Posted on 12/03/2007 4:03:22 PM PST by dynachrome
The U.S. government admitted today in federal court that the prosecution's star witness in the criminal trial of Border Patrol agents Ignacio Ramos and Jose Compean – confessed drug dealer Osvaldo Aldrete-Davila – lied under oath. "He told some lies on the stand," Mark Stelmach, the assistant U.S. attorney representing prosecutor U.S. Attorney Johnny Sutton said under questioning by a three-judge 5th Circuit U.S. Court of Appeals panel in New Orleans
(Excerpt) Read more at worldnetdaily.com ...
I recommend the firing squad.
That is THE most atrocious part of the prosecution.
I am standing next to you. The party left us both - kicked us to the curb. The price they pay will be high but they need a lesson.
And let's not play games, please. It's hard enough to communicate clearly about controversial issues when we're trying to communicate simply. What do you think stinks about it?
Anybody else in government you want to assassinate while you are at it?
No assassinations. Just a trial, conviction and firing squad.
Others that deserve that fate: Murtha, Reid, Nifong, Kerry...
I want to know how many Mexican consulate types were advising Mr. Sutton on how to proceed.
I wonder what the jurors are thinking NOW!!???
As for me, I AM going to call the White House comment line tomorrow!
Conspiracy to distribute drugs—many birthdays behind bars.
Everybody involved in the prosecution should be...prosecuted.
I’m hoping that the judge will set aside the convictions because of Government misconduct. And this is crap: “18 U.S.C. Section 924(c), a law passed to require an additional 10-year minimum prison sentence, if felons in the act of committing crimes such as rape or burglary carry a weapon.”
This is very significant, because in another article i found on Blogspot, Sutton never charged Ramos-Compean with violation of this Federal Law but what he did was to take another section f the U.S. Criminal Code and used that against Ramos-Compean...Here is the exact quote from the other article, and then the URLs for the transcripts of the entire trial follows...
.imho-the case should be overturned, Ramos-Compean released immediately, Sutton should be charged with several counts of prosecutorial misconduct and violation of Ramos-Compean’s civil rights and then sent to prison himself; then disbarred and sued...Sutton/Nifong...no difference.....Ramos-Compean were railroaded....Sutton and the corrupt people who helped him should pay....
“Friday, June 29, 2007
Ramos, Compean convictions based on federal crime which doesn’t exist ...
Congressman Walter B. Jones (R-NC)
Mr. Speaker, as the Members of this House well know, in February 2006, U.S. Border Patrol Agents Ramos and Compean were convicted in a U.S. District Court in Texas for shooting a Mexican drug smuggler. They were sentenced to 11 and 12 years imprisonment, respectively, and today is the 153rd day since the two agents entered Federal prison.
What Members of this House may not know is that 10 years of each of their sentences were based on an indictment and conviction for a Federal crime that does not exist. The Federal crime they were convicted of does not exist.
The law that they were charged with violating has never been enacted by the United States Congress but rather was fashioned by the Office of the United States Attorney for the Western District of Texas, Johnny Sutton.
The law that the agents were charged with, 18 United States Code section 924(c)(1)(a) as enacted by Congress, requires a defendant to be indicted and convicted either of using or carrying a firearm during and in relation to the commission of a crime of violence or possessing a firearm in furtherance of a crime of violence.
However, neither Mr. Ramos nor Mr. Compean was ever charged with the specific elements of the crime. Instead, Mr. Sutton’s office extracted from the United States Criminal Code a sentencing factor, discharging a firearm, and substituted that sentencing factor for the congressionally defined elements of the offense.
In this case, I can imagine how difficult it would be to obtain an indictment and conviction for ``using,’’ ``possessing’’ or ``carrying’’ a firearm when the Border Agents were required to carry firearms as part of their job. That difficulty may well, very well, explain why this United States Attorney’s Office unilaterally changed Congress’s definition of a crime to a definition that would be easier to prove by the prosecution.”
June 18, 2007
Posted by Edward I Nelson at 8:25 PM 3 comments
*****************************************************
Here are the URL’s for the Transcripts of the Trial...
Wednesday, February 14, 2007
Actual Transcripts of the Ramos-Compean Trial
For those of you who really wish to know what happened, please copy and paste the URL’s below into your browser and start reading.
VOLUME I:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%201.pdf
VOLUME II:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%202.pdf
VOLUME III:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%203.pdf
VOLUME IV:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%204.pdf
VOLUME V:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%205.pdf
VOLUME VI:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%206.pdf
VOLUME VII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%207.pdf
VOLUME VIII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%208.pdf
VOLUME IX:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%209.pdf
VOLUME X:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2010.pdf
VOLUME XI:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2011.pdf
VOLUME XII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2012.pdf
VOLUME XIII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2013.pdf
VOLUME XIV:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2014.pdf
VOLUME XV:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2015.pdf
VOLUME XVI:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2016.pdf
VOLUME XVII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2017.pdf
VOLUME XVIII:
http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2018.pdf
Posted by Edward I Nelson at 9:47 AM 2 comments
Damn good idea.
Once again a case would have had a totally different outcome if jurors knew their rights.
18 U.S.C. Section 924(c),
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TITLE 18 > PART I > CHAPTER 44 > § 924Prev | Next § 924. Penalties
How Current is This? (a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922 (l); or
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly—
(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or
(B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one year, or both.
(4) Whoever violates section 922 (q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922 (q) shall be deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both.
(6)
(A)
(i) A juvenile who violates section 922 (x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.
(ii) A juvenile is described in this clause if—
(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922 (x)(2); and
(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922 (x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates section 922 (x)—
(i) shall be fined under this title, imprisoned not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.
(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.
(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.
(c)
(1)
(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
(B) If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this subsection, the person shall—
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
(D) Notwithstanding any other provision of law—
(i) a court shall not place on probation any person convicted of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1901 et seq.).
(3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and—
(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section—
(A) be sentenced to a term of imprisonment of not less than 15 years; and
(B) if death results from the use of such ammunition—
(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.
I don't necessarily disagree with what you are saying (that that is the President's reasoning), but how could it actually hurt Republican candidates?
The President should say: We are pardoning these men. End of discussion.
I am sure I am missing something, but I'm not sure why these men aren't free now, as I truly do not see a downside to a complete & immediate pardon. They should never have been prosecuted in the first place
In Jan 2005 he made a deal with the devil and discarded us as no longer useful. We simply need to get over it and deal with it accordingly.
Don't you remember? Some of them are on RECORD as saying they'd NOT have voted guilty if all of the evidence had been presented at trial...!!!
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