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What Happened To Justice In America? (Compean & Ramos)
humanevents.com ^ | 08/04/2008 ET | Rep. Dana Rohrabacher

Posted on 08/04/2008 10:15:39 AM PDT by kellynla

What happened to justice in America? It certainly wasn’t served on July 28 when the 5th U.S. Circuit Court of Appeals upheld the unjust convictions of Border Patrol Agents Ignacio Ramos and Jose Compean. As it stands today, these two brave border protectors must now serve out their full 10-plus-year sentences for shooting and wounding a Mexican drug smuggler they encountered while he was carrying a million-dollar payload of narcotics along the Southern border in Texas. What started off as simple procedural mistakes by the agents has turned into an unimaginable travesty of justice unlike anything I’ve ever seen in my 30 years in Washington, D.C.

It’s difficult to reconcile why U.S. Attorney Johnny Sutton would choose to seek out drug smuggler Osvaldo Aldrete-Davila, in Mexico to offer him immunity, unconditional border-crossing cards and free medical care in exchange for his testimony against the border agents. Ramos and Compean did not wake up the morning of Feb.17, 2005, with the intention of committing a crime, unlike the illegal alien drug-smuggling “victim.” They put on their uniforms, strapped their weapons around their waists and pinned on their badges, as they had for five and 10 years respectively, with the intention of patrolling our borders to protect America.

(Excerpt) Read more at humanevents.com ...


TOPICS: Culture/Society; Editorial; Foreign Affairs; Government
KEYWORDS: aliens; badshoot; borderagents; borderpatrol; compean; dirtycops; dirtyprosecutor; houseofdeath; illegals; immigrantlist; immigration; justice; liarcops; ramos; ramoscompean; rohrabacher; sutton
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To: jagusafr

Thank you for the clarification of the process.


21 posted on 08/04/2008 12:03:39 PM PDT by iThinkBig
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To: Guenevere
It is outrageous what has been done to Compean and Ramos.

I would like to see a story about who are this Johnny Sutton, Debra, and other accomplices and their life styles. Do they live beyond their means? Are they married to spouses with drug connections? Have they a past that might lend to blackmail? It might give insight into the motive behind their outrageous behavior.

Incredible how blatantly Sutton and his gang have crossed the line. They are pushing the envelope and apparently getting away with it.

22 posted on 08/04/2008 12:12:52 PM PDT by Dante3
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To: CAluvdubya; attiladhun2
Ramos and Compean obviously made some wrong decisions on that day. But trying to push back the drug smuggler with his gun wasn't one of them, IMO. The defense team did a lousy job of adressing this issue during the trial.

I wonder what some folks here would do if they were in a similar position--with a suspect refusing to obey orders to "Stop," continuing to advance on the officer despite a shotgun being pointed at him, and coming within a threatening distance of the officer. Personally, I think I probably would have let loose with the shotgun. Instead, Compean tried to bump him back in the ditch--a perfectly reasonable action, IMO.

That some would try to characterize this (failed) action as being "clubbed with a shotgun butt" is beyond nonsense. To suggest that such a move is not a normal and reasonable defensive move is also ridiculous and just reinforces the Johnny Sutton misinformation campaign.


23 posted on 08/04/2008 12:38:12 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: WildcatClan
There were no ballistics provided and I find it very hard to believe a surgeon would not have saved the bullet for ballistics testing.

?

The bullet removed from Aldrete-Davila’s body was matched with Ramos' weapon.

24 posted on 08/04/2008 12:39:21 PM PDT by 1rudeboy
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To: jagusafr

If you read the appeals opinion, you will find that the 3-justice panel was limited in addressing certain aspects given prior rulings of the 5th circuit. The new appeal has requested a full en banc review. Hopefully, those issues will be addressed in full (and the findings in favor of the border agents).

One can hope, anyway.


25 posted on 08/04/2008 12:41:14 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: 1rudeboy
The bullet removed from Aldrete-Davila’s body was matched with Ramos' weapon.

Maybe. Maybe not. There is a lot of question as to why Ramos stipulated the bullet came from his gun. Evidence of such was never presented in court.

26 posted on 08/04/2008 12:49:13 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl
Just what level of incompetence are you willing to attribute to the defense's attorneys? What about Ramos? Was he asleep at the switch during his own trial (and pre-trial)?

Seriously, isn't he something like a 10-year veteran of the Border Patrol? Some sort of a firearms instructor? Why would he stipulate to something so fundamental (and critical) to his case based upon a "maybe?"

27 posted on 08/04/2008 12:58:24 PM PDT by 1rudeboy
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To: 1rudeboy
Just what level of incompetence are you willing to attribute to the defense's attorneys?

A lot, actually. The stipulation was one of their greatest mistakes.

28 posted on 08/04/2008 1:07:28 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: 1rudeboy; calcowgirl
Just what level of incompetence are you willing to attribute to the defense's attorneys?

