Thread: Were Wrongfully Convicted Border Agents Set Up?

http://www.americanchronicle.com/articl ... leID=18465

Border Agents Revisited: Were Wrongfully Convicted Border Agents Set Up?


By Jeff Mazzella, President of CFIF

While families all over America were celebrating the Christmas holiday, two American families were preparing to say goodbye to their husbands and fathers.

In the rush to buy presents and trim the tree, you may have forgotten Ignacio Ramos and Jose Alonso Compean -- at least it would seem that our government has forgotten about them -- or WANTS to forget about them.

Compean and Ramos are the two U.S. Border Agents wrongfully convicted and recently sentenced to a combined 23 years in prison for attempting to arrest Osbaldo Aldrete-Davila, an illegal alien who was smuggling drugs from Mexico into the U.S.

The Agents spotted Davila driving a van, loaded down with 743 lbs of marijuana, already on American soil.

When Davila realized he was about to be captured, Davila abandoned the van and took off running toward the Mexican border. Ramos, a federal officer, tried to block his way. Davila knocked him down.

Compean, after seeing his partner on the ground, and seeing what he thought at that instant was Davila brandishing a nickel-plated pistol, opened fire. Davila turned and ran back across the Mexican border and escaped in another van -- apparently unhurt.

Some two weeks later, Johnny Sutton, the U.S. Attorney for that part of Texas, claimed that Davila's mother called the mother-in-law of a Border Agent in Arizona and told him that Davila had been shot in his illegal, dope-dealing rear by a Border Agent.

And Sutton -- apparently outraged that two law enforcement agents would actually try to enforce the law... apparently outraged that a dope dealing piece of scum was shot in the buttocks -- ordered a full-scale, no stone un-turned, investigation of COMPEAN AND RAMOS!

And here's the kicker! Instead of calling the two agents into headquarters, the Department of Homeland Security sent two SWAT teams to stage a high-profile arrest at each house, during which they bullied the two men and their stunned and terrified families.

What was DHS thinking... that Compean and Ramos would try to flee across the border?

The flamboyant arrest -- unjustified and unprecedented -- was the tip-off:

This case was to become a carefully staged drama intended to do two things:

warn all other Border Agents to lay off illegal aliens and smugglers, and send a welcome message to the government of Mexico: "Don't worry... the border will stay open to illegal crossings and nobody will ever again try to enforce our laws --not after they watch us clobber Ramos and Compean."

Was this conviction a simple miscarriage of justice... a glitch in the system? Or were Compean and Ramos set-up?

You can be the judge of that; but consider what went on following the indictment.

First, U.S. Attorney Sutton gave full immunity to the illegal dope dealer, so he could testify against two loyal public servants doing their job.

Sutton also transferred Davilla to a U.S. hospital, where he received a fortune in medical treatment courtesy of U.S. taxpayers.

But wait until you hear this: After this VIP treatment, DAVILLA WAS AGAIN CAUGHT SMUGGLING DRUGS ACROSS THE BORDER! And Sutton gave him immunity from prosecution from those crimes as well.

The message such an action sends is clear. If you want to come into the United States illegally to sell dope to our children, just testify against U.S. law enforcement officials who, in the words of Congressman Tom Tancredo, were "Doing their jobs!"

As for the charges, Sutton threw the book at Ramos and Compean, charging them with Causing Serious Bodily Harm, Assault with a Deadly Weapon, Discharge of a Firearm In Relation to a Crime of Violence, and violation of the illegal dope dealer's civil rights.

All four of these charges are really one charge, the same charge: shooting Davilla in his sorry rear end. You can tell from this piling on of charges that Johnny Sutton was out to prove a point.

This is persecution rather than prosecution.

You have to ask yourself, "What's going on here? Who's pulling the strings?"

To destroy the lives of two loyal, public servants to placate a foreign nation is

beneath contempt. President Bush MUST pardon these men immediately.

Assistant U.S. Attorney Debra Kanov, who actually prosecuted the case, pulled out all the stops, telling the jury that Ramos and Compean had violated Davila's civil rights by shooting him.

But under U.S. law, an illegal alien who is in this country to commit a felony, has no constitutional rights.

Kanov also said that shooting Davilla violated the 4th Amendment to the Constitution. But wait a minute! That Amendment prohibits "unreasonable search and seizure" and reads -- "no warrants shall issue but upon probable cause..."

Since when did shooting drug dealers in the butt constitute unreasonable search and seizure?

In perhaps the most revealing statement of all, Kanov said, "It is a violation of Border Patrol regulations to go after someone who is fleeing.

Is it, now?

Did Kanov say something that was untrue? Or did she reveal something deeply disturbing about our government?

