Posted on 09/12/2008 6:00:19 AM PDT by kellynla
EL PASO, Texas — Two former Border Patrol agents convicted of shooting a drug smuggler and trying to cover it up have been denied a request for a new hearing.
The 5th U.S. Circuit Court of Appeals in New Orleans denied the request by Ignacio Ramos and Jose Alonso Compean on Wednesday. The same court upheld the men's convictions in July.
No reason was given for the Wednesday's denial.
Ramos and Compean are each serving sentences of more than 10 years for shooting Osvaldo Aldrete Davila in the buttocks while he was fleeing from an abandoned marijuana load in 2005.
Aldrete was sentenced to 9 1/2 years in prison for his role in two seperate smuggling efforts later that same year.
(Excerpt) Read more at newsmax.com ...
I think he's working off of Compean's own testimony.
lol, oh, thats my mistake. I was under the impression law enforcement officers were only supposed to shoot at criminals. Instead they go to prison for shooting criminals and get medals for shooting at innocent people. What a bizarre upside down world law enforcement officers live in.
The unarmed ones running away, perhaps.
Aldrete-Davila isn't exactly Larry Davis.
Considering, this isn't even the charge they are in jail for, your argument fails in the first line.
The prosecutor played it safe and charged them with assault with a dangerous weapon.
He was guaranteed a conviction on that charge, even though he had sufficient evidence to charge them with attempted murder.
That's his judgment call, and not one I would have made.
This was a travesty of justice from the get go. Figures you'd come down on the side of some black robed pervert instead of Justice.
Your weakness in constructing rational arguments to support your emotional outbursts is still on display.
The fact is that Compean was an embarassment to the Border Patrol - a ticking time bomb that was bound to go off. The fact that a huge liability like him was allowed to tarnish the service and bring down fellow agents means that there is a reason why our Border Patrol has been so ineffective.
Instead of encouraging incompetents like Compean we should be encouraging excellence.
You are familiar with the Constitution, yes?
I hate to rain on your parade, but Ramos and Compean were charged with attempted murder. They were found not guilty on that charge even though they admitted shooting to kill. To me the testimony clearly indicates that they were justified in the shooting.
“Only to be arrested later doing the same thing, while Johhny “Screw America” Sutton made the jury believe he was just a victim of thuggish border guards.”
“The jury, the trial judge, three District Court judges, and now a number of Appeals Court judges.
“
ONLY the jury has ever answered the question of guilt. The other judges only answered questions of procedure.
He would never have been able to do it again if Compean had done his job properly the first time.
You were there??
Was I there? No, I'm just one of the few people who bothered to read the testimony of the people who were there.
Including the testimony of Compean, who admitted to his incompetence on the stand.
Sounds to me like you are pro illegal alien and anti Border Patrol.
Anyone who approves of the job Compean did - i.e. letting an illegal drugrunner escape and providing the illegal drugrunner with a great excuse to avoid prosecution - is an advocate of the illegal drugrunner.
And anyone who approves of the job Compean did clearly has utter contempt for outr Border Patrol, since they assume that Compean's behavior was standard for the Border Patrol.
Absolutely unbelievable! We need to join Duncan Hunter in demanding their pardons.
I stand corrected.
That was indeed count 1 of the indictment and I erroneously focused on counts two and three. My mistake.
To me the testimony clearly indicates that they were justified in the shooting.
The testimony discloses that Aldrete-Davila was unarmed and fleeing.
In those circumstances, trying to kill him could never be justified.
In other words, the jury answered the question of guilt, and now a series of judges has not found any problem with the way the jury did it.
How? Your ego is amazing.
The existing Democrat-crafted immigration laws are stupid and counterproductive. They reward sloth and punish industry, and they prioritize blood instead patriotism. Those laws need to change. If you advocate nothing more than enforcing the existing broken laws, you're not much help.
So, craft new laws and they won't be required to enforce them either. Weakening the requirements is the only thing I have heard from either McCain or Obama. We need strong borders strictly enforced.
“providing the illegal drugrunner with a great excuse to avoid prosecution “
He did no such thing. That is simply your biased opinion. Sutton gave the drug runner the excuse by refusing to properly prosecute to include doing his best to convice the jury there was no gun. A prosectuor can get a jury to convict a ham sandwhich by distoring the truth as Sutton did.
Probably. But it wasn't a mistake. That's the rock that just tore a hole in the bottom of your boat.
“In other words, the jury answered the question of guilt, and now a series of judges has not found any problem with the way the jury did it. “
Who cares about that jury; they are not the question. You seriously need to get with the point here. The question was about the withholding of evidence and the presenting of evidence unfavorably. The fact is, judges rarely go against Whitehouse orders and I personally believe this is a Bush interest as he has said clearly that he believes C&R are guilty. Judges like to get promoted and have other favors just as much as any other political crook.
Keep it personal - good strategy.
By doing a terrible job of stopping Aldrete-Davila and then by shooting at him after he was already flying past them they guaranteed that he would get away and that he would never be charged for what he had just done.
If they were protecting me, Compean would have stopped Aldrete-Davila when he had a chance - but he was too out of shape to do so.
If they were protecting me, they would not have fired at him and given him an immediate pass, but they would have carefully documented his criminal activity and fully investigated his crime.
Instead, they tried to pretend nothing happened.
So, craft new laws and they won't be required to enforce them either. Weakening the requirements is the only thing I have heard from either McCain or Obama. We need strong borders strictly enforced.
Some reforms I would make:
(1) No more family reunification. No more lotteries. Only able-bodied, healthy, young and non-criminal immigrants.
(2) Any aliens who commit crimes on US soil are to have their DNA entered into a master database. That way all this usage of different names and IDs becomes pointless.
(3) Put large bounties on coyote's heads - dead or alive. Anyone who brings in a coyote gets full citizenship - unless they are particularly egregious felons themselves.
(4) Build a fence at the important checkpoints with concentration zones and RRTs.
I could go on, but these alone would radically deincentivize our current situation.
As for judges rarely going against White House orders, that's just laughable. Please quit before you start going backwards.
Of course he did.
That's obvious.
That is simply your biased opinion.
No, it was Compean's opinion.
Which is why he tampered with the evidence at the scene to cover up his incompetence.
Sutton gave the drug runner the excuse by refusing to properly prosecute
Aldrete-Davila was unprosecutable. The most brain-dead defense attorney could have thrown out all the physical evidence with a pre-trial motion, because Compean tampered with the physical evidence.
Without any evidence, you cannot prosecute.
That should be glaringly obvious.
Seconds after he fired those rounds Compean began tampering with evidence, gauranteeing that Aldrete-Davila would never be prosecuted for that crime.
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