Posted on 02/01/2007 9:01:42 AM PST by calcowgirl
Suspect in case against border guards given free pass on charges
The judge in the high-profile case of two U.S. Border Patrol officers imprisoned after shooting and wounding a Mexican drug smuggler allegedly sealed key testimony and issued gag orders preventing the defendants, their families and trial participants from discussing the smuggler's involvement in a second drug bust – for which he again was granted immunity in order to testify against the agents.
According to Andy Ramirez, chairman of Friends of the Border Patrol, and reliable sources close to the case, Osbaldo Aldrete-Davila was apprehended in an October 2005 drug bust with 1,000 pounds of marijuana. That incident followed the Feb. 17, 2005, confrontation with Ramos and Compean in which Aldrete-Davila drove a van illegally across the Texas border into Mexico with 743 pounds of marijuana. Ramos and Compean were convicted for their actions surrounding the shooting of drug smuggler and sentenced to 11 and 12 years in prison respectively.
Ramirez told WND that Aldrete-Davila had been positively identified in a drug bust just prior to the Ramos-Compean trial, which began Oct. 17, 2005.
"When Johnny Sutton learned that Aldrete-Davila was involved in this second bust, he panicked," Ramirez said. "If the public learned that Aldrete-Davila came back to the United States a second time with another load of marijuana, Sutton was sure that would blow his case against Ramos and Compean."
The prosecutor, U.S. Attorney Johnny Sutton, previously has denied there was a second arrest. But sources say Aldrete-Davila technically was apprehended for the second incident, and not arrested, on condition he testify against Ramos and Compean.
Yesterday, Sutton's spokeswoman, Shana Jones, declined to answer specifically whether there was a second border incident of any kind involving Aldrete-Davila. She told WND the attorney's office is standing on its original statement that there was no arrest, no indictment and no prosecutable evidence.
According to reliable sources close to the case, Sutton asked Judge Kathleen Cardone to seal the records involving Aldrete-Davila's participation in the second drug bust. Subsequently, Aldrete-Davila's name was expunged from the law enforcement records concerning the October 2005 incident at the request of Sutton's office.
Cordone's gag order in the trial covered any discussion by the attorneys or the families of the officers concerning Aldrete-Davila's second drug bust.
WND was told that Sutton withdrew a Resident Alien Card, commonly known as a "green card," from Aldrete-Davila after the October 2005 drug bust. The green card originally had been given to Aldrete-Davila as an inducement to return to the U.S. and testify as a star witness against Ramos and Compean under a grant of immunity from prosecution.
WND has learned the witness who identified Aldrete-Davila in the second drug incident was identified as "Toquinto."
Toquinto is the surname of Border Patrol agent Rene Sanchez's mother-in-law, as noted in the Department of Homeland Security Memorandum of Activity report filed by DHS Special Agent Christopher Sanchez, dated March 14, 2005.
As previously reported by WND, Renez Sanchez and Aldrete-Davila grew up together in Mexico. The information that Aldrete-Davila was the Mexican drug smuggler involved in the Feb. 17, 2005, incident with Ramos and Compean originated in a phone call between Sanchez's mother-in-law, Gregoria Toquinto, and Aldrete-Davila's mother, Marcadia Aldrete-Davila.
Prosecutor Debra Kanof of Sutton's El Paso office told the defense counsel and the court at the Ramos-Compean trial, without the jury present, Aldrete-Davila was pleading a Fifth Amendment privilege not to testify against himself in "any other criminal activities."
The indictment against Aldrete-Davila for the October 2005 drug incident reportedly was sealed at Sutton's request in order to preserve Aldrete-Davila's credibility as the government's star witness against Ramos and Compean.
Sanchez testified at the Ramos-Compean trial as a character witness for the drug smuggler, with whom he had grown up in Mexico.
WND has asked several Ramos and Compean family members to verify this account, but all declined, expressing fear that Cardone would then have reason to prosecute them for violating the gag order.
Both wives told WND that Sutton would prosecute them for contempt of court and would not hesitate to put them in prison if they talked about any information covered by the gag order.
Ramirez said that after Sutton learned about Aldrete-Davila's second drug bust, he "made sure nobody would ever be able to prove anything about it."
"Sutton took back the green card he gave Aldrete-Davila as an inducement to testify against Ramos and Compean under immunity, and he refused to give Aldrete-Davila any more medical care at government expense at the Army hospital in El Paso."
Ramirez asserted that on the day the jury was being picked, the prosecution asked for postponement of the trial – not because Aldrete-Davila needed additional medical surgery in El Paso as the prosecution claimed, but because the prosecution needed time to cover up the second drug bust.
"Aldrete-Davila never was taken to El Paso for another operation," Ramirez told WND. "It was all a lie. All Sutton wanted to do was to seal and then expunge the criminal records on the second drug bust, so nobody would ever be able to prove anything against his drug smuggler witness. If the second drug bust had come out to the jury, the jury would never have believed a word he said."
At Sutton's request, the Ramos-Compean trial was postponed from its originally scheduled October 2005 date to February 2006.
In his Jan. 19 interview with WND, Sutton claimed he would have been willing to prosecute Aldrete-Davila if he could prove a second offense.
"If I had a provable case that Aldrete-Davila had committed other crimes, I could prosecute him."
WND called Cordone's office but was told the judge would answer no questions from the press about the Ramos-Compean case.
Her office refused to tell WND when or if a trial transcript would be available, or how much a copy of the trial transcript would cost.
The judge's office also refused to explain why the court was taking nearly a year to prepare and release the transcript.
Many Freepers are not defending these Agents. They violated their own procedures, and probably their oath of office. Suspend them w/o pay. Fire their butts. What? They're the first BP agents who screwed the pooch? Hardly.
