Posted on 01/15/2007 10:42:39 AM PST by Mount Athos
"If it can happen to them, it can happen to any one of us. It has definitely had an adverse affect on agents involved in border security." -Mark Parsons, President, Fraternal Order of Police in El Paso, Texas, Customs and Border Protection agent
By now, everyone in North America, and especially certain Mexicans are familiar with the case of two former Border Patrol agents convicted of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm and violating the civil rights of a drug smuggler and illegal alien at the U.S. - Mexican border. Absent of a successful appeal or a presidential pardon, former agents Jose Alonso Compean and Ignacio Ramos will begin serving their 10-year-plus sentences in federal court this Wednesday.
[...]
Mr. Parsons stated that the aggressive prosecution, replete irregularities pertaining to the arrest and trial of the two agents, including but not limited to venue issues, restriction of exculpatory testimony and evidence, government corruption and jury misconduct "has made a lot of agents on the front lines 'gun shy' and afraid to do their jobs." He added that "if this can happen to agents Compean and Ramos, it can happen to any one of us." It is also sending a strong message to illegal aliens, drug smugglers, and potential terrorists illegally crossing the border into the U.S. everyday. Those involved in illegal border activities see this as a victory for them, endangers the safety and welfare of the officers on the front lines and compromises the safety and security of every man, woman and child in the U.S.
"Morale? What morale? It is as bad as I have ever seen it," stated Mr. Parsons describing the mood of agents fighting the battle at the border.
(Excerpt) Read more at canadafreepress.com ...
They said yes and the only other witness there was the perp.
So we go to motive, since all involved are Hispanic it appears race was not an issue.
Since the agents have made thousands of arrests before and watched countless aliens escape back across the Rio Grande and never felt the need to use deadly force it begs the question why, all of the sudden would they open fire on this guy.
It makes no sense on any level.
Granted not reporting the shooting was felony stupid but since they believed that they missed the perp I understand why they figured it was better to just pick up their brass and call it a day. No harm no foul they figured, again felony stupid.
If they had followed procedure and reported the incident none of this would have happened. Gunfire is a daily occurrence on the border.
I do believe the prosecutor stacked the charges in an effort to get them to plead out.
I don’t think Bush should pardon them as I don’t think they are guilty of a criminal act, administrative violations yes, criminal no.
I think the best outcome at this point would be to pressure the administration and Justice Department to expedite an appeal, which I believe they will win. If they receive a new trial I predict a new prosecutor will offer a greatly reduced plea barging (time served) and these guys can get back to their families and lives in other than a law enforcement career.
All they had to do was submit a Discharge of Weapon Report, or what ever they call it in the Federal system.
But something came up.
Exactly what, I don't know. I'm thinking they found something in the vehicle which showed this particular smuggler was working for an approved operation.
At that point they became like my dogs when I catch them digging in the flower beds. They close their eyes and hope I'll go away. In this case, they recovered their shell casings and denied involvement.
Here's a couple of things to consider: (a) Whoever the smuggler is working still trusts him and he wasn't killed by his boss. That's the standard SOP when there is contact between Federal Investigators and mules. Why trust the guy when he can be disposed of for less than fifty bucks? Lord knows there is a thousand guys willing to take his place.
(b) How does the the jeffe of the gang know the investigator is focusing solely on the BP guy's misconduct? The mere fact that the smuggler was entrusted with a second load is a major clue that he is still in good standing with the boss.
(c) Why was a Federal Swat team sent in to serve the warrants on the BP guys? The SOP in cases like this is the AUS calls the BP guy's lawyer and there is a surrender at the nearest federal jail.
That's a Major Clue to us who know how the system operates. The folks who run this nation are hardly Ozzie and Harriett.
I think (at this point) the BP folks realized they had stepped into someone's private turf and thought it better to take their chances with a jury, rather enraging a Mexican Crime Lord who is connected.
I did consider the possibility that Compean, after falling or being pushed to the ground, simply freaked out . . . and that a good portion of the resulting mess is a result of that, and the two partners covering for each other out of loyalty. I'd really like to get my hands on the court documents.
"If they receive a new trial I predict a new prosecutor will offer a greatly reduced plea barging (time served) and these guys can get back to their families and lives in other than a law enforcement career."
