
INVASION USA
Congressman: Probe Mexico's role in prosecutions
Documents show pressure on U.S. from south in cases of sheriff, border agents
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Posted: February 15, 2007
1:00 a.m. Eastern
By Jerome R. Corsi
© 2007 WorldNetDaily.com
Rep. Dana Rohrabacher, R-Calif.
A Republican congressman is asking a Democrat colleague to hold hearings to investigate the involvement of the Mexican government in the decision to prosecute Texas Deputy Sheriff Gilmer Hernandez and Border Patrol agents Ignacio Ramos and Jose Compean for shooting incidents involving illegal immigrants.
Rep. Dana Rohrabacher, R-Calif., told WND his office is writing a memo to Rep. William Delahunt, D-Mass., after WND's story this week disclosing the involvement of the Mexican Consulate in both cases.
"It appears we are giving more credence to directions from Mexican government officials than we are to the dictates of our own Constitution and the security of the people of the United States," Rohrabacher told WND.
(Story continues below)
The congressman is the ranking Republican member of the Subcommittee on International Organizations, Human Rights, and Oversight of the House Foreign Affairs Committee. Delahunt has taken Rohrabacher's place as chairman.
The congressman said he was pleased to see the transcript of the Ramos-Compean trial finally available, some 11 months after the conclusion of the trial.
"Now that we have the transcript of the trial," Rohrabacher told WND, "the case can go to an appellate judge who can overturn Judge Kathleen Cardone's decision to imprison Ramos and Compean while they appeal the conviction."
Rohrabacher expressed anger that Ramos and Compean are currently in federal prison.
"The only reason these two Border Patrol agents are in federal prison today," he told WND, "is because of a mean-spirited president who wants to squash people like a bug if they do anything that contradicts his open border policy."
Rohrabacher added, "We have to make sure we save the lives of agents Ramos and Compean. This is our first priority. These two brave heroes are now in jeopardy and their lives are at risk."
WND previously reported Ramos was beaten in the federal prison by a group of inmates believed to be Hispanic illegal immigrants, following the TV broadcast of an "America's Most Wanted" show that featured a segment on the case.
"The president has things all mixed up," Rohrabacher said. "We're supposed to side with the law enforcement officers, not the drug dealers. We're supposed to be interested in the security of our borders in order to protect American citizens rather than to make Mexican government officials happy."
Last month, Rohrabacher obtained a ticket for Monica Ramos, the wife of the imprisoned Border Patrol agent, to attend Bush's State of the Union Message.
WND also received comment from Rep. Duncan Hunter, R?Calif., whose office issue an e-mail saying the revelations about Mexican involvement "raise more questions about the validity of the conviction and reaffirm why a review of the case is necessary immediately."
"Too many questions have been raised to allow this conviction to stand without a close and unbiased review," the statement said.
WND reported Hunter has sponsored a resolution calling for a congressional pardon for Ramos and Compean. His office confirmed the resolution now has 82 co-sponsors.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=54268
National Border Patrol Council's rebuttal to the misrepresentations of the US Attorney's office of the Western District of Texas concerning the prosecution of Border Patrol agents Ramos and Compean.
_________________________ DO YOUR JOB - GO TO JAIL! FROM: http://www.local2544.org/ The clear message from the Bush Administration - don't arrest anyone and leave the borders wide open. 01-19-07 The National Border Patrol Council has issued a statement regarding the lies coming from Johnny Sutton. Sutton is a Bush hack who gleefully locked up two fine men for doing their jobs. This clown actually thinks drug smugglers are truthful human beings who deserve immunity from multiple drug smuggling offenses so they can lie in court (note to Sutton: drug smugglers are extremely ruthless individuals with no honor who will do anything for a buck - they even kill Border Patrol agents on occasion). We hope Sutton is proud of himself for what he's done. He's succeeded in ripping two of this country's finest from their wives and children so they can spend 11 and 12 years in a Federal penitentiary for doing their jobs. SHAME ON YOU SUTTON! SHAME ON YOU PRESIDENT BUSH FOR SITTING ON YOUR CAN AND DOING NOTHING ABOUT THIS! Watching these two men get locked up was the most shameful day in the history of the United States Border Patrol. The justice system has finally been completely turned on its head after years of teetering on the brink. Border Patrol agents are criminals who deserve to be locked up if they even look at somebody wrong, and illegal aliens are heroes who are supported by the top layers of our Federal government. The old adage "Big cases, big problems. Small cases, small problems. No cases, no problems." has been proven correct again. And our managers wonder why so many Border Patrol agents are frantically scrambling to get out of field enforcement work in favor of details and assignments to non-enforcement positions. Could it be because we are not supported properly and we are abandoned and thrown to the wolves when the going gets tough? Read the statement on the disgraceful Sutton here. Attention Agents: This could be you if the U.S. Attorneys office decides to persecute you for doing your job. Don't think it can happen? You better think twice. 01-24-07 Ramos is being held like an animal in solitary confinement. He sits in a 6X12 cell for 23 hours every day with no TV, no phone, and nothing to do except read books. He is allowed 1 hour each day to exercise, make phone calls, get books to read, etc. He is heavily shackled when he visits with his wife through a glass wall. All this for doing his job. Sutton and Company must be extremely pleased that Ramos and Compean are being treated this way. Great job Ms. Kanof. Two good agents are being treated like mass murderers. Read an article here.
