harsh. Here, the agents have mainly themselves to blame. The government offered them very generous plea deals. Compean and Ramos spurned them. If defendants decline to plead guilty and insist on proceeding to trial, it is standard operating procedure for the Justice Department to bring its best case — which includes charging the offense that carries the highest penalty among all readily provable crimes. Indeed, it is common for the government to insist on the most severe, readily-provable offense even at the plea-negotiation stage — something Sutton’s office did not do.

In this case, that offense was the discharge of a firearm during a crime of violence. This crime carries a mandatory-minimum ten-year jail sentence which must, by statute, be imposed in addition to the sentence of incarceration on any other count of conviction. It is Congress that enacted this law — not the Justice Department. Congress (including some of the members complaining most vociferously about this case) fears that judges will be too soft on several types of crimes, including gun crimes. Rather than trusting them to impose reasonable sentences, it forces their hand. It’s a great racket: if the court ignores the law, Congress goes berserk at the judiciary; if the Justice Department applies the law, congressional ire is directed at the executive branch. Meanwhile, the legislators who foisted this rigid, unforgiving law on us never have to apologize for anything. In any event, Congress carved out no exceptions from this statute for law-enforcement personnel accused of crimes committed in the line of duty.

PROSECUTORIAL DISCRETION Still, it must be asked: Did the Justice Department overreach in charging it? This is a very close call, but I believe it was a reasonable exercise of discretion.

Yes, the government could have contented itself with lesser charges such as obstruction of justice and false statements, offenses that could probably have been proved without testimony from Aldrete-Davila — thus obviating the need to give him use-immunity in exchange for his testimony. But as Sutton points out, the case would not have been nearly as strong without the testimony of the smuggler. He was the only witness in a position to explain the entire transaction and rebut the agents’ perjurious version of events. If it was important to do this case at all, it was important to present that testimony. Otherwise, the agents would have been positioned to portray themselves as decent men doing a tough job who were being unfairly nickled-and-dimed over mere technicalities — and if you don’t think that was a concern for the prosecutor, you haven’t been listening to what conservatives usually strong on law-and-order have been saying about the Scooter Libby case, or what liberals said through years of defending Bill Clinton.

More significant than strategy, Americans need to know that there are not two justice systems: one for corrupt public officials and one for everybody else. Everybody else, especially upon declining a generous plea offer, gets hit with the most serious offense. Treating these agents differently would have been very difficult to justify.

For what it’s worth, I believe the treatment of the smuggler is more disturbing than the sentences imposed on the agents. The agents got more time than they would have without the mandatory minimum, but what they did here patently merited imprisonment. The alien narcotics smuggler, to the contrary, gets off scot-free, plus, thanks to another congressional statute, he can actually sue the United States — and is reportedly seeking $5 million in damages.

That is ludicrous. We can swallow hard and accept the cold reality that the government needed to make a strong case to get rid of bad agents who would otherwise still be on the job — potentially endangering others, including their fellow agents. We can understand, even though we resent, that the only way to obtain the testimony of Aldrete-Davila, who was in Mexico, was to promise that his statements would not be used against him. We can perhaps even abide that the drug dealer was not prosecuted. He was, after all, shot and wounded (albeit while fleeing to escape justice); he could have stayed in Mexico rather than agreeing to return for the trial; and the agents’ misconduct had left the case against him nigh impossible: the government says that none of the agents could make a physical identification based on their fleeting and chaotic interaction with him, that the marijuana-laden van did not yield forensic evidence tying him to it, and therefore that the only way to establish guilt would have been a confession — which the feds had to provide immunity to get.

Yes, all that is infuriating, but we regrettably realize that’s the way things go sometimes. What cannot be countenanced, however, is that an illegal alien’s criminality is not only excused but rewarded — and rewarded based on the fiction that the trespasser has rights under our Constitution.

