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  1. #1
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    Atty: BRIAN TERRY Killers are not US Citizens

    Attorney: detainees in Border Patrol murder are not US citizens
    Posted: Dec 28, 2010 6:53 PM CST Updated: Dec 28, 2010 11:08 PM CST

    Reporter: Steve Nuñez and Claire Doan
    Web Producer: Forrest Carr

    TUCSON (KGUN9-TV) - A federal public defender tells 9 On Your Side that all four suspects arrested two weeks ago in the area where bandits shot and killed Border Patrol Agent Brian Terry were not U.S. citizens. She also revealed that one of those suspects was hospitalized after his arrest.

    The FBI has not released the names of any of the suspects. The Border Patrol turned the case over to the FBI immediately after the shooting, and since then there has been little new information.

    On Tuesday afternoon federal Public Defender Heather Williams told 9 On Your Side that all four suspects arrested in the area that night now face charges of re-entering the United States illegally. She said her office has received just one of those cases to defend. Williams told 9 On Your Side that her client was hospitalized after his arrest and still is not well enough to go to court. She declined to release the man's name or explain why he required hospitalization.

    Williams said her office did not get the other three cases to defend because of the possibility that a conflict of interest might arise among the four detainees. Such a conflict could arise if one or more of the suspects were to decide to testify against the others.

    Williams also told 9 On Your Side that in her opinion, if the FBI had been able to gather enough evidence to charge any of the suspects with Terry's murder, investigators would have done so by now.

    However, criminal defense attorney Mike Piccarreta, who is not affiliated with this case but is no stranger to high-profile cases, believes the FBI is simply being extra careful and thorough, especially for a murder that has garnered national attention. He believes that the lack of charges doesn't necessarily reflect a lack of evidence.

    "The FBI plays their cards close to the vest and generally does not get involved in public pronouncements until they've either arrested, brought a charge or someone high-up decides to talk," Piccarreta said. "This is the proper way to handle it, which is to keep them in custody on the underlying crime until you complete your investigation."

    Furthermore, Piccarreta said there is no requirement that forces federal officials to complete an illegal re-entry case in a specified amount of time, giving them the leeway in instance to possibly extend its resolution and give investigators more breathing room to possibly gather (additional) evidence on other charges.

    Williams was not willing to rule out the possibility that the FBI might be able to make such a case later. "When the FBI has the information they feel can support a probable cause finding by a grand jury I'm sure we'll see indictments and we'll see charges against somebody," she said.

    Williams said that even if the FBI is not able to determine who pulled the trigger, a murder case is still possible if the FBI can prove the suspects were involved in the specific criminal activity that led to Terry's death. "Federal statute does allow people to be charged in those circumstances even though they personally themselves did not do the murder. It's called felony murder," said Williams.

    According to Williams, immigration law allows federal authorities to hold non-citizens for lengthy periods of time without releasing their names to the public. Immigration and Customs Enforcement officials confirmed to 9 On Your Side that ICE does not release the names of any suspects simply facing immigration charges.

    By contrast, if the suspects were U.S. citizens, by now authorities would have had to have either charged them, or released them, according to Williams.

    Williams told KGUN9 News that in assigning the one case to her office, the U.S. Attorney's office told her very little about her client and his companions, other than that they'd been arrested in the vicinity of the shooting, shortly after the crime took place.

    Williams said the U.S. Marshals currently have the four men in custody.

    KGUN9 News contacted the FBI for an interview, but spokeswoman Susan Herskovits declined our request, stating they "have no information releasable regarding this ongoing investigation."

