Judge says prosecutors overreacted in Border Patrol case

Posted: Mon Dec 03, 2007 2:37 pm  

http://www.chron.com/disp/story.mpl/ap/tx/5347556.html

NEW ORLEANS — Federal prosecutors may have overreacted in their case against two Border Patrol agents who were sentenced to lengthy prison terms after they were convicting of shooting a fleeing drug suspect and hiding evidence of the incident, an appeals court judge said Monday.

"It does seem to me that the government overreacted here," said Judge E. Grady Jolly, one of three judges of the 5th U.S. Circuit Court of Appeals hearing the case of Ignacio Ramos and Jose Alonso Compean.

A federal jury in Texas convicted the agents of assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila on the Texas border near El Paso in 2005. A federal judge sentenced Compan to 12 years in prison and Ramos to 11 years.

There was no indication when the judges would rule in the appeal, but Compean's lawyer, Bob Baskett, said he was encouraged by Jolly's comments.

"They certainly were aware of the signficant issues in the case," Baskett said after Monday's hearing.

Ramos' attorney, David Botsford, said he didn't read anything into the judges' remarks.

"The court is going to follow the law," he said outside the New Orleans courthouse.

Assistant U.S. Attorney Mark Stelmach declined to comment after the hearing.

Jolly, during questioning of Stelmach, said that if the agents had reported the shooting as required, "this prosecution never would have occurred, in all likelihood."

"For some reason, this one got out of hand, it seems to me," Jolly added.

The convictions of Ramos and Compean caused a national firestorm among conservative lawmakers and others. Critics have repeatedly called the prosecution unjustified and the sentences extreme.

Aldrete survived the shooting. He was arrested in November following an October indictment on various drug charges.

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That's an understatement.  Today is their hearing is it not?

We still might see the shot in the butt Mexican drug smuggler piece of crap end up in jail yet!

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You know winning their appeal and being released is wonderful.  But what really gripes me is that it should never have gone this far because our slimeball president should have pardoned them immediately.  This way Bush doesn't have to do anything.  It gets him off the hook.  And that really ticks me off.  I pray that the judge does indeed grant their appeal and sets them free but the problem is still there in the form of a government that does more to protect illegal aliens than American citizens whether they be Border Patrol agents or everyday citizens.

I hope to say Merry Christmas to Johnny Sutton if We The People have our way. When he is in jail for tampering with Federal and Unconstitutional affairs, then I will glady say Merry Christmas Johnny Sutton.

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Mammaw said: You know winning their appeal and being released is wonderful.  But what really gripes me is that it should never have gone this far because our slimeball president should have pardoned them immediately.  This way Bush doesn't have to do anything.  It gets him off the hook.  And that really ticks me off.  I pray that the judge does indeed grant their appeal and sets them free but the problem is still there in the form of a government that does more to protect illegal aliens than American citizens whether they be Border Patrol agents or everyday citizens.

I understand how you feel, but we need for all this to come out in the courts.  Sutton needs to be nailed for this.  I pray they are granted their appeal.  It sounds hopeful.

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Well, there's at least one sane person in the legal system then.  Perhaps there is hope after all.

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http://wnd.com/news/article.asp?ARTICLE_ID=59012

INVASION USA
Feds admit smuggler lied in Ramos-Compean case
Appeals panel suggests prosecutorial 'overreach' in pursuit of border agents

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Posted: December 3, 2007
4:35 p.m. Eastern

By Jerome R. Corsi
© 2007 WorldNetDaily.com

The U.S. government admitted today in federal court that the prosecution's star witness in the criminal trial of Border Patrol agents Ignacio Ramos and Jose Compean – confessed drug dealer Osvaldo Aldrete-Davila – lied under oath.

"He told some lies on the stand," Mark Stelmach, the assistant U.S. attorney representing prosecutor U.S. Attorney Johnny Sutton said under questioning by a three-judge 5th Circuit U.S. Court of Appeals panel in New Orleans.

Ramos and Compean are appealing prison sentences of 11- and 12-years respectively for a 2005 incident in which they fired on Aldrete-Davila as he fled back into Mexico after smuggling 750 pounds of marijuana into the U.S. near Fabens, Texas.

"Today the justice system worked the way it is supposed to," Tara Setmayer, communications director for Rep. Dana Rohrabacher, R-Calif., told WND immediately following the hearing.

Setmeyer, who attended the hearing, said, "I feel cautiously optimistic the judges will make a ruling quickly."

"Based on the nature of the questions from the judges, it seems as though the government made their own bed and now they have to lie in it," she said.

According to Setmayer, Judge Patrick Errol Higginbotham questioned Stelmach closely about why the prosecution had sought to seal from the jury information about a second smuggling attempt by Aldrete-Davila after Sutton's office gave him immunity and a border pass.

Higginbotham rebuked Stelmach's suggestion that Aldrete-Davila's drug history prior to the Feb. 17, 2005, incident with the border agents was not relevant to the trial. The judge argued the second load was relevant because it showed Aldrete-Davila had a brazen disregard for the law, a key factor in evaluating his testimony for the prosecution.

"It defies common sense in the street world," Higginbotham told Stelmach, "to believe Aldrete-Davila was a poor mule, as he represented at trial, instead of an actual player in the world of the drug cartels."

