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http://judiciary.house.gov/media/pdfs/ramirez081706.pdf

Official Testimony
Presented by:
Andy Ramirez, Chairman
Friends of the Border Patrol

Submitted to:
Committee on Judiciary
The Honorable F. James Sensenbrenner, Chairman

August 17, 2006 – El Paso, TX

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The Ramos – Compean Case

Mr. Chairman, I have been working on a case since March 2005, this being the case by the U.S. Government against Senior Patrol Agents Ignacio “Nacho” Ramos and Jose A. Compean of the U.S. Border Patrol’s El Paso Sector – Fabens Border Patrol Station (Fabens, TX).

The case against Border Patrol Agents Ignacio “Nacho” Ramos and Jose A. Compean is

without question one of the greatest miscarriages of justice I’ve ever seen.

On February 17, 2005, Osbaldo Aldrete Davila, a known drug smuggler and Mexican National, 743 pounds of narcotics across the Mexican border into Fabens, TX. When Aldrete-Davila tripped a sensor, Border Patrol Agent Jose Compean responded and the rest has become a part of a history so outrageous and incomprehensible that there are simply no words in any language to describe it.

In a nutshell, the border patrol agents engaged in a pursuit of Aldrete-Davila as they were trained to do, and violated the pursuit policy forbidding them from pursuits without the permission of supervisors. Compean cut the smuggler off at the Rio Grande River upon which a scuffle ensued as Aldrete-Davila tried to evade capture and re-enter Mexico. Compean was overpowered and left bleeding from a cut. At this point, Ramos was attempting to get to the scene where the struggle had taken place and heard shots fired, though he could not see the scene, but understood as he was a firearms instructor that Compean had to be in trouble. As he entered the scene he saw, Compean down and cut and attempted to capture Davila who was still fleeing towards Mexico. At this point, the smuggler turned and the agents’ thought he had a weapon in his hand at which point Ramos fired one shot from his sidearm.

Neither agent at the time thought any shots had ever hit the smuggler, as he did not fall, limp, or showed any discomfort. Once in Mexico Aldrete-Davila was met by a vehicle, which he entered and sped away.

A number of agents, including a supervisor had reached the scene, and secured the smuggler’s load-vehicle, which was filled with 743 pounds of marijuana.

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Here’s where the problems lie as the FBI should have been notified to investigate the scene as there was an assault on a Border Patrol agent, in this case, Compean who was clearly cut and as shots had been fired. But true to what we hear from the line, the entire assault and shooting incident was ignored and it was not reported by anyone to the FBI, including Field Operations Supervisor Jonathan Richards.

At this point, every Border Patrol agent on scene who was aware of the incident was guilty of not reporting the shooting incident and assault, and if anyone thinks that not one person who may claim to be aware of the shots having been fired, well I’ve got an opportunity to buy some cheap coastal property in Bay Park, San Diego for a nickel a square foot. The penalty at this point for non-reporting is very simple, as mandated in the DHS, Customs and Border Protection penalty table, five days administrative suspension. That’s it, no termination of employment, and certainly not prison time.

The only other problem was that an agent picked up spent shell casings but not to cover it up. What was there to cover up? To their thinking the shots were fired, but nobody was ever hit. You’d think the story ended there, but it doesn’t. The smuggler had a life-long friend who is a Border Patrol agent in Wilcox, AZ named Rene Sanchez. This is where the incident now elevates from sloppy due to the non-reporting to ugly.

Agent Rene Sanchez claims that he was notified by his mother in-law about the shooting, as he and the smuggler were friends. Also, that he repeatedly called the Fabens Border Patrol Station requesting information to see if there were any seizures or shootings.

However, according to the Department of Homeland Security in a memorandum of activity document, Rene Sanchez stated that he queried the Border Patrol Tracking System (BPETS) and found that the Fabens Border Patrol Station seized a load of marijuana on February 17, 2005.

Rene Sanchez calls the Office of Inspector General (OIG) at DHS and speaks to a Special Agent Christopher Sanchez who was a four-month trainee in OIG. Previously Chris Sanchez served as an ICE agent in Arizona before lateraling over to OIG. Chris Sanchez began investigating the case on March 4, 2005. This is when the agents learn that there was a claim that the smuggler was wounded two weeks before during the incident at Fabens.

Eventually, Chris Sanchez goes to Mexico and brings Davila back to El Paso and the William Beaumont Army Medical Center and has a fragment of a bullet removed. The chain of evidence, including custody gets really murky at this point and the agents are arrested, charged, and arraigned within days.

