Posted on 12/03/2007 9:08:35 AM PST by calcowgirl
NEW ORLEANS — Federal prosecutors may have overreacted in their case against two Border Patrol agents who were sentenced to lengthy prison terms after they were convicting of shooting a fleeing drug suspect and hiding evidence of the incident, an appeals court judge said Monday.
"It does seem to me that the government overreacted here," said Judge E. Grady Jolly, one of three judges of the 5th U.S. Circuit Court of Appeals hearing the case of Ignacio Ramos and Jose Alonso Compean.
A federal jury in Texas convicted the agents of assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila on the Texas border near El Paso in 2005. A federal judge sentenced Compan to 12 years in prison and Ramos to 11 years.
There was no indication when the judges would rule in the appeal, but Compean's lawyer, Bob Baskett, said he was encouraged by Jolly's comments.
"They certainly were aware of the signficant issues in the case," Baskett said after Monday's hearing.
Ramos' attorney, David Botsford, said he didn't read anything into the judges' remarks.
"The court is going to follow the law," he said outside the New Orleans courthouse.
Assistant U.S. Attorney Mark Stelmach declined to comment after the hearing.
Jolly, during questioning of Stelmach, said that if the agents had reported the shooting as required, "this prosecution never would have occurred, in all likelihood."
"For some reason, this one got out of hand, it seems to me," Jolly added.
The convictions of Ramos and Compean caused a national firestorm among conservative lawmakers and others. Critics have repeatedly called the prosecution unjustified and the sentences extreme.
Aldrete survived the shooting. He was arrested in November following an October indictment on various drug charges.
RAMOS/COMPEAN Ping
Please freepmail me if you want on or off this list.
Regarding headline: Ya think?
And this upstanding non citizen was the witness. The world has been turned upside down..
Does the judge also think the Sudanese muzzies overreacted to the teddybear’s name?
Memo to the judge: it’s not “overreaction”, you schmuck. It’s a complete and total miscarriage of justice.
ping
This is good news. Thanks for posting.
Here’s the panel—do you know anything about these guys?
JUDGES E. GRADY JOLLY, PATRICK E. HIGGINBOTHAM AND EDWARD C. PRADO
Not “may have overreact” but actually framed innocent BP agents.
Ya think? The slime that ‘got shot in the buttocks’ is in jail now too.....
Yeah, after one of the poor guys ‘accidentally’ got placed in the general populations where a group of wonderful, disadvantaged minority inmates proceeded to beat the guy nearly to death.
Sorry ‘bout that. No hard-feelings, eh?
Ok, do did Ramos and Compean properly report the shooting or not? One would think that after all this time, we’d know one way or the other.
I’d like to know too
The ASSISTANT U.S. Attorney???????? Where is that little, lying, weasel-faced, gutless pissant, Johnny Sutton, the US Attorney who perpetrated this criminal outrage.?? [A 'close friend' of our fearless leader, let us recall.] Hiding under his desk, wanking away. Sutton makes Mike Nifong look like a paragon of virtue.
Subornation of perjury is an “overreaction?” I thought that it was a crime. Then they are talking about government lawyers who were acting at the behest of the president and attorney general. Who will prosecute the prosecutors?
“during questioning of Stelmach, said that if the agents had reported the shooting as required, “this prosecution never would have occurred, in all likelihood.””
It was reported verbally and their supervisors were on sight. The only failure was to follow up with the paperwork.
Please add me to the list.
Thanks!
All three judges were appointed to the 5th Circuit by President Reagan. When Robert Bork’s nomination to the Supreme Court was blocked, Judge Higginbotham was the leading candidate to be appointed and had the support of Southern senators, but the usual lib crowd came out to attack him, so the nomination ultimately went to Kennedy. We would be a lot better off had Higginbotham made it.
This is a real good panel for the defendants to draw.
Texas 2 ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
Just before the end of his show today, Glenn Beck had a woman on who had witnessed the hearing. She said she wasn’t a lawyer, but seemed well-versed in legalese (I missed her name, but she seemed to know him and called in specifically to give a report).
She said Sutton was in attendance, but extremely low profile, among the spectators like her. She said immediately upon conclusion of the hearing, he was gone like a shot and avoided any press contact completely. What a change, considering the man couldn’t get on enough talk shows a few months ago.
