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CAIR‘s indomitable lunacy continues, this time in Clarksville, Tennessee. Determined to expunge the United States of its rights and laws, and in particular the 1st amendment, and replace them with sharia law, CAIR forges ever forward with its cache of weaponized lawsuits designed to eradicate our culture and our way of life in favor of an Islamic state. They use our civil liberties and freedoms against us in order to annihilate those freedoms. Of course, when the police force and city government are so willing and anxious to capitulate to CAIR in such matters, one can’t help but feel a trifle concerned as to the accommodating dhimmification of those tasked to protect us.

The below piece by Christine from the 910 Group blog, reposted over at the always relevant Gates of Vienna is a truly entertaining and pertinent piece.

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Bacon: The New Hate Crime

Thee article below was posted today by Christine at the 910 Group Blog.

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Here’s the latest alert from Council on American-Islamic Relations (CAIR):

CAIR SEEKS FBI PROBE OF ‘HATE CRIME’ AT TN MOSQUE

Political, religious leaders asked to repudiate growing Islamophobia

(WASHINGTON, D.C., 4/10/07) — A prominent national Islamic civil rights and advocacy group today called on the FBI to investigated what Tennessee law enforcement authorities are calling a “hate crime” targeting a mosque in that state.

The Washington-based Council on American-Islamic Relations CAIR said worshipers at the Islamic Center of Clarksville found a defaced copy of the Quran, Islam’s revealed text, on the front steps of the mosque just before communal prayers (Jummah) on Friday. Two strips of bacon, which is prohibited for Muslims to eat, were smeared in the Quran. Local police are investigating the incident as a hate crime.

SEE: Muslims on Alert After Hate Crime (Leaf-Chronicle)

“We once again urge local, state and national political and religious leaders to repudiate the growing level of anti-Muslim rhetoric in our society that can lead to such troubling incidents,” said CAIR Executive Director Nihad Awad.

mmmmm… bacon….According to the Clarksville Leaf Chronicle, two hours before the 1 p.m. Friday service, the Koran was found on the front steps of the Islamic Center. Someone had written “Mohammad pedophile” on the front, and an (unnamed) expletive was on the inside, smeared under two strips of bacon. Not only did the local police report it as a hate crime, but they said they would contact the FBI. Mosque representatives are meeting with the City Mayor Johnny Piper to see what he can do as well.

This is a clear example of how hate crime laws are being used to impose sharia law, in the guise of religious special accomodations, and in place of U.S. federal or state laws. I’m not a lawyer, so correct me if I’m wrong — that’s why we have a comments section — but under the current laws in Tennessee and the U.S., these are facts of the case:

1. The Koran — simply a book under our laws, rather than “Islam’s revealed text,” and therefore not subject to the special treatment required by sharia law — belonged to whoever put it on the steps. So no theft or defacement of someone else’s property was involved. If I had left a Bible on their steps, would that have been a hate crime? Or a Koran from Yemen, not accepted by the Wahhabi cult?

2. Leaving a Koran on a property’s steps — again, just a book like any other, under our law rather than sharia law — does not vandalize that property. Maybe you can define it as littering, but “hate crime littering” seems a bit of a dhimmitude stretch when it’s a single book and two pieces of bacon, neatly placed inside the book.

3. Writing in a book, including a Torah, New Testament, Bible, Lolita, The Pentagon Papers, the Yellow Pages or the Koran (again, just a book under any laws other than sharia) is permitted under the First Amendment. Writing an expletive in a book is permitted under the First Amendment. Writing that Mohammed was a pedophile is permitted under the First Amendment, and is also amply documented by both Islamic and other scholars of the Koran.

[Scriptural Evidence] Volume 7, Book 62, Number 64: Sahih Bukhari [the most venerated and authentic Islamic source]

Narrated ‘Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e. till his death).

4. Bacon is not illegal in Tennessee, and putting bacon in a book is not illegal in Tennessee. It’s a waste of good bacon, but it’s not illegal. In fact, Tennessee is the new home for the Pig Improvement Company, the world leader in genetic pig stock production (“Selling breeding stock and boar semen is a profitable business…”):
– – – – – – – – – –

In 2005, the Tennessee pork industry had over $52 million in cash receipts and ranked 24th in the United States in pork population. Tennessee’s 1,300 pig farms take up 51,876 acres of land and constitute the state’s 10th most lucrative agricultural industry.

Where was the underlying crime that must exist for this to be a “hate” crime, under U.S. or Tennessee laws? Or was the underlying crime one that exists only under sharia law, followed with meticulous political correctness by the Clarksville police in reporting it as a hate crime? Will leaving a book on the steps of a mosque become criminal trespass, in order to find some underlying crime to make it “hateful” under the National Incident Based Reporting System (pdf format) of the Department of Justice? The methodology for gathering hate crime statistics uses 3 categories of crimes: against people, against property and against society. Since this was not a crime against property or people, under U.S. and state laws, should we assume that the Clarksville police department has found it to be a crime against society under sharia law?

Or are we in the never-never land of searching for or inventing underlying crimes, to criminalize hostile and critical speech, so that it can be prosecuted as a hate crime? The 2005 Department of Justice “Study of Literature and Legislation on Hate Crime in America” (pdf format) warned of the risks:

Over the past 25 years, the federal government and all but one state have passed pieces of legislation addressing hate crime in some way. Still, there remains no national consensus about whether hate crime should be a separate class of crime, and among those supporting hate crime statutes, there is disagreement about how these statutes should be constructed and focused. The keys issues in the debate include:

(1) the necessity of considering hate or bias motivation when the core offenses(e.g., assault, vandalism) are already covered by criminal law;

(2) whether there is a danger in basing additional penalties for crimes upon the thoughts motivating offenders, rather than keeping the focus of criminal law on the behavior itself;

(3) whether it is possible to determine with legally-acceptable levels of certainty the motive behind a person’s criminal acts;

(4) whether, in practice, hate crime laws result in crimes against certain groups of people being punished more severely than equivalent crimes committed against other groups, and if so, whether that is fair and legally defensible;

(5) whether having hate crime statutes deters potential offenders; and

(6) whether having these statutes hinders law enforcement’s ability to investigateand prosecute crime.

Until we determine otherwise, assume that Clarksville, Tennessee is operating under sharia law regarding the First Amendment. Make sure you don’t criticize the violent verses in the Koran while jaywalking, owing time on your parking meter, or buying bacon at Target. You don’t know who in Clarksville’s finest may be watching and reporting you for hate crimes.

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I become increasingly entertained with the concept of Johnny Sutton’s inevitable demise by his own hand. While I think one might be a tad optimistic in believing Sutton and his cabal of fellows and subordinates in the Western District of Texas, where he and they have been doing nothing but regurgitating, practically ad infinitum, the same, tired talking-points and “myths” (many proven lies, as if none were aware) concerning the Ignacio Ramos and Jose Compean border shooting of illegal alien drug smuggler, Osvaldo Aldrete-Davila, could garner any actual jail time resulting from their blatantly hostile and dishonest prosecution of the two former border agents.

I do hold credence in the concept of disbarment hearings for Sutton and company with the preferable outcome actually resulting in banishment from the legal profession altogether. If one has no respect for his or her chosen profession, one should not be engaged in practicing that profession. If that profession involves the professional, through various corrupt and deceptive practices, remanding individuals in a federal penitentiary for 11 and 12 years, then that person should be forcibly removed from that profession. Of course, I would not be sad to see Sutton face more severe punishment.

Now comes word from the private investigator hired by Ramos to locate the illegal drug smuggler, Davila. Apparently Sutton and his crack team of government lawyers and investigators claim they could not locate Davila after the border shooting incident. You might say to yourself, “But they’re the government, they’re super efficient with this sort of thing. If they couldn’t find him, then no one could.” Don’t say that. Okay? It only took one private investigator, Freddie Bonilla, a relatively brief amount of time to ferret out the drug smuggling criminal.

If Sutton is not an efficient tool of the United States government, then he’s either a shill for George W. Bush and the president’s SPP plans, or he’s just a tool. Actually, I’d say Sutton is both.

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Key evidence ignored in border agents’ case
Hired by Ramos, detective says he tracked suspect through vehicle


Posted: March 7, 2007
1:00 a.m. Eastern
By Jerome R. Corsi
© 2007 WorldNetDaily.com


Marijuana found in the back of the van being used by Osvaldo Aldrete-Davila

A private investigator who was hired by former U.S. Border Patrol agent Ignacio Ramos during his trial on allegations he fired at a fleeing drug smuggler says he doesn’t think prosecutors made any significant effort to find the smuggler, later identified as Osvaldo Aldrete-Davila.