Agent Rene Sanchez’ mother in-law drove Aldrete-Davila into El Paso for his hospital treatments at the William Beaumont Army Medical Center. He also assisted with securing an attorney to sue Agents Ramos and Compean in a civil case.

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At this point, the family begins to contact the National Border Patrol Council Executive Board for help and assistance, as nobody in the agency would help either agent or their families, including peer-counseling services who, according to the family’s sources had been ordered by Sector Chief Patrol Agent Luis Barker.

It was at this point that an aunt of Agent Ramos called me trying to learn if there was anything that could be done to assist them, and asking, who to call. Immediately I began looking into the case. What appeared to me was that the only problem was an administrative matter and the family and I remained in contact from that point of contact forward. However, I provided the contact information of TJ Bonner, president of the National Border Patrol Council, and Rich Pierce, Executive Vice President of the NBPC to family members. In fact, until this past week, there was no intent to provide any relief, until the agents were acquitted. It was reported to me that the agent’s wives were contacted to see if they were okay. However, when the families wanted to utilize support services, they were not only ignored, but they were shunned. An agent who must remain anonymous later informed the families that all chaplains were ordered to stand down by command. That in and of itself has left me with one of the greatest and most disturbing questions of all, which is where was the national leadership from the agent’s union all this time? Did they fall asleep, or were they ordered to stand down, too?

The Assistant U.S. Attorney Debra Kanof engaged in an overzealous prosecution, that never should have reached the indictment level, but it is clear she was after Agent Ramos. As I have been told, Kanof met Maria Ramirez, the attorney for Agent Compean and offered immunity if he would testify against Agent Ramos having already threatened other agents with indictment if they did not change statements, which was later admitted by those agents during the trial on the witness stand. To this day, three agents remain on administrative duty with pay by the Border Patrol while Field Operations Supervisor Jonathan Richards, who was on scene after the incident and saw the cut on Agent Compean, though not reporting the assault as required to the FBI, has since been promoted in rank to Special Operations Supervisor. In addition, Agents Ramos, and Compean have had their initial terminations rescinded and have remained on suspension without pay.

Agents Ramos and Compean received a letter on March 25, 2005 from El Paso Border Patrol Sector Chief Patrol Agent Luis E. Barker, of which I have provided key excerpts, which stated as follows:

Your conduct at issue seriously impairs the efficiency of the OBP and the federal service in that as a law enforcement agency we demand the highest integrity and best behavior of our employees. We must do so in order to maintain the public confidence, in the just and fair accomplishment of our mission. As a Border Patrol Agent your employer and the public must have complete trust in your judgment, behavior, and abilities to uphold and enforce the laws of the United States of America.

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However, the crime for which you have been arrested and charged with raises serious questions about your judgment and behavior, and causes me to lose trust in your ability to perform the functions and responsibilities of your job and uphold the laws you were sworn to enforce. Your position as a Border Patrol Agent directly involves actions in which it is your duty and responsibility to apprehend individuals who violate laws. Therefore, you as a BPA must uphold the law. All of the foregoing negatively impacts our agents’ ability to maintain the public’s trust. Therefore, I find that this proposal is warranted and if effected will promote the efficiency of the service…

Chief Barker, since promoted to National Deputy Chief of the Border Patrol with that statement within his letter to Agents Ramos and Compean acted as judge, jury, and executioner, without one witness being called to testify, and without allowing for due process ever taking place. With the service records of Agents Ramos and Compean, and the fact that Field Operations Supervisor Jonathan Richards in knowledge of an assault against Agent Compean, and his not reporting the incident as required to the FBI, leaves no doubt that Agents Ramos and Compean were abandoned by their command and singled out.

Prior to the trial Kanof offered every type of plea bargain, including a one-year plea to Agents Ramos and Compean, which they refused as they were never guilty of anything beyond an administrative non-reporting policy violation, which would have resulted in a 5 day suspension according to DHS/CBP disciplinary policies. The case was obviously so weak that it was to the degree that one could state the prosecution was playing “Let’s Make a Deal” and grasping for any type of deal. I’m surprised that they didn’t offer probation as part of a plea bargain as Kanof was grasping for straws to make something stick.

During the trial, ruling after ruling went against the defense by Judge Kathleen Cardone, including the prevention of introducing into evidence Mexican Military incursions, violence against Border Patrol agents and other law enforcement officials. This type of rulings were established by the ruling of February 14, 2006 that said all evidence indicating such threats had to be ruled on in advance by Judge Cardone.