    Terry fell two weeks ago, late on Tuesday December 14. He was laid to rest last a week later in Detroit, Michigan.

    http://www.kgun9.com/global/story.asp?s=13751683


    Brian Terry murder: complete 9OYS special coverage
    http://www.kgun9.com/Global/category.asp?C=202575

  2. #2
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    Imagine that.... They re-entered the United States Illegally... Ol Crapolitano says our borders are more secure than ever.... These Illegals just come and go as they please across our border. I guess It will take a masssive loss of life before our Federal Government decides to do It's job. How many more American citizens have to die before we get serious about DEFENDING our border

  3. #3
    Senior Member stevetheroofer's Avatar
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    Oh! yeah you know Mexico wanted us to take the heat for this and David Hartley, trying to blame his wife!
    Now what Mexico? Blame us cause we don't speak spanish? Oh! that's right
    you already do!
    Ol' Crappy!
    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at http://eepurl.com/cktGTn

  4. #4
    Senior Member Ratbstard's Avatar
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    She also revealed that one of those suspects was hospitalized after his arrest.
    Was he medivac'd out before Terry?
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  5. #5
    Senior Member LawEnforcer's Avatar
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    I expecty that the prosecutor will ask for the death penalty for this horrendous murder. 5 against 1 is not self defense.

    The Mexican government will defend its mexican killers and fight tooth and nail against the government killing those SOBs.

    I wonder if Obama will take the side of the Mexican Government just like George W. Bush did in the Jose Medellin case.

    http://www.dirtfromtexas.com/bush-works ... alty-case/

  6. #6
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    Quote Originally Posted by Ratbstard
    She also revealed that one of those suspects was hospitalized after his arrest.
    Was he medivac'd out before Terry?
    There has been an issued gag order against border agents to speak about the details. However one claiming to be a border agent leaked out the illegal was medivaced out before terry and terry was still alive at the time of the illegals medivac. Its not been confirmed yet though as the gag order is in place regarding the incident.

    However the gag order is easily found to be true, so why have a gag order on it if not something like this to hide?

  7. #7
    Administrator Jean's Avatar
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    Suspects arrested but not charged in agent Terry's murder face prison time

    Posted: Dec 29, 2010 5:33 PM PST
    Updated: Dec 29, 2010 5:36 PM PST
    Reporter: Steve Nuñez

    TUCSON (KGUN9-TV) – When U.S. Border Patrol Agent Brian Terry was shot and killed December 14th, the FBI arrested four suspects. All four men were caught the same night near the shooting scene. Since then, the FBI has yet to release their names or charge them with Terry's murder.

    On Tuesday, two week's after Terry's murder, Nine On Your Side learned all four suspects have, indeed, been charged under federal immigration law. According to the Federal Public Defenders office, all four face charges of re-entering the United States illegally.

    So, based on this fact alone, it's safe to confirm the suspects are not U.S. citizens.

    We also know all four suspects were previously convicted of a misdemeanor for being in this country illegally. They were also previously deported.

    But getting caught a second time is a felony. If convicted, unlawful re-entry charges carry a maximum prison sentence of up to 2 years.

    According to John Messing, an immigration law attorney not associated with the case, conviction rates for such charges are extremely high.

    "Probably you're looking at a percentage of no more than one or two-percent so 98 to 99 times out of a 100, you're going to get a conviction," said Messing.

    9OYS has also learned the one suspect who's still in the hospital also faces alleged aggravated felony conviction.

    Heather Williams, a Federal Public Defender representing this same suspect, confirmed to 9OYS the suspect is still not well enough to go to court. Williams would not say what his injuries are.

    But Williams did confirm the feds are trying to pin him to a previous conviction. Again, Williams would not reveal the nature of the crime.

    Messing confirms aggravated felony crimes could range from robbery to rape. Such a conviction carries a sentence of up to 20 years in prison.

    Still, Messing believes this latest development points to a pre-cursor for the feds to possibly link this very same suspect to agent Terry's killing, at a later date.

    "If one of the participants were to give testimony against the others in order to get a more favorable treatment that would be sufficient evidence to go to court as to who did what, when," said Messing.

    And while the feds have not yet charged any of the four suspects with Terry's murder, the felony re-entry charges means the feds keep them within reach while the investigation continues.

    http://www.kgun9.com/Global/story.asp?S=13757229
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