From her perspective, it didn’t go well for the prosecutor’s office. I think she said they were “read the riot act.” The panel also sharply questioned their use of statute to convict, and all but got them to admit that had the agents reported the shooting by the book initially, they wouldn’t have been prosecuted in the first place.
(Now wait a minute - they weren’t convicted of covering it up, but of the actual shooting, so what, was the prosecution PUNISHING them with the charges they ended up with? That admission alone should get the whole thing thrown out.)
Tomorrow Glenn is going to devote an entire hour (not sure which) to recounting the entire story.
That’s my understanding too. Worthy AT MOST of a reprimand.
I will try to catch Glenn Beck’s show.
Now release them while they come to their decision - I understand the response may not come for 60 days. Let me be at home with their families at Christmas.
Oh, and put Johnny Sutton in prison in their place over the holidays.
Have to listen to Glen Beck tomorrow. Release these guys for Christmas!!
Thanks for the input.
Done!
Bump to your post!
Very informative. Thanks!
We don’t have a system for justice anymore. Today we live under a legal system.
It’s a good time to remember the words of the judge that turned over another case very similar to this one.
Verdict Reversal for Ex-Border Patrol Agent
Jan. 28, 2007
David Sipe is a once convicted criminal who can honestly say he “didn’t do it.”
“Relief. Relief. After 7 years, it’s gone. It’s over.”
The ex-border patrol agent gets a 2001 guilty verdict overturned in his retrial for civil rights violations against a smuggler. The incident dates back to April of 2000 in Penitas. [snip]
http://www.romingerlegal.com/fifthcircuit/opinions/03-40657-CR0.wpd.html
In an oral ruling from the bench, he noted that in his twenty plus years on the bench, he had never granted a Rule 33 motion. He explained: I don’t . . . make this decision lightly. It is the Court’s view that in the interest of justice, [Sipe’s motion for a new trial] should be granted. And also there is a reasonable probability that had the evidence been disclosed to the Defense, the result of the proceeding would have been different
YES! and isn't it interesting that this Judges name fits the season "Jolly"..
Maybe it's a good sign :)
sw
Thanks for your report.
from your keyboard to God’s ear.
This is a travesty and the sooner they’re released the better.
What is Johnny Sutton thinking? Bet the news media is trying to reach him for interviews.
Do ya think so Judge? Do ya...huh???? Duh!!!!
higgenbothen is a great conservative judge. This aricle underplayed the judges’ hostility to the goverment’s case. The tip off is that Sutton did not argue the case and snuck out of the courthouse and left town. If he thought the case was gonna go well he would have argued it. The account I heard on the radio said the judges ripped the case to shreds and were incredulous about the gun charges and the witness.
Judge Jolly is a very well-respected member of the Fifth Circuit Court of Appeals.
I think it might have been Tara Setmeyer. She is listed as reporting on Ramos/Compean during the third hour of Beck's program today. Unfortunately, you have to be a subscriber to listen to the archived audio. Setmeyer has worked as a spokesman for Rep. Dana Rohrabacher (as well as others). She knows this case inside and out.
I'm guessing that Lou Dobbs may be worth watching today for some first-hand accounts of the court proceedings.
Thanks! I’m hoping for some more follow-up and first hand accounts.
I am, as they say, “cautiously optimistic.” :-)
Thanks CCG. Hopefully this is a sign of good things to come.
“may have”?????
Understatement of the Century!
Good point, and one I try to make often to people. Words mean things.
Any time our legal system produces something in any way similar to "justice", it's an oversight the system will remedy as soon as it can.
is there a transcript of oral args?
Not likely that we’ll see one anytime soon (IMO):
http://www.ca5.uscourts.gov/clerk/frap/frap_body.htm#34.7_5
FIFTH CIRCUIT RULE 34
(snip)
34.7 Recording of Oral Arguments. No cameras, tape recorders, or other equipment designed for the recording or transmission of visual images or sound may be present or used during oral argument. However, with the advance approval of the presiding judge, counsel may arrange, at their own expense, for a qualified court reporter to record and transcribe oral argument. If it is the court reporter’s usual practice, the reporter may make and use a sound recording for the sole purpose of preparing an accurate transcript. The reporter then must immediately destroy or erase the recording without making it available to counsel, a party, or any other person for any purpose. The court records oral argument for its exclusive use and does not make the tapes, or copies or transcripts of the recording available to counsel, the parties, or any other person.
Thank YOU calcowgirl
definitely! call me and remind me.
MAY HAVE????? Excuse me????
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