I want them back on the border.
Yes I found several links but my 'cut and paster' for some reason won't transfer. But if you Google the gentle men's names, I'm sure you will find others.
He sure seems to be in no hurry to do it. I had hoped they would have been pardoned for Christmas. But no.
If it were the Clinton administration perpetrating this outrage, at least the Republicans in Congress would be screaming about it, and winning votes because of it.
You are not getting my point. I can't find any reference to a second load of marijuana from a reputable source. Telling me to look again is meaningless.
The second time the smuggler was caught is talked about here by Rep. Royce (R). I've seen it mentioned by other congressmen.
Saturday, January 13, 2007
Congressman Royce Issues Statement on Border Agent Appeal
Washington, Jan 11 - Congressman Ed Royce (R-CA) issued the following statement calling on the Attorney General to allow Border Agents to remain free on bond pending appeal
“The government and the US Attorney have elected to support a criminal - in this country illegally - over the men and women who protect our society from drugs."
Two family members of drug smuggler, Aldrete-Davila, interviewed by the Daily Bulletin in El Paso, said Aldrete-Davila has been smuggling drugs since he was 14 and "wouldn't move drugs unless he had a gun on him."
The family member, who insisted on anonymity, added that Aldrete-Davila has "been bragging about the money he's going to get in a lawsuit every time we talk to him - but now he's nervous."
"Aldrete-Davila is suing the U.S. Border Patrol for $5 million for violating his civil rights. Meanwhile, the families of both agents are struggling under the financial and emotional strain of impending lengthy prison terms."
"The drug smuggler, who was granted immunity to testify against the two agents, has subsequently been apprehended again, with an even larger cache of drugs. I find this simply astonishing."
"Several glaring discrepancies in the government’s case and the handling of the jury, raise serious questions whether justice has been served. Permitting these men to be incarcerated in the interim will put their lives at risk."
”This is yet another example of how some in government are more concerned about the welfare and rights of illegals and drug dealers than they are about America and the brave Americans that protect this country.”
http://ramos-compean.blogspot.com/
and here,
http://www.royce.house.gov/
WIAN: Sutton says he had no evidence to substantiate reports Aldrete Davila was caught smuggling drugs into the United States a second time after his confrontation with agents Ramos and Compean.
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"Now if they had killed Moozlims instead........"
The exact same thing would've happened.
Only to those not familiar with the court system in the United States.
Check out the latest outrage:
http://www.freerepublic.com/focus/f-news/1768230/posts
"Only to those not familiar with the court system in the United States."
The prosecutor is a lawyer. What he claims is not necessarily the truth any more than the claim of a defense attorney is the truth. If you understood the court system in the United States, you'd realize that.
Unless you are of the opinion that the government in a court case is always right. Do you believe that? If so, why bother with a trial?
>Only to those not familiar with the court system in the United States.
Here's from Frontpage Magazine :
http://www.frontpagemag.com/Articles/ReadArticle.asp? ID=26224
To sweeten the immunity deal, the feds paid for Osbaldo Aldrete-Davila’s medical treatment of his ailing backside – a taxpayer-funded recuperation at William Beaumont Army Medical Center in El Paso, Texas. He showed his gratitude by breaking his immunity agreement in October 2005, when officers say he attempted to smuggle 1,000 pounds of marijuana into America. The prosecution further extended its immunity to this felony and sealed the indictment from jurors. Aldrete-Davila repaid this new shower of grace by suing the federal government for $5 million, alleging the shooting violated his civil rights. However, he agreed to help in their criminal prosecution, as well, and the feds are apparently happy to collaborate with the pusher as long as he helped put effective lawmen behind bars.
Because there is a sealed indictment as part of the extension of his immunity deal with the U.S. Attorney's Office (which covers this second transgression), and as such was withheld from Court/Jurors, Sutton can technically claim that there is no "evidence" of a second incident of smuggling on Aldrete-Davila's part.
Sutton's parsing of terms is just another disingenuous example of legalese.
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You gave me lawyer double speak as I thought you would. The sentencing guidelines are the problem in this case. The punishment does not fit the crime. By your way of thinking, no Border Agent should have a gun since they can't use it. In the heat of the moment, I want them to error on the side of protecting the country, not some drug dealer's behind.
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