Generally speaking, an alien acquires American rights progressively as he weaves himself into the fabric of our society. Here, to the contrary, we are talking about a non-American whose every second inside our country was spent both violating our immigration laws and engaging in an international drug conspiracy. Yet, our courts have seen fit to vest such invaders with Fourth Amendment protection.

The theory is more a check on executive excess than a recognition of alien entitlement — we don’t want doors kicked in without warrants or human beings brutalized just because their presence here is unauthorized. Fair enough. But Congress has piled self-flagellation atop this well-intentioned restraint by providing a legal claim for money damages for anyone, including illegal aliens, whose “civil rights” have been denied.

That is simply too much. Congress should stipulate that only aggrieved U.S. citizens and legal aliens have a right to bring such lawsuits. We can firmly address police misconduct without simultaneously encouraging lawlessness. Making our jackpot justice system yet another attraction for illegal immigration is madness.

Finally, the implications of this prosecution for bonafide border enforcement are far from a baseless concern. Nonetheless, two things should allay our fears. First is the very solid record U.S. attorney Sutton’s office has compiled. The Border Patrol has been given great support. Appropriately, its agents have regularly been given the benefit of the doubt due to their dedication, the uphill battle that is their mission, and our desperate national need to stem the tide of illegal immigration. There is no reason to suspect that, in the future, honest, hard-working agents will be targeted for just doing their jobs.

Second, regardless of the fall-out, law enforcement must police itself with integrity. Americans instinctively think of their agents as heroes because they know most of them are. When we find some who demonstrably aren’t, dispensing with them is not an injustice. It’s a defense of honor.

Defending honor can be a wrenching business. That doesn’t make it any less vital.

—Andrew C. McCarthy directs the Center for Law & Counterterrorism at the Foundation for Defense of Democracies.


TOPICS: Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: aliens; andrewmccarthy; border; borderagents; borderpatrol; bordersecurity; bushbotkoolaid; compean; govwatch; immigrantlist; jail; leo; nrobs; pardonamericanheroes; patrol; ramos; truth
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To: FastCoyote
Suspend the two, slap them on the wrist, sure. But they were at least on our side.

If things went down as this article indicates, I don't want them on our side. We need cool, calm, law-abiding border patrol agents, not guys who think they have the right to mete out their own brand of justice.

41 posted on 01/29/2007 10:18:10 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: TChris
This is the first I have read about the agents knowing they had stuck Davila, leaving him lying wounded, and them he some how limping to an awaiting vehicle. I wonder when did he cross the river back into Mexico. This is very difficult to believe.
I am a little overwhelmed by the differing version of events and have basically decided his he said/he said, but there are two he's versus one. Frankly, I really do not buy much of what AUSA or USA Sutton and Davila are selling.
I will also say more a more of what I hear about Judge Cardone disappoints me as I wanted he reelected as a State District Judge.
42 posted on 01/29/2007 10:31:53 AM PST by thinkthenpost
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To: radar101

Yes. Everybody knows that federal prosecuters are worse than terrorists, not to be trusted. /sarc


43 posted on 01/29/2007 10:35:33 AM PST by CharlesWayneCT
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To: thinkthenpost
opps her reelected
44 posted on 01/29/2007 10:36:13 AM PST by thinkthenpost
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To: radar101

Note that this link provides evidence that the drug smuggler would not have been able to keep running after being shot. But instead of accepting the clear implication that Ramos is NOW LYING when he says he had no idea he hit the guy and that the guy kept running, the pro-BP agent folks argue this proves that Ramos didn't shoot the guy at all, but rather he was shot later either by himself or by the drug kingpin mad about losing his drugs.

Oh, but that link ALSO claims that the bullet wound proves that Ramos is telling the truth that the drug smuggler turned toward him in a threatening manner.

Pretty good deal, if you can get it -- the same story both claims the drug dealer was not HIT by the bullet, and that the way the bullet HIT him proves the defense position.

