Posted on 08/07/2007 4:49:41 PM PDT by SwinneySwitch
The owner of a "stash" house who allegedly worked with a Mexican drug smuggler shot by Border Patrol agents has struck a deal with federal prosecutors.
Cipriano Ortiz-Hernandez pleaded guilty last week to conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana. Cybercast News Service reported last month that Ortiz-Hernandez owned the stash house where Osvaldo Aldrete-Davila of Mexico made drug shipments in October 2005.
Ortiz-Hernandez' plea agreement comes after members of Congress criticized a federal prosecutor for granting a "humanitarian" pass for Aldrete-Davila to enter and exit the United States unescorted. Aldrete Davila, already given immunity for one drug charge, reportedly smuggled more marijuana into the country to be stored at the home of Cipriano Ortiz-Hernandez.
Terms of Ortiz-Hernandez' plea agreement are sealed. The sentencing hearing is set for Nov. 2.
On Feb. 17, 2005, Aldrete-Davila tried to smuggle more than 700 pounds of marijuana across the Mexican border into Texas. U.S. Border Patrol agents Ignacio Ramos and Jose Compean confronted him, and he was shot in the buttocks while escaping on foot back into Mexico.
Federal prosecutors struck a deal with Aldrete-Davila to testify against the two agents in exchange for immunity from prosecution for the marijuana-smuggling offense.
Aldrete-Davila returned to the United States, received free medical treatment at an Army hospital, and was also given "humanitarian passes," which allowed him to enter and exit the country at will, while receiving medical treatment for the bullet wound. Ramos and Compean were sentenced to 11 and 12 years each in prison.
At investigative hearings held by both the House and Senate last month, Democrats and Republicans criticized U.S. Attorney Johnny Sutton (Western District of Texas) for giving Aldrete-Davila a humanitarian pass, considering his background. Further, members of Congress wanted to know why the jury in the border agents case was not informed of the October load of drugs brought into the United States.
The timing of the plea bargain is "most curious," said Andy Ramirez, chairman of Friends of the Border Patrol, a group advocating for the release of Ramos and Compean. He believes a deal was struck to avoid a trial that would include testimony about Aldrete-Davila's role in the drug conspiracy.
"The whole thing is continued obvious and blatant suppression of evidence," Ramirez told Cybercast News Service. "He's doing all he can to keep Congress from their fact-finding on this case."
Sutton spokeswoman Shana Jones would not talk about specifics of the case. But she said there could be other persons charged in the drug conspiracy. She did not rule out that the plea agreement might be in exchange for turning over other members of the drug ring.
"If terms aren't public, I wouldn't be in a position to comment on what cooperation he (Ortiz-Hernandez) might be giving the government," Jones told Cybercast News Service. "Often times people plea in exchange for information they provide to the government about other criminal activity."
Jones said the crime could carry a penalty of ten years or more in prison.
When Ramos and Compean were tried, their defense attorneys attempted to have a second drug offense by Aldrete-Davila introduced as evidence. But Judge Cardone ruled it was not relevant to the case.
Sutton has said, "I would like nothing more than to have a prosecutable case against Aldrete - one based on competent, admissible evidence."
According to documents from the Drug Enforcement Administration, dated October and November 2005, Ortiz-Hernandez and another Texas man, Armando Vasquez, were arrested in connection with the marijuana case. But Aldrete-Davila has yet to be charged with any offense.
DEA documents appear to positively identify Aldrete-Davila as a player in the drug smuggling operation at Ortiz-Hernandez's home. In the documents, Ortiz-Hernandez describes Aldrete-Davila as having a colostomy bag. It was known that he wore a colostomy bag as a result of the injuries from the shooting in 2005.
"This van contained approximately 6 bundles of marijuana," the DEA documents read. "The total weight of the marijuana seized by the DEA on 10-23-2005 from the van and the residence was 752.8 pounds."
At another point in the documents, Ortiz-Hernandez's brother tells DEA agents that they "should know Davila's identity because he is the person who was shot by Border Patrol agents about six months ago."
During the Senate hearing, Sen. Diane Feinstein asked Sutton if it was wise to give a pass to a known drug dealer.
Sutton responded, "If he ran another load of dope, it was a mistake [to give him the pass]. If he did not run another load of dope, it wasn't."