Wrong law used to convict Border agents By Jerome Corsi posted on World Net Daily What crime is committed when two Border Patrol agents shoot in the buttocks a fleeing drug smuggler who has abandoned a van containing 743 pounds of marijuana? Rep. Walter B. Jones, R-N.C., has on record a letter written to Attorney General Alberto Gonzales on Oct.11, 2006, charging that Border Patrol Agents Ignacio Ramos and Jose Alonso Compean were charged under a statute that did not apply to the facts of the case. As previously reported by WND, the interview I conducted on Friday, Jan. 17, 2007 with the prosecutor, U.S. Attorney Johnny Sutton, adds strong support to Rep. Jones's contention. Jones notes that Ramos and Compean were convicted of violating 18 U.S.C. Section 924(c). This statute was written to increase the penalties when a violent criminal, such as a drug trafficker or a rapist, carries or uses a weapon during the commission of the crime. Law enforcement officers, including Border Patrol agents, are issued weapons by the Border Patrol to carry in the normal pursuit of their duties. Ironically, Ramos and Compean were trying to apprehend an escaping suspect who was a drug smuggler. How is it that a law meant to punish armed drug smugglers is applied to prosecute the two Border Patrol agents who attempted to apprehend a person U.S. Attorney Johnny Sutton properly characterizes as a drug-dealing ''dirt-bag?'' Jones notes that 18 U.S.C. Section 18 U.S.C. Section 924(c) has only been applied to law enforcement officers who themselves commit heinous crimes, such as sexual assault, outside the scope of their official duties. As Jones writes, ''Ramos and Compean were within the scope of their official duties when they fired at an illegal drug smuggler they believe to be armed and dangerous.'' Besides, Sutton never argues that Ramos and Compean were committing a crime they aggravated by discharging weapons. Sutton's contention is that Ramos and Compean's crime was that they discharged weapons at all. This is a distinct fact situation from the one 18 U.S.C. Section 924(c) was passed to involve. Consider this exchange from my interview with Sutton: Sutton: The law applies to everyone. And there is no exception for law enforcement officers made. Again, let's examine the next exchange in the interview with Sutton: Sutton: I can't speak to what the Congressional intent was. All I can speak to is what the law says and the law says what it says, and it doesn't make any exception for law enforcement officers. It says that if you commit a crime of violence and you use a firearm during a crime of violence, it's ten year mandatory minimum stacked on top of what time you already have. No exception is made for law enforcement officers. The judge applied the law and if people want to change the law, then you can talk to their representatives. As Jones rightly concludes, ''The application of Section 924(c) in this case is overly broad, setting a dangerous precedent of application to law enforcement officers trying to act within the scope of their official duties.'' Jones is correct. On appeal, the convictions should be dismissed because the prosecutor charged these Border Patrol agents under a law whose scope was clearly misapplied. The real issue in this case should have been whether Ramos and Compean had justification for discharging their weapons in this situation. The applicable law would seem to first involve the INS Firearms Policy. In that policy, there appears to be the following. Section 7(B). Firearms may be discharged under the following circumstances: (1) When the officer reasonably believes that the person at whom the firearm is to be discharged possesses the means, the intent, and the opportunity of causing death or grievous bodily harm upon the officer or another person. Sutton: That's correct. WND: Is Ramos that much better a shot than Compean? Sutton: Ramos is a marksman. WND: And Compean doesn't seem very competent? Sutton: Well, get your adrenalin pumping some day and go to the target range one day and try to hit the target. It's sometimes harder than you think. Moreover, in the interview, Sutton repeats almost as a litany a series of faults he has with the Border Patrol agents' conduct, including Sutton's conclusion that since Osbaldo Aldrete-Davila had his arms up at one point in the exchange, evidently wanting to surrender, the suspect must have been unarmed. Yet, when agent Compean slips in the mud, Aldrete-Davila takes off trying to escape. Simply because Aldrete-Davila did not fire a weapon back at the agents does not allow us to conclude that he did not have a concealed weapon at the time. Maybe Osbaldo Aldrete-Davila had a concealed weapon he decided not to use, thinking that he only had a brief window where he could flee the scene and it would be better to keep running than to stop so he could shoot back at the agents. Maybe Aldrete-Davila judged that if he had stayed to engage in a gun battle with the Border Patrol, he might have been himself killed or injured in the gun fire. Certainly, Aldrete-Davila had reason to fear he was going to prison if he got apprehended. Sutton himself accepts this conclusion as evidenced by the interview: Sutton: I'm sure he ran because he didn't want to go to jail. He's like all these other dirt-bag drug dealers; they don't want to get caught. We catch them every day and they know that when we catch them, they're going to go to prison. An additional indisputable conclusion we must finalize is this: Since Osbaldo Aldrete-Davila managed to run away and escape back into Mexico across the border and was never apprehended by the U.S. Border Patrol, truthfully nobody will ever know if he did or did not have a concealed weapon on him at the time. From that conclusion follows this corollary: Because Osbaldo Aldrete-Davila got away, there is no argument the government can make that would prove beyond a shadow of a doubt that Aldrete-Davila was unarmed. If Border Patrol Agents Ramos and Compean had properly been prosecuted under the relevant provisions of the INS Firearms Policy, the issue before the jury would have been limited to an investigation of the reasonableness of their firing at a fleeing suspect they had reason to believe was an armed drug dealer. Let's face it ? how many drug dealers smuggle drugs unarmed? The trial testimony shows that electronic sensors had warned Compean that Aldrete-Davila's van had crossed the Rio Grande illegally and was headed into the United States. Why was Osbaldo Aldrete-Davila driving a suspicious van on a route the Border Patrol agents knew from previous experience was a route routinely used by drug smugglers along our largely wide-open border with Mexico? Next, why did Aldrete-Davila turn his vehicle around after Border Patrol Agent Oscar Juarez began pursuing him if his goal wasn't to try to escape back to Mexico on the dirt farm roads that headed back to the river? How many job-seeking illegal aliens drive their cars into the U.S., only to turn and lead a wild pursuit along back roads in a desperate attempt to get across the Rio Grande before they're arrested? Instead of presuming that Border Patrol Agents Ramos and Compean were guilty of criminal behavior, as the indictment suggested, the inquiry at the trial should have focused on how reasonable their assumption was that they were pursuing an armed and dangerous drug smuggler who had tried to escape first in his van, then on foot. Clearly, this was not the case where experienced Border Patrol agents such as Ramos and Compean would have thought they were dealing with an obviously unarmed Mexican who crossed the Rio Grande illegally only because he wanted to get work to feed his starving family. Yet, from the trial record, this preposterous theory was what the government wanted the jury to presuppose. The government dared to suggest to the jury with a straight face that Aldrete-Davila might have been a harmless, unarmed Mexican who crossed the Rio Grande merely to find work. Moreover, the prosecution proposed that in running from the vicious Border Patrol, all Aldrete-Davila wanted to do was to go back home to his poor family. As ridiculous as these assertions seem, there are statements in the trial where the prosecutors asserted exactly this, virtually word for word. Too bad for the prosecutors that Aldrete-Davila just happened to run away from and leave behind a van with the 743 pounds of dope packed inside, instead of newspapers with ''Help Wanted'' ads circled. The U.S. Army doctor who removed the bullet testified at the trial that the drug smuggler was not shot from behind, but that he removed the bullet from the side, with the bullet piercing the left side of his left buttock and traveled to his right groin. The doctor stated that Aldrete-Davila was in a running position when he was shot, consistent with pointing back toward the agents with his left arm and hand when the bullet hit him in the rear end. This is consistent with the testimony of the agents that they saw Aldrete-Davila pointing something back at them which they believed to be a gun. Moreover, why would Ramos or Compean have any reason to believe Aldrete-Davila was hit by any of their shots? From the testimony at the trial, Aldrete-Davila got across the Rio Grande and disappeared into the tall, thick brush along the river. A short time later, Border Patrol agents observed Aldrete-Davila running across the dry river bed where he jumped into a waiting vehicle with two other suspects. Yet, from the get-go, Sutton cleverly reframed the issue to bias the trial in the government's favor. This was the point of charging