It's already being appealed. Jurors are claiming fraud.
What type of fraud are the jurors claiming? That someone lied about the sentence that THEY handed down? or that the case shouldn't be appealed?
Lawyer seeks new trial for convicted Border Patrol agents
EL PASO, Texas -- A lawyer for one of two Border Patrol agents convicted of shooting a suspected drug smuggler and then trying to cover it up has filed an appeal based on jurors' claims that they were misled into finding the agents guilty.
Mary Stillinger, a lawyer for former agent Ignacio Ramos, said in a motion filed Tuesday that the jurors' statements should be grounds for a new trial for Ramos and fellow former agent Jose Alonso Compean.
The men are scheduled to be sentenced on Thursday and could face more than 20 years in prison.
The agents, who worked in the Fabens area, were accused of shooting admitted drug smuggler Osvaldo Aldrete Davila, a Mexican national, in the buttocks, and then trying to cover it up.
In March, they were convicted of assault with a deadly weapon, obstruction of justice, a civil rights violation and other felonies. They were both acquitted of assault with attempt to commit murder.
Stillinger's motion included sworn affidavits from three jurors saying they were told by other jurors that the judge would not accept a hung jury.
"Essentially ... they conceded their votes, believing that they did not have the option to stick to their guns and prevent a unanimous verdict," Stillinger wrote in the motion.
It wasn't clear Tuesday whether U.S. District Judge Kathleen Cardone would consider the motion for a new trial before the sentencing. Officials with the U.S. Attorney's Office said they had not reviewed the motion and could not comment on it.
Juror Edine Woods said in an affidavit: "I did not think the defendants were guilty of the assaults and civil rights violations."
Juror Robert Gourley said in an affidavit that he thought the jury foreman was relaying instructions from the judge when the foreman said the judge would not accept a hung jury.
"Had we had the option of a hung jury, I truly believe the outcome may have been different," Gourley said in the affidavit.
Juror Claudia Torres also said in an affidavit that she was told by the jury foreman that the judge wouldn't accept a hung jury.
"I felt like he knew something about the judge that we did not know," Torres said in the affidavit. "I did not think that Mr. Ramos or Mr. Compean was guilty of the assaults and civil rights violations."
I certainly hope their lawyer can make the case and that the 3 jurors who said they were intimidated don't wuss out-- again.
I couldn't listen to the wife on John and Ken. It tore me up to hear about the anguish his children are going through.
A truly sad day for us all.