I don't think calcowgirl was addressing defense counsel's incompetence, but what do you know about them, specifically Compean's?

And tell me, what defense is there except telling the truth? Ramos told exactly what he did. No other testimony could challenge what he said save for Davila(except for one hand gesture -- Juarez), who we know is a liar and a felon.

29 posted on 08/04/2008 1:07:44 PM PDT by AndrewC
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To: calcowgirl

Ok, so let’s assume Ramos’ attorney received his law degree from a Cracker-Jack box. At what point do you expect a defendant in a criminal trial to say, “the heck with that, it’s not my bullet?” He’s a veteran officer . . . not some guy with diminished mental capacity just off the street.


30 posted on 08/04/2008 1:15:17 PM PDT by 1rudeboy
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To: AndrewC

Compean’s attorney was so far out of her league, it wasn’t funny!

Stillinger was smart, but outgunned and overwhelmed.
Antcliff was pretty capable but only came it at the 11th hour.

Chris Sanchez provided false testimony about the ballistics (and other things).
Those ‘errors’ weren’t even caught by the defense team.


31 posted on 08/04/2008 1:22:30 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl
A lot, actually. The stipulation was one of their greatest mistakes.

You can say that again.

32 posted on 08/04/2008 1:23:15 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: 1rudeboy

It’s more complicated than that. There were a lot of questions as to the chain of custody of that bullet. There are even more questions as to the ballistics tests that appear to NOT have been performed by the time of their arrest, despite an affidavit by the investigator, Chris Sanchez.

Had Ramos not “stipulated” to the bullet, the prosecution would have had to make the case. Instead, once the jury decided that discharging his weapon was not appropriate, the charge of “assault” was a slam-dunk... which then led directly to the mandatory 10 year sentence. Ramos’s attorneys handed the defense the trump card.


33 posted on 08/04/2008 1:29:25 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: 1rudeboy
Ramos’s attorneys handed the defense the trump card.

Correction:

Ramos’s attorneys handed the defense prosecution the trump card.

34 posted on 08/04/2008 1:30:22 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl
The defense team argued that Ramos and Compean (one, the other, or both--don't remember) saw a weapon in Aldrete-Davila’s hand, and that the shooting was justified for that reason.

I don't see how you can turn around and argue (a variation of) "you can't prove my client did the shooting." The full weight of all the corroborating evidence places Ramos, Compean, and Aldrete-Davila at the scene, and that a shooting occurred.

35 posted on 08/04/2008 1:43:20 PM PDT by 1rudeboy
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To: 1rudeboy
At what point do you expect a defendant in a criminal trial to say, “the heck with that, it’s not my bullet?”

I don't get your point. It probably was Ramos bullet. Ramos is not lying. He shot at Davila and thought he missed him. It turns out Davila had a hole in his butt. So logically since Davila was playing Jesse Owens at the river, Compean had not hit him. Therefore the bullet belonged to Ramos. I suppose it was an error not to make the prosecution prove their case, but how would an implied denial later proven false look in relation to Ramos credibility? Having hindsight, we can see that the jury for whatever reasons they saw, believed Davila and not Ramos.(at least 9 of the 12)

36 posted on 08/04/2008 1:48:09 PM PDT by AndrewC
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To: kellynla

“It’s no secret our Southern border is a virtual war zone where our border patrol agents and local law enforcement officers are often outgunned and outmanned by the violent drug cartels. So when Agents Ramos and Compean testified they thought Davila pointed a weapon at them, wouldn’t that seem reasonable to assume given the dangerous conditions they face everyday along the border? Not according to U.S. Attorney Johnny Sutton, who decided to give the benefit of the doubt to a drug smuggler transporting a million dollars worth of drugs who said he was unarmed rather than siding with our law enforcement officers. “


37 posted on 08/04/2008 1:52:38 PM PDT by Pelham (Press 1 for English)
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To: AndrewC
...we can see that the jury for whatever reasons they saw, believed Davila and not Ramos

Because he was just a poor guy raising money to help his mama pay her medical bills. He just wanted to go home! /s

38 posted on 08/04/2008 1:54:17 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: rednesss

And hopefully you too will end up jailed for a ‘crime’ trumped up by a corrupt prosecutor.


39 posted on 08/04/2008 1:54:31 PM PDT by Pelham (Press 1 for English)
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To: AndrewC
We are discussing why the defense team, and Ramos, stipulated that it was a bullet from his gun. If the defense has chosen to create reasonable doubt that the bullet was his, then it would have called into question (but not necessarily made legally impossible) his central defense that he saw a gun.

Meanwhile, the prosecution would have relied more heavily on corroborating evidence. Again, please remember that Ramos and Compean never denied firing their weapons.

40 posted on 08/04/2008 1:56:59 PM PDT by 1rudeboy
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