Ramos and Compean inappropriately under 18 U.S.C. Section 924(c). The statute presumes those charged, namely Border Patrol Agents Ramos and Compean, were involved in the commission of a crime when they fired their weapons. This is totally inaccurate and misleading given the facts of the case. Yet, the presumption of 18 U.S.C. Section 924(c) ? that criminal behavior was already being conducted by the accused ? appears precisely suited to the impression Sutton wanted to create. The criminals here, according to Sutton, are the law enforcement officers. Every presumption Sutton made was sympathetic to the drug dealer in this case. If any criminal action were ever to be brought in this issue, an unbiased prosecutor would have brought charges accusing the Border Patrol defendants of discharging their weapons inappropriately under the provisions of the INS Firearms Policy, not for violating 18 U.S.C. Section 924(c). The suggestion in the indictment itself was that the Border Patrol agents were somehow already criminals when they fired their weapons. By charging the agents under an inappropriate statute, prosecutor Sutton focused the inquiry on the supposed criminal behavior of the agents, rather than on the narrow issue of whether the Border Patrol agents had reasonable cause to believe the fleeing suspect was a drug-smuggling criminal who most likely did have a concealed weapon on his person. There is a long and involved body of law that has evolved over decades concerning whether law enforcement agents are justified in discharging their weapons at fleeing suspects. The limits of credibility are stretched in this case to believe that Border Patrol Agents Ramos and Compean acted in a criminally inappropriate manner, especially when the fleeing perpetrator (described now by the prosecutor as ''scum'') was found to have driven a van with 743 pounds of marijuana across our border with Mexico. There is nothing in this case, except the subtle presumption framed by the indictment, to suggest that Aldrete-Davila was anything but a criminal perpetrator. How can anyone fail to notice that the U.S. Attorney's office has in this case managed to transform a drug-smuggling perpetrator into the victim? We should also note that one reason the prison terms of 11 and 12 years served up to Ramos and Compean respectively seem excessively harsh is because 10 years is the mandatory prison term attached to violations of 18 U.S.C. Section 924(c), as my interview with Sutton also made clear. This is the added penalty which the legislators who wrote 18 U.S.C. Section 924(c) felt anyone already committing a serious crime, such as drug smuggling or rape, should have to pay as an add-on for the additional offense of carrying or discharging a firearm in the omission of the drug smuggling offense or rape. In other words, the excessive jail terms given Ramos and Compean is additional evidence that prosecutor Sutton brought the indictments under an inappropriate statute. Sutton had the option of investigating in Mexico to find the perpetrator, even if the evidence on the scene was minimal. Again, a section of the interview with Sutton is relevant. Sutton: Absolutely. This is what my office is dedicated to. We think smuggling drugs into this country is a serious crime. We prosecute those cases every day. We are one of the highest producing U.S. Attorneys offices in the United States, if not the highest for drug prosecutions. We are very aggressive. We prosecute drug smugglers every day. I'd much prefer to be having that discussion, but unfortunately, the criminal behavior of these two agents brought us to this point. Clearly, the drug cartels knew who Osbaldo Aldrete-Davila was. Where did Aldrete-Davila get the drugs in the first place? We can imagine that a different prosecutor who was totally focused on stopping drug trafficking from Mexico could have used the facts of this case to begin a sweeping investigation into the Mexican drug traffic. But U.S. Attorney Johnny Sutton chose not to go that route. That Sutton was drawn to the presumption that the Border Patrol agents in this case were the bad guys weighs heavily upon the credibility of the Bush administration to be serious about protecting U.S. citizens by securing our border. We strongly believe that with Ramos and Compean in prison, U.S. Attorney Sutton has given Osbaldo Aldrete-Davila the upper hand in suing the Border Patrol for $4 million for violating his civil rights. If Osbaldo Aldrete-Davila, a drug smuggling ''dirt bag'' from Mexico, ends up being rewarded $4 million while Border Patrol Agents Ramos and Compean are in federal prison, we believe President George W. Bush will once and for all lose the sympathy and credibility of the American people on the issue of border security. We will then rightly conclude that George W. Bush has always had only one intention and that is to do anything necessary to force another ''guest-worker amnesty'' down the throat of the American people. This is the bill the Bush administration supported in the 109th Congress and it is the bill we suspect the Bush administration will force once more in the 110th Congress. Meanwhile, the clever attorneys for Osbaldo Aldrete-Davila will be preparing to collect by calling the U.S. Attorney's office forward to testify as they pursue their client's claim for damages against the imprisoned Border Patrol agents. Jerome R. Corsi received a Ph.D. from Harvard University in political science in 1972 and has written many books and articles, including co-authoring with John O'Neill the No. 1 New York Times best-seller, "Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry." Corsi's most recent book was authored with Michael Evans: "Showdown with Nuclear Iran." He co-authored "Rebuilding America" with Ohio gubernatorial candidate Ken Blackwell. Dr. Corsi's other recent books include "Black Gold Stranglehold: The Myth of Scarcity and the Politics of Oil," which he co-authored with WND columnist Craig. R. Smith, and "Atomic Iran." Regarding "Protesters spread blame for illegal immigration" (Page L-1, Jan. 14) on the demonstration in Bergenfield Jan. 13: The demonstration was held to protest the sentencing of two U.S. border agents, Ignacio Ramos and Jose Alonso Compean, to 12- and 11-year prison terms, respectively, for trying to do their jobs. They were convicted of causing serious bodily harm and assault with a deadly weapon when they shot at an illegal alien drug smuggler who refused their orders to stop his van. The smuggler's van contained 750 pounds of marijuana. The smuggler was given immunity in return for testifying against the agents. He is suing the U.S. government for millions of dollars. It costs New Jersey taxpayers $400 million a year to support illegal aliens with public benefits. New Jersey lost more than $1 billion in the form of remittances sent to Latin America by residents, many of them illegal aliens. Various communicable diseases under control in the United States are making comebacks in large part because of our government's failure to control the entry of illegal aliens into our country. None of these facts appeared in the article. Its final sentence quoted a bystander who said: "Sometimes people need something to protest." That quotation serves only to trivialize and dismiss serious issues at hand. Gayle Kesselman Carlstadt, Jan. 14
(12-21) 18:20 PST WASHINGTON, (AP) --
President Bush issued 16 pardons to minor criminals on Thursday and commuted the sentence of an Iowa man serving time for a drug conviction.
Six of the federal offenses were drug crimes, while others included bank fraud, mail fraud, the acceptance of a kickback, a false statement on a loan application and conspiracy to defraud the government over taxes.
Seven of the 16 received no prison or jail time, instead getting probation or small fines. The longest sentence was nine years, for aiding cocaine distribution, followed by a six-year term for conspiracy to possess marijuana.
With this batch, Bush has issued 113 pardons and commuted three sentences in his nearly six years in the White House, according to spokesman Tony Fratto.
A pardon amounts to federal forgiveness for one's crime, while a commutation cuts short an existing prison term.
The list did not include former White House aide I. Lewis "Scooter" Libby, charged in the CIA leak case with perjury and obstruction. Libby, whose trial is scheduled to begin in January, is accused of lying to investigators about his conversations with reporters regarding outed CIA operative Valerie Plame, the wife of an Iraq war critic.
Pardons are an end-of-the-year presidential tradition, and Bush was not expected to issue any more this year. He last issued pardons in August.
"Requests for executive clemency receive intense individualized consideration based upon an established set of objective criteria," spokesman Fratto said.
He said that after investigation by the Office of the Pardon Attorney at the Justice Department, most weight is given to these factors:
_the seriousness of the crime;
_how long ago it was committed;
_the acceptance of responsibility and showing remorse;
_post-conviction conduct and contributions to society;
_any specific compelling need for relief;
_official recommendations, including from the sentencing judge, the probation officer and the federal prosecutor.
Bush remains among the stingiest of postwar presidents on pardons and commutations.
President Clinton issued a total of 457 in eight years in office. Bush's father, George H. W. Bush, issued 77 in four years. President Reagan issued 406 in eight years, and President Carter issued 563 in four years.
