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Verdict Reversal for Ex-Border Patrol Agent[South Texas]
KGBT 4 TV ^ | Jan 29, 2007

Posted on 01/29/2007 12:30:34 PM PST by SwinneySwitch

David Sipe is a once convicted criminal who can honestly say he "didn't do it."

"Relief. Relief. After 7 years, it's gone. It's over."

The ex-border patrol agent gets a 2001 guilty verdict overturned in his retrial for civil rights violations against a smuggler. The incident dates back to April of 2000 in Penitas.

"He was striking me in the side... he was very close to my weapon... and I had to do what I could to control the situation as fast as I could."

Fearing for his life, David subdues the smuggler by hitting him with his flashlight. It results in staples to the smugglers head. A border patrol investigation is launched and deems his actions inappropriate-- even illegal.

"I don't know how they're able to do that... but I don't think that's fair."

Neither did a jury who overturns his conviction from the first trial against him.

David says the government, who he faithfully worked under for nearly 4 years, turns its back on him while rolling out the red carpet, as he puts it, for the illegals turned witnesses.

"They got to stay here and work in our country."

The smuggler even gets a government settlement.

"80 thousand dollars... he now has his own ranch in Mexico.'

As for David-- he doesn't collect a thing. In fact, his life and family gets ripped apart.

"My house foreclosed on after having to file bankruptcy, my children having to live through this... of course my wife divorcing me."

Through it all, he says, justice is served. And while most about David is forever changed one thing returns and it's most important thing to him of all.

"I have my freedom back. I'm a man of honor again."

What lead to this morning's "not guilty" verdict reversal against the former border patrol agent? Turns out his attorney says the prosecution in the first trial supressed evidence and lied about benefits given to "Alien" witnesses.

Attorney Jack Wolfe explains.

"They with-held evidence about their witnesses who had prior convictions...they didn't tell us... they were supposed to tell us. In fact, they told us that they had no witnesses with convictions."

A new trial was granted and David Sipe's conviction was thrown out. As a result, Sipe is a free man and fighting to get his job back.


TOPICS: Crime/Corruption; Extended News; Foreign Affairs; Mexico; US: Texas
KEYWORDS: aliens; borderpatrol; bordersecurity; bp; davidsipe; govwatch; immigrantlist; sipe; wod
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"The smuggler even gets a government settlement. 80 thousand dollars... he now has his own ranch in Mexico."

Criminal!

1 posted on 01/29/2007 12:30:37 PM PST by SwinneySwitch
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To: SwinneySwitch

That's disgusting.


2 posted on 01/29/2007 12:34:12 PM PST by Froufrou
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To: SwinneySwitch

I haven't read the details, but there is the incident of the National Guard backing off confronting armed border crossers/smugglers, and people asking why. My guess is our government seems to be setting plenty of precedent to discourage any kind of real action against border criminals. It's shameful.


3 posted on 01/29/2007 12:35:36 PM PST by visualops (artlife.us)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


4 posted on 01/29/2007 12:35:54 PM PST by gubamyster
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To: Froufrou

well at least with his own ranch in mexico he might not try to get back into the US.


5 posted on 01/29/2007 12:36:27 PM PST by flashbunny (If the founding fathers were alive today, they'd be plucking feathers and boiling tar.)
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To: curmudgeonII; Jedi Master Pikachu; hispanarepublicana; 2dogjoe; radar101; RamingtonStall; ...

Penitas Ping!

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


6 posted on 01/29/2007 12:41:36 PM PST by SwinneySwitch (Terroristas - beyond your expectations!)
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To: SwinneySwitch

"David says the government, who he faithfully worked under for nearly 4 years, turns its back on him while rolling out the red carpet, as he puts it, for the illegals turned witnesses."

Sound kind of familiar, eh Johnny Sutton?


7 posted on 01/29/2007 12:42:56 PM PST by NapkinUser (http://www.teamtancredo.com/)
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To: SwinneySwitch
This sounds a awful lot like what happened to the two agents more recently.

What IS it about the Justice Department that does this to their agents?