Freddie Bonilla told WND that his investigation of the Feb. 17, 2005, incident was straight-forward, and led him quickly to Aldrete-Davila’s identity, and he believes the federal government should have been able to do the same thing.

Bonilla, who was a homicide investigator with the El Paso Police Department and later the chief of detectives for the El Paso Sheriff’s Department, also has served for several decades as a private investigator.

In preparing for the defense of Ramos, who along with Jose Compean was accused of shooting at Aldrete-Davila when Aldrete-Davila’s van – loaded with drugs – was trapped by federal officers and he fled on foot back to Mexico, Bonilla said he started by looking at the van that Aldrete-Davila abandoned at the scene.

“Why didn’t the Drug Enforcement Administration track down the van to find out who the owner was?” Bonilla asked WND. “That van was physical evidence of the crime that was never seriously investigated. Yet, prosecutor [U.S. Attorney] Johnny Sutton has been all over the national media saying there was no physical evidence he could have used to prosecute Aldrete-Davila. What about the van?”

The two former federal agents now are serving prison terms of 11 and 12 years on their convictions for that incident, even though Aldrete-Davila never was charged with the drug case – or a subsequent drug smuggling incident – and in fact was given immunity to testify against the federal border agents.

In an interview WND published Jan. 20, Sutton said there was no evidence against Aldrete-Davila which could have been used to build a case against him at trial. He explained that was why he granted immunity, to gain access to information in return.


The van used by drug smuggler

But WND also has reported that a March 20, 2005 Department of Homeland Security investigative report filed by Jose Arredondo and vehicle towing receipts document that Aldrete-Davila was driving a 1989 Ford Econoline, bearing Texas license plate number 9GSW89.

At the same time, WND reported that the van was towed to the El Paso sheriff’s compound where it sat for approximately one month before the U.S. Border Patrol Evidence Team entered the compound, dusted the vehicle, and found 11 fingerprints, only three of which were duplicates.

But there’s no indication the DEA or Department of Homeland Security investigators ever examined the vehicle or the fingerprints for evidence that might have led to Aldrete-Davila.

Bonilla said he quickly tracked the vehicle to Jesus Beltran, an El Paso self-employed construction worker who buys and sells used cars to supplement his income. Then Beltran examined photos of the van provided by Bonilla, as well as wrecking company towing records, and identified it as one he purchased in 2004 from an El Paso wrecking lot.

He registered it under his name and kept it for five months, then sold it to a friend in Juarez, Mexico, for $1,300. The Texas plates on the car at the time of the Feb. 17, 2005, drug incident were registered to Beltran.

“If I could find the car and how it got down to Mexico,” Bonilla said, “then why couldn’t the DEA or the DHS have tracked down the car in the attempt to find out who the drug smuggler was? Right there I found out far more than anybody ever investigated for the Border Patrol.”

Even after Davila came forth on March 4, 2005, with the Mexican Consulate demanding the prosecution of the Border Patrol agents who shot him, Bonilla felt DEA and DHS should have investigated the van.

“If you tracked down Beltran’s friend in Juarez,” Bonilla argued to WND, “dedicated law enforcement in the U.S. might have uncovered the drug smuggling ring that hired Davila to run that load across the border.”

Bonilla provided WND with photos of the drug van at the levee, where Davila ran the two front wheels over the edge before he abandoned the vehicle in the attempt to escape on foot. Bonilla also provided photos of the 743 pounds of marijuana discovered in the van at the scene of the incident.

Another issue Bonilla raised was the cell phone found in the van after Aldrete-Davila fled. “There were a total of 9 Border Patrol officers on the scene Feb. 17, 2005, plus two supervisors. Why is it that the DEA or DHS never investigated the cell phone Davila left behind? That cell phone should have had valuable numbers in the memory that could have led to Davila or the drug syndicate he worked for.”

WND also has reported the Border Patrol found a cell phone in the drug van, with a charger plugged into the cigarette lighter.

The telephone became a subject of questioning at the trial for Ramos and Compean, when Ramos defense attorney Mary Stillinger asked the smuggler about it, and he said he got it from drug dealers in Mexico who hired him to walk across the border, find the marijuana-loaded van with a key in the ignition and drive it away.

But there was a discrepancy between his testimony and the evidence observed by investigators:

Stillinger: The phone that was in the van, was that your telephone, or was that a telephone that was given to you for the purpose of helping you to do this transaction? Aldrete-Davila: Yeah, they gave it to me when I got on the van. When they sent me there, they gave it to me. I didn’t have a telephone.

Stillinger: Okay. And they gave you the phone charger with it?

Aldrete-Davila: No, just the telephone.

Stillinger: Okay. So the phone charger – there was a phone charger in the van, wasn’t there?

Aldrete-Davila: I don’t know. They just gave me the telephone. I don’t know if there was a charger or not.

Aldrete-Davila further testified that the phone was Nextel and that the drug users used the radio feature, not the telephone, to communicate. He also testified that he did not plug the phone into a charger.

“The whole thing with the cell phone was ridiculous,” Bonilla told WND. “That cell phone should have been the first thing DEA or DHS should have been investigated to find Davila or his drug smuggling partners.”

“Besides, Davila was lying about everything,” Bonilla told WND. “He never explained how that white van on the other side of the Rio Grande knew to be there waiting for him when he ran away. Did he call his buddies when he was evading the Border Patrol hot pursuit? How come DEA or DHS didn’t look into whether Davila called anybody when he was running away?”

He also offered an explanation for why Compean and Border Patrol Agent Arturo Vasquez picked up the spent shell casings expended when Compean and Ramos fired at the fleeing smuggler.

“I was a firearms trainer in the Marine Corps,” Bonilla said, “and from the first day at the firing range through 26 years in law enforcement, it was hammered into my head that the first command after you finish shooting is to load and holster your weapon, and the second command is always, to pick up your brass or shell casings.”

He also suggested that Border Patrol supervisor Jonathan Richards, who was also on the scene in 2005, should have known there had been trouble. “Richards was the main supervisor at the scene and he was made aware there had been shooting, despite what he testified at trial,” Bonilla insisted. “Richards saw Agent Compean covered with dirt and bleeding from the face. But he convinced Compean that if Compean reported the matter, that it would require a lot of paper work, and then having to go to the F.B.I.”

That would corroborate an earlier report when WND examined the transcript of a May 15, 2005 job suspension hearing Compean had with El Paso Border Patrol Sector Chief Louis Barker, in which Compean said Richards discouraged him from filing written reports after the incident with Davila.

Besides the Ramos-Compean case, there also has been an uproar over the conviction of Deputy Sheriff Gilmer Hernandez, who fired his weapon at a van loaded with illegal aliens he thought were trying to run him down. He was convicted for that and he’s scheduled for sentencing later this month.

Yet another that already has been resolved, at the expense of a former federal agent, involves David Sipe, who was accused of improperly hitting a coyote [someone who smuggles illegal aliens into the U.S.] while he was resisting arrest with a flashlight. He was convicted and sent to prison before an appellate court overturned his conviction, and he was acquitted during a re-trial in January.

However, Sipe lost both his career and marriage because of the charges against him.

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As the Ignacio Ramos and Jose Compean fiasco gains momentum with those who support the two incarcerated agents specifically, the border patrol generally, and the probe into questionable conduct by U.S. Attorney, Johnny Sutton and company, so too does this story gain detractors–detractors who generally have no more than a broad understanding of the incident, the trial, and the recent firestorm of outrage from the public and a growing number of congressmen and senators who are understandably demanding an investigation of Sutton, his office, and the DHS among others for their dubious ethics in regards to the apparent railroading of Ramos and Compean.

First, many question if these men are actually heroes. Here’s a typical, partisan comment from Joshua Holland writing for Alternet.com

So the [right] wingnuts have taken to calling Johnny Sutton an “agent of the Mexican government,” demanded that Attorney General Alberto Gonzalez step into the case and generally made a big stink on right-wing talk radio, blogs and on their fake “news” sites like Townhall and WorldNetDaily. It’s all gotten conflated with the rank-and-file rebellion against the Republican Party over immigration. To many on the right, the two dirty cops are “illegal immigration heroes.” [bold emphasis]

And from an Anonymous poster on this piece

Whoa..everyone here needs to chill out. First, shooting someone in the back is not a “heroic” action. I don’t know who taught you right from wrong, but you need to do some serious soul searching if you thing this is alright.

First, the comment by Anonymous is indicative of those who know little about the circumstances of the case. Compean claimed the illegal alien drug runner had a shiny object in his hand and it appeared as if the fugitive was turning to use it. Making the assumption that it was a gun, you simply cannot tell agent Compean that the suspect did not have a gun. If he saw what he thought was a gun, Compean has the right to defend himself. This is basic police policy. What would normal human being do in a similar situation?