At one point in the trial Kanof accused the agents of going against one of their own, by playing the same race card, usually played by Maldef, La Raza, LULAC, and every other open border supporter, which includes the president. Since when is an illegal alien drug smuggler to ever be considered one of law enforcement's own, unless Assistant U.S. Attorney Kanof is implying that their own now includes drug smugglers. When one engages in law enforcement, it is a critical element that justice is blind to color, gender, etc, with the sole exception of violating the law.

Here are some critical elements that came during the trial when the smuggler and other witnesses testified. The smuggler testified that he had turned himself in to the American Consulate in Juarez, MX on the advise of his hometown friend, Rene Sanchez who is a border patrol agent working in Wilcox, AZ. The smuggler turned himself in one month

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after the incident in Fabens, TX, which he claimed U.S. Border Patrol agents had shot him. Aldrete-Davila was instructed by Rene Sanchez to not testify without requesting immunity first. He further testified that Rene Sanchez instructed him as to what to say including denial of having a gun when he assaulted the two Border Patrol agents.

Rene Sanchez told the smuggler to say that he had nothing to do with the van loaded with the 743 lbs of marijuana. Rene Sanchez also told the smuggler to say that he had run because the agents were trying to beat him up. Rene Sanchez further instructed the smuggler to say that he had been shot in the back, never mentioning where he was actually shot. The smuggler also said in his original statement that he was shot while entering the U.S. illegally, which was not the case, and made no mention of the vehicle loaded with 743 lbs of marijuana. This information is also in his report to Christopher Sanchez, the Homeland Security investigator, and the ONLY investigator in this case.

When asked during the trial how he, the smuggler, knew he could sue the government for five million dollars, he responded that he didn’t know. The smuggler also testified that Rene Sanchez retained Attorney Walter Boyaki, in addition to negotiating on the smuggler’s behalf, and that the smuggler claimed not to have any knowledge of the five million dollar lawsuit filed against the U.S. Border Patrol.

During the trial, the smuggler (Davila) and Rene Sanchez contradicted each other’s testimony throughout the trial. The smuggler also testified that he and Rene Sanchez were both born and raised in San Ysidro, MX and had known each other since they were kids. The smuggler testified that he and Rene Sanchez had not seen each other in the past year, while Rene Sanchez testified that he had not seen the smuggler since he was seven years old.

The smuggler also testified that he had met and talked to Rene Sanchez in Laredo before the drug bust in Fabens, TX in which he was wounded. He also testified that he had run into Rene Sanchez in Juarez sometime in October and before the original trial date of October the 17^th. He also testified that Rene Sanchez and Christopher Sanchez had picked him up on Sunday, two days before trial and taken him to the federal building in El Paso to prepare for the case with the prosecutors. Rene Sanchez testified that although they were all in the same car, they never talked to each other.

When Rene Sanchez took the stand he testified that he had not seen the smuggler for approximately eight years. Rene Sanchez admitted to having advised the smuggler to turn himself in and admitted to having told him what to say. Rene Sanchez also admitted to having got the smuggler the lawyer, whose last name is Boyaki, to file the five million dollar lawsuit against the border patrol.

One agent by the name of Blanchett who was subpoenaed by the defense was not allowed to testify. He would have testified that Rene Sanchez kept calling him about drug smuggling activities in Fabens and also when and where the busts were occurring. Agent

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Blanchett made a report of this to the Border Patrol because he was suspicious of Sanchez and was reprimanded for doing so.

Homeland security agents went to Fabens to question Blanchett about his reporting the calls from Rene Sanchez. Agent Blanchett was asked questions without representation, and was requested to surrender his weapon. Blanchett requested representation, which he received from his Federal Law Enforcement Officer’s representative who then instructed Blanchett to leave during the questioning by DHS agents and Blanchett immediately walked out of the room.

They were trying to protect Rene Sanchez because he was one of the government's chief witnesses in this case. The government does not know how corrupt he is. Blanchett was then transferred to Deming, New Mexico with the border patrol claiming that he had been in Fabens on temporary assignment.

All the illegal moves of Rene Sanchez concerning his personal investigation without knowledge or permission from the U.S. government are a matter of public record in the trial transcripts.

