Posted on 03/05/2007 9:16:23 AM PST by pissant
I would like to thank Polipundit and Michael Illions, who has been helping out my campaign, for giving me the opportunity to write a guest post about the injustice that has been done to two of our border guards, Jose Alonso Compean and Ignacio Ramos, both of whom have been sentenced to jail for more than a decade each.
Now certainly our border patrol agents are not above the law and it is not acceptable for them to abuse or mistreat illegal aliens. That being said, the Border Patrol is America’s first line of defense against the terrorists, drug smugglers, and gangs who try to illegally enter the United States. Acting as the first line of defense for our country, the men and women of the Border Patrol are in a very dangerous position. Every day they risk their lives guarding our borders.
I have read the relevant portions of the trial transcript. Agents Ramos and Compean have a version of the facts that is different than the drug smuggler’s. However, it is not necessary to determine whose testimony is more believable (although I find the Border Agents’ testimony more credible than the drug smuggler’s) for this reason: even if you believe the drug smuggler’s testimony that he was slightly wounded while escaping to Mexico, his wounding cannot, by the greatest stretch of criminal justice, justify the 11 and 12 year prison sentences given to Ramos and Compean. The average convicted murderer in America spends less than 8 1/2 years behind bars. That means that Ramos and Compean have been given murder sentences for the slight wounding of a drug smuggler. Thus, the prison sentences of these two agents represent a severe injustice.
For those who point out that the agents picked up the expended brass from their pistols after the incident and did not report it to their superiors, the answer is simply that picking up brass and failure to report is not murder and does not justify a murder sentence in the federal penitentiary. As a member of the Armed Services Committee for 26 years, I have never seen a Marine or soldier treated as severely as Ramos and Compean.
We cannot turn our back on Agents Compean and Ramos or the rest of the public servants in the U.S. Border Patrol and that’s why I urge George Bush to pardon both agents. I intend to keep attention focused on this case to insure their safety while they are in prison and to secure their release as soon as possible so they can return home to their families. That is also why I introduced H.R. 563, which would pardon Compean and Ramos. The bill already has more than 85 sponsors in the House. If that bill fails and President Bush does not do the right thing, I pledge that if I’m elected President, one of my first acts will be to grant pardons to both agents.
He wasn't 100 yards away. More like half that--or 170 feet.
There is no parole in the federal prison system. See the Sentencing Reform Act of 1984 which abolished parole for any offense occurring after November 1, 1987. Prisoners are eligible for a maximum 15% in "good time credits".
Obviously, that column was satire. Are you telling us you believed it?
6 What difference does it make whether his license was 7 expired? Jesus Christ, I mean, he is an unemployed person. We 8 all know that there's a lot of poverty in Mexico. We know why 9 people commit these crimes. We know why people bring drugs 10 into the United States. Because they don't have the money to 11 feed their families. That's why they do it.
If it's satire then backers of this shoot should cease posting it as if it were true. Doing so reveals a desperation to latch onto anything, no matter how ridiculous, that supports their position leading to an inability to separate fact from fiction.
Good post Aunt B. I don't know a lot about Hunter, but he sure is becoming interesting. He NEEDS exposure. Without it, he will get nowhere. I think my parents would even like him.
You give people way to little credit.
Most see the satire--much like they see the "bad shoot" fiction promoted by others.
Everyone knows they just come here to do the jobs Americans won't do. What, she didn't get the memo?
Goes to show my position that our own gov't 'ennobled' this drug smuggler to get a conviction.
It's in the testimony. Basic math will get you there. Start with this fact: the US Vega area is 230 feet from the levee road. Subtract from there: 230 ft - 43 ft (distance from bottom of levee to levee road) - 15 ft (distance OAD was onto vega when he shot) = 172 ft (57 yards).
I do know Ramos testified OAD was about 700 feet away from him after he swam the Rio Grande and walked up to the levee on the Mexico side. He also testified the Rio Grande is about 90 feet wide and that he shot at OAD when he was close to the brush that covers the north side of the Rio Grande.
Actually, he estimated 700 feet when he saw OAD after he walked OVER THE LEVEE on the Mexico side. 230 ft (U.S. vega) + 230 ft (Mexican vega) +90 ft (Rio Grande) + approx 100 ft (Mexican levee--43ft+43ft+width of road) + ? feet (distance OAD was beyond levee when seen) - 15 ft (distance Ramos was into U.S. vega) = at least 635 feet. Ramos' estimate of 700 feet was probably pretty good--although that has absolutely nothing to do with how far away he was when he shot at OAD on the U.S. vega.
Taking into account the other measurements provided, I think 100 yards is a good estimate and may even be on the low side.