As for both comments above, I call them heroes because they do something most of us don’t have the balls to do, and they do it every day. They protect us with their own lives on the line, regardless of their imperfections–the same imperfections many of us have. The same can be said of firemen, marines, policemen, etc. I am a television producer. I am not a hero. Ramos and Compean are heroes.

Holland’s comments are rife with liberal political partisanship when this is simply a matter of justice–left and right should make no difference. Of course, I would be a hypocrite if I said I don’t include opinion in my writing (for crying out loud, this is a blog after all), but Holland even ridicules news outlets for offering information that doesn’t line up with his liberal leanings. The Onion is a “fake” news site. World Net Daily is not. Whether you are uncomfortable with the level of bias World Net Daily delivers, dubbing it fake is odd. Alternet.com takes a similar approach, but I would not pin them as “fake” because of the political bias. Their leading headline, Bush is Screwing Up the War on Terror I couldn’t agree with more. Does this make me a liberal? No (though some neo-cons would strongly disagree.) Does reading World Net Daily make me conservative? No. I never agree with every story a news outlet pushes on any website I visit or any publication I read. To do so would be mindless.

Personally I visit several news sites, conservative and liberal, and while I prefer to think of myself as a moderate, I often find myself leaning toward, what to me is, the more stable and thoughtful stance, and that generally leans to the right.

One thing I can certainly say about the liberal leaning news outlets is their trend to manipulate through emotional, straw-man arguments often devoid of logic. Take for example the cover story in latest issue of The Nation–Lockdown in Greely: How Immigration Raids Terrorized a Colorado Town (Marc Cooper.)

…December 12, the holiday celebrating the appearance of the Virgin of Guadalupe. What materialized in front of the Swift gates that morning was more like a vision of hell. Shortly after 7 am a half-dozen buses rolled up with a small fleet of government vans, which unloaded dozens of heavily armed federal agents backed by riot-clad local police. Immigration and Customs Enforcement (ICE) agents sealed off all entrances and exits and formed a perimeter around the factory. Then others barged inside and started rounding up the whole workforce.

Some of the frightened workers jumped into cattle pens; others hid behind machinery or in closets. Those who tried to run were wrestled to the ground. Sworn statements by some workers allege that the ICE agents used chemical sprays to subdue those who didn’t understand the orders barked at them in English. The plant’s entire workforce was herded into the cafeteria and separated into two groups: those who claimed to be US citizens or legal residents and those who didn’t.

Talk about appeals to emotion. The entire article is much like this–one big hyperbolic mess with absolutely no respect for American citizens, native born or immigrant. Vision of hell? A fleet of government vans? They barged inside? What constitutes a vision of hell? I’ve never been there (and hope I never pay a visit), so why the drama? I’m assuming that a fleet constitutes at least two vehicles, but the apparent tone conveyed here is to insinuate a large group of military vehicles filled with nasty-bad government agents, who in reality are simply doing their jobs, much like Ramos and Compean did. And they barged into a facility that was breaking the law by employing illegal immigrants, many of whom were shown to be guilty of identity theft which obviously illustrates why many of the workers initially attempted to hide and flee.

Curiously, pro-illegal immigrant activists, many of whom are liberals, simply don’t understand that they’re in the same boat with President Bush on this issue. You guys actually agree on something–Bush wants a low-paid, easily exploitable workforce and so do you. For many other reasons as well, I do not want to exploit poor illegal aliens. I desire an improved immigration system that starts with sharpened enforcement at the border.

More from The Nation article…

“By saying these raids were about identity theft, ICE and the Bush Administration suddenly changed the rules of the game,” says Mark Grey, director of the Iowa Center for Immigrant Leadership and Integration. By highlighting the identity-theft angle, DHS officials have cast into a sinister light a common practice, at worst a victimless crime.

Hyperbole is one thing. Fabrication is another. Identity theft is never victimless, and it’s a crime that’s growing as more illegals flow into the country unfettered due to our porous border. I’ve heard illegal immigration apologists attempt to explain it away as an inevitability (and that seems to excuse it for them) but I’ve never heard or read anyone be so bold as to state identity theft is victimless. Tell that Linda Trevino and Steve Millet and the many thousands more victims of illegal immigrants who stole identity information of legal residents.

Earnings in limbo

More from The Nation story…

…says an indignant Robert McCormick, a Greeley immigration attorney representing about sixteen of the workers. “This is indeed a declaration of war on the immigrant community. This is about Republicans trying to appease their core bloc of supporters. Yeah, some people got a big kick out of this. But I think most Americans were revolted by it. Here in town, a lot of people have said they want no part of it. And others, I assure you, are going to wind up being very ashamed of it.”

As someone who supports stronger borders and LEGAL immigration I find particularly infuriating how often illegal immigration activists love to leave out the word illegal when discussing the subject of illegal immigration. I am wholly against illegal immigration. I am completely in support of legal immigration. As cheesy as this sounds, I am filled with joy (yes, filled with joy) when ever I hear “The American Dream” story, particularly centered around immigrants–immigrants who came to this country with little to nothing, and managed great successes for themselves. Whether they became CEO of a corporation, or they simply bought a home in the Midwest, I am always pleased when immigrants successfully weave themselves into the fabric of our society.

Conversely, it saddens me when illegals enter the country and fail to even attempt at integration. This post from last summer clearly demonstrates this problem. As I state in that piece (accompanied with the L.A. Times article, 6+1=1 Tenuous Existence), immigrant assimilation is the best means to achieve success in a foreign society.

From the mentioned post…

[L.A. Times – Neither Magdaleno nor her husband speaks English, though she has been in the United States 22 years and he 28. Even her teenage daughters speak mostly Spanish; their English vocabulary is limited.

Jesus Christ! Twenty-two and 28 years and they still haven’t learned English? None?! What’s even more frightening is the fact that their teenage children barely speak English as well. This is very sad. To me, it speaks volumes on Mexican familial culture–how improving oneself is simply sneaking across the border and continuing a genealogy that one was trying to escape in the first place.]

As I’ve said before, I don’t blame poor Mexicans (or Chinese, or Indians, etc.) their need to come to this country for a better life. I blame this presidency and his administration for their failures to secure our border. When illegals enter the country, bypassing the proper channels to become legal residents, they will almost always fail to integrate. This often translates into large, poor illegal immigrant ghettos that do nothing to support the economy while serving as ethnocentric pools of resentment and anger towards the community, the city, and the country where in they now reside.

Also from commenter, Anonymous

 

It is also a ridiculous statement to say that immigrants are “rotting” this country. If immigrants did not “rot” America for the first 300 years, how are they doing it now? The crime, gangs, and drugs would be here whether these people came or not. Crime was an issue long before immigration.

I may have been participating in dramatic license, but it is true, the more unrestricted illegal weight bears down on this country, or any country for that matter (France anyone?), the more damaged it becomes–more rotten. Here are some interesting statistics from the L.A. Times, an infamously pro-illegal immigration, liberal publication…

– 40 percent of all workers are working for cash and not paying taxes. Why would they want to be legal and pay taxes? They would be able to start bringing the rest of their families to the USA.

– 75 percent of people on L.A.’s most-wanted list are illegal aliens.

– Over two-thirds of all births are to illegal alien Mexicans on Medi-Cal whose births were paid for by the taxpayers.

– Nearly 25 percent of all inmates in California detention centers are here illegally.

– Over 300,000 illegals are living in garages.

[Anonymous] The crime, gangs, and drugs would be here whether these people came or not. Crime was an issue long before immigration.

– The FBI reports half of all gang members in Los Angeles are most likely illegals from south of the border.
[Hecubus] Additionally, if our border was more secure, we would be dealing with fewer drug and crime problems. Would we still have crime and drugs? Of course, but it would be diminished.

– Nearly 60 percent of all occupants of HUD properties are illegal.

– 29 percent of inmates in the federal prisons are illegal aliens.

– The lifetime fiscal impact (taxes minus services used) for the average adult Mexican immigrant is a negative.

– They also send between about $15 billion back to Mexico to assist their families and prop up the corrupt Mexican government that keeps most of its citizens in poverty.

– It cost Los Angeles $276 million in welfare costs for 100,000 children of illegal aliens.

[Anonymous] And please don’t get indignant and act like you don’t reap the benefits of undocumented workers. You like your oranges cheap. All of your products that are “Made in America” have most likely gone through the hands of undocumented workers at some point. Deep down you know that these people are benefitting you.

– Less than 2 percent of illegals are picking crops but 29 percent are on welfare.

