Transcripts of Trial - Border Agents Compean and Ramos

DOJ - U.S. Attorney's Office (Johnny Sutton) ^ | February 13, 2007

[calcowgirl]

The complete (I think) transcript was filed with the Court on Friday and entered in the Court record yesterday. The DOJ is hosting the transcripts on their website in a series of 18 PDF Files. They range in size from 5 pages to over 300 pages, covering pretrial matters, sentencing, as well as testimony.

The transcripts are linked at the site above, as well as most of the press releases issued by the U.S. Attorney office on this matter.

I am setting up this thread (in chat) as a place for us junkies can comment on the testimony and to post any revelations anyone might find. Have at it!!!!

VOLUME I: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%201.pdf

VOLUME II: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%202.pdf

VOLUME III: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%203.pdf

VOLUME IV: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%204.pdf

VOLUME V: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%205.pdf

VOLUME VI: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%206.pdf

VOLUME VII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%207.pdf

VOLUME VIII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%208.pdf

VOLUME IX: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%209.pdf

VOLUME X: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2010.pdf

VOLUME XI: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2011.pdf

VOLUME XII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2012.pdf

VOLUME XIII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2013.pdf

VOLUME XIV: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2014.pdf

VOLUME XV: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2015.pdf

VOLUME XVI: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2016.pdf

VOLUME XVII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2017.pdf

VOLUME XVIII: http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2018.pdf
.

[Arizona Carolyn]

I saw that interview. I was very disappointed.

[Arizona Carolyn]

From what I could see, there was some things about his relationship with Osvaldo-Davila the Prosecution fought mightily to keep out of testimony.

[calcowgirl]

I'm reading testimony of some of the lesser players.
Agent Juarez is looking like a major liar, to me.

[Sue Bob]

ComtemptofCourt,

It's interesting that I came to the exact opposite conclusion as you did about Ramos's testimony. I thought that Kanof appeared to be attempting to confuse the jury with ridiculous suggestions about how Border Patrol Agents work. She was critical of the pursuit and the fact that Ramos chose to engage Aldrete-Davila for safety reasons before going to Compean's aid. She even brought up "the children."

I haven't yet gotten into Compean's testimony, but I do not believe that conflicts in testimony about who was where and when are unreasonable given that this entire incident lasted mere minutes and the agents were focused on the perp instead of each other. In fact, it confirms to me that the agents didn't get together to make up a story to hide a bad shoot.

[FOXFANVOX]

Well, so far, at least three other agents have been fired for lying. That's a start. And I suspect more testimony will be called into question. For each side.

I think Ramos got "skewered" because he did not get a good prep from his lawyer. [She did not seem up to the task.] Compean just didn't seem to me to be very articulate.

[FOXFANVOX]

Great catch, cowgirl. We were promised the whole transcript.

[Arizona Carolyn]

I suspect Blanchett's testimony could have been very revealing.

[yoe]

Fantastic work! Thanks.

[Iwo Jima]

I've read Vol.VI which contains the voir dire (jury selection) and opening statements (and some testimony). Key points of jury selection are as follows:

12 jurors and 2 alternates were selected. There were 8 woman and 4 men. 9 jurors had Hispanic names. Both alternates were Hispanic women (by name).

A retired police man from Arkansas was struck for cause because he because he said that in situations like this he would favor the officer because "he had been there."

Several people had heard about this matter. I don't think that any of those people made it on the jury, but I don't know if they were struck for cause or by peremptory challenge.

One potential juror was struck for cause because he said that the sheer number of charges caused him to believe that at least one of them had to be true.

One juror who appears to be a doctor (he referred to his "patients") said that he could not easily accept testimony from a prosecution witness (Dr. Warme?) because he knew doctors who said that he did poor surgical work.

One thing that astonished me was the number of people on the jury with connections to law enforcement. There was hardly a person on the jury without LEO connections. And mostly federal. Especially FBI. There must have been a half dozen people connected with the FBI. And lots with DEA and Border Police connections. Many had been on a jury before, with one serving on a grand jury.

I have been picking juries in Texas for 25 years, and I can't remember encountering anyone related to the FBI. It was so one-sided that I tend to suspect something wrong with the jury wheel. I remember that this was a problem with the Branch Davidian trial in San Antonio.

Just an aside, did you know that Ramos has Tourettes? I could see how that could come in handy in a trial like this (JK).

As is common in federal court, the judge did almost all of voir dire. [This is a BIG problem -- there is no more important aspect of a jury trial than wide open voir dire and peremptory challenges]. But I will say that this Judge did an OK job.

