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.
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Andres R. Martinez covers courts and general assignments for The Monitor. He can be reached at (956) 683-4434.
bump
Ain't nothin'.
Read John Grisham's "An Innocent Man".
thanks... listening now to Jerry Corsi
No action will be taken..
U.S. Attorneys are "officers of the court", and as such are not subject to laws concerning obstruction, creating false evidence, bribery, etc., etc...
Their "conduct" may be referred to the bar and reviewed, at which time they may lose their license to practice law in Texas, but that's about it...
I am not a lawyer, and am not sure how or why officers of the court are protected in this way, but it stinks to high heaven..
If anyone reading this thread has knowledge concerning why the law protects such criminal activity, that would certainly land any other citizen in jail for a very long time, I would welcome their input..
Prosecutors that stoop to such tactics should be spending significant time with "Bubba"....
That's all too obvious, isn't it. Can't wait to read the excuses of the OBL Bushbots.
Willfull US Attorney misconduct, ie hiding evidence, should require the government to pay the legal bills of the abused defendant.
Then try and imprison the SOB US Attorney as well as any and all other attys and staff members also guilty.
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