Add to that California alone spent nearly $8 billion dollars in 2004 to educate illegal alien children and children of illegals. Also, the rate at which emergency rooms in California are closing due to EMTALA and illegal aliens not paying E.R. bills is astonishing. Who ends up footing the bill for these unpaid costs? American citizens.

[Anonymous] I am Mexican, and I don’t believe I have any diseases that are foreign to this country. I don’t believe that I have ever brought any foreign diseases back to the U.S. from my travels. You need to get the facts straight.

Also, many diseases are on the rise due to illegal immigration. I’m not saying you’re disease ridden, Anonymous. I’m simply pointing out facts that many illegals who do not go through proper immigration channels are carriers of communicable diseases. Some illnesses thought to have been nearly squashed are on the rise again because of this–plague, dengue fever, and polio. Even leprosy has seen an alarming rise in regularity because of illegal immigrants.

Anyway, there is a horrible misconception in this country right now, based mostly on what people hear rather than on what they know, that illegal immigrants perform jobs that Americans won’t do (though of late, this has been altered by illegal immigrant activists to “jobs Americans are too qualified for” since the condescending catch-phrase “jobs Americans wont do” was failing miserably.) This is patently false, but it’s been regurgitated over and over so much that people simply accept it. (There was an incident recently in the post-Katrina south where African Americans looking for work at a specific job site were told to go home because “the Mexicans” were coming to work for less pay.)

For those of us living in border states, particularly southern California, keep in mind that Latino workers makes up only 5% the total workforce in the United States, and they don’t make up a majority of the workforce in any occupation in America–yes, not even car washing, gardening, or house cleaning.

Much of the problem lies with employers, such as Swift Co. from The Nation article mentioned above, who hire illegals for a lower wage than actual American citizens are willing to take (well below minimum.) It’s about a fair wage. Pay American citizens a fair wage and they will do those jobs that so many are claiming only illegals will do because we, as American citizens, are too good to get our hands dirty. In fact, if there weren’t as many illegals doing “jobs Americans won’t do” then Americans would be able to fill those jobs, probably promoting a general increase in wages for many Americans altogether.

American citizens are doing jobs throughout the country that illegal immigrant activists say they won’t do. Americans are making livings and getting paid fair wages gardening, house cleaning, building homes, and working at McDonalds. Often views are skewed by where people live (border states) and what they see in the news.

Many legal immigrants (Latino and otherwise) find great offense to the idea of illegals getting any sort of benefits, let alone amnesty, by being in the country without having gone through the proper channels. Most immigrants have waited with great patience, going through those proper channels in order to become American citizens. The general disdain and disrespect pro-illegal immigration protestors and activists have towards the country that they are trying to win favor from is galling.

What needs to happen? Mexico needs to step up to the plate and provide for its citizens, and the United States needs to stop paying their bills without any help from Mexico. Mexico relies on the fact that its citizens emigrate to the US. It even took out full page ads in American newspapers supporting Bush’s guest worker program! It’s what keeps the rich wealthy, and the poor even poorer. The corruptness of the Mexican government is abhorrent, and if it were governed with any sense of responsibility (doubtful there will be any change even with the new leadership), the situation would probably be different, especially considering Mexico is rich in natural resources. What the illegal immigrant demonstrators and activists should do is use that same determination to protest their own government in Mexico to incite change instead of alienating the American audience it’s trying to win over.

Ultimately this is not a racist issue, at least for me. This is about providing American citizens a fair shot and keeping our economy running smoothly. Simply, if you pay people more money, they put more money back into the economy. If you pay them less, they put less back in, which weakens the economy. Add to that, most illegal immigrants send much of the money they make back to their families in Mexico and you can see how much of problem this will ultimately become (and already is.)

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Senate hearings on Ramos-Compean postponed
Democrats who want ‘extreme’ sentences probed blame ‘scheduling difficulties’


Posted: February 20, 2007
7:57 p.m. Eastern
By Jerome R. Corsi
© 2007 WorldNetDaily.com
Senate Judiciary Committee hearings scheduled by Sen. Dianne Feinstein, D-Calif., to investigate the prosecution of border agents Ignacio Ramos and Jose Compean and Texas Texas Sheriff’s Deputy Guillermo “Gilmer” Hernandez have been postponed, WND has learned.

Sen. Feinstein’s office told WND scheduling difficulties were responsible for the cancellation of the Feb. 27 hearing and her office anticipates that a new hearing date will be set soon. A spokesman for Sen. John Cornyn, R-Texas, said he was disappointed to hear of the postponement, noting the senator’s staff had done extensive work in preparation. As WND reported, Feinstein received permission from Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., to examine the cases.

The Bush administration has drawn strong criticism from Republican congressmen angry about its handling of a case in which two border agents were given 11- and 12-year sentences after granting a drug smuggler immunity to testify against them.

“I strongly believe that the sentences in this case are too extreme, given the criminal nature of the defendant and his possession of large quantities of drugs,” Feinstein said in a statement. “These men were given sentences that some individuals who are convicted of murder wouldn’t receive.” Leahy’s office did not return WND’s call for comment.

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The following story, commencing this past October of 2006 in the city of Long Beach, California (about 30 miles south of where I live in Los Angeles), with a brutal, racially motivated beating and culminating with the severe travesty of justice that is the sentencing doled out to the perpetrators, is nothing short of shocking for a hate crime of this severity.

Last October 31, three black young women were viciously assaulted by nine trick-or-treating white teenage boys and girls. Prior to the ferocious onslaught, the nine assailants ridiculed the three black teenaged victims by hurling racial epithets, pumpkins, and various fruits at their prey. One white teen even was heard to yell, “I hate blacks!” After the aggressors could find no other vegetables to chuck at the targets, they then proceeded to beat the three black girls into another state of mind. The antagonists used their fists, their feet, and their skateboards during the attack, all while continuing their barrage of racist slurs and aspersions at their black female victims. One girl, with dozens of broken facial bones, nearly lost an eye in the attack. Now she must remain in an upright position for three months, not even allowed to recline in order to sleep at night.

While the trial ended in guilty verdicts for all nine villains, the sentences handed out by Judge Gibson Lee stupefied the victims, their families, the community and the cities of Long Beach and Los Angeles–simple probation. The first conviction constituted a gross injustice as the young boy was handed a laughable sentence of 60 days, house arrest. For the remaining eight pugilists, much of the same–probationary house arrest. To call this an outrage is to put too light a word to it. This is an atrocity.

In the politically correct age in which we live, one might be stunned into wondered astonishment as to how such a travesty as this could come to pass–three young black women nearly beat to death by nine savage white teens.

How? Well, it did and it didn’t. Read the above story again, only this time, replace nine white teens with nine black teens, and three black girls with three white girls. Do you have more clarity now? Do you know why the judge gave such lenient sentences to the offenders? If you do, explain it to me because I still do not understand.

 

Photo

Halloween beating victims, left to right, Lura Schneider, Michelle Smith and Loren Hyman speak to media outside a Long Beach, Calif., courthouse Wednesday Jan. 31, 2007. The three young women were in court Wednesday to give ‘victim impact statements’ to the judge who last week convicted their attackers. (AP Photo/Nick Ut) ,

 

4 Halloween defendants given house arrest, probation

Victim’s attorney disagrees with sentence

By Tracy Manzer, Staff writer

 

LONG BEACH – Four teens were sentenced to probation and house arrest for 60 days for their roles in the Halloween beatings of three young white women attacked by a mob of black youths in Bixby Knolls on Halloween.

An 18-year-old male, his twin sister, 14-year-old sister, and 16-year-old friend have been in custody since their arrest after the beating.

They faced sentences ranging from probation to time in the California Youth Authority, although most involved in juvenile law agree the disposition will be geared more toward rehabilitation than punishment.

Doug Otto, attorney for the three victims, said he disagreed with Judge Gibson Lee’s verdict.

“The judge said he felt bound by case law and statutes to impose the least restrictive sentence,” Otto said after coming out of the courthouse. Otto said Laura, the woman who said she was knocked unconscious by the boy, was particularly upset by the sentencing.

“We disagree strongly, but we respect the law,” Otto said. “This doesn’t feel like justice.”

All nine defendants, eight girls and one boy ages 13 to 18, were convicted of felony assault last week. A girl, 12, was acquitted.

Lee had scheduled the nine convicted teens’ sentencing, or disposition as it is called in juvenile court, over three days, with four Friday, another four on Tuesday and the final youth on Wednesday.

A hate-crime allegation was found to be true in eight of the cases, and an allegation that gross bodily injury was personally inflicted by the accused was found to be true for six of the convicted teens.