Since World War II, the largest number of pardon and commutations ? 2,031 ? came from President Truman, who served 82 days short of eight years.
On the pardons list were:
_Mark Alan Eberwine of San Antonio, conspiracy to defraud the United States by impeding, impairing, and obstructing the assessment of taxes by the Internal Revenue Service and making false declarations to the grand jury. Sentenced Feb. 1, 1985, as amended April 23, 1986, to two years' imprisonment.
_Colin Earl Francis of Naugatuck, Conn., accepting a kickback of about $9,000 for helping a vendor for United Technologies Corp.'s Sikorsky Aircraft division, where Francis worked at the time, land a contract. Sentenced May 7, 1993, to two years' probation and a $2,500 fine.
_George Thomas Harley of Albuquerque, N.M., aiding and abetting the distribution of cocaine. Sentenced Nov. 30, 1984, to nine years' imprisonment and five years' special parole.
_Patricia Ann Hultman, of Kane, Pa., conspiracy to possess with intent to distribute and to distribute cocaine and other controlled substances. Sentenced Oct. 28, 1985, to one year of imprisonment.
_Eric William Olson of Ojai, Calif., conspiracy to possess with intent to distribute, possession with intent to distribute, possession, and use of hashish. Sentenced Feb. 21, 1984, by an Army general court-martial to confinement at hard labor for one year, reduction in pay grade, forfeiture of all pay and allowances and a bad conduct discharge.
_Thomas R. Reece of Cumming, Ga., violating the Internal Revenue Code pertaining to alcohol. Sentenced May 2, 1969, to one year of imprisonment.
_Larry Gene Ross of Indio, Calif., making false statements in a bank loan application. Sentenced Aug. 15, 1989, to four years' probation and $7,654.20 in restitution.
_Jearld David Swanner of Lexington, Okla., making false statements in a bank loan application. Sentenced Dec. 6, 1991, to three years' probation.
_James Walter Taylor of McCrory, Ark., bank fraud. Sentenced Oct. 18, 1991, to 90 days in jail, followed by two years and nine months' probation.
_Janet Theone Upton of Salinas, Calif., mail fraud. Sentenced May 23, 1975, to two years' unsupervised probation.
Bush also granted a commutation of sentence to Phillip Anthony Emmert of Wa
http://www.nbpc.net/ramos_compean/rebuttal_to_sutton.pdf
http://www.amw.com/features/feature_story_detail.cfm?id=1369
http://www.wnd.com/news/article.asp?ARTICLE_ID=53873
Posted: January 22, 2007
1:00 a.m. Eastern
WND: But one of the things here is that the law was passed, as I understand it, to basically punish criminals who in the process of committing crimes also fire weapons. The law was never intended to punish law enforcement officers who may have fired their weapons inappropriately when somebody else was committing a crime.
Sutton misses the point. Sure, 18 U.S.C. Section 924(c) applies to law enforcement officers, but only when law enforcement officers themselves smuggle drugs or commit rapes and carry a firearm in the commission of those crimes. 18 U.S.C. Section 924(c) was never written to define the rights and responsibilities of officers who carry weapons in the normal course of their law enforcement duties and decide to discharge those weapons at fleeing drug dealers.
WND: But the original intent of that law, as I understand it, was to increase the punishment for criminals who when perpetrating their crimes discharge weapons. Is that not correct?
What crime were Ramos and Compean committing, during which they decided to fire their weapons? Surely, Sutton does not consider it a crime for Border Patrol agents to stop and seek to arrest a person they suspect of smuggling drugs across the border.
Section 7(A). Discharging a firearm shall be done only with the intent of stopping a person or animal from continuing the threatening behavior which justifies the use of deadly force. When deadly force is justified, an officer may use any level of force necessary up to and including deadly force.
Again, my interview with Sutton was informative. In explaining why agent Compean discharged 14 rounds and failed to hit the fleeing suspect, Sutton explained that agent Compean was experiencing a heightened physiological reaction that is commonly identified as a normal physical response to a perceived sense of imminent danger:
WND: So, Compean shot 14 times and missed everybody, but Ramos shot one time and hit the drug dealer in the buttocks?
If the Border Patrol agents experienced adrenalin pumping, it is reasonable to conclude that they felt the drug smuggler, Osbaldo Aldrete-Davila, was armed and dangerous. The pumping adrenalin that Sutton admits impaired the aim of agent Compean should be prima facie evidence that agent Compean was experiencing an emotional response that could reasonably be associated with fear that the fleeing suspect yet possessed a weapon.
Question: Why did Aldrete-Davila run?
How much time in the dirt and bush on the U.S. side of the Rio Grande did Aldrete-Davila feel he had before other Border Patrol agents would have an increased opportunity to apprehend him? Maybe it was simply better to keep running than to take the time to shot back at the agents.
Question: People are going to say that 700 pounds of marijuana is a serious offense.
Earlier in the interview, Sutton had mentioned in passing during the interview that Department of Homeland Security investigators were involved with Osbaldo Aldrete-Davila's family. We are separately told that Homeland Security's Christopher Sanchez was in Mexico investigating Aldrete-Davila when the U.S. Attorney's office decided it was best to give him immunity. What was that all about?
El Paso Times, Oct. 5, 2005
by Louie Bilot, El Paso Times
to bury the House of Death
By Bill Conroy,
Posted Wed Apr 20th, 2005 at 11:43:51 PM
Posted on Mon Aug 7th, 2006 at 08:41:13 PM EST
Posted on Sat Jul 1st, 2006 at 07:59:30 PM ESTUS Agents Accused in Narco-Murders
The House of Horrors on Parsioneros Street
By Kent Paterson
By Bill Conroy
Online Journal Contributing Writer
Border Patrol won't be told of immigrants
DEA's Chief Of Operations Underscores Significant Impact
Office of the Press Secretary
November 29, 2005
El Paso Sector
El Paso, Texas
Fact sheet In Focus: Homeland Security
9:41 A.M. MST
THE PRESIDENT: First of all, it's good to be back in El Paso. I spent a lot of quality time in this part of the world when I was the governor -- and I appreciate, by the way, the governor, standing with me here. I don't know if you remember or not, but Laura's mother was raised here, so El Paso has always had a special spot in our heart.
President George W. Bush delivers a statement on Border Security following a tour of the El Paso Sector of the US-Mexico border region, Tuesday, Nov. 29, 2005. Also pictured at left is Homeland Security Secretary Michael Chertoff. White House photo by Eric DraperI want to thank the people that are working the border. We have a responsibility in the government to enforce our border. It's important for national security, it's important for economic security to have a good border security plan. And so the Secretary and I, and the Attorney General - Secretary of State of Texas, Johnny Sutton, the D.A., Congressman Mike Conaway -- we've just taken a tour of this part of the border. And what should be a lesson is that you've got to adjust your strategy based upon the conditions. This is an urban environment. Right over here is Juarez. And people are able to easily come into the border - into Texas, in this part of - in part of the border.
Ramos Compean Blog
We thank all these patriots who attended for coming out on a chilly day instead of staying home watching football.
Now we hope and pray that George Bush will exonerate these agents from an outrageous prosecution. Tony Snow said they got a fair trial! The facts show different.
Why is the prosecutor not in jail for participating in the coercion of jurors?