As I understand it, the Agents Supervisor appeared at the scene - therefor the matter WAS reported; no one stated that the van with a ton of MJ disappeared, therefor the van was accounted for and a report had to be made.
What kind of trial did these two agents get? Sutton was a PERSONAL friend of Herr BUSH for over 10 years. Sounds like the judge was a buddy too. RELEASE THE POLITICAL PRISONERS NOW!
Unfortunately the rumor is true. The US Government did settle out of court and (coincidently) the amount and details are sealed. I suppose this was a payoff to keep Davila quiet and sealed to prevent outrage if the public learned that we are paying drug smuggler’s to help a corrupt US attorney prosecute border patrol agents who in the course of doing their job to protect our borders raise the ire of the Mexican consulate. Maybe the Mexican consulate and the cartels and the western district are bedfellows?
ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
Any links?
It certainly seems liken the WOD is being intentionally lost by lack of border control.
JUSTICE = TRAVESTY nowdays!
[I couldn’t find a gif of that ! Lol]
OVD testified that he knew was "muling" drugs at the time of the shoot. Everyone knew it, including the jury. The evidence of the second load was a statement from another drug smuggler...no other evidence, no fingerprints, no video, no corroborating statements form others. I'm amazed at how some will reject OVD testimony because he was an "illegal alien drug smuggler" yet accept non trial "arrest" statements from another drug smuggler at face value, because only it furthers their agenda.
Your slips are showing, you can't have it both ways.
"As I understand it, the Agents Supervisor appeared at the scene - therefor the matter WAS reported; no one stated that the van with a ton of MJ disappeared, therefor the van was accounted for and a report had to be made."
The report that wasn't made was the report of a discharge of weapons by Ramos and Compean. When asked, they said nothing happened...that was right after they picked up their shell casings and threw them in the drainage ditch.
Well isn't that special? Looks like Davila and his entire family are Americans now. If Davila snitched on his cartel he'd be dead within hours from just the implication made by Sutton's office here.
More likely is that the Bush people have been in talks with the Juarez drug cartel ( Mexican government ) to allow them to bust someone who is loosely involved with the cartel so that they can say Davila provided the information. That person might be Margarita Crispin, the border inspector they hauled in last week. The government took possession of the van after the October bust and knew when Davila crossed into the US with it so they would have simply checked which border inspector let Davila's van in. It was a van crammed full of marijuana, no way to conceal the drugs from an inspector and Davila wouldn't have risked it unless he knew the inspector wasn't going to bust him.
I thought you were shopping, lol
Excellent!!!
I do too.
As I understand it, the Agents Supervisor appeared at the scene - therefor the matter WAS reported;
ping
LMBO!
BTTT
Do I know who made the report? No. But when the Supervisor shows up at the scene and sees a van full of MJ, I make a giant leap of faith that the Supervisor said, “Where did this sh.. come from” and got an answer from those at the scene, hopefully Ramos and Campeon. In essence, failure to file a written report is an ADMINISTRATIVE offense not a criminal offense. A report, verbal or written is a report.
... I make a giant leap of faith....
In essence, failure to file a written report is an ADMINISTRATIVE offense not a criminal offense. A report, verbal or written is a report.
Can't say I'm surprised. But it is worth noting that Sutton was on the Laura Ingraham show a few weeks ago and certainly managed to leave the impression that the case had not been settled. When asked about it he said "Over my dead body is this dirtbag going to get 5 million dollars."
Nice front Johnny, but it is not customary for DAs to arrange pass after pass for illegals who they consider dirtbags. He obviously had no problem seeing Davila as a victim deserving of all sorts of goodies.
This is just one of many Suttonisms that makes me suspect that this guy is a member of the Fitzie/Nifong club.
A few other "minor" points: During the trial, the second load incident was a forbidden topic because they were claiming it was still under investigation, even though it should have been thoroughly investigated in those interim months.
It’s coming up on two years now since that second load incident and Sutton is still claiming that it’s under investigation. Conveniently, the longest investigation of its type ever seen.
It should also be noted that Border Patrol Agent Arturo Vasquez, who testified at trial that at Campeon’s request he went back, picked up and threw away the five shells that Campeon had not already picked up, requested and was also given immunity before he testified. [Vasquez testimony, Page 6, Lines 7-20] WAS HE THREATENED WITH PROSECUTION AS WELL - most likely.