In the attack, a group of 20 to 40 black youngsters surrounded and beat the women to the ground as trick-or-treaters gathered in a Bixby Knolls neighborhood.

The hate-crime allegations stemmed from witness reports that several in the group yelled racial slurs during the assault, which occurred at about 9 p.m. Halloween in the 3800 block of Linden Avenue.

The youngest minor, a 12-year-old girl, was acquitted of the charge.

The Press-Telegram has chosen not to identify by name the victims, accused minors or witnesses in the case out of concern for their safety.

 

Cherrale, the mother of three teens convicted in the Bixby Knolls beating, smiles as she leaves the Long Beach Courthouse on Friday. The Press-Telegram has withheld the names of the convicted teens and their family members because the case has been heard in juvenile court. (Jeff Gritchen / Press-Telegram)

 

 

Four more get probation in beating

Youths’ sentences similar to those handed down to others last week.

By Greg Mellen, Staff writer

LONG BEACH – Four black female minors were sentenced to house arrest, probation and community service on Monday in the beatings of three white women on Halloween.One female defendant, a Cal State Long Beach student and the last of 10 tried in the case, will be sentenced today. Four others received similar sentences Jan. 26, while one, a 12-year-old girl, was acquitted.

A representative of several of the defendants’ families said they will comment after the final sentence is handed down by Long Beach Superior Court Judge Gibson Lee.

District Attorney Andrea Bouas argued for stronger penalties in three of the four sentences on Monday.

The four were convicted Jan. 26 of felony assault on the three victims. A hate-crime enhancement was found true on all four sentenced Monday.

However, Lee handed out the same sentences he had on Friday to four other teens: probation, 60 days of house arrest, 250 hours of community service and classes on anger management and racial tolerance.

Before Lee handed down his sentences to a 13-year-old, two 14-year-olds and a 17-year-old, Bouas recommended that three of the defendants be sentenced to time in California Youth Authority camps.

Bouas said about two defendants, a 17-year-old and her younger sister, that the older had a history of “acting out” and the other may have gang affiliations and a propensity for violence.

Bouas said the 17-year-old, an internationally ranked track athlete, had “a gift” athletically but apparently didn’t appreciate it.

“Why would she risk her gift?” Bouas asked. “Maybe she didn’t value what she has. Sometimes when you have success you don’t recognize the value. Maybe this is the best thing that could have happened to her.”

Bouas also noted the older sister had been struggling academically with a 1.92 grade point average, not including athletics.

“The last chance for her is camp, to get her on track,” Bouas said. “She needs intervention.”

The deputy district attorney also asked the 17-year-old be barred from receiving a driver’s license until she is 21, noting a history of citations for driving without a license, including on the night of the assault.

Bouas said the younger sister showed a “frightening propensity for violence.” Bouas said even when a Good Samaritan intervened, it was the younger sister who continued to kick and seemed prepared to attack the physically imposing Good Samaritan.

Bouas also talked about a MySpace Web page that showed the girl and her 7-year-old brother flashing what she said were gang signs.

Attorney Marc Rothenberg quickly contested the assertion that the hand signals were gang-related, insisting it was merely a “thumbs up.”

“I hope I don’t get shot for giving someone a thumbs up,” Rothenberg said, eliciting laughter from the court audience.

Bouas said the younger sister “has a gift but flirts with danger” and worried the younger brother would be “contaminated” by his older sibling.

Lee, addressing gang affiliations, warned the teens: “A word to the wise. Gang activity while on probation is a straight ticket to CYA.”

Much of the information Bouas related was disallowed from the court case, but was permissible during sentencing.

Lee ruled that the court lacked power to impose the license restriction but said that the Department of Motor Vehicles would be advised.

Like the four teens sentenced Friday – an 18-year-old male, his twin sister, 16-year-old younger sister and his 16-year-old girlfriend – the defendants Monday were ordered to pay restitution.

The Press-Telegram does not identify the victims and their families out of concern for their safety and has withheld the names of the convicted teens because the case has been heard in juvenile court.

The nine defendants were convicted Jan. 26 of felony assault on the three victims, who were taunted with racial slurs and pelted with fruit and pumpkins before being beaten to the ground by a mob of youths trick-or-treating on the 3800 block of Linden Avenue.

The 18-year-old twins and their 16-year-old friend sentenced Friday were also found guilty of the special circumstances of hate crime and the personal infliction of gross bodily injury.

While on probation, the teens cannot leave their homes between 6 p.m. and 6 a.m. During house arrest, they cannot leave for anything other than school, not even track practice. All four are competitive athletes.

They cannot contact the victims or associate with known gang members and are barred from socializing with their fellow convicted friends – although Lee noted the teens who are related obviously will have contact.

Probation can be until a minor is 21, authorities said, although it rarely lasts that long if the youths abide by the court’s restrictions and stay out of trouble.

After Lee handed down his rulings, parents of the defendants quietly gathered in a hallway outside the courtroom and signed papers to secure the release of their children. One hopeful adult had two paper lunch sacks with the names of two of the girls scribbled on the sides.

While a contingent of media waited for the families of the defendants at the front of the courthouse, the families left via a side door.

Photo

Halloween beating victim Laura Schneider reacts while speaking to media outside a Long Beach, Calif., courthouse Wednesday Jan. 31, 2007. Schneider, Michelle Smith and Loren Hyman were in court Wednesday to give ‘victim impact statements’ to the judge who last week convicted their attackers. Behind Schneider are unidentified family members. (AP Photo/Nick Ut)

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In relation to Ignacio Ramos and Jose Compean, the below article from The Monitor is quite telling. It appears a former border patrol agent by the name of David Sipe, who had been found guilty of excessive force against an illegal alien and sentenced to prison back in 2001, has now been acquitted of that charge due to information and documentation that was being withheld by the prosecution for years.

HmmmSound familiar?

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Border patrol agent acquitted in excessive force case
January 27,2007

Monitor Staff Writer

BROWNSVILLE — A former U.S. Border Patrol agent was acquitted Friday of using excessive force to arrest an illegal immigrant in a retrial of a 2001 case.

A federal jury said David Sipe was not guilty of using excessive force against Jose Guevarra on April 5, 2000. The case was first tried in front of Judge Ricardo Hinojosa in McAllen’s U.S. District Court in 2001. At the time, a jury found Sipe guilty after a five-day trial.

But while preparing for sentencing in the 2001 case, Sipe’s attorney, Jack Lamar Wolfe, found evidence the U.S. Attorney’s Office had withheld information requested before the trial.

Wolfe cited in a motion for a new trial that prosecutors had not revealed at least four pieces of information:

l A government witness’ criminal background

l Testimony favorable to Sipe by one of his former co-workers

l Additional benefits given to witnesses, like Social Security cards and reimbursements

l Pictures of the victim re-enacting the arrest for investigators

Hinojosa granted the request for a new trial on April 11, 2003.

The U.S. Attorney’s Office appealed the decision to the Fifth Circuit Court of Appeals, which sided with the decision for a new trial on Nov. 19, 2004.

Sipe and Wolfe started preparing for a new trial, but Sipe applied for a change of venue in November last year. The case was subsequently moved to Brownsville’s U.S. District Court.

 

Verdict Reversal for Ex-Border Patrol Agent

David Sipe is a once convicted criminal who can honestly say he “didn’t do it.”

“Relief. Relief. After 7 years, it’s gone. It’s over.”

The ex-border patrol agent gets a 2001 guilty verdict overturned in his retrial for civil rights violations against a smuggler. The incident dates back to April of 2000 in Penitas.

“He was striking me in the side… he was very close to my weapon… and I had to do what I could to control the situation as fast as I could.”

Fearing for his life, David subdues the smuggler by hitting him with his flashlight. It results in staples to the smugglers head. A border patrol investigation is launched and deems his actions inappropriate– even illegal.

“I don’t know how they’re able to do that… but I don’t think that’s fair.”

Neither did a jury who overturns his conviction from the first trial against him.

David says the government, who he faithfully worked under for nearly 4 years, turns its back on him while rolling out the red carpet, as he puts it, for the illegals turned witnesses.

“They got to stay here and work in our country.”

The smuggler even gets a government settlement.

“80 thousand dollars… he now has his own ranch in Mexico.’

As for David– he doesn’t collect a thing. In fact, his life and family gets ripped apart.

“My house foreclosed on after having to file bankruptcy, my children having to live through this… of course my wife divorcing me.”

Through it all, he says, justice is served. And while most about David is forever changed one thing returns and it’s most important thing to him of all.

“I have my freedom back. I’m a man of honor again.”

What lead to this morning’s “not guilty” verdict reversal against the former border patrol agent? Turns out his attorney says the prosecution in the first trial supressed evidence and lied about benefits given to “Alien” witnesses.