8 posted on 01/29/2007 12:43:20 PM PST by dirtboy (Duncan Hunter 08 - rationalization not required, he IS a conservative already)
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To: SwinneySwitch

After all he went through, I'm surprised he still wants to work for the border patrol.


9 posted on 01/29/2007 12:44:13 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: SwinneySwitch
Turns out his attorney says the prosecution in the first trial supressed evidence and lied about benefits given to "Alien" witnesses.

The prosecuter should be in jail. What scum!

10 posted on 01/29/2007 12:46:00 PM PST by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: SwinneySwitch
Sipe is a free man and fighting to get his job back.

Why in Heaven's name would anyone want that job back? Do your job again and back to court you go!

11 posted on 01/29/2007 12:48:46 PM PST by RobinOfKingston (Man, that's stupid...even by congressional standards.)
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To: SwinneySwitch

This is truly perverted. Shows how far our government has been infiltrated.


12 posted on 01/29/2007 12:51:10 PM PST by Dante3
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To: unixfox

These Prosecutors granting Amnesty to Drug Smgglers in order to Convict our Defenders HAS GOT TO STOP!

What the Hell kind of Leaders are we tolerating in Washington DC?

And yet I keep seeing News reports of how the Republicans have learned from the last election that they have to move toward more Socialism in order to get the Votes. Can these Guys really be that Stupid?

RamS


13 posted on 01/29/2007 12:51:26 PM PST by RamingtonStall (More Guns ==> Less Crime! Get your CHL today! http://www.ohioccw.org/)
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To: unixfox
The prosecuter should be in jail

Yup. He "Nifonged" him.

14 posted on 01/29/2007 12:52:01 PM PST by Regulator
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To: visualops
It's shameful.

No. It's worse than that; FAR worse.

It's a despicable sellout of America by short-sighted, small-minded political demagogues at the highest levels of our government, and all levels in between.

It's a capital affront to The Constitution and everything upon which it stands.

It's a calculatingly crass knee to the groin of upstanding Americans from coast to coast.

It's a stiff-middle-fingered "F--K OFF!" to every legal resident of these United States; living or dead.

It's ALL of that, and more, and -- in a stroke of political schizophrenia worthy of a Michael Crighton novel -- it's coming to you from no less a revered locale than the White House Oval Office.

I voted for President Bush twice, because the alternatives were unthinkable, but I've NEVER before seen a President with such power to evoke simultaneous pride and nausea, and I pray that I never will, again.

15 posted on 01/29/2007 1:00:35 PM PST by HKMk23 (PRO-LIFE: Because a Person's a Person, no matter how small.)
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To: SwinneySwitch

How many other have or will be prosecuted. If I were a BP agent, I couldn't afford to leave any witnesses.


16 posted on 01/29/2007 1:01:59 PM PST by wolfcreek (Please Lord, May I be, one who sees what's in front of me.)
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To: RamingtonStall
What the Hell kind of Leaders are we tolerating in Washington DC?

That's the problem, we don't have any leadership in Washington, none.

Until we actually start electing leaders instead of liars we will continue down the slow road to destruction.

And yes, they are that stupid.

17 posted on 01/29/2007 1:05:39 PM PST by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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.


18 posted on 01/29/2007 1:11:35 PM PST by firewalk
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To: SwinneySwitch
Just one more example of a criminal justice system, at all levels, that is increasingly dysfunctional. The citizen is caught in the middle between the criminals on one side and the criminal justice system on the other. One of the few things the government is clearly responsible for is protecting its citizens from those who would harm them or steal from them and it has gotten itself into so many programs it has no business being in that it can't do the things it's supposed to do.

It reminds me of the Tennessee Ernie Ford hit back in the 50's, "16 Tons", where one of the lines is "if the right one don't get you, then the left one will". Of course in the song he's talking about fist, but the same can certainly be said about criminals and the system!
19 posted on 01/29/2007 1:28:03 PM PST by jwparkerjr
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To: jwparkerjr

You've got 16 tons
what do you get,
Another day older and
deeper in debt,
St Peter don't you call me
'cause I can't go!

I owe my soul to the company store.


20 posted on 01/29/2007 1:36:53 PM PST by TruthConquers (Delenda est publius schola)
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