... and Border Patrol agent Oscar Juarez, the third agent at the scene, who testified that Agent Campean began shooting while he was still on the levee, not down in the vega after a scuffle, was also given immunity to testify. [Trial Testimony, Vol 9, page 4]
However, the ULTIMATE QUESTION IS: Do you believe the ultimate question was whether Aldrete-Davila had a gun? I do. I think the issue was whether, in shooting at Aldrete-Davila, Ramos and Compean reasonably believed Aldrete-Davila had a gun or reasonably believed that he otherwise posed a threat to them.
Agents Campeon and Ramos had a reasonable belief of gun or other threat, they had the right to use deadly force. That’s the legal standard, not if he actually had a gun or not.
Sorry, but the lack of time necessitated securing some of the points from others. When you come back with some BS, I'll refute that too.
Sorry you don’t like trial testimony but it is what it is and what the jury had to make their decision upon. Nothing new about people getting immunity for testimony... Happens in many trials where criminals are involved...
The rock murder charge against the agent isn’t a Fed action but rather the State of Arizona.
If you are interested here are the trial transcripts and is the evidence the jury heard, like it or not.
http://www.freerepublic.com/focus/f-news/1854456/posts?page=53#53
All said they didn’t report the shoot and tried to cover up it up.
Even if I agreed with your belief that the conviction was appropriate, I and the Congress believe that the charge under Title 18 USC Sec. 924(c)(1)(a) was erroneous. The Sec. requires requires a harsh sentence for using or carrying a firearm in the commission of a crime of violence. There was no related crime of violence, they were enforcing the law, which until now was not a crime. There was no premeditation of the acts. The situation arose.
In my prior statements, you may have wondered why were there 5 expended shells to pick up. Very simply, in a fire fight, the LEO often discharges his (Libs HIS includes HER) weapon in a manner in which he was trained, and / or empties a weapon in a matter of seconds because of the tense situation. I also did not go into the tunnel vision that enters into a situation when there are other shots being fired (either by friend or foe) etc. However, ALL bear on what the charge should have been if warranted.
Almost everyone agrees that the sentence was too harsh. Sutton deliberately used the wrong statute to obtain this sentence. Sutton is noted for his creative use of the law, so why in this case? Were the BPs arch criminals?
Sutton's friendship with Bush*, recommended prosecution in other cases etc. demonstrates malicious prosecution in my opinion. *Why didn't Sutton (any relation to Willie the Actor?) recuse himself based on Bush's pro illegal position? Why is Sutton the only prosecutor in the office to have brought such charges against BP agents and continues to do so?
Here is a good news article on the subject:
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=56719
The hearing will begin at 2 p.m., is open to the public, and will explore the Mexican government’s role in the prosecution of the two border agents currently serving 11 and 12 year prison sentences.
Unfortunately, U.S. Attorney Johnny Sutton has refused to testify at the hearing..."
Says it all IMHO! http://www.firesociety.com/blog/107/16154/Sutton-refuses-to-testify-at-hearings/;jsessionid=B0CAAA25B95D420825012B82FD21A8AC
Ramirez, Campeon, Ramos... clearly these are all xenophobic white supremacists who just hate all Hispanic people, like President Bush and Lindsey Graham said.
I think the conviction under that statue is wrong. Had Congress in their infinite wisdom didn’t want Federal agents or others not prosecuted under the law as they passed then they should have placed exclusion in the statute. They didn’t so they have to accept some of the blame although I don’t see them rushing to amend the statute.
That said the prosecution made the case, the jury heard the evidence and convicted. The judge sentenced in accordance with the law as Congress enacted and miminized the other sentencing on the other convictions.
Our system of justice provides for an appellate process and that is where this case is today. It should play out and maybe the convictions on those counts can be remanded or overturned. We’ll see.
Our system of justice provides for an appellate process and that is where this case is today. It should play out and maybe the convictions on those counts can be remanded or overturned. We’ll see.
I HOPE! At last we are on the same page. Congress usually passes laws with unintended problems. The need to do so is outlined in their “Lawyers Full Employment Act.”
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