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To: Ajnin
I know; now if you have 4 officers involved and a supervisor shows up, is he required to go to each officer and collect all the information or can he get it from one and see if the others have anything to add?

I understand that if it turns into a criminal investigation, then you have a whole different matter, but the initial incident, in itself, was not considered a criminal matter at the time, or was it?

210 posted on 09/13/2008 12:26:12 PM PDT by Marine Inspector
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To: Marine Inspector
From the 5th Circuit opinion:

The government produced evidence showing that the defendants violated a number of Border Patrol policies in pursuing and firing upon Aldrete-Davila. The defendants characterize the trial as one in which the Border Patrol policies were substituted for the actual crimes charged and that by permitting evidence that established policies were violated and strict rules were broken the district court allowed the government to avoid the more difficult task of showing that the defendants had engaged in criminal conduct.

The defendants were charged with tampering with an official proceeding under 18 U.S.C. § 1512(c) by failing to report the shooting to their supervisors. They argue on a number of grounds that such a failure to act constitutes neither tampering with evidence nor inhibiting an official proceeding, an argument that we conclude has merit.

The 5th Circuit vacated the portion of the convictions regarding "tampering with an official proceeding." Unfortunately, it is not the "meat" of the (other) convictions that are keeping Ramos and Compean in prison.

In other words, the whole "was or was not policy violated" argument is really a red herring, and taken in a light most favorable to the defense (and there is no reason we shouldn't) is still a Pyrrhic victory for Ramos and Compean.

212 posted on 09/13/2008 12:53:56 PM PDT by 1rudeboy
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To: Marine Inspector
As long as the incident is reported there is nothing in the policy that I'm aware of that requires a supervisor to interview all witnesses. However, any agent that witnesses a dishcarge of a service weapon is required to report it to a Supervisor.

A crime was committed which required the intervention of the FBI. Since the investigation and the prosecution was FUBAR we don't know exactly who committed the crime. One of the problems to understanding this case is the culture of the Border Patrol and border law enforcement. The story that Ramos and Compean told is entirely plausible because it has happend so many times before on the border. Unfortunately, for Ramos and Compean choir practice caught up with them.

214 posted on 09/13/2008 1:09:19 PM PDT by Ajnin (Neca Eos Omnes. Deus Suos Agnoset.)
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