So, the bullet that was NOT shot by Ramos proves that the perp who was shot later in his house was "blading" toward Ramos when he was not shot by Ramos.

This is what passes for logic on the defense side. That and branding every prosecuter a crook, simply because a few democrats we know of are crooks.


45 posted on 01/29/2007 10:39:10 AM PST by CharlesWayneCT
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To: NapkinUser

I'm sorry, I missed what crime you are accusing Sutton of? Being uncomfortable with shooting people for being here illegally?


46 posted on 01/29/2007 10:39:55 AM PST by CharlesWayneCT
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To: DJ Taylor

Which ones, the ones who shot at an unarmed fleeing man, or the ones that testified against them?


47 posted on 01/29/2007 10:41:34 AM PST by CharlesWayneCT
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To: badbass

If your side supports shooting unarmed people in the back simply because you think they are in our country illegally, that isn't a side I want to be on.


48 posted on 01/29/2007 10:42:55 AM PST by CharlesWayneCT
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To: CharlesWayneCT

Border patrol agent acquitted in excessive force case
January 27,2007
Andres R. Martinez
Monitor Staff Writer


BROWNSVILLE — A former U.S. Border Patrol agent was acquitted Friday of using excessive force to arrest an illegal immigrant in a retrial of a 2001 case.

A federal jury said David Sipe was not guilty of using excessive force against Jose Guevarra on April 5, 2000. The case was first tried in front of Judge Ricardo Hinojosa in McAllen’s U.S. District Court in 2001. At the time, a jury found Sipe guilty after a five-day trial.

But while preparing for sentencing in the 2001 case, Sipe’s attorney, Jack Lamar Wolfe, found evidence the U.S. Attorney’s Office had withheld information requested before the trial.

Wolfe cited in a motion for a new trial that prosecutors had not revealed at least four pieces of information:

l A government witness’ criminal background

l Testimony favorable to Sipe by one of his former co-workers

l Additional benefits given to witnesses, like Social Security cards and reimbursements

l Pictures of the victim re-enacting the arrest for investigators

Hinojosa granted the request for a new trial on April 11, 2003.

The U.S. Attorney’s Office appealed the decision to the Fifth Circuit Court of Appeals, which sided with the decision for a new trial on Nov. 19, 2004.

Sipe and Wolfe started preparing for a new trial, but Sipe applied for a change of venue in November last year. The case was subsequently moved to Brownsville’s U.S. District Court.

——

Andres R. Martinez covers courts and general assignments for The Monitor. He can be reached at (956) 683-4434.


49 posted on 01/29/2007 10:43:19 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: NapkinUser

THat rebuttal was hardly the "real facts" and was more of a joke.


50 posted on 01/29/2007 10:45:54 AM PST by CharlesWayneCT
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To: SirLinksalot

This sounds like a repulsive piece of sophistry by one government lawyer in defense of another. McCarthy admits that the encounter was "so chaotic" that the other agents' testimony wasn't adequate to "get" Compean and Ramos, which was clearly Sutton's only priority. In such a high-adrenalin situation, apparently he would rather the agents stopped, held a meeting, and got out their law books, before deciding what to do. Obviously he has no experience of actually fighting crime in the real world.

He also says: "But did the indictment really have to be this severe? After all, the sentences are extremely harsh. Here, the agents have mainly themselves to blame. The government offered them very generous plea deals. Compean and Ramos spurned them."

Just maybe they spurned the deal because they felt they were innocent! This racket of bashing people because they will not cave in is a favorite of prosecutorial bullies.

Juries can be manipulated by prosecutors, so a jury verdict is no guarantee that justice was done. It's quite likely that Sutton was smarter and slicker than the agents' lawyers and the ordinary civilians on the jury. The idea that he was willing and able to pluck a big-time drug smuggler out of corrupt Mexico, solely in order to destroy a couple of agents whose conduct may or may not have been ideal, is frightening.