Are the regulations actually set up to tie the hands of border agents? Is that why Administration officials lost their minds when Minutemen volunteers started paroling the border?

It sure looks that way, doesn't it?

And is that why Ramos and Compean have been so brutalized by the legal system? Because they violated the unwritten rules by attempting to stop illegal aliens and dope dealers from invading the U.S.?

If so, then we have corruption at the highest levels of government.

Also, there are legitimate contentions that somebody leaned on the jury.

We now know that three of the twelve jurors believed Ramos and Compean were NOT guilty.

The other nine believed the government would not have charged them if they hadn't been guilty.

Suspicious, Ramos's lawyer talked to the three jurors -- Gourley, Torres and Woods -- who now claim they were tricked into voting for conviction.

They confided to the defense lawyer that the jury foreman told them the judge had said all jurors had to agree on the verdict, that it HAD to be unanimous.

Believing they were compelled by law to vote with the majority, the three changed their vote! Two were in tears as the verdict was read.

Turns out the judge had said no such thing. If these three are to be believed, what the foreman said was untrue.

And that's not all that was fishy. When the verdict was announced, U.S. Attorney Sutton said in part:

"...when law-enforcement officers use their badge as a shield for carrying out crimes and then engage in a coverup, we cannot look the other way. Agents Compean and Ramos shot an unarmed, fleeing suspect in the back and lied about it."

However, when a rumor spread that Compean and Ramos might get probation, Sutton issued a three-page statement to the media in which he said:

"[The two agents] fired their weapons at a man who was attempting to surrender by holding his open hands in the air."

Was he fleeing or was he attempting to surrender? In the Justice Department these days, you can apparently have it both ways.

Debra Kanov obviously got her orders from Johnny Sutton: "Whatever you have to do, get these convictions," or words to that effect.

But from whom did Johnny Sutton get his orders?

During this holiday season, let's think about the Ramos and Compean families and what they are facing.

Ramos has three sons, ages 6, 9, and 13.

Compean also has three children, the youngest only a month old. His wife is in a wheel chair.

The more than decade-long sentences that each got was for the mere firing of their guns, with one and two years tacked on. No time off for good behavior on the ten years. Neither man will be out before his older children have grown up.

Ten lives ruined because somebody wants to globalize North America.

In a quiet moment during this joyous season... please think of these poor people. Pray if you are so inclined.

But most importantly, DO SOMETHING TO REVERSE THIS GROSS MISCARRIAGE OF JUSTICE!

Use the hyperlink below to send you urgent and personalized Blast Fax messages to President Bush and the leaders in the House and Senate. Tell them that the arrest, conviction, and sentencing of two men defending our nation's borders is a gross miscarriage of justice and perhaps one of the most cynical misuses of power in our nation's recent history.

To destroy the lives of two loyal, public servants to placate a foreign nation is beneath contempt. President Bush MUST pardon these men immediately.

http://www.cfiflistmanager.org/compeaniii.html

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Yours In Freedom,

Jeff Mazzella

President

www.cfif.org

The CFIF Action Alert is a service to the conservative community. If you would like to subscribe please go to www.cfif.org/signup.

By Bill Haymin, 2006

I had no idea that thug was caught smuggling drugs across the border again. How many free bites at the apple does this criminal get? Bush should pull his head out of his backside and pardon these guys. But I have a feeling he approved of everything every step of the way. Bush doesn't want border security. And you are right Crusader, these guys were set up.

the second bust was 1000 pounds. because he was under immunity the arrest was put into a sealed indictment and it was never brought before the trial this year and the judge, jury, presecutor or defense NEVER KNEW ABOUT IT. and it happened in Oct or Nov of 05. and the trial didnt start till late FEB or early march.

Also, the vote was 9-3 acquittal before the jury foreman came in and said that statement about not leaving the jury room without a verdict. he said it came from the judge and if it did, the judge needs to be investigated for jury tampering and harassment. if the jury foreman said iton his own, he needs to be checked out too.

The phone calls between mother in laws.. that was never entered in the trial. Kanof argued against it and the judge agreed with her.

The SWAT teams went to the homes of ramos and campeon at ONE AM to arrest them

the Transportation of the drug runner was done by dept. of homeland security Office of the investigative general (OIG) and this agent was the one who went into mexico and met the drug runner at the american consulate in juarez. at US taxpayer expense

The agents were given a plea deal of 16-18 months during their first meeting with the prosecutor and they said no. so SHE added on more charges after that until we got the four charges.

actually it is against the law to pursue in high speed chases, however, if you believe the reports on CNN that casey Wian filed the days following the verdict he claims that they pursue and chase people al lthe time, they just file reports that say the observed and followed,without using the word CHASE

the three jurors have come forward and filed affadavits in regard to the tampering and harassment of the jury foreman and another juror who said "next week is spring break and im not going to be here"
The JUDGE has refused to allow the affadavits from these three jurors.