Why is our President more concerned about borders in Iraq then he is in the borders of the U.S.A.?
Why are our elected policitians condoning the daily deaths of 25 American citizens caused by illegal aliens for the proverbial "30 pieces of silver"?
To see pictures of chicago Rally
http://www.minutemenmidwest.com/EntryDetail.asp?entryID=167
Read Phyllis's column: http://www.humanevents.com/article.php?id=18709
Briefing transcript: http://www.whitehouse.gov/news/releases/2007/01/20070112-4.html
Q Okay. A nationally syndicated columnist, Phyllis Schlafly, reports the following, and this is a quote: "President Bush pardoned 16 criminals, including five drug dealers, at Christmastime, but so far has refused to pardon two U.S. Border Patrol agents who were trying to defend America against drug smugglers." And my question: If Mrs. Schlafly was at all inaccurate in this statement, you would surely rebut, wouldn't you?
We had a great day even though it was somewhat rainy. We started out
in front of the courthouses on Centre Street and moved on to City
Hall Park. We gave out over 230 flyers and were sorry we didn't print
more. We had NYPD and US Marshals looking out for us. Once we assured
the NYPD we were peaceful, they were great. We got curiosity from the
US Marshals from the courthouses who wanted to know why we were
there. Once we talked to them, you should've seen the looks as they
realized these border guys are being shafted. News 7 in their van
went by us, not enough opposition to warrant news. El Diario a
Spanish newspaper sent both a photographer and a journalist. Since
the border guards are Mexican-American I think we'll get a good story
out of it, even though I won't be able to read it! I'll have to ask
Miguel of You Don't Speak for Us for a translation! He's such a nice guy!
Anyway, we tried to educate people. Anytime anyone goes to anything
you should have flyers. Of course we pay for them ourselves. I
printed up one flyer on one side, turned the paper over and printed
up another flyer on the other side. Two-sided flyer! Saves paper and
gives a lot of info in one piece of paper! I didn't print enough. We
were kicking ourselves that even on a somewhat rainy day in NYC we
can give away a lot of material. And actually I was surprised that a
small percentage of people acknowledged they knew of the situation.
Reporting from NYC, Tami Wilkinson
From the Desk of:
Steve Elliott, President
Grassfire.org
1/11/2007
Ron,
I'm thrilled to report that I personally delivered more
than 220,000 petitions from citizens across the nation
supporting Border Agents Ramos and Compean to members
of Congress at a press conference on Capitol Hill.
These petitions were then delivered by a member of
Congress' staff directly to the White House!
During the delivery, I had the opportunity to present
your petitions to Agent Compean and his wife who expressed
their heart-felt thanks for everything Grassfire team
members have done to aid their cause.
Please go here for the latest updates, including
photos and audios:
http://www.grassfire.net/r.asp?u=1272&rid=12018218
We have just a few days remaining. The latest word is that
an appeal is being made to the judge to allow another appeal
that would keep the agents out of prison. We are still pushing
for the President to exonerate these brave men with a pardon.
Three actions:
1. Send your faxes:
http://www.grassfire.org/1142/offer.asp?rid=12018218
2. Call the White House
202-456-1111
3. Sign the petition, or if you have signed, forward t
his message and urge them to click here:
http://www.grassfire.org/142/petition.asp?RID=12018218
Thank you again for standing with these agents and for secured borders!
Steve Elliott, President
Grassfire.org Alliance
By Digger
People across the United States will be taking to the streets in more than 10 cities Saturday January 13, 2007 in support of Border Patrol Agents Ignacio Ramos and Jose Compean. The agents were sentenced to 11 and 12 year prison sentences for shooting a fleeing Mexican drug smuggler and illegal alien, Osbaldo Aldrete-Davila , in the buttocks. Aldrete-Davila, who had 800 Lbs of Marijuana valued at over $1 million, physically struggled with the agents and then was shot when he is said to have pointed a weapon at the agents while fleeing. Aldrete-Davila was given immunity by the U.S. Department of Homeland Security for his testimony against the agents and is now suing the US government for $5 million for violating his civil rights... as a drug smuggler.
Bottom: Jose Compean
Agents Ramos and Compean were select as Front Page Magazine's People of the Year where they had this to say:
The members and supporters of American Freedom Riders, Minuteman Project, United Patriots of America, Friends of the Border Patrol, United Citizens of America, Illegal Immigrant Protest and Citizens for Fair and Clean Government have been outraged at this injustice and while the White House sits by and has done nothing in regards to this travesty of justice on our law enforcement personnel the citizens of America are not going to sit by idly.
with the American Freedom Riders
El Paso - El Paso Federal Courthouse
Ft. Myers - Ft. Myers Federal Building
Los Angeles - Los Angeles Federal Building
New Jersey - Bergenfield/Dumont Columbia Ave & Washington
Omaha - Senator Ben Nelson's office
Philadelphia - U.S. Courthouse
Phoenix - Sandra Day O'Connor Federal Building
San Jose - Federal Courthouse
Tucson - Federal Building (Evo DiConcini Building)
Tulsa - Tulsa Courthouse
More than 50 Congressman have sent a letter to the White House requesting some action and a pardon and have so far been ignored.
Here's a clue: United States Attorney Johnny Sutton. He represents the western district of Texas.
Johnny Sutton, U.S. Attorney
(210) 384-7452
United States Attorney Johnny Sutton announced that United States District Judge Kathleen Cardone has sentenced Ignacio Ramos and Jose Alonso Compean to 132 months and 144 months in federal prison, respectively, on charges associated with a February 2005 shooting incident at the Fabens Point of Entry. On March 8th, 2006, an El Paso, Texas, jury convicted the former U.S. Border Patrol agents of assault with serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence and a civil rights charge. They were also convicted of four counts and two counts, respectively, of obstruction of justice. The jury acquitted both defendants of assault with intent to commit murder.
?Federal agents who protect our border deserve our respect, gratitude and trust - it is a difficult and dangerous job. But when law enforcement officers use their badge as a shield for carrying out crimes and then engage in a cover up, we cannot look the other way. Agents Compean and Ramos shot an unarmed, fleeing suspect in the back and lied about it,? stated United States Attorney Johnny Sutton.
In early 2005, the defendants shot at an unarmed Mexican National, who was transporting a load of marijuana, while he was running away from them and attempting to flee back into Mexico. During the incident, Compean fired approximately 14 rounds from his service pistol; Ramos fired one round from his service pistol striking the unarmed suspect. Ballistics testing confirmed that the bullet which struck the suspect was from Ramos? service weapon. In addition, jurors found that the defendants intentionally failed to report the shooting incident to supervisors, concealed evidence and obstructed the investigation. Finally, jurors convicted Compean of collecting and disposing the spent shell casings expelled from the defendants? firearms in an effort to prevent them from being used in official proceedings.