As demonstrated, you are guessing and not using real numbers. Your number is obviously overstated.
Ramos - Cross by Ms. Kanof 76-77 24 Q. And I think your testimony of the reason that that wouldn't 25 be a threat, once he got -- how wide is the river? 1 A. I don't know exactly. Maybe 90 feet. 2 Q. That that 90 feet made you feel safe? 3 A. No, no, no. I said he wasn't a threat until he went over 4 the Mexican levee, when he was out of sight from us. I think 5 that's what I said. 6 Q. What you said, I believe, and tell me if I'm wrong, is 7 that, at that distance, he would not have been accurate. 8 A. From the other side of the Mexican levee? 9 Q. Yes. 10 A. Right. 11 Q. From wherever it was that you were testifying about. 12 A. Right. 13 Q. Okay. So -- 14 A. That's almost -- I'm going to -- I'm guesstimating almost 15 700 feet.
You are entirely missing the point:
THE SENTENCE WAS UNJUST!
Actually, that quote was from Jose Luis Gonzalez. (Volume 15, page 30)
Kanof made other outrageous comments.
>>Not taking the plea bargain was their biggest blunder next to shooting an unarmed, non threatening drug mule at 100 yards.<<
Bob, where does it say 100 yards? Think about how hard it is to to hit a person, who is in motion most of the time, on the first shot with a pistol at the length of a football field. If Ramos was really firing at a distance of 100 yards, it sounds probable that Ramos did not fire the shot that hit OAD after all. The shot could have come from Compean's gun, or from another gun.
I know that Stillinger stipulated that the bullet came from Ramos's gun, but I don't understand why, unless the prosecution convinced her that they had certain ballistics match. They didn't; the report said only that it could have come from Ramos's Beretta. Did the prosecution swindle Ramos and Stillinger into this stipulation?
Bob,
OK, in your recent post I see how you arrive at 100 yards.
Even for a marksman, a pistol shooting at a moving target at that distance?
That is pure bull!! Compean in his oral and written statements on 19 Mar 2005 and in his testimony along with Aldrete Davila in his interview on 16 Mar 2005 and in his testimony placed Davila right on the bank of the river. Ramos testimony was corroborated 100% on this item. If anybody had the clearest picture of where Davila was shot, that would be Davila, since the other witnesses to that event, Ramos and Compean, were at a slant visual picture.
11 Q. Okay. Did you state yesterday that you fell twice between 12 the levee and the Rio Grande? 13 A. No. I fell in -- in the river, when I -- when I was shot.
Plus, Ramos was not shooting blindly. He did after all hit his target. And although 70 yards is a long shot for a pistol, you can see what people are doing at that range ... Davila testified he saw them holster their guns at that range.
Calcowgirl is right on the approximate distances involved. If you want to check for yourself, google it on their map interface and then choose the satellite picture. It has rough measurements and you can see for yourself. You also continue to mischaracterize the testimony of Ramos.
Ramos - Direct by Ms. Stillinger 207 14 Q. Okay. When did you take it back out of the holster? 15 A. As soon as I cleared the ditch. 16 Q. Okay. And how long -- well, how long do you run after him? 17 A. I must have run in the vega approximately 15 feet -- I 18 don't know. It was in this area right here (indicating), I 19 would say more or less, when I yelled Parate, to him. 20 Q. Okay. And what happens then? 21 A. As soon as I yelled Parate, to him, he went like this 22 (indicating) to me. 23 Q. Okay. Now, of course, you don't have anything in your 24 hand. But they -- you could stand up, if you would. And 25 pretend that I'm you. 1 By the way, did you have -- you have your gun in your 2 hand, right? 3 A. Yes, I did. 4 Q. Are you pointing it at him? 5 A. Not at that time, because I'm still running. 6 Q. Okay. You're running with it. Okay. 7 What does he do? You -- you're -- pretend you're him 8 running away from me. What does he do? 9 A. As soon as I yell Parate -- he was running, and he went 10 like this (indicating). 11 Q. Okay. You can have a seat, then. 12 Of course, you've got a clicker in your hand, in your 13 left hand, right? 14 A. Yes. 15 Q. Okay. What did you see in his left hand that day? 16 A. I believed I saw a gun. 17 Q. Okay. Are you -- 18 MS. STILLINGER: May the record reflect that the 19 witness demonstrated turning around and shooting backwards? 20 MS. KANOF: Excuse me, Your Honor, I would object, 21 unless it reflected with his left hand. 22 MS. STILLINGER: I'm sorry? 23 MS. KANOF: I would object, unless it was accurately 24 described to the record that he did it with his left hand. 25 MS. STILLINGER: That would be fine, Your Honor. 1 THE COURT: All right. So noted. 2 BY MS. STILLINGER: 3 Q. And is that what you saw, was -- I mean, I know you used 4 your left hand. Is that what you saw? 5 A. That's what I saw. 6 Q. Okay. Are you absolutely sure that he had a gun in his 7 hand? 8 A. On that day, at that time, I believe so. 9 Q. Okay. Were you absolutely 100 percent sure? 10 A. At that time, I was. 11 Q. Okay. How about today, looking back on it? Do you think 12 he had a gun or do you know? 13 A. I can't be sure. 14 Q. Okay. You can't be sure. What do you think? 15 A. He had something in his hand.That was his testimony. Compean used the word shiny. And Kanof "testified" shiny in her cross of Ramos, but Ramos never used the term in his testimony. He responded to the questions of Kanof which had included the word shiny. This was during her badgering cross examination where she twisted and mischaracterized Ramos' testimony.