Through sources and public records it has been learned that the smuggler, Osvaldo Davila smuggled a load of Marijuana into the U. S. last year before the original Oct. 17^th trial date. Sources have stated that when the prosecutors found out about this, they took away his crossing card and refused to give him any more free medical treatment at the Army Hospital in El Paso. The prosecution asked for postponement of the original trial on the day that the jury was being picked. The claimed that the postponement was necessary because the smuggler need additional medical treatment and had to be taken to San Antonio, TX for surgery. This never happened.

The defense lawyers agreed to the postponement in good faith providing that the agent's be release from house arrest which they had been under for eight months. I would think that the defense should have agreed only if the prosecutors would have agreed to no more count stacking against the two agents. The two agents were freed from house arrest, but in the meantime, while awaiting trial, the prosecutors superceded the original indictment twice adding approximately eight more counts. This viciousness is only common in cases against repeated felons, murderers, and rapists. We are now talking about two good, young, dedicated, and brave with 15 years of combined service without ever having assaulted any illegal aliens or drug smugglers.

Agent Ramos was previously assaulted, and has been fired upon in 1996 without apprehension of the shooter, though nearly 900 pounds of marijuana was seized. In 2001, Agent Ramos was assaulted by an illegal alien with a syringe that later tested positive for HIV and Hepatitis C. In 2004, Agent Ramos was assaulted by an illegal alien, who attempted to grab the agent’s weapon to use on him and suffered a broken hand in the incident. I mention this to illustrate that Agent Ramos knew by experience when an assault was taking place and how far an illegal alien, or criminal alien was willing to go.

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The agents feel betrayed by their own government. They were convicted on contradicting lies by the smuggler, and repeated fabrication by the prosecution. Again, keep in mind that agents, who testified for the government, did so under immunity from the prosecution, including Field Operations Supervisor Jonathan Richards. So they knew they could say anything they wanted, and in this current state of the Border Patrol they knew to have a future, and not face what Agents Ramos and Compean were facing, they had to play ball.

Agents Compean, Ramos and Yrigoyen testified that they had told Richards that Compean had been assaulted. Border Patrol Trainee agent Mendez was going to testify for the government but was never used. He is the agent who saw agent Compean come out of the bathroom at the Fabens station after the drug bust and had told agent Compean that his hand was bleeding. Agent Compean also had a cut on his face. Mendez supposedly did this in front of Richards, and Richards then asked Compean if he wanted to file assault charges. Agent Mendez was subpoenaed by the prosecutors but was not called to testify. I feel that the reason was that if they did not call him, the defense would not be able to question him. This is yet another case of suppression by prosecutors.

Field Operations Supervisor Jonathan Richards never notified the F.B.I. as per Government policy for assaults on agents. The agents that testified for the government were on immunity from prosecution and are still on administrative suspension with pay because they admitted to lying in their original statements to Christopher Sanchez. Besides his repeated lies on the stand the people of this nation should be aware that took place during the trial according to sources, and court records.

When Attorney Antcliff, one of Agent Compean’s attorneys asked Agent Juarez if he was on administrative suspension with pay, he answered "yes". Antcliff asked him, why are you on suspension? Juarez, replied, "for lying." Antcliff asked him, “did you lie in you statement last March? Did you lie in your statement last April? Did you lie in your statement last September?“ All three times, Juarez answered "yes".

Let me get back to agent Christopher Sanchez. The smuggler testified on the stand that he and "Chris" had become real close in the year awaiting trial and that is why he referred to him as "CHRIS." When the smuggler testified that his fellow smugglers had a death threat on the Ramos and Compean families, he was asked if he had disclosed this information to anyone. He testified that he had told "CHRIS," which is in the DHS documents. However, when they asked Christopher Sanchez if he had reported the threat to anyone, he answered, yes. When asked who Christopher Sanchez had reported it to, he responded that he notified Mexican authorities in Juarez, MX.

Why Mexican authorities, and not U.S. law enforcement authorities? That’s idiotic when you have a death threat against law enforcement officers to not notify the agents’ themselves, their agency, and the FBI.

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To date, the families continue to receive death threats, and have received no support, or protection from any federal law enforcement agency. The sole support has come from the Office of El Paso County Sheriff Leo Samaniego.

According to testimony, after the bullet fragment was removed from the smuggler at the hospital, he was supposedly taken to Christopher Sanchez's home to spend the night. The chain of custody for evidence was never produced and I find it suspect and questionable that there is a ballistic report for a bullet fragment, which should be tested as how could that come from one firearm when nine were in custody. One needs to check the documents, which were given to the defense counsel, which leave many more questions.