Richard L. Skinner, Inspector General of the U.S. Department of Homeland Security, said, "The men and women of the Border Patrol have one of the most difficult and dangerous jobs in federal law enforcement. They serve as the first line of defense for our nation's borders and work to protect our national security. Each day, Border Patrol agents are called upon to apprehend undocumented aliens, interdict dangerous drug traffickers and human smugglers, and provide aid and assistance to those in grave physical danger. Border Patrol agents are trained to respect and protect the civil rights and liberties of those they encounter. Many agents have lost their lives trying to protect the lives of others. In being given the lawful authority to use deadly force when warranted, these agents were bestowed with the highest level of trust. In committing the acts for which they were today sentenced, these two agents have betrayed the trust placed in them by the Department of Homeland Security, their fellow agents, and the public. I again commend the United States Attorney's Office for their successful prosecution of this important case. The Office of Inspector General will remain committed to aggressively investigating allegations of serious civil rights abuses to protect the integrity of the department and the trust placed in our law enforcement officers."
This case was investigated by the Department of Homeland Security Office of the Inspector General and was prosecuted for the government by Assistant United States Attorneys Debra P. Kanof and Jose Luis Gonzalez.
#####
We are recommending that you cal and tell these "government
workers" that we are watching them and do not approve of
how they are doing their jobs.
Border Patrol Agents Ramos and Compean have been wrongly
convicted of multiple crimes and face serious prison time, for
protecting this country from an illegal alien drug smuggler.
These men should not serve ONE DAY in prison for doing their
jobs!
Please, write a letter to the addresses below and get them out
as soon as possible! Call too! Please do it today, these men are
scheduled to begin their prison sentences on January 17,
2007.
President Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
202.456.1111
Albert Gonzales - US Attorney
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
202-514-2001
Johnny Sutton - United States Attorney for the
Western District of Texas
United States Attorney
Western District of Texas
601 N.W. Loop 410, Suite 600
San Antonio, Texas 78216
Telephone (210) 384-7400
Debra Kanof, Chief Major Crimes - United States
Attorney's Office - (attorney who prosecuted the
Ramos/Compean case)
700 E. San Antonio,
Suite 200
El Paso, Texas 79901
Phone: (915) 534-6884
For more information contact:
Ron Bass
United Patriots of America
www.UnitedPatriotsOfAmerica.com
info@UnitedPatriotsOfAmerica.com
<savefreedom2005@...> wrote:
Bush pardoned 16 criminals but Border Agents Go to Jail in 2 Weeks
Without Pardon
You read that right!
Over the Christmas holiday, the Bush Administration handed out
pardons to 16 criminals.
But NO PARDONS were issued for U.S. Border Agents Compean and Ramos
who were sentenced to a combined 23 years in prison for what
Congressman Tom Tancredo described as "Doing their job!" --
attempting to arrest an illegal alien drug smuggler.
http://www.thenewamerican.com/artman/publish/article_4292.shtml
Border Patrol Agents Sentenced to Prison
by Gary Benoit
October 28, 2006
U.S. Border Patrol agents Ignacio Ramos and Jose Compean were each
sentenced to more than 10 years in prison for wounding a drug
smuggler.
(Tell the President and Congress that Ramos and Compean should be
pardoned.)
The incident occurred last year when the two agents pursued the
smuggler, Osvaldo Aldrete-Davila, who was trying to make it back
across the border from the El Paso sector into Mexico. During the
pursuit, Ramos, after finding a bloodied Compean lying on the ground
from a struggle with Aldrete-Davila, shot at the smuggler, believing
him to be armed. Aldrete-Davila got across the border to a waiting
van, but, as it turned out, was wounded.
For their split-second decisions during their 15-minute pursuit of
the drug smuggler, the two agents were convicted in a trial where
important evidence was withheld from the jury, and where the dubious
testimony of the smuggler, who was granted immunity by the U.S.
government, was used against them. On October 19 of this year, Ramos
was sentenced to 11 years in prison and Compean to 12 years. However,
the agents have been allowed to remain free on bond until January 17,
when they must report to prison.
The agents were hoping to stay out of prison during their appeal,
and family members said the fight is not over. "It's going to be step
by step," the El Paso Times quoted Ramos' brother Hector Ramos as
saying. "The first step is going to get him home. It's a process."
The El Paso Times story about the sentencing also noted that the
judge "denied the defense's motion for a new trial on the basis that
three jurors said they were misled by the jury foreman and voted
guilty because they thought they were not allowed to have a hung
jury."
The available public evidence indicates that agents Ramos and
Compean are victims of a gross miscarriage of justice by the U.S.
government. Their story is told in much greater detail in William F.
Jasper's article "Betrayed in the Line of Duty" in the September 18,
2006 issue of THE NEW AMERICAN. "While the Bush administration seeks
amnesty for illegal aliens and grants immunity to a Mexican drug
smuggler," the article points out, "it has thrown the book at two
courageous Border Patrol agents."
http://www.thenewamerican.com/artman/publish/article_4188.shtml
(UPDATED) Betrayed in the Line of Duty
by William F. Jasper
September 18, 2006
(UPDATED October 19, 2006; see end of article.) While the Bush
administration seeks amnesty for illegal aliens and grants immunity
to a Mexican drug smuggler, it has thrown the book at two courageous
Border Patrol agents. (Contact President Bush and Congress to help
rectify this gross miscarriage of justice!)
Jose Alonso Compean, shown here with some of the drugs
he has stopped from coming across the border, now faces 20 years in
prison, based on charges by a career drug smuggler who stands to win
$5 million for his testimony. (Photo courtesy of Friends of the
Border Patrol.)Fabens, Texas - The chase was on. The suspected
smuggler van turned back toward the Rio Grande and headed for Mexico.
Border Patrol agent Ignacio Ramos was on his tail. Other agents were
also converging on the scene. The suspect realized he wasn't going to
outrun agent Ramos' vehicle, and so he abandoned his van on a levee
and took off on foot. As the suspect headed into the canal, Ramos
yelled for him to stop but was ignored.
As Ramos crossed the canal, he heard gunshots. Ramos knew he was in
an area where the Mexican drug cartels have grown increasingly
brazen, and where Mexican police and military units often support the
drug smugglers. He didn't know if, when he emerged from the canal, he
would be facing an armed suspect, possibly reinforced by heavy
firepower.
As he came over the levee, he could see a fellow officer, agent
Jose Compean, bloodied and lying in the dirt. Sweating, heart
pounding, and adrenaline pumping, Ramos raced by Compean after the
smuggler, who was kicking up clouds of dust as he ran. Suddenly, the
smuggler stopped and turned toward Ramos and pointed what appeared to
be a gun. Agent Ramos raised his pistol and fired one shot, upon
which the suspect spun around and continued running for the river.
Ramos, with the danger passed, immediately lowered his pistol.
"I shot," Ramos later told reporter Sara A. Carter. "But I didn't
think he was hit, because he kept running into the brush and then
disappeared into it. Later, we all watched as he jumped into a van
waiting for him [on the Mexican side of the border]. He seemed fine.
It didn't look like he had been hit at all."
When Ramos returned to the levee, seven other Border Patrol agents
were on the scene. A search of the abandoned van revealed nearly 800
pounds of marijuana. All in all, not a bad haul for 15 minutes of
heart-pounding work. The agents had survived another potentially life-
threatening incident without a death or serious injury. Just another
day in the life of a Border Patrol agent. They had the smuggler's
loot, even though the smuggler got away. Oh well, maybe they'd catch
him tomorrow, when he tried another drug run.
