http://www.burlingtonfreepress.com/apps ... 007&theme=

Second Border Patrol agent pleads not guilty to federal conspiracy charges

By Adam Silverman
Free Press Staff Writer

December 2, 2005
A second U.S. Border Patrol agent accused of falsifying reports to conceal an informant's identity pleaded not guilty Thursday to federal charges of conspiracy, obstruction of justice and making false statements.

Prosecutors allege that Ross Schofield, 33, and another agent caught a man with 60 pounds of marijuana in February at the Newport City Motel, confiscated the drugs but let the suspect go in exchange for tips on future shipments.

Schofield was released on personal recognizance following a short afternoon arraignment in U.S. District Court in Burlington. The other accused agent, Steven Garceau, 33, pleaded not guilty and was released Tuesday. The agents face up to 20 years in prison and fines of up to $250,000 if convicted.

After Wednesday's hearing, Schofield's Boston-based attorney, Paul Kelly, reiterated his client's plea.

"He looks forward to his opportunity to put forward evidence and is confident that evidence will show he was carrying out his duties as a Border Patrol agent," Kelly said. "His actions served the public's interest."

According to the indictment, Schofield and Garceau apprehended the man shortly after he received the marijuana. The agents then took the man and the drugs back to the Border Patrol's Newport station but released the suspect after he promised to inform them of future drug shipments into the United States from Canada.

Schofield and Garceau then filled out official forms saying they had found the marijuana abandoned in Holland, according to the indictment. They repeated that story to supervisors and other law-enforcement agents, and they took Garceau's drug-sniffing dog into the woods to lay down tracks and make it appear as though the dog had led the men to the marijuana, according to allegations in the indictment.

During Thursday's hearing, U.S. Magistrate Judge Jerome Niedermeier placed several conditions on Schofield's release, such as travel restrictions and the surrendering of his passport. At Kelly's request, Niedermeier allowed Schofield and Garceau to maintain contact, so long as they do not discuss the case, because the two men and their families are close friends.

The judge also granted Assistant U.S. Attorney Barbara Masterson's request that Schofield have no contact with Michael O'Connell -- a condition also imposed Tuesday on Garceau. This time, Niedermeier asked who O'Connell is.

"It's not in the public realm, your honor," Masterson said in declining to answer. She did say the agents know who O'Connell is.

Later in the hearing, Kelly described O'Connell as "a witness" but offered no further information.

The Border Patrol has said Schofield and Garceau have been placed on leave. Kelly said Schofield had been suspended with pay but recently received notice that the Border Patrol planned to make the suspension without pay. Kelly said he plans to fight that decision.