Attorney Jack Wolfe explains.

“They with-held evidence about their witnesses who had prior convictions…they didn’t tell us… they were supposed to tell us. In fact, they told us that they had no witnesses with convictions.”

A new trial was granted and David Sipe’s conviction was thrown out. As a result, Sipe is a free man and fighting to get his job back.

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It is becoming more apparent with each passing day that former border patrol agents Ignacio Ramos and Jose Compean have been maliciously prosecuted by the United States government with U.S. District Attorney, Johnny Sutton as the primary malevolent force behind the unlawful suit and subsequent illegal detention of the two ex-agents in separate federal penitentiaries.

If, after having read this piece I posted last week, you are still unconvinced as to the evident innocence of Ramos and Compean, then you will likely remain obtusely stolid in your blind adherence to that belief–a belief that is crumbling as more passionate individuals than yourselves become involved, investigating, questioning, and bringing to light additional information for a case that was rotten to begin with. Your confidence in your government, in President Bush–a man who is purposefully opening our borders to illegals, and detrimentally expanding upon NAFTA through the Security & Prosperity Partnership of North America (SPP) in order to eventually create a North American Union–is alarming.

Yet there exist a large portion of the population who either know nothing about the plight of Ramos and Compean, or they callously and ignorantly side with officials who are on a massive PR push right now in order to deflect accusations of deception and wrong-doing on their part. To those who are savvy, it is obvious such people as Johnny Sutton and Homeland Security Inspector General Richard Skinner are spinning and deceiving and hiding in order to obscure that fact that Ramos and Compean were railroaded by the government.

More comments from readers in this blog post

They shot an unarmed suspect (who they didn’t know was an illegal) in the back.
They tried to cover it up by picking up shell casings
They abandoned the shot man in the wilderness
They filed a false report about it.

Doing their jobs? Doesn’t sound like it.

and…

Looks like the President won’t be pardoning any criminals soon…

White House spokesman Tony Snow last week would not comment specifically on pardon proceedings, but he said the facts presented in court showed that Ramos and Compean tried to cover up what occurred.

U.S. Attorney Johnny Sutton issued a statement in response to allegations the agents were prosecuted for “just doing their job,” saying “nothing could be further from the truth.”

“These agents shot someone who they knew to be unarmed and running away,” Sutton said. “They destroyed evidence, covered up a crime scene and then filed false reports about what happened. It is shocking that there are people who believe it is OK for agents to shoot an unarmed suspect who is running away.”

and finally, this last ignorant and cold comment…

If the President of the United States won’t even consider a pardon, why should I care about them?

While these are most likely comments from the same person, it is apparent that this person(s) has done very little investigation into the case of the border agents. Rather, he/she has relied upon the repetetive ramblings of Johnny Sutton to formulate his/her rash and uninformed beliefs in this matter.

But it is incumbent upon us, as those who proclaim the innocence of Ramos and Compean, to prove that innocence. There is no burden of proof upon those who believe they are guilty, as the commenter(s) above presume as truth due to the outcome of the original trial and the talking points of Sutton. However, and with confidence, I will say that due to people like Sara Carter of the The Daily Bulletin, Jerome Corsi, contributor for World Net Daily, and John Kobylt and Ken Chiampou of the John and Ken Show on KFI, the political prisoners Ramos and Compean will be vindicated and released while people like Johnny Sutton will be brought up on charges and punished.

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Memo casts doubt on agency’s assertions

Homeland Security won’t release papers on border agents’ case

By Sara A. Carter, Staff Writer

The Department of Homeland Security’s assertions that two El Paso Border Patrol agents knowingly shot an unarmed suspect appear to be countered by the department’s own documents, the Daily Bulletin has learned.

Rep. Michael McCaul, R-Texas, told the Daily Bulletin on Wednesday that Homeland Security Inspector General Richard Skinner has refused to deliver documents confirming his office’s claims that Border Patrol agents Ignacio Ramos and Jose Alonso Compean admitted they “were out to shoot Mexicans,” and knowingly shot Osbaldo Aldrete-Davila, a drug smuggler, in a border incident nearly two years ago.McCaul and three other House members met with Skinner on Sept. 26, 2006, to discuss the agents’ case.

The Daily Bulletin obtained a confidential Office of Inspector General memo from an interview Compean gave to investigators on March 18, 2005.

The memo, dated April 4, 2005, supports the agent’s claim that he believed his life was in danger when he tried to apprehend the Mexican drug smuggler on Feb. 17, 2005.Special Agent Christopher Sanchez of the Inspector General’s office stated in the memo that Compean believed Aldrete-Davila was carrying a weapon when Compean fired at him. Sanchez was the main DHS investigator on the case.

“Compean said that Aldrete-Davila continued to look back over his shoulder towards Compean as Aldrete-Davila ran away from him,” Sanchez wrote. “Compean said that he began to shoot at Aldrete-Davila because of the shiny object he thought he saw in Aldrete-Davila’s left hand … Compean explained that he thought that the shiny object might be a gun and that Aldrete-Davila was going to shoot him because he kept looking back at him as he ran away … .”

According to McCaul and the other congressmen who met with Skinner – Reps. John Culberson, Kenny Marchant and Ted Poe, all Republicans who represent Texas – the inspector general told them during their meeting last fall that Ramos and Compean had confessed to knowingly shooting at an unarmed suspect.

The Daily Bulletin made five phone calls for comment to the Office of Inspector General on Thursday, and left the same number of messages again on Friday. None of the calls were returned.

“According to the inspector general, they had evidence that the agents said they were out to shoot Mexicans,” Poe said. “I found that hard to believe and asked if I could see that evidence. They never gave us what was promised.”

McCaul, a former federal prosecutor in Texas, said the Inspector General’s office has refused to provide any evidence thus far to support its claims.

He and his colleagues are now demanding that Skinner turn over documents related to the case or face a subpoena or contempt of Congress.

“I want to weigh the facts and the evidence in this case,” McCaul said. “Either it is total arrogance or gross incompetence on the part of the Inspector General’s office. If what (the DHS) told us was a lie, or if they misrepresented the facts on this case to members of Congress, we are going to hold them accountable.”

Full transcripts from Ramos and Compean’s trial last spring still have not been made available to Congress or the public. According to McCaul, repeated requests for the transcripts since November have been answered with excuses.

Ramos and Compean shot Aldrete-Davila on Feb. 17, 2005, after a foot chase along the Texas-Mexico border. Aldrete-Davila, who was struck in the buttocks, had fled a van the agents were pursuing; the van later turned out to be holding more than 700 pounds of marijuana. The smuggler was given immunity by the U.S. Attorney’s office and full medical treatment for his injuries to testify against the agents.

The agents were convicted of several charges related to the shooting, notably assault with a deadly weapon. Ramos received an 11-year prison sentence, Compean 12 years.

Aldrete-Davila is suing the U.S. Border Patrol for $5 million for his injuries.

Ramos said he testified during the trial that he saw Aldrete-Davila with something “shiny” in his hand, and told the Daily Bulletin he thought it was a gun.

According to the memorandum, seven other agents were on the scene at the time of the shooting, including two supervisors whom Ramos and Compean both stated knew about the incident.

No other agents at the scene that day were prosecuted, and some were given immunity to testify against Ramos and Compean.

Agents and supervisors are required to file a written report if they participate in or know of an incident, according to TJ Bonner, president of the National Border Patrol Council, which represents nearly 11,000 Border Patrol agents.

“The steadfast refusal of the departments of Justice and Homeland Security to provide relevant information to Congress and the public about why Border Patrol agents Compean and Ramos were prosecuted causes people to wonder what they are trying to hide,” Bonner said.

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Ballistics data don’t support
charge against border agents

Investigator: U.S. attorney twisted evidence to fit case – ‘guilty of malicious prosecution’


Posted: January 28, 2007
10:45 p.m. Eastern

 

By Jerome R. Corsi
© 2007 WorldNetDaily.com
Ballistics reports, used in the trial of Ignacio “Nacho” Ramos, one of two Border Patrol agents convicted of shooting fleeing drug dealer Osbaldo Aldrete-Davila, do not support the prosecution’s claim the bullet was fired from Ramos’ gun, according to documents provided to WND from Andy Ramirez, chairman of the Friends of the Border Patrol. Despite the conclusion of a laboratory criminalist that he could not conclusively link the bullet removed from Aldrete-Davila with Ramos’ service weapon, a Department of Homeland Security agent swore, in an affidavit of complaint filed against Ramos and Jose Alonso Compean, that Aldrete-Davila was hit by a round fired by Ramos.