[Rene] Sanchez testified at the Ramos-Compean trial as a character witness for the drug smuggler, with whom he had grown up in Mexico.
But don't have another LEO come into court and act as a character witness for a dope smuggler. Don't give the SOB immunity for a second, un-related crime. This René Sanchez has known this dope peddler for life and never arrested him? Why isn't Sanchez under sanction from his department?
Sanchez' mother drives an illegal alien across the border? WTF? Over.
Dirty border. Dirty Cops. Dirty Mother. Dirty US Att. Dirty Drug Money. This whole thing is just embarassingly dirty. What comes out in the wash ain't gonna be pretty.
And yet I'm supposed to believe that Ramos and Compean are as pure as the driven snow and walk on water.
Jeez, read the damn post.
I am not for cutting these two BP bozos any slack, as should be plain.
Neither am I in favor of US Attorneys getting in bed with imported dope-smuggling bozos, especially immunizing this imported scumbag from charges on subsequent crimes. By all means punish these BP guys for whatever the hell it is they did, if anyone can figure that out at this point, and prove it.
Neither am I in favor of this René Sánchez being the "best friend" of a known dope smuggler. Do you not find it odd that the immunized dope dealer, illegal border-bounding smuggler, and known criminal, should use a sworn American Peace Officer as a CHARACTER REFERENCE? Since he has obviously known for years that Aldrete is a dope-runner, why in hell hasn't he arrested him?
IMHO, Sutton and his crew have altogether too many strange cross-border connections. Look it up. He has done the same thing the two agents did, viz, screw up a criminal case by using extra-legal means to railroad these guys with a sweetheart judge and a dumb jury, as I am reasonably certain will be shown in the near future during the appeals process.
I am also reasonably certain that the administration is looking for a face-saving way of getting itself out of this mess and getting these two BP agents out of jail, so they can be handled administratively, fired, canned, censured, suspended, etc.
PS I would also like to see the jury in the case sign up for a Junior High GED course.
The record will show just what took place in 'chambers' and nonpublic hearings to suppress the truth.
The sidebars alone will reveal the fact that Sutton is lying.
I've been amazed on here about how many people just blindly support two people that they have never met and have no idea of their integrity. Yet they seem willing to invite them over to date their sister. Not me. They started this entire ordeal off with some pretty poor decisions.
prosecutorial games AGAIN!
Until prosecutors start losing their licences to practice law, these games will continue unabated.
I am shocked the judge even allowed such manipulation of the record.
If this were a private practice attorney the bar would have sought an emergency suspension. (see air tran airplane crash in the everglades.)
And yet, in this case, even though "justice" was not obstructed, the feds acted like an arm of the Mexican drug cartel. Could Johnny Sutton have done more for the invading drug dealer if he was on Mexico's payroll?
Libby prosecutor
It's in Sutton's statement, and there has been no evidence presented to contradict his statement. As the prosecuting attorney and the person responsible for issuing the immunity, he is an expert source for that information, and without provable testimony of impeachment there is no basis on which to believe otherwise.
Unlike the defense, and WND, Sutton's JOB is to tell the truth in these matters, and if he was found to be lying he could lose his job. And it would be trivial to prove he was lying.
So the assertion that he's lying is on a very shaky foundation. Is it possible he is lying? Sure, anybody could lie. But at the moment, the only reason for anybody to believe he is lying is that, in order to believe the BP agents are innocent, Sutton HAS to be lying. It's not a proof, it's wishful thinking.
The indictment against Aldrete-Davila for the October 2005 drug incident reportedly was sealed at Sutton's request in order to hide the fact that Aldrete-Davila's had NO credibility as the government's star witness against Ramos and Compean.
Words cannot describe how much I abhor Johnny Sutton."
What about the judge who"
"The indictment against Aldrete-Davila for the October 2005 drug incident reportedly was sealed at Sutton's request in order to preserve Aldrete-Davila's credibility as the government's star witness against Ramos and Compean."
Not only sleazy, but criminal.
Sounds like the judge and the prosecutors committed perjury
to win their case.
I haven't seen anyone blindly supporting the agents. I have seen people who smell a skunk and find Sutton's barrage of press-releases and media appearances and stories told by DHS to several Congressman as not credible.
What statement is that? I haven't seen any mention in any of his 8 press releases, or the various articles of a temporary visa.
As the prosecuting attorney and the person responsible for issuing the immunity, he is an expert source for that information, and without provable testimony of impeachment there is no basis on which to believe otherwise.
I was asking about the visa you mentioned. What are you talking about?
Unlike the defense, and WND, Sutton's JOB is to tell the truth in these matters...
Then why doesn't he, instead of going on the media circuit saying that the BP agents willfully shot an unarmed fleeing subject in the back, without sharing the pesky details that the story is based solely on the word of an alien drug smuggler who was given immunity (with help from his lifelong buddy, agent Sanchez--also given immunity) and contradicts the stories of the agents? Sutton spins--that is not truth.
""The drug smuggler is not living in the United States. He was granted a temporary visa solely for the purpose of giving testimony. ""
He is back in Mexico... maybe. He may be bringing more dope over.... but we are not sure.
What a country!
Surprise, surprise. no Im not surprised.
Whew. Good post.
Just so you're not left hanging, here is the post I think was referenced in Charles' post:
http://www.freerepublic.com/focus/f-news/1769226/posts?page=44#44
I'm with Charles on this. Until I see actual evidence—not innuendo or rumor or guessing—this is the definitive statement. If it easily proved wrong, do it.
To many people are being Nifonged.
LOL. If that was posted during the day, it could'a been a bench clearer!
Ouch! that'll leave a mark.
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.