Posted on 11/15/2007 6:16:46 PM PST by Perchant
Osvaldo Aldrete-Davila, the drug smuggler who testified for the prosecution during the trials for Border Patrol Agents Ignacio Ramos and Jose Compean, has been arrested on charges of bringing more than 750 pounds of marijuana into the United States.
Aldrete-Davila was arrested today at the El Paso border crossing on charges involving what has become know as the "second load," in which he smuggled a second 750-pound load of marijuana into the U.S. after he was given immunity by the prosecutor, U.S. Attorney Johnny Sutton, for the first load.
(Excerpt) Read more at wnd.com ...
I sent it as breaking news. Never started a thread before so I probably screwed up. I did run a couple words together so I’m not surprised they would remove it. One of the other threads should be breaking news though, imo.
I’m wondering now about those conversations in the transcript about Kanof’s “hybrid” immunity and then taking the fifth—all while keeping that info from the jury. Now that he has been indicted, I’m wondering how it all plays against the appeal argument that I thought was pretty compelling. I hope this doesn’t derail the appeal in some way. I remember Bottsford testifying that he had seen all the documents in the file—I sure hope he had enough info on this one so that he is not undermined.
I’m forgetting the details to try to process all the information, LOL.
That can't be! Sutton's boy Chuckie assures us that Sutton was busily building a case all along.
Sutton was an alter boy...LOL
The place he dropped of the drugs was known to be a way-point. It seems likely that there are OTHER drug cases which are being prosecuted based on evidence from the guy who ran the house, and who pled guilty and frankly got a pretty decent deal out of it — I presume for testimony he is giving in other cases.
I also presume that the guy would have been in some degree of danger if he knew the names of enough of the players.
Since there is NO reason for Sutton to have NOT wanted to prosecute the guy, I see no reason to believe he did NOT pursue the case only because of pressure. It is as likely that all the leaks and pressure extended the time needed.
Note that the smuggler was arrested at the border crossing. Why was the smuggler at the crossing? If he had any clue he was going to be arrested, he wouldn’t have shown up at the crossing. THAT is an interesting part of the story — what brought him to that crossing.
There’s a hint here that he was “still smuggling”, maybe that he had drugs at the crossing, but ths story gives no indication of that.
I’ve always expected that if they had the evidence for the 2nd bust, they would bring charges eventually. I thought that they weren’t pursuing charges, and therefore that there wasn’t enough evidence.
I did think it had been a long time as well, but I attributed that “long time” to there not being a case, not (as it appears) that they were building a case. But I knew that was a possibility.
This is one of those cases where the evidence provided publicly wasn’t sufficient to know what was happening, but for which those who had a certain opinion of the case were right.
Congratulations to those who were correct, and let’s hope the case is strong and he goes to prison. The drug smuggler, not the sworn officer of the court.
I’ve always said that I hoped we found a way to prosecute the drug smuggler. My view on that had nothing to do with my belief that the prosecution of the two agents was reasonable, and the jury conclusion defensible, even though I disagreed with the number of charges and long sentences.
I argued that there was insufficient evidence to prove he was involved in the 2nd smuggling. Obviously I was wrong, and they have obtained an indictment.
I don’t see why Sutton should be criticized for indicting a drug smuggler that we all wanted indicted.
And my opinion is that this won’t effect the appeal, but my opinion doesn’t matter, the court will make an informed judicial opinion. The trial judge ruled that the 2nd bust would be irrelevant, so having further confirmation of the 2nd bust wouldn’t change that ruling, and if it WAS relevant the indictment wouldn’t make it MORE relevant as the indictment did not exist at the time of the trial.
It has been a long while, but I thought I read in the trial transcripts at one point that the prosecution was initialing portraying Davilla as a commercial truck driver who was committing a one time “run” to pay for his mother’s hospital bills. And all the time they knew he was a repeat offender and kept it from the jury. It looks like Sutton is going down the Mike Nifong trail.
I seem to recall some instances where previous crimes cannot be raised at trial, but I would be interested in learning from our lawyer friends if a SUBSEQUENT crime can be kept from the jury. Whether or not it can be, the prosecution knowingly mislead the jury and for that they should be held accountable.
Ramos and Compean should be released for Thanksgiving. But, this injustice goes deep into the DoJ and perhaps higher, so I just pray justice may come to pass in time for the Border Guards to be home for Christmas with their families.
Since Sutton tried to impugn Ramos and Compean by blaming them for his inability to prosecute Davilla, the details of this latest indictment will be very interesting to read. Especially if it turns out he knew Davilla could/would be indicted while he was blaming the Agents for messing up that possibility.
You are talking about the stash house operator Cipriano Ortiz. What are the details of the plea deal? You seem to be privy to information that hasn't been released yet.