It sure looks that way, doesn't it?

Yes it does...Yes it does...and when will the real thugs be held responsible!
You know the thugs with the fence around their white house...the guy that failed to serve his country during another ERA of war...but instead went to work on his daddy's friends election campaign and do another roll through an ivy league school for mainly cheer leading...I could go on..but I won't..it just makes my want to spit venom

It is sickening that we even need to ask this thug to pardon these two Patriots...
Seems like Nixon went down for far less at this point!!!!!!!!!

This case has had all the ear marks of a set up since it first came out.
I have written letters, faxed and emiled to the President and elected officials from the beginning. Not a single reply has been forthcoming.

It also sounds to me as if those prosecuting him had orders from higher up and I so hope the truth will all come out.
Anyone involved in this scam should be prosecuted themselves. Justice has certainly NOT been served.
Furthermore the ones giving immunity to a Drug smuggler..(Twice) should be tried as well.
This has been a clear message to our Border Patrol Agents to NOT apprehend illegal aliens or drug smugglers or they will also go to prison.

This is a black mark on the American judicial system, of course I have about lost all respect for our judicial system anyway, I hold them in Contempt, right alongside of Bush and his lackey attorney general Gonzales!

Originally Posted by nittygritty

This is a black mark on the American judicial system, of course I have about lost all respect for our judicial system anyway, I hold them in Contempt, right alongside of Bush and his lackey attorney general Gonzales!

Yes, and one of the biggest problems today in America is they are seldom ever held accountable for their actions by the Law, these words they like to utter "implied immunity" which boils down to not accountable to the American People or the Law. "A Law unto themselves"

A thorough investigation should be made re this but who in current power could lead it?

Perhaps Dianne Feinstein, assuming she really did have some concerns about this conviction?

Originally Posted by Kate

Perhaps Dianne Feinstein, assuming she really did have some concerns about this conviction?

She did back in Aug send a letter to Arlen Specter but obviously nothing happened. I recently emailed her re this issue too and asked if she was still pursuing this.
http://feinstein.senate.gov/06releases/ ... ol-ltr.htm

Senator Feinstein Calls for Judiciary Committee Hearing
on Convictions and Sentencing of Border Patrol Agents

August 18, 2006
Print version

San Francisco, CA – Concerned about the circumstances surrounding the convictions and upcoming sentencing of Border Patrol Agents Jose Alonso Compean and Ignacio Ramos, U.S. Senator Dianne Feinstein (D-Calif.) today sent a letter to Senate Judiciary Committee Chairman Senator Arlen Spector (R-Pa.) requesting a hearing on the case.

“It appears that the facts do not add up or justify the length of the sentences for these Agents, let alone their conviction on multiple counts,” Senator Feinstein said. “Border Patrol Agents have a difficult and often dangerous job in guarding our nation’s borders. Undue prosecution of Border Patrol Agents could have a chilling effect on their ability to carry out their duties.”

The following is the text of Senator Feinstein’s letter to Senator Specter:

August 18, 2006

The Honorable Arlen Specter
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Dear Arlen:

I write to request a full Judiciary Committee hearing on the case of Border Patrol Agents Jose Alonso Compean and Ignacio Ramos, who were convicted in March of 8 and 6 criminal counts, respectively. Each of the Agents faces at least 10 years in prison for the shooting of Osvaldo Aldrete-Davila, a known drug smuggler who had driven a van containing 743 pounds of marijuana.

After reading the August 11th statement of U.S. Attorney Johnny Sutton on the convictions and news reports regarding this case, I have significant concerns that there may have been a serious miscarriage of justice. On August 15, I sent a letter to Attorney General Gonzales requesting that he personally review the case. The statement, news reports, and the letter are attached.

Agents Compean and Ramos face minimum 10 year prison sentences and the Federal government is asking the judge to sentence each Agent to a 20 year prison term. It appears that the facts do not add up or justify the length of the sentences for these Agents, let alone their conviction on multiple counts. It is my belief that the circumstances do not justify the verdict and that these convictions are already having an adverse impact on the Border Patrol.

Border Patrol Agents have a difficult and often dangerous job in guarding our nation’s borders. Undue prosecution of Border Patrol Agents could have a chilling effect on their ability to carry out their duties.

As the circumstances surrounding the prosecution of Agents Compean and Ramos are highly unusual, I would urge the Judiciary Committee to hold a hearing to explore these irregularities and ensure fair treatment of our Border Patrol Agents.

Sincerely,

Dianne Feinstein
United States Senator