Posted on 10/11/2006 10:14:06 AM PDT by NormsRevenge
EL PASO, Texas -- The two former Border Patrol agents convicted of shooting a drug smuggler in the buttocks last year were denied a postponement of their sentencing during a heated court hearing Tuesday.
Lawyers for the agents, Ignacio Ramos and Jose Alonso Compean, hope that a congressional hearing to review the case, which has been promised for the week of Nov. 13, would reduce the sentencing guidelines that apply in the case. Mary Stillinger, Ramos' lawyer, said her idea was that the hearings, which have not been formally scheduled by the House Judiciary Committee, could lead to legislation to exclude law enforcement officers from mandatory weapons sentences meant for criminals.
"Obviously we're disappointed,"
Stillinger said. "We'll be ready to proceed at sentencing next week. I was just hoping that the case would be held until it was reviewed by Congress. The one-million-dollar question is `Would the congressional hearing have helped our clients?' We can't see into the future so that's why I wanted the sentencing postponed."
Stillinger submitted to the court several exhibits which included California Democratic Sen. Dianne Feinstein's letter to the Sen. Arlen Specter, chairman of the Senate Judiciary Committee, and a letter written by Rep. Walter Jones, R-N.C., to President Bush asking him to review the case. Ramos and Compean face a minimum of 10 years in prison, consecutive to any other sentence, because they used a weapon in the commission of their crime. If the legislation was retroactive, it could apply to Ramos and Compean. Both side agreed Tuesday that the scheme was a longshot.
U.S. District Judge Kathleen Cardone said she didn't know what a continuance would achieve other than "postpone the inevitable."
"If their concern is that they have been unfairly judged, their only remedy is at the court of appeals," Judge Cardone said.
The sentencing will proceed on Oct. 19.
The hearing Tuesday grew heated when Assistant U.S. Attorney Debra Kanof accused the agents and their families of having orchestrated the public support that led to the promise by several House and Senate members to hold a hearing. "The defendants went to (the) press and got attention by not telling the whole truth," Kanof said. Some family members like Joe Loya, Ramos' father-in-law, were incensed.
"She's the one who fabricated lies," he said after the hearing. "This case is based on the allegations of a drug smuggler and she repeated his lies."
He called the judge's decision, "very disappointing to say the least."
Kanof also questioned the contention by the defense that her prosecution has affected the morale of Border Patrol agents.
"Misinformation, misstatements and lies," she said. Stillinger objected, and Judge Cardone had to intervene.
"I can't change the morale of the Border Patrol," Judge Cardone said. "For every person who agrees, there is a person who will disagree. We can spin off to all sorts of arguments."
Kanof, who is not allowed to comment on ongoing cases, said in court that she would welcome a congressional hearing so she could testify.
"I would be vindicated," she said.
TJ Bonner, president of the National Border Patrol Council, the union representing more than 11,000 Border Patrol agents, said he was upset with the decision and will attend the sentencing hearing to show continued support to Ramos and Compean.
"We're disappointed that the judge did not grant the motion for continuance," Bonner said. "All of the facts should be laid out on the table before a decision is made on sentencing."
Andy Ramirez, chairman of the Chino-based Friends of the Border Patrol, said Kanof's comments reflect an overzealous prosecutor.
"It's clear the injustice will continue when you look at the statements made in the courtroom by ... Kanof. She is willing to do anything and say anything to make this unjust conviction stand," Ramirez said.
U.S. District Judge Cardone is a 2003 appointee.
ping
BOHICA -- soon it will be your turn to give up something your cherish for the sake of an illegal. Some animals are more equal than others.
Who is this bitch? Gonzalez should can her immediately. How dare she attack the families of these victims.
PRESIDENT BUSH: PLEASE PARDON BOTH OF THESE MEN NOW! STOP THIS DISGRACEFUL FARCE!
They took evidence from the scene and lied in their reports.
The farce is excusing their crimes.
Still supporting the drug smuggler, I see.
B T T T
Is she the Mexican prosecutor who told one of the guys that "he was a disgrace to "his" people?" I think he told her that "his people" are the American people.
We've gotta get these anti-American Mexicans out of government jobs or nobody will be safe.
Yeah, the union uses bully tactics yeah, sure right. Of course an anti Border Patrol prosecution team that uses the word of a serial drug smuggler to convict federal agents of civil rights violations with out any evidence is just benign.
Not thinking that anyone had been shot the two agents simply didn't make a report of it and as for "removing evidence" that was simply the agents picking up Officer Compean's spent shell casings off the ground. Good grief.
They were convicted of the crimes I spoke of.
Do you know what convicted means?
Who's being disingenuous?
What exactly did they falsify? Hmmm. Oh, you don't know do you? That's probably because you have never read the report. They aren't going to prison for 20 years for falsifying a report and picking up brass. They didn't get a fair trial, the Judge, prosecution team and jurors were as anti-Border Patrol as you. The agents were convicted based on the word of a serial drug smuggler without any evidence. Of course, these revelations are lost on you and you are going to keep bleating "they picked up braaaaass and falsified a repooooort".
You were asked to prove that last week and failed.
They were convicted and you and your Union fight all BP convictions.
That's what Unions do and that's why they should be eliminated.
They did not let the jury hear critical information such as Aldrete-Divala had already been busted again for trying smuggle another major load of drugs across the border. Or that Aldrete-Divila had actually conspired with other members of Mexico's drug cartel about the possibility of assassinating agents Campean and Ramos (and members of their families) as retribution for their actions. Or that Aldrete-Divila had lied and deliberately withheld information about his encounter at the border while being interrogated by Federal Officers from the Department of Homeland Security ( a federal offense in and of itself for which he was granted immunity ). These facts would have effectively destroyed Aldrete-Divila's credibility and integrity as the central witness and provided far more proof regarding his motives for rendering false testimony against the Border Patrol.
The agents were cleared of the charge of attempting to kill Aldrete-Divila which was the major one. Already three of the jurors have now come forward and admit that they made a mistake in their verdicts. Well, duh.
And wouldn't you know it : Aldrete-Divila has already begun violating specific provisions of his immunity deal with the feds (suckers) by refusing to name all of the individuals who helped him with his smuggling escapades across the border.
Charming.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.