Since there is NO reason for Sutton to have NOT wanted to prosecute the guy,
There is all the reason in the world for Sutton not wanting his part in the continued success of this trafficking operation to become known, which it surely would have at trial. It was Sutton's failure to prosecute Davila that allowed him to continue to bring massive amounts of narcotics into the US. It was Sutton's failure to prosecute Cipriano Ortiz for the March 2004 drug bust at Ortiz's residence, a thousand pounds of marijuana, that allowed Ortiz to continue to traffic dmassive amounts of drugs from Mexico into the US for years after that initial failure. He failed to prosecute both of them MULTIPLE TIMES so that they could keep their drug operations open for business. It's at the very least a failure of epic proportions.
Also, the prosecution was attempting to portray Davilla in a way that they knew was incorrect. Again it was his word against the Border Guards. Being able to impeach Davilla’s testimony would have had a big impact on the jury.
Speaking of the jury. I think it is unconscionable for the US Attorney’s office to go to trial and assume they know the facts when they don’t. The jury was no doubt swayed that the US Attorney would not have taken this case if it were not so. Johnny Sutton went around the country speaking as if he knew the truth. He said Davilla surrendered “hands up, palms forward”. I knew then Sutton was lying. Only two people knew the truth: Compean and Davilla. And to Sutton’s disgrace he chose to side with a drug smuggler. And the very description Sutton used was designed to make Davilla appear to be innocent.
The picture of the canal where Davilla supposedly surrendered, hands up, and approached Compean is to my view steep enough and deep enough that one could not ascend it in that manner. It was just one of the early signs along with Sutton’s pat answers and cocky insistence he knew the “truth” that made me look into this case deeply. Possible reporting discrepancies by the agents pale in comparison to the perversion of justice by the US Attorney’s office. And worse, while some doubt might be held about Compean’s actions [BTW: he never injured anyone.] Ramos’s actions were totally defensible. He hears over two dozen shots and comes on the scene and fires at the fleeing illegal. He need not see a gun, he heard one.
It is disgraceful that these two agents received anything more than a reprimand. Monday morning quarterbacking by the many faux lawyers on Free Republic is one thing, but being in the field and risking your life with well armed drug smugglers is another. Split second decisions need to be made, and they cannot all be perfect. But, we should at least support these brave folks who try to keep the bad guys out.
And one can only hope that Johnny Sutton’s cover up of the “House of Death” scandal [a far worse action than that of Ramos and Compean, since several people were murdered and at least one possible American!] will eventually be brought out into the light of day. But, I won’t hold my breath. Sutton can screw up...badly, and hide it under the rug. Lowly Border Agents can err and the mighty Sutton blows it out of all proportion.
One can only hope that what goes around, comes around.
“How does an arrest show he wasn’t still pursuing a case? Doesn’t an arrest show he WAS pursuing a case?”
An arrest 2 years later could also be that he started pursuing the case.
Let me ask you some questions. If you were Ramos or Compean, do you think you should be prosecuted and sent to prison and seperated from your family as the way to get you out of the way of an ongoing investigation? Add to that, do you think that that is ok if the prosecution gives the subject of the ongoing investigation immunity from prosecution while the prosecutor has you arrested, investigated, prosecuted, makes your family spend a huge amount of money for defense, just to get you out of the ongoing investigation against the person who was given immunity to land you in prison?
Keep your eye on the news tomorrow.
The El Paso Times is reporting “Aldrete’s first court appearance will be tomorrow.”
THANKS FOR INFO
Now if there is truly justice that POS will get to share a cell with either Ramos or Compean if they have to stay in jail......
WAKE UP!
This whole process was corrupt from beginning to end. Even a two year old can see this now as Osvaldo Aldrete Davila is now indicted. Despite all of Sutton’s insinuations and lies
Plus it seeems Osvaldo Aldrete Davila has been smuggling many narcotics loads all along
Bush commuted Scooter Libby’s sentence, but he wouldn’t want to do the same for R&C, even for the 10 year sentences that Sutton added. That would be “disrespectful” to both Sutton and the Mexican government. Too bad Bush doesn’t care about US citizens as much he he does citizens of Mexico.
I wonder if Bush will pardon OAD or commute his sentence if convicted.
Your memory is excellent. That is exactly how they painted OAD and the judge would not allow the other drug-smuggling evidence to be discussed in open court to impeach OAD as a witness. It was most definitely relevant, IMO.
Ramos and Compean should be released for Thanksgiving.
The appeal is scheduled for the first week in December. I'll be happy if they get out for Christmas. :-)
That says it all.
Letting HIM rot in solitary confinement would be sweet justice.
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