However, it hasn't turned out that way at all. Instead, the
smuggler - a Mexican national named Osvaldo Aldrete-Davila - has
turned the tables on his Border Patrol pursuers. Now it is agents
Ramos and Compean who face prison. They already have been fired by
the Border Patrol and bankrupted by legal expenses. Agent Compean has
lost his home. He and his wife and children have been forced to move
in with relatives. Agent Ramos' home is in foreclosure.
Terror and Injustice
Ignacio Ramos, who served seven years in the Navy and
10 years on the Border Patrol, was nominated for Border Patrol Agent
of the Year in 2005. (Photo courtesy of Friends of the Border Patrol.)
For their 15-minute pursuit of Aldrete-Davila on February 17, 2005,
and for a couple of split-second decisions they made during that
suspenseful chase, agents Ramos and Compean have lost a combined 15-
year record of sterling service in the Border Patrol (10 years for
Ramos, five for Compean). Even more, that 15-minute pursuit in the
line of duty may cost each of them 20 years in prison, possibly
alongside dangerous criminals they have apprehended.
Adding terror on top of calamity, both agents and their families
have been subjected to death threats. In fact, according to the
smuggler Aldrete-Davila, some of his drug-cartel associates from
Mexico planned a "hunting party" to track down and execute Ramos and
Compean. Both of these law enforcement officers have young school-age
and preschool-age children. Agent Compean's wife, Claudia, is
pregnant with their third child.
Incredibly, while agents Ramos and Compean and their families face
economic ruin, emotional devastation, and real physical danger, as a
result of that 15-minute chase, Osvaldo Aldrete-Davila - an admitted
felon and drug smuggler - has not only gotten off scot-free, he
stands to become a rich man, courtesy of the U.S. taxpayers. In a
seemingly unbelievable turn of events, agents for the U.S. Department
of Justice and Department of Homeland Security contacted the smuggler
in Mexico and offered him complete immunity if he would testify that
Border Patrol agents Ramos and Compean had violated his civil rights.
The two Border Patrol officers were arrested in SWAT-style raids on
their homes and taken away in handcuffs in front of their families.
By way of contrast, Aldrete-Davila, in exchange for agreeing to
testify against the agents, was given free medical treatment in the
United States, then escorted back to Mexico and released. He was also
coached in his testimony by U.S. government officials, then brought
back to the United States and trotted out as the star witness against
Ramos and Compean.
In the meantime, during his release, Aldrete-Davila was arrested
again with another drug load in the same El Paso sector where Ramos
and Compean had previously intercepted him. Nevertheless, he was
allowed to testify against the two agents and then was released
again! He may have made many more successful drug runs into the
United States since then. But he may be able to retire soon in the
style of his drug-lord bosses. With encouragement and help from U.S.
officials, he is suing the Border Patrol for $5 million.
Many are outraged by what from all appearances is a colossal
miscarriage of justice. Members of Congress on both sides of the
aisle are calling for an investigation, and a national grass-roots
campaign has stirred tens of thousands of Americans to call on
President Bush to intervene and grant full pardon to agents Ramos and
Compean.
Rep. Ted Poe (R-Texas), who served as a prosecutor for eight years
and a judge for 22 years, questions Assistant U.S. Attorney Debra
Kanof's granting of immunity to a repeat felon with a huge financial
interest to lie to prosecute federal law enforcement agents who were
doing their jobs. "That's exactly what the overzealous prosecutor did
in this case. No question about it," Rep. Poe told CNN's Casey Wian
on August 21. "In my opinion, the government was on the wrong side.
We ought to be more concerned about our border agents who were put in
harm's way, who are shot at by these drug dealers than we are about
the civil rights of the drug smugglers."
Killers or Conscientious Agents?
In a press release of August 11, 2006, U.S. Attorney Johnny Sutton
stated that Ramos and Compean "were prosecuted because they had fired
their weapons at a man who had attempted to surrender by holding his
open hands in the air, at which time Agent Compean attempted to hit
the man with the butt of Compean's shotgun, causing the man to run in
fear of what the agents would do to him next. Although both agents
saw that the man was not armed, the agents fired at least 15 rounds
at him while he was running away from them, hitting him once." But
that version of events was based on the word of the smuggler.
The agents were charged with assault with intent to commit murder,
assault with serious bodily injury, assault with a deadly weapon,
discharge of a firearm in relation to a crime of violence, and a
civil rights violation. On March 8, 2006, a federal jury convicted
Compean and Ramos of all but the charge of assault with intent to
commit murder. They were also convicted of four counts and two
counts, respectively, of obstruction of justice for failing to file a
report on the shooting and for destruction of the crime scene by
picking up Compean's spent shell casings.
Andy Ramirez, chairman of the private, California-based Friends of
the Border Patrol, began investigating the Ramos-Compean case shortly
after charges were filed in March of 2005. He has since become an
official spokesman for the two agents and their families. "This is
the greatest miscarriage of justice I have ever seen," Andy Ramirez
told The New American. "This drug smuggler has fully contributed to
the destruction of two brave agents and their families and has sent a
very loud message to the other Border Patrol agents: if you confront
a smuggler, this is what will happen to you."
Ramirez says that when he began his investigation he hadn't ruled
out the possibility that the agents were guilty of the crimes as
charged. "If these were really bad guys, then obviously, we would
want them prosecuted, because it's important to root out corruption,
especially in law enforcement agencies like the Border Patrol," he
said. "I'm not the least bit interested in protecting corrupt or
violent agents." However, he was soon convinced that many things were
terribly wrong with this case and that the two agents in question
were being railroaded for a political agenda.
"Agents Ramos and Compean are the kind of guys you want in the
foxhole next to you," says Ramirez. "They're poster boys for the kind
of Border Patrol agents we want and need to protect our borders." He
points out that Ramos was nominated for Border Patrolman of the Year
in 2005, but that nomination was scratched after the Aldrete-Davila
charges were filed against him. Ramos served seven years in the Navy
before joining the Border Patrol. Compean served four years in the
Navy.
"These men served their country honorably and bravely - in the
military and on the border - and have compiled sterling records,"
Ramirez points out. "They've arrested thousands of illegal aliens and
made many drug seizures. There's nothing from their records to
support Davila's charges that they tried to murder him. If you take
away the testimony of Davila, an acknowledged career criminal with a
huge financial interest involved, all you have against these agents
are a couple of administrative charges that would normally be five to
ten-day suspensions, usually referred to as 'time on the beach.'"
During the trial, Assistant U.S. Attorney Debra Kanof emphasized
the agents' failure to obey pursuit and reporting policies. "They
didn't report the shots being fired," Kanof accused, painting a
picture of coverup by the two agents. "It is a violation of Border
Patrol regulations to go after someone who is fleeing," she
said. "The Border Patrol pursuit policy prohibits the [vehicular]
pursuit of someone."
However, according to Ramos, his pursuit of Aldrete-Davila was no
different from what he's done in the past 10 years as a Border Patrol
agent. "How are we supposed to follow the Border Patrol strategy of
apprehending terrorists or drug smugglers if we are not supposed to
pursue fleeing people?" he told the Ontario, California, Daily
Bulletin. "Everybody who's breaking the law flees from us. What are
we supposed to do? Do they want us to catch them or not?"