I must further add the following information. When I first met with and interviewed Agents Ramos, and Compean, along with their attorneys and wives, this past March 23 and 24, 2006 in El Paso, TX, I spoke later that day with Sheriff Leo Samaniego of El Paso County, and Sheriff Arvin West of Hudspeth County, TX, who both provided the following assessment, “This was a good shoot, and outside of an administrative problem by not reporting, which should result in either suspension, these guys did not do anything wrong.” As Sheriff Samaniego personally added, “These guys are not criminals.” While not an official statement, this is how they responded to my questions regarding the case.

This case leaves many questions from the original press statement by the Office of U.S. Attorney for West Texas Johnny Sutton, to the most recent, which continues to not only mislead the public but contradict the facts as stated during the trial.

The agents report that there was a 9-3 vote in favor of acquittal and yet within two days it was reversed to a 12-0 conviction. On Sunday, August 13, 2006, the Inland Valley Daily Bulletin’s Sara Carter broke a story with statements from two of the jurors who state for the first time in public interviews what really happened in the jury room. Links to that article, in addition to the original exclusive interview of Agent and Mrs. Ramos published on August 6, 2006, are both available on our FriendsOfTheBorderPatrol.com website.

On Friday, two of the 12 jurors who convicted the agents said pressure from the prosecution and possible misconduct involving other jurors may have led to the conviction.

In an interview with the Daily Bulletin Saturday, a juror who asked to be identified only as Claudia said she was the last holdout on the jury before the guilty verdicts were handed down.

"I've had nightmares about the family since the day of the verdict," Claudia said. "I want to do whatever I can to support the families. I'm not at peace."

Claudia and another juror, Bob Grouley, who teaches special-needs students, said the guidelines provided to the jury were at times difficult to understand and that several of the guidelines regarding the convictions were open to interpretation.

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Both added that several of the jurors, including the foreman, pressured colleagues to go with a guilty verdict because spring break was a week away and they didn't want to be stuck in a long deliberation. Grouley said the foreman told the jurors, several of whom were holding out, that Judge Cardone would not accept a hung jury.

Grouley said he contacted Mary Stillenger, Ramos' attorney, several weeks after the trial was over to let her know he was not comfortable with the verdict.

"We had to go by the judge's orders, but this punishment doesn't fit the crime," Grouley said.

The El Paso Times published a report on the trial verdict on March 9, 2006, which stated, “Compean and Ramos’ boss, Robert W. Gilbert, the Chief Patrol Agent for the El Paso Sector of the Border Patrol issued a written statement Wednesday saying the agents chose to violate the trust of the citizens they swore to protect.”

Though the facts, through the admissions that were revealed during the trial by all parties showed that Agents Ramos and Compean had only committed an administrative error, it is clear that the managers of El Paso Border Patrol Sector chose to ignore the evidence, withheld services that the agents and their families were eligible for, and abandoned their agents to the wolves though the facts in the case demonstrates misconduct by the prosecution, witnesses, and jury. Something well understood by local law enforcement throughout the Texas border region.

On behalf of Friends of the Border Patrol, and the tens of thousands of letters, and emails that have been received, we request that Congress, specifically the House Committee on the Judiciary, and the House Committee on Homeland Security investigate this case, and we request that both committees convene a joint hearing regarding this case.

Furthermore, thousands of emails, and letters are being sent from across the nation in support of the agents. The letters all have a common theme, question of misconduct by the Department of Justice, and the Department of Homeland Security, including the Office of Inspector General, and the Office of Customs and Border Protection (Office of Border Patrol). The mounting sentiment we are reporting to the Congress is that if the evidence includes any orders given by the Office of the President, including the President, and his subordinates to abandon these agents, or engage in an improper prosecution that the public wants articles of impeachment be introduced by the House Committee on the Judiciary.

It is clear to Friends of the Border Patrol and the millions of Americans who are still learning of this great injustice, that Senior Patrol Agents Ignacio Ramos, and Jose Alonso Compean be exonerated and cleared of all alleged crimes and that all individuals who had anything to do with charging these brave agents, and besmirching their names and reputations be immediately arrested, and charged so that justice is finally served.

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Mr. Chairman, we further call on President George W. Bush to pardon these agents of any and all charges and convictions pertaining to this case, and order the agents restored to active duty, with all back-pay these agents are due and the thanks and apologies they so deserve.

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