Andy Ramirez

“Johnny Sutton and his assistants are guilty of malicious prosecution,” Ramirez charged to WND. “The prosecutors lied to the jury and he twisted evidence to make it fit his case. And when he couldn’t twist the evidence, the government demanded that the court seal evidence which would have been exculpatory to the defense.”

Nearly two years after the conclusion of the trial, the U.S. District Court for the Western District of Texas has yet to release a transcript of the trial.

WND asked Ramirez if he was aware of the seriousness of his charges.

“I am very aware and I am accusing Mr. Sutton of a felony,” Ramirez told WND, “but I am basing my conclusion on the evidence I have examined in this case and the refusal by the government to provide evidence to substantiate its claim to the Congress and the American people.”

“Back on Sept. 26, 2006, officials from the DHS Office of Inspector General made serious allegations against both agents Ramos and Compean to four members of Congress from the Texas delegation,” Ramirez said. “The Inspector General has subsequently refused to provide their evidence to substantiate their claims to Congress. So I am also accusing the DHS Office of Inspector General of making false statements to Congress in order to prevent a congressional inquiry. I am asking the U.S. Congress to subpoena all documents pertaining to this case including the full transcripts, sealed testimony, and the sealed indictment against Aldrete-Davila in order to get to the truth of this case once and for all.”

Sutton told WND that as far as he in concerned, the issue was settled at the trial. Both defendants and their attorneys stipulated the bullet that struck the drug smuggler came from Ramos’ gun.

Ramirez argues the border agents did not have the best legal assistance, due to a lack of funds.

WND previously reported Rep. Michael McCaul, R-Texas, has accused DHS of stonewalling on the release of documents. Despite persistent requests to hand over promised internal reports, McCaul told WND Congress had not yet received the materials.

In the Sept. 26, 2006, meeting with the Texas Republican delegation, the Inspector General’s office claimed it had substantiating investigative reports that could back up their criminal charges against Ramos and Compean. Among the charges made by IG was that Ramos and Compean had stated Feb.17, 2005, the day of the Aldrete-Davila shooting, they “wanted to shoot a Mexican.”


Monica Ramos embraces her husband, former U.S. Border Patrol agent Ignacio Ramos, two days before he was sentenced to 11 years in prison (Courtesy El Paso Times)

WND also reported Rep. Ted Poe, R-Texas, last week filed a Freedom of Information Act request against the DHS Inspector General’s office to obtain those investigative reports. Poe took this action after DHS informed the Texas Republican delegation the documents would not be turned over to them because the Democrats were now in control of Congress and McCaul was no longer chairman of the Investigations Subcommittee of the House Committee on Homeland Security.

Ramirez has worked on the Ramos and Compean matter for nearly two years, investigating the facts of case and interviewing Ramos, Compean, their families and others knowledgeable about the proceedings. He shared two documents with WND that, he says, undermine the prosecution’s case against Ramos.

In an affidavit filed by DHS March 15, 2005, with the U.S. District Court in the Western District of Texas, special agent Christopher R. Sanchez swore the following:

Ballistics testing confirms a government-issued weapon belonging to U.S. Border Patrol Agent Ignacio “Nacho” Ramos, a 96D Beretta .40 caliber automatic pistol, serial number BER067069M, fired a bullet (a .40 caliber Smith & Wesson jacketed hollow point) which hit the victim in the left buttocks while he was attempting to flee to Mexico.

The second document, a ballistics report completed by the Texas Department of Public Safety, interests Ramirez both because of the agency that did the testing and the results of the test.

“For some unexplained reason, U.S. Attorney Sutton had the ballistics test performed by the Texas Department of Public Safety in El Paso, rather than by the FBI,” he said. “This was a federal issue that should have gone to the FBI and only to the FBI. The Texas Department of Public Safety had no business running a ballistics report on a federal case. The FBI handles all shooting incidents, whether it involves assaults or otherwise, concerning federal agents. DPS should have refused the case and demanded that the bullet be picked up by the FBI for analysis.

“If you ask the Texas DHS how many shooting cases they handle involving federal agents, they would have said, ‘None’. Then, if you asked the FBI how many shooting cases they handle involving federal agents, they would have said, ‘All of them.’ Yet that isn’t how it went in this case. Nothing was done by the rules.”

The results of the ballistics tests were reported in a letter written by Joseph J. J. Correa, a Criminalist IV with the Texas DPS El Paso Laboratory, March 18, 2005, and addressed to Brian D. Carter of DHS in El Paso.

The letter states Correa examined one fired copper-jacketed bullet presented to him by Carter on March 17, 2005. The letter identifies the victim shot by the bullet as “Osvaldo Aldrete.”

In the letter, Correa notes that he was asked to determine the manufacture of the firearm that fired the submitted bullet.

Correa could not positively identify Ramos’s weapon as the one that fired the submitted bullet. His report concludes:

The copper-jacketed bullet was fired from a barrel having six lands and grooves inclined to the right. The manufacturer of the firearm that fired the copper-jacketed bullet is unknown, but could include commonly encountered models of .40 S&W caliber FN/Browning, Beretta, Heckler & Koch, and Ruger pistols.

Correa’s report gives no indication the bullet submitted for analysis was disfigured or in fragments, despite having been supposedly extracted from Aldrete-Davila’s body after reportedly doing massive damage to his groin area and hitting bone.

“The problem was that the ballistics report did not match the bullet to Ramos’ gun,” Ramirez said. “The ballistics report said the bullet could have been fired by any one of four different makes of gun. So, the affidavit of complaint against Ramos and Compean made a statement that was not substantiated by the ballistics report. That is a big problem for the prosecution. Their evidence does not support their accusation.”

The arrest warrant issued for agent Ramos, a copy of which Ramirez also supplied WND, attests Ramos was charged with, “Intentionally assaulting a Mexican national, one O.A.D., resulting in serious bodily injury.” This conclusion is not supported by the ballistics letter written by Texas DPS specialist Correa.

WND has not investigated documents from the prosecutors which would establish the chain of evidence between the time the bullet was extracted from Aldrete-Davila’s groin and the time Carter of DHS presented it to Correa for analysis.

“How do we know that the prosecutors didn’t simply fire a round from Ramos’ gun into gel?” Ramirez asks. “That could explain the nearly pristine bullet the prosecutors presented for ballistics analysis.”

The failure of the prosecution ballistics reports to link the bullet with agent Ramos’ weapon directly challenges a claim made by Sutton to WND in an exclusive interview. In that interview, Sutton claimed that agent Ramos hit Aldrete-Davila:

WND: So, Compean shot 14 times and missed everybody, but Ramos shot one time and hit the drug dealer in the buttocks?

Sutton: That’s correct.

WND: Is Ramos that much better a shot than Compean?

Sutton: Ramos is a marksman.

WND has further learned the bullet was not extracted from Aldrete-Davila’s body until DHS special agent Christopher R. Sanchez brought him back from Mexico, at some unspecified time after the February 17, 2005 incident in which Aldrete-Davila was supposedly wounded by agent Ramos’ fire.

A doctor in Mexico had inserted a catheter to reverse the damage done to Aldrete-Davila’s urethra, but did not extract the bullet.

The bullet was extracted by a U.S. Army doctor, at government expense. According to the physician, the bullet entered Aldrete-Davila’s left buttock from the left side, traversed his groin, damaged the urethra, hitting bone in the process, and lodged in his right thigh. The bullet was extracted from Aldrete-Davila’s right groin and he received reconstructive surgery for the damage done to his groin and urethra and a catheter was reinserted.

WND has obtained the post-operative release form for the U.S. operation. That document specifies that Aldrete-Davila was released to the custody of DHS special agent Christopher Sanchez. WND has not been able to obtain evidence regarding where Sanchez took Aldrete-Davila next, or why.

The Army doctor’s description of the wound directly contradicts U.S. Attorney Sutton’s repeated claim that agents Ramos and Compean shot Aldrete-Davila in the back.

The doctor clearly stated that the wound he observed was consistent with Aldrete-Davila turning to assume a “bladed position” with his left arm extended back toward the officers. This corroborates agent Ramos and Compean’s claim they observed Aldrete-Davila turning back toward them while fleeing, extending his arm and holding an object in his hand that they took to be a weapon.

Aldrete-Davila is left-handed, consistent with the bullet entering his left buttock laterally as he fled and turned back toward the officers, possibly pointing a weapon at them.

“The doper after the surgery was transferred back to the personal custody of DHS special agent Sanchez,” Ramirez said. “So Christopher Sanchez has both the doper and the bullet. Aldrete-Davila was not transferred to a hotel, escorted by federal marshals. Aldrete-Davila wasn’t escorted from Mexico by the Mexican government. Everything involving Aldrete-Davila was left to the personal custody of Christopher Sanchez. Anything could have happened and who would know?”