With the country flooded with drugs and illegal aliens, McCarthy wants us to believe that Sutton is an effective "law and order conservative?" Give me a break.

How about this quote: "Compean unleashed an incompetent fuselage"

Are we to assume that the Border Patrol is equipped with unmanned aircraft? Is that how agent Compean set off a "fuselage" at the smuggler? I suspect that the rest of McCarthy's tirade is just as inaccurate.


51 posted on 01/29/2007 10:47:11 AM PST by hellbender
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To: radar101

See, that's exactly what makes the pro-bp side look like idiots. "Why did all 12 jurors agree?" "Answer: They didn't"

Except they did. They all voted for conviction, on 14 of 15 counts. Unanimous verdicts.

Now later, for some reason known only to the jurors, three of them said they thought they had to vote with the majority (pretty stupid if true, what would the point be of having 12 jurors if 3 of them had to go along with 9 others).

It is likely they didn't know about the mandatory rules, and feel bad about it, and are trying to help change the outcome because they, like most of us, think 11 years is too long in jail for these guys.

But to say "they didn't" when the truth is they did, and only later changed their minds, is both dishonest and misleading.

BTW, did these jurors say that they would have voted not guilty on all 14 counts they voted guilty on, or just the most serious charges? I can't remember, at first the story was different than it was later but I can't remember which story was which anymore, there's been so many different stories -- They shot him, they didn't shoot him, he lied, he wasn't even there, he shot himself, Ramos shot him in a way the proves the guy was turning, the guy surrendered, he didn't, Compean slipped, he was talked in a fight, etc. etc.

Once you've told a lie, it's harder to convince people you are telling the truth. When the latest story you are circulating is your 5th version, you should have trouble getting people to listen to you -- but there are many who really want the BP agents to shoot all the illegals.


52 posted on 01/29/2007 10:51:49 AM PST by CharlesWayneCT
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To: SirLinksalot

It's a good article. But none of this would've happened if the border had been sealed off. It's time to build the fence!


53 posted on 01/29/2007 10:53:37 AM PST by Terpin (Missing: One very clever and insightful tagline. Reward for safe return!)
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To: SirLinksalot

National Review is listening to the load of hooey being perpetrated by overzealous, politically ambitious (and little white lie teller) Sutton. They've just sunk their own credibility with this garbage. They don't know what they are talking about and they miss the big point and the big picture which is that people who smuggle marijuana into our country by the ton DO NOT DESERVE IMMUNITY UNDER ANY CIRCUMSTANCES. I really hope Sutton feels the effects of his willingness to let dopers run free here (with $5 million in taxpayer dollars). I hope his property values fall when these same dopers he let run free in order to prosecute agents move next door to him.


54 posted on 01/29/2007 10:54:31 AM PST by Kitten Festival
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To: SirLinksalot

y


55 posted on 01/29/2007 10:54:37 AM PST by PATRICK HENRY USA
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To: SirLinksalot

Border agents aren't gonna bother to do their jobs with scumbags like sutton around. Why lose your pension or risk going to jail when you can let dopers skate right in with NO CONSEQUENCES WHATSOEVER. Much too easy a choice.


56 posted on 01/29/2007 10:56:21 AM PST by Kitten Festival
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To: CharlesWayneCT

http://gunfinder.net/board/?topic=topic3&msg=375

What About the Jury?

Question: What about the jury? Why did all 12 jurors agree that both Border Patrol officers were guilty?

Three jurors now say THEY DIDN'T WANT TO VOTE GUILTY and are disturbed by the verdict.

Robert Gourley, Claudia Torres, and Edine Woods say they were told the verdict HAD TO BE UNANIMOUS, which was flat-out untrue.

After the trial, at least two jurors gave sworn statements that they had been pressured to render a guilty verdict and did not understand that a hung jury was possible.

In addition, some jurors allegedly bullied other jurors, intimidating them into changing their votes.