One interesting part of voir dire was when the Judge brought a juror up to the bench for more detailed questioning. When he said that he would side with the agent/officer, the Judge said that there were BPAs "on both sides." Then prosecutor Debra Kanof (for whom I have developed a distinct dislike) asked if he would feel the same if he knew that the guy had been "shot in the back." That man did not make it on the jury.

My next report will be on opening statement.

[calcowgirl]

Thanks, IJ! Good work. I read some of that but your summary is terrific. I'm reading testimony of some of the minor characters. BTW, you might want to look at the immunity arrangement included on the first 15 or so pages of Vol 8. His immunity was not full testimonial immunity that would have made him tell the "whole truth" and, in fact, he ended up taking the 5th on a whole slew of subjects.

As to Ramos and TS, I just read that in Vol 10. The Prosecutor brought it up on direct of Agent Mendoza. Just a brief question as to whether the Agent knew that (in conjunction with questions about whether Ramos seemed nervous). I didn't know where he was going with it, but I figured I would run into it elsewhere.

[Iwo Jima]

As you read these transcripts, could you please ping me with any evidence that 1)ODA was really shot on this occasion, 2) that he was shot by Ramos, 3) that he was even present, and 4) that Ramos ever fired a shot.

I am not talking about proof that ODA was shot, but rather proof that he was shot on 2/17/05 in Fabens, Texas, as opposed to, say, days later in Mexico.

I know that Ramos and his attorney conceded much along these lines at trial, but I cannot as yet find any objective evidence to support these allegations.

[calcowgirl]

You asked earlier on another thread about the "ditch" and whether it had water in it. I'm understanding the geography more as I read through the transcripts and try to follow it on the map, etc. The Prosecution favored the term "ditch", short for "irrigation ditch"--but most all of the agents in their testimony refer to it as a "canal." The DHS-OIG Report of Investigation even redacted the term "canal" for some reason.

In the final stages of the high-speed chase, Aldrete-Davila traveled southbound on Jess Harris Road and dead ended into the canal/ditch at Wingo Reserve Road. Here's a map (look for the eentsy teensy white "X" next to the "J" in Jess)
http://maps.yahoo.com/index.php#mvt=h&trf=0&lon=-106.212419&lat=31.47384&mag=2

For "pragmatic" purposes, think of Jess Harris running north/south and Wingo RR running east/west. (this n/s and e/w is consistent with how the agents describe the direction of the roads)

As to the area where the shooting incident happened, from north to south, we have:
• Wingo Reserve Road (road running parallel to canal on the north side)
• Canal (aka ditch)
• Levee Road (elevated, somewhat higher than Wingo RR)
• Vega (a dusty area, sloping down from the levee to the River)
• Rio Grande River/US-Mexico Border

You can see the "ditch" in this video, at about the 00:43 second spot and the slope to the vega at about 1:10.
http://www.youtube.com/watch?v=FFitU65zDTY
It's looks to me that there is a good amount of water in the canal, but there is some discussion of it possibly being jumpable.

[calcowgirl]

I'll keep my eyes open!

[NormsRevenge]

Thanks!

[loboinok]

Hardwork bump!

[Iwo Jima]

FWIW, the defendants and their attorneys referred to the "ditch." I don't know if that is because the prosecution had already "owned" that phrase, and so to give it a different name would seem obstreperous. Think "grassy knoll."

[DCPatriot]

I'll be your huckleberry!

[calcowgirl]

Think "grassy knoll."

ROFL! Well, I'm finding some more names. This, from the defense (Antcliff):

"the drainage ditch, the Sierra Delta, or whatever it's called." Later it is just referred to as the "sierra." If I were a jurror, I'd be totally confused.

[Sue Bob]

Pages 129 to about 133 of Transcript VII, the transcript with the testimony of Aldrete-Davila, Kanof tells the Court that once the Government is through with him they will no longer babysit him to keep him around or pay his hotel expense--even if the defense wants to recall him.

I don't know if this is usual, but it stinks.

[calcowgirl]

Can one of you smart lawyerly types give me a layman's explanation of Giglio?
I googled it, but explanations were a bit difficult to understand.
Here was one use I have come across (in addition to the docket):

Vol 10, p.8

3 However, the Government was extremely rigorous in
4 their Giglio obligation with regard to Rene Sanchez and had not
5 only his local Willcox, Arizona, personnel file checked, but
6 his file at the Border Patrol headquarters in Washington, D.C.,
7 and there was absolutely no Giglio. So I would also like to
8 provide a copy of that memo to the Court, just for future
9 preparation.