WND is left to ask the following questions, which the Texas DPS ballistics analysis does not resolve:

  • How did Aldrete-Davila continue running far enough to cross the Rio Grande back into Mexico after he had been hit by a round that passed through his left buttock from the side and damaged his urethra before lodging in his right thigh?

  • How do we know that the bullet extracted from Aldrete-Davila could not have been fired into him during an unrelated incident in Mexico subsequent to Feb. 17, 2005, by a weapon among those of the type described in Correa’s report?

Conceivably, agents Ramos and Compean did not hit fleeing drug smuggler Aldrete-Davila on Feb. 17, 2005, despite firing multiple rounds at him.

“Johnny Sutton and his office have intentionally distorted and misrepresented the facts in this case,” Ramirez charged. “There’s something clearly wrong in the federal prosecutor’s office in El Paso. The Ramos and Compean case is a witch hunt. Every law enforcement agent on the border from Border Patrol agents to ICE agents to deputy sheriffs and sheriffs have gotten the message.”

What’s the message, WND asked?

“The message is simple,” Ramirez replied. “Enforce our drug laws aggressively on the border and you risk going to jail, not the drug dealers. We have a drug war going on along the Texas border and the U.S. government has backed off to the benefit of the drug lords.

Ramirez ended the interview with WND by noting: “After the Ramos and Compean case, no U.S. law enforcement officer on the border will ever again draw a weapon against a Mexican illegal transporting drugs without worrying that effort to enforce our laws may place him in jail, not the doper.”

On Aug. 17, 2006, Ramirez gave sworn testimony on the Ramos and Compean case to the U.S. House Committee on the Judiciary, a copy of which is posted on his website.

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Last week, I went back and forth several times with a commenter who offered the below statements (and my responses) to this piece I posted back on October 24, 2006. It is indicative of and mirrors the argument that U.S. Attorney Johnny Sutton used as one of the central assertions to convict former border patrol agents, and currently interred federal inmates, Ignacio “Nacho” Ramos and Jose Compean.

First reader comment:

The officers shot at a man they knew was unarmed and had committed no wrong doing that they knew about at that point other than refusing to stop his van and then fleeing back toward the Mexican border. The officers knew he was without a weapon and that there was absolutely no threat to their lives. The man held up his hands in surrender yet he was fired at. Not only that but they attempted to cover up their mistakes and failed to report the incident; a clear case of obstruction of justice. How could anyone reasonably call these men heroes?

My response:

The central issue I have with your comment is your statement that Ramos and Compean knew the illegal alien didn’t have a weapon. How do you know that? They claim they thought he had a gun in their testimony.

The lawyers for the illegal would like you to believe that the officers shot wily-nily knowing he didn’t have a gun, but they can’t prove what someone believes, in this case, whether the officer in question believed the alien had a weapon and was going to use it against him. Testimony during the trial stated the officers believed the alien might have had a weapon in his hand, and that he was turning to use it. What would you do in that situation? Wait to see if what he had expelled a bullet in your direction? I would not.

His response to my response:

They said that they believed he had a gun but other than their testimony that he appeared to be reaching back for a weapon, absolutely nothing indicated that he was armed. The evidence suggests that the officers knew there was no gun: [U.S. Attorney Johnny Sutton] …questioned the agents’ claim that they thought the smuggler had a gun. “The evidence reflects something completely different,” he said. “The agents did not take cover and did not tell other agents to Get down. Someone has a gun.’” If they truly thought he had a gun they would have properly responded by hitting the ground or taking cover.

The fact that agents attempted to collect all of the shells fired and did not report the incident gives further creedence to the idea that they knew they had acted rashly because the man was unarmed.

I’m just shocked that so many people are defending these guys. Not only did these men make a mistake but they attempted to cover it up as well and filed a false report.

Their sentence, by federal law, must be 10 years at least. I would hope that they could at least be kept in partial isolation away from other prisoners to avoid harm coming to them in that manner, but frankly, they don’t deserve a full pardon. Their actions were beyond incompetent; they were deliberately deceitful.

And my final response to his response to my response to his comment:

Your statement is an almost identical quote of Sutton’s interview last week on a San Diego radio station. Of course, the concept that ‘absolutely nothing indicated that he [Davila] was armed’ is what the prosecution wanted everyone to believe as part of their case, but you simply cannot tell the border agent that the alien did not have a gun if he, the agent, felt otherwise. Period.

I do not discount the fact that the agents acted improperly by collecting shells and filing false paperwork, but any amount of jail time for a paperwork violation is preposterous. At the most, these men should simply have lost their jobs for their dishonesty (sort of like what should have happened to President Bush for lying to the American people in order to get us into Iraq–unfortunately, Bush is still our President.) The fact of the matter remains that Davila did not ship that particular van-load of drugs because of the efforts of Ramos and Compean. Thank god for their diligence.

The only part of my last response I would change is the statement that Ramos and Compean at most should have lost their jobs due to their perceived cover-up by collecting shells and not filling a proper report. I now believe they should only have been given possible suspensions. Even losing their jobs is too harsh a punishment for the supposed crime they committed, as will be discussed by Jerome Corsi more eloquently and in more detail via the World Net Daily story below.

Stampeding forward on “conspiracy” violations, as Sutton has explained ad nauseum in dozens of interviews–at the root, the agents picking up shells, and not filing proper paperwork–has been discovered, in actuality, a falsehood. Ramos and Compean did in fact provide an oral report to their commanding officer. The border patrol manual states agents are not required to de facto file physical paperwork as long as they provide an accurate oral report of the incident in question, which is what Ramos and Compean did, even disclosing the shooting of Davila. Unfortunately, their supervising officer did not submit a written report based upon the statements provided to him by the two border agents. Too bad for them.

So all those who view Johnny Sutton as the beacon of truth and justice in the case against Ramos and Compean should here realize that Sutton himself is the one who is lying, at least concerning the accusations of false reporting and false paperwork. The agents conducted themselves properly in this matter according to border patrol policies. Sutton, on the other hand, seems to have conducted himself rather inappropriately. The fact that Sutton in conjunction with the Department of Homeland Security are stonewalling the release of investigative documents that could markedly assist Ramos and Compean in their case is quite telling–they are hiding something

But what about the shooting of illegal alien drug-smuggler Osbaldo Aldrete-Davila? Isn’t that the axial reason for putting Ramos and Compean behind bars? Yes. Didn’t they act malapropos by firing their gun and shooting Davila? No.

The former agents did not act unreasonably nor did they mishandle the confrontation with the illegal alien drug-smuggler by discharging their weapons at him and subsquently striking him in the ass. The law used to try Ramos and Compean was apparently either misconstrued by Sutton and his team, or it was intentionally perverted in order to ensure two men and their families would be destroyed–guaranteed maximum jail time for the former agents. The border agents were charged with 18 U.S.C. Section 924(c) which states the following:

Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to life imprisonment without release. (FOOTNOTE 1) Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.

This statute was erroneously used to convict Ramos and Compean for discharging their weapons against the illegal alien drug-smuggler, Davila. While this statute applies to criminals who use weapons whilst committing a crime, it only applies to officers of the law if they use their service weapons in the process of committing a crime (robbery, rape, murder, etc.) Since Ramos and Compean were simply performing their job with no extraneous outrageous actions on their part, 18 U.S.C. Section 924(c) cannot be applied to their particular case, and Sutton’s continued, parrot-like ramblings that the law applies equally all the time is false.

Regardless, we are at day nine of the Ramos/Compean political imprisonment. Their straight-to-jail railroading to me, is a clear message from Bush and his administration (of whom Sutton was a member, including the White House transitional team, when Bush was governor of Texas, even though Bush has claimed he doesn’t know Sutton.) The President wants to eradicate any willingness on border agents to do their job. He has ensured that Ramos and Compean would be the poster-boys for the border patrol–do your job and you will see serious jail time, but let the illegals flow over the border unfettered, and you will be fine.

If this comes back on Sutton though, which could happen, he could see some serious charges brought against him.

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WND Exclusive Commentary


Wrong law used to convict Border agents


Posted: January 22, 2007
1:00 a.m. Eastern
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:

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: The law applies to everyone. And there is no exception for law enforcement officers made.

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.

Again, let’s examine the next exchange in the interview with Sutton:

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?

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.

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.

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(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.

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.

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?

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.

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.

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:

Question: Why did Aldrete-Davila run?

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.

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.

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.

Question: People are going to say that 700 pounds of marijuana is a serious offense.

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.

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?

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.

US Attorney Johnny Sutton

Johnny Sutton

 

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