One juror said he thought that 10 years in prison for the agents was excessive punishment. "Had we had the option of a hung jury," he said, "I truly believe the outcome may have been different."

Another said of the jury foreman, "I felt like he knew something about the judge that we did not know. I did not think that Mr. Ramos or Mr. Compean was guilty of the assaults and civil rights violations."

In light of these juror statements, defense attorney Mary Stillinger asked that the verdict be set aside, but the judge oddly, arbitrarily denied the motion.


57 posted on 01/29/2007 10:56:27 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: Msgt USMC

That wasn't "the news", that's the latest rehash of defense information from Jerome Corsi of WND. The testimony in the story this morning is consistant with the claims of the prosecutor, and is being used by the defense to both show that Ramos DIDN'T shoot the guy, AND that Ramos shot the guy in a way that shows the guy was "blading" toward him (only in the wrong direction from the way you'd expect).

The medical evidence was consistant with a man running away while zig-zagging to avoid being shot. The medical evidence also makes it highly unlikely that the guy kept running without pause when he was shot, but rather that he probably fell over and crawled away.

Ramos says the guy just kept running, so he thought he had missed (at least that's what he says NOW). But the medical evidence opposes the view, thus the argument that Ramos didn't hit the guy at all. In THAT story line, the "chain of evidence" was deliberately broken so that government agents could hide the real bullet and substitute a fake bullet shot into a cadaver to make it LOOK like the real bullet -- although in doing so the official court testimony was that the bullet could NOT be tied to the agent's weapon, so whoever did the planting of evidence was incompetent.

But as I said, if you go with the "never hit him" story, then you can't show the guy turned toward Ramos. So in the SAME story where we learn the evidence was faked and Ramos never HIT the guy, we are also told that Ramos DID hit the guy, and the bullet path shows the guy was running away but twisting toward ramos as if he was pointing a gun at him -- showing Ramos was in danger.

See, if you don't care about logic, you can make both those arguments in the same "news story", as if they are consistant. In the real world, you can't argue that the bullet that never hit the guy penetrated him in a way that shows he was pointing a gun at you.

BTW, try this experiment. Run a few steps, and then "turn while running away" as if you are going to shoot at someone. Chances are, if you are right-handed you are going to twist your left shoulder back, hold your right arm across your body and bend your elbow, and then when you turn your head back you will be able to easily sight your weapon for a shot.

Which is exactly the way the "evidence" shows the drug smuggler turning. Except he was left-handed, and they are arguing that you would in fact turn your left shoulder and stick your arm straight back at an awkward angle if you wanted to point at someone. Which I guess you could do, but it doesn't seem natural to me.

Of course, what really doesn't seem natural is that the drug smuggler pulled a gun and TWICE pointed it backwards, but never pulled the trigger.


58 posted on 01/29/2007 11:00:52 AM PST by CharlesWayneCT
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To: radar101

Oh, I'm sorry. I thought the "new evidence" applied to this case and this prosecuter, not some case from 6 years ago involving a different agent.

My bad. I haven't followed THAT case.


59 posted on 01/29/2007 11:03:16 AM PST by CharlesWayneCT
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To: Kitten Festival

In sutton's view, the doper is the hero. I just hope the doper moves in next door to him, what with all the five million in taxpayer money sutton's getting for him. sutton loves dopers and knows for a fact that that point of view is politically untenable. that is why he's started with this spin control crap, something that both national review and wsj have bit on. wsj used sutton's exact spin, lying that the agents shot the dirtbag 'in the back.' They used sutton's exact spin words to maximize the psychological effect instead of saying 'in the butt' which is the truth of what happened. Now they are all claiming that border patrol agents are with them. They are lying on that too, the dirty rotten skunks. i just hope sutton gets the dope dealer he deserves moving in next to him.


60 posted on 01/29/2007 11:03:21 AM PST by Kitten Festival
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