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Border patrol agent acquitted in excessive force case
The Monitor ^ | January 27,2007 | Andres R. Martinez

Posted on 01/27/2007 8:35:02 AM PST by SwinneySwitch

BROWNSVILLE — A former U.S. Border Patrol agent was acquitted Friday of using excessive force to arrest an illegal immigrant in a retrial of a 2001 case.

A federal jury said David Sipe was not guilty of using excessive force against Jose Guevarra on April 5, 2000. The case was first tried in front of Judge Ricardo Hinojosa in McAllen’s U.S. District Court in 2001. At the time, a jury found Sipe guilty after a five-day trial.

But while preparing for sentencing in the 2001 case, Sipe’s attorney, Jack Lamar Wolfe, found evidence the U.S. Attorney’s Office had withheld information requested before the trial.

Wolfe cited in a motion for a new trial that prosecutors had not revealed at least four pieces of information:

o A government witness’ criminal background

o Testimony favorable to Sipe by one of his former co-workers

o Additional benefits given to witnesses, like Social Security cards and reimbursements

o Pictures of the victim re-enacting the arrest for investigators

Hinojosa granted the request for a new trial on April 11, 2003.

The U.S. Attorney’s Office appealed the decision to the Fifth Circuit Court of Appeals, which sided with the decision for a new trial on Nov. 19, 2004.

Sipe and Wolfe started preparing for a new trial, but Sipe applied for a change of venue in November last year. The case was subsequently moved to Brownsville’s U.S. District Court.

——

Andres R. Martinez covers courts and general assignments for The Monitor. He can be reached at (956) 683-4434.


TOPICS: Crime/Corruption; Mexico; News/Current Events; US: Texas
KEYWORDS: aliens; borderpatrol; bp; davidsipe; immigrantlist; usattorney
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"o Additional benefits given to witnesses, like Social Security cards and reimbursements"

Whose side is the U.S. Attorney’s Office on?

1 posted on 01/27/2007 8:35:03 AM PST by SwinneySwitch
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To: SwinneySwitch

"Whose side is the U.S. Attorney’s Office on?"

Why the president's side, of course!


Unfortunately, in this case "the president" it happens to be the president of Mexico.


2 posted on 01/27/2007 8:38:44 AM PST by flashbunny (If the founding fathers were alive today, they'd be plucking feathers and boiling tar.)
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To: SwinneySwitch

Whoo Hoo!

Bump! Bump!

And thank you Jerome Corsi [if you are lurking] for all the work you did!


3 posted on 01/27/2007 8:38:50 AM PST by Calpernia (Breederville.com)
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To: SwinneySwitch

Meanwhile, David Sipes and his family accumulate massive debt to pay his lawyer. Obviously, from this and other examples, the U.S. Attorney's offices in Texas are run by people who are only interested in defending the ability of illegal aliens to escape the Border Patrol.


4 posted on 01/27/2007 8:38:52 AM PST by 3AngelaD (ic.)
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To: SwinneySwitch
"But while preparing for sentencing in the 2001 case, Sipe’s attorney, Jack Lamar Wolfe, found evidence the U.S. Attorney’s Office had withheld information requested before the trial."

More prosecutorial misconduct? I'm shocked, just shocked! Just how endemic is this behavior in the Department of Justice? Is this standard by any chance? Win at all costs? Jail as many people as possible to make the conviction rate look good?

5 posted on 01/27/2007 8:40:24 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: Calpernia

And thank you Jerome Corsi [if you are lurking] for all the work you did!



What did he do in this case?


6 posted on 01/27/2007 8:46:13 AM PST by deport
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To: SwinneySwitch
evidence the U.S. Attorney’s Office had withheld information requested before the trial

Here's another one that needs to be disbarred.

7 posted on 01/27/2007 8:50:59 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: SwinneySwitch
found evidence the U.S. Attorney’s Office had withheld information requested before the trial.

So-What's new.

The AH's Office either doesn't prosecute Mexicans or uses phoney, created evidence to convict BP Agents.

8 posted on 01/27/2007 8:54:26 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: mtbopfuyn

"needs to be disbarred"

And pay restitution to the victim he was prosecuting. Prosecutors thinking they can hang the innocent before they run out of money need to be stopped now and made examples of. nifong, are you listening?


9 posted on 01/27/2007 8:57:42 AM PST by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: SwinneySwitch

"Respect for the law" and "We are a nation of law" doesn't ring at all for me anymore. These are more than overzealous prosecutors. They are thugs in suits with an agenda to enforce.


10 posted on 01/27/2007 9:01:32 AM PST by Emmett McCarthy
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To: deport

Here:

http://www.brownfieldnetwork.com/resource_other/20070126/f97ed749-ae81-5c55-2b37828c1c4c3db6/111854/dbs012607.MP3

He went over all his work on the show Friday.


11 posted on 01/27/2007 9:03:43 AM PST by Calpernia (Breederville.com)
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To: SwinneySwitch
evidence the U.S. Attorney’s Office had withheld information requested before the trial.

Sounds like the kind of place Mike Nifong might fit in with. He may be job hunting soon.

If the US Attorney's Office withheld information, someone should be demanding an investigation into the US Attorney's Office!
12 posted on 01/27/2007 9:09:12 AM PST by TomGuy
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To: Calpernia

Thanks.... Now what did he have to do with this case cited in the article. Just a short one line or two will be sufficient...


13 posted on 01/27/2007 9:14:16 AM PST by deport
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To: deport

It was an hour show. I gave you the link.


14 posted on 01/27/2007 9:16:59 AM PST by Calpernia (Breederville.com)
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To: Calpernia

Yep... not going to listen to a hour show when all I'm interested in is what in your opinion did he do for the defendant in this case cited in this article. Undoubtely you know something since you indicated that he did something... Did he write a letter, hire an attorney for the defendant, testify at the retrial as an expert witness, or just what?


15 posted on 01/27/2007 9:19:40 AM PST by deport
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To: deport



Here is one of his interviews

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53856
Meet man who prosecuted jailed Border Patrol agents


16 posted on 01/27/2007 9:25:45 AM PST by Calpernia (Breederville.com)
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To: Calpernia

Nice aritcle......

But what does that have to do with the retrial of the Border Patrol Agent, David Sipe who it the topic of this article. What did Corsi do for Agent Sipe.

I'm aware of his stuff for convicted felons Ramos/Compean.


17 posted on 01/27/2007 9:28:23 AM PST by deport
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To: deport

>>>But what does that have to do with the retrial of the Border Patrol Agent, David Sipe who it the topic of this article.

Absolutely nothing. I'm guilty of skim reading.

I read the header, and assumed.

Sorry about that.

And thanks for patiently trying to hit me in the head :)


18 posted on 01/27/2007 9:38:24 AM PST by Calpernia (Breederville.com)
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To: Jedi Master Pikachu; 2dogjoe; RamingtonStall; engrpat; HamiltonFan; Draco; TexasCajun; ...

BP Ping!

If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.


19 posted on 01/27/2007 10:02:58 AM PST by SwinneySwitch (Terroristas - beyond your expectations!)
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To: All

Just a wild guess here, but what do you bet that this fine, upstanding prosecutor uttered the tired old prosecutor's mantra, at some point before the trial, that these Agent's must be "held to a higher standard of conduct?"

Higher standard indeed. I'd love some follow up on any action taken against this US Attorney.


20 posted on 01/27/2007 10:57:08 AM PST by DPMD (dpmd)
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