Ramos - Cross by Ms. Kanof 72 1 radio. There was more than enough of us for somebody to get on 2 the vega. I knew I was the first one through the ditch. 3 Q. Agent Compean's in shock, right? 4 A. Well, I'm not a medical doctor, but... 5 Q. But you were willing to testify to it on direct? 6 A. Well, to me, he looked like he was in shock. 7 Q. Okay. You have -- you don't have medical training? 8 A. No. 9 Q. The vega is a dangerous place, and you're running after the 10 driver, right? 11 A. Yes, ma'am. 12 Q. Okay. How far did you get before you saw this shiny object 13 in his left hand? 14 A. How far did I get where? 15 Q. Chasing him down the vega. 16 A. I must have ran -- well, past the little drag road, 15, 20 17 feet, when I yelled, Parete, and he turned around. 18 Q. Okay. You yelled, Parete, and he turned around? 19 A. Yes, ma'am. 20 Q. And was it at this time that he was, with his left hand, 21 pointing something at you that was shiny? 22 A. Yes, ma'am. 23 Q. Okay. Why didn't you shoot him then? 24 A. Because he made an overt threat at me. 25 Q. Why didn't you shoot him then? 1 A. Oh, why didn't I shoot? 2 Q. Right. 3 A. I shot at him at that time. 4 Q. Okay. You shot at him while he was still on the vega? 5 A. He was at the lip of the riverbank. 6 Q. Well, just a minute ago you said he was on the vega. 7 A. He was running in the vega. I was still running -- 8 Q. He was running and turning around and shooting all at the 9 same time? 10 A. No, I didn't say he was running and shooting at the same 11 time. 12 Q. Okay. 13 A. I didn't say he turned around until I yelled, Parete. 14 Q. Okay. So he only turned around once, then? 15 A. I only yelled Parete one time. That's when he made the 16 gesture at me. 17 Q. Okay. And you shot him and he fell? 18 A. I didn't say he fell. 19 Q. So you didn't think you shot him? 20 A. No, I didn't. 21 Q. And you didn't keep shooting at him? 22 A. I shot one time. 23 Q. Well, the threat is still there, isn't it? 24 A. He disappeared. 25 Q. He disappeared?Kanof was being an absolute ass. She knew or should have known the testimony and you can see in the above short sequence how she was lying about what Ramos testified. The following is from the direct. She knew what Ramos had testified.
Ramos - Direct by Ms. Stillinger 210 1 Q. Okay. And let me ask you -- let me back up just a little 2 bit. 3 From the time you see Agent Compean run and you shoot, 4 how -- what kind of time frame are we talking about? 5 A. A matter of seconds. 6 Q. Okay. Now, what do you do immediately after you shoot? 7 A. I pick up my gun again, reassess -- look for him again, or 8 reassess my -- reassess my target. 9 Q. Okay. 10 A. I don't see him. 11 Q. Okay. Now, where is he when -- when -- I mean, at the time 12 that you're aiming at him and shooting at him -- I don't mean 13 at the -- but at the time you're aiming at him and shooting at 14 him, where is he? 15 A. After I shot, I don't see him anymore. 16 Q. Okay. But where is he -- I guess what I mean, as far as 17 proximity to the river, where is he? 18 A. He was right on the edge.
I wonder where Kanof parked her broom when she entered the courthouse?
Really? Perhaps you could direct me to that post--I think Bob's estimate is from thin air.
It was approx 57 yards based on all testimony, not 100 yards. (See post 112) Bob citing the width of the river has nothing to do with the distance from which OAD was shot.
Her tactics are just one more reason that the OUSA and DOJ are taking such heat over this whole mess.
Quite simply, I put her as a duly deserving member of the "Win At All Costs" Gang.
(This is NOT a compliment!)
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