According to active and retired agents The New American has talked
to, the official pursuit policy is universally viewed as an "asinine"
cave-in to political correctness by the Washington, D.C., bureaucrats
and is regularly disregarded by line officers and their supervisors
who recognize that it would be impossible to do their jobs of
securing our border otherwise.
Andy Ramirez notes that "this case is not an isolated incident.
This is just the most egregious example in an ongoing campaign of
intimidation and humiliation of Border Patrol line officers by Border
Patrol Chief David Aguilar, Assistant Border Patrol Chief Luis Barker
and others" appointed by the Bush administration.
With ludicrous orders like their "no pursuit" policy, the agency's
top officials "have essentially told the field to 'stand down,'"
Ramirez says. "President Bush, Aguilar, and Barker repeatedly assure
us that the border security is dramatically improving, when that is
absolutely, demonstrably false. And one of the worst things they are
doing is destroying the morale of the Border Patrol and the will of
agents to do the tough job we train them to do. A lot of the agents
are saying now, 'We don't want to be the next Ramos and Compean.'"
Retired Border Patrol Supervisor David Stoddard, a Border Patrol
veteran of 27 years, agrees that this ruling will devastate the
agency, if allowed to stand. "This is outrageous. Every American
should be incensed," he says. "This whole incident tells the Border
Patrol agents all over the country it's better to go out to their
area of responsibility and bring a portable DVD player and watch a
movie, because that way you won't get into trouble."
The Strange Alliance
Andy Ramirez, David Stoddard, Rep. Ted Poe, Rep. Walter Jones (R-
N.C.), and others who have looked into the Ramos-Compean case are
especially upset by the many troubling "irregularities" and abuses of
the federal prosecutors. A chain of remarkable events began shortly
after Osvaldo Aldrete-Davila had fled back into Mexico. The wounded
smuggler contacted an old boyhood friend of his, Rene Sanchez, now
living in Willcox, Arizona. Sanchez, it turns out, had not only
become a U.S. citizen, but had become a Border Patrol agent. And his
loyalty to his childhood buddy and/or to his native Mexico apparently
superseded his loyalty to America, to his fellow Border Patrol
officers, and to his oath to uphold the laws of his adopted country.
According to court testimony, Aldrete-Davila, following the advice
of Sanchez, turned himself in to the U.S. Consulate in Mexico.
Sanchez also secured an attorney for Aldrete-Davila, helped negotiate
his immunity, and coached him on his court testimony, such as
suggesting that Aldrete-Davila say he was shot in the back. (Court
testimony and evidence showed that Aldrete-Davila was shot in the
side of his buttocks, consistent with Agent Ramos' testimony that
Aldrete-Davila was in a "bladed stance," pointing a gun at him.)
Sanchez also helped arrange for Aldrete-Davila to receive complete
(and free taxpayer-supported) medical treatment at William Beaumont
Army Medical Center in El Paso.
It is noteworthy that at trial Sanchez and Aldrete-Davila
contradicted each other on many points of fact, yet Sanchez and
Aldrete-Davila were still considered credible witnesses by the
Department of Justice prosecutors. (As just one example, agent
Sanchez insisted he hadn't spoken with Aldrete-Davila in years;
Aldrete-Davila said they had been in frequent contact.)
The same prosecutors went to great lengths to suppress vital
information during the trial, such as testimony by another Border
Patrol agent who had warned superiors of suspicions that agent Rene
Sanchez was tied in to the Mexican drug cartels. The agent was
reprimanded, intimidated, silenced, and transferred to another sector.
During the trial it was revealed that DHS agent Christopher
Sanchez, who along with Rene Sanchez shepherded Aldrete-Davila
through his legal process, had learned that Aldrete-Davila's drug
cartel associates had made plans to put together a "hunting party" to
kill agents Ramos and Compean, and their families, in retaliation for
the drug bust involving Aldrete-Davila. Sanchez admitted he had not
reported this to his DHS superiors or any other U.S. law enforcement
agency, a serious violation of legal and moral responsibility to
fellow human beings and law enforcement officers.
Judge Kathleen Cardone repeatedly sided with the federal
prosecutors in suppressing evidence favorable to agents Ramos and
Compean and unfavorable toward Aldrete-Davila and the
prosecutors. "The jurors were severely handicapped in that they were
not given access to the truth, to the real story," says Andy Ramirez.
Among the evidence suppressed at the trial that may have made a major
impact on jurors:
The sealed indictment of Aldrete-Davila from his arrest for drug
smuggling in October 2005, after the incident when he was supposedly
the victim of agents Ramos and Compean.
Aldrete-Davila's multiple violations of his immunity agreement,
such as agreeing to not withhold any information, then refusing to
divulge the names of his fellow smugglers who picked him up at the
border.
Evidence on the increasing violence and attacks on Border Patrol
agents and incursions by Mexican military units in the El Paso sector.
Agent Ramos' distinguished record and nomination as Border Patrol
Agent of the Year.
The federal government broke the rules, Ramirez says, in order to
break these agents and to cover up a massive nest of corruption in
the highest levels of the federal government.
Although agents Ramos and Compean will appeal their convictions,
they face the possibility of years in prison while their appeals are
being adjudicated. That is why Ramirez and other supporters are
calling for concerned Americans to contact President George W. Bush
and Attorney General Alberto Gonzales, urging them to intercede on
behalf of agents Ramos and Compean. "If the administration can
advocate amnesty for millions of illegal aliens and give immunity to
a career felon drug smuggler," says Ramirez, "what could be so
difficult about granting a full pardon to two honorable law
enforcement officers who are being crucified not for having done
anything wrong, but for doing exactly what they have been trained for
and have taken an oath to do?"
(UPDATED, Oct. 19) What You Can Do
In response to citizen outrage, Rep. James Sensenbrenner (R-Wis.),
chairman of the House Judiciary Committee, and Rep. John Hostettler
(R-Ind.), a member of the House Subcommittee on Immigration, Border
Security and Claims, have called for a congressional investigation of
the Ramos-Compean case. Petition efforts are underway calling upon
President Bush to pardon agents Ramos and Compean.
On October 19, Agent Ramos was sentenced to 11 years in prison and
Agent Compean to 12 years. They are now free on bond but must
surrender on January 17. They are appealing the case.
Contact your representative and senators, urging them to
investigate this travesty of justice. Ask them also to call for a
review of the no-pursuit policy.
Urge President Bush to grant a full pardon to agents Ramos and
Compean.
For contact information and to send editable, pre-written letters
via e-mail, log on to http://capwiz.com/jbs/home/.
"President George W. Bush pardoned 16 criminals including five drug
dealers at Christmas time, but so far has refused to pardon the two
U.S. Border Patrol agents who were trying to defend Americans against
drug smugglers."
-- Phyllis Schlafly, TownHall.com --
Agents Compean and Ramos must report to jail in TWO WEEKS to begin
serving 11 and 12 year prison sentences respectively!
For contact information and to send editable, pre-written letters
via e-mail, log on to:
http://capwiz.com/jbs/home/
__________________________________________________
Bush Gives 16 Pardons to Minor Criminals
- By JENNIFER LOVEN, Associated Press Writer
Thursday, December 21, 2006