As WND reported, the defense lawyers in the appellate briefs filed for Ramos and Compean had argued that the likelihood Aldrete-Davila was carrying a firearm was greatly increased if he was a major player for the drug cartels.

Aldrete-Davila was the only witness who testified at trial that he was unarmed. Since he was not apprehended and frisked on the scene, it was his word at trial against the word of Ramos and Compean. The border agents both testified they saw Aldrete-Davila pointing a shiny object they believed was a gun as he ran away.

"Before the hearing today we were skeptical because we know the government is good at lying," Joe Loya, father-in-law of Ramos, told WND in a telephone interview.

"Now we are optimistic justice will prevail," he said. "The government had to admit today the prosecutors let Aldrete-Davila commit perjury at trial."

The judges today questioned the government closely about the appropriateness of prosecuting Ramos and Compean under 18 U.S.C. Section 924(c), a law passed to require an additional 10-year minimum prison sentence, if felons in the act of committing crimes such as rape or burglary carry a weapon.

WND has reported the Ramos and Compean appellant briefs argued the law was never meant to be applied to law enforcement officers in the pursuit of their duties.

Judge E. Grady Jolly commented the "government overreached" in applying 18 U.S.C. Section 924(c) to Ramos and Compean.

Sutton was present today in the 5th Circuit Court of Appeals courtroom in New Orleans, but he did not speak or answer questions from the three-judge panel.

In a press statement issued by his office, Sutton claimed the Ramos-Compean case "has always been about the rule of law."

"Some in the media and on the Internet have tried to portray agents Compean and Ramos as heroes, but that narrative is false," Sutton said. "The actions of Compean and Ramos in shooting an unarmed, fleeing suspect, destroying evidence and engaging in a cover-up are serious charges."

Ramos and Compean were prosecuted "to uphold the rule of law," Sutton claimed.

"A jury rejected their factual claims of innocence after a two week trial," he continued. "The case is now before the Court of Appeals for the Fifth Circuit, which will resolve the disputed legal issues in accordance with the rule of law. I look forward to the decision of the Court of Appeals."

The third member of the three-judge panel was Judge Edward Charles Prado.

The three-judge panel is expected to issue a ruling within four to six weeks.

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The three-judge panel is expected to issue a ruling within four to six weeks.

4-6 weeks?  Man, those wheels of justice sure rotate awfully slow!

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I can't see how it could take that long. 

 Johnny Suttons words are hypocritical.  If he were at all interested in the "rule of law" he would have never pushed 18 U.S.C. Section 924(c) in the first place.  He knew he was misapplying it and did it anyway.  He needs to have the rule of law applied to him and put in prison for his abuse of the juducial system in addition to Ramos and Compean's civil rights.

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Mammaw said: You know winning their appeal and being released is wonderful.  But what really gripes me is that it should never have gone this far because our slimeball president should have pardoned them immediately.  This way Bush doesn't have to do anything.  It gets him off the hook.  And that really ticks me off.  I pray that the judge does indeed grant their appeal and sets them free but the problem is still there in the form of a government that does more to protect illegal aliens than American citizens whether they be Border Patrol agents or everyday citizens.

 

did our Great President not pardon "Scooter " ? what more could you ask for ?

just can't make you people happy . next your going to want jobs !

 

 

me . just being a smart-azz . would be dam nice to stop worrying bout this . Come on America beat Bushco & Sutton  , Now more letters to DoJ & WH 

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  What I don't understand is why with rapist's,robber's, and drug runners if everything isn't just perfect they release the crook and through the case out immediatly, here you have so many prosecution violation's it's hard to keep up with them all. Nobody even mentioned the Homeland Security lies or the Agent bribes with immunity.

I'm glad at least something is moving, if they don't release the Agents we have to hit the street's hard, this has gone on way to long.

Johnny Sutton keeps on the cover up, there were 9 Agents there, when it was all over including Supervisors, how can you cover up with that many people involved? Sutton, Kanof and Cardone need to be investigated to find out why this case was so important, that they would give everybody immunity if they would testify against Ramos and Compean.

Sandy Berger stole and destroyed classified documents and didn't get but a slap on the wrist. Ramos and Compean stop a drug load and wound the drug runner and get 11 and 12 years in prison, explain that to me!!!!!!

I hope and pray they will be home by Christmas, I will keep the fax's and e-mail's going to the polititian's and the media.

People who do not understand the role of illegal drugs in politics, do not understand politics...these agents were protecting somebodys illegal drug action, of which they had a piece I am sure....it is well known here in NM that many border states are run by Juarez drug money, which is used to coerce politicians who know they can either be very rich, or very dead...duh...this kind of action lets me know which side Steve Elliot and his fire society site seem to be on -- either the ignorance party, or vested in illegal drugs...as well, all the side issues of strictly ideological nature like abortion, and other religious issues, are for each individual to decide for themselves, and they do detract from the real issues. Fire societies habit of including these non-issues with real issues like gun control and immigration control speaks loudly of a hidden agenda....Bill Gallagher, Hachia NM...PS Tancredos minute men actually set up a legalized run of mexican Guest Workers through Hachita, instead of guarding the border...just one case in point....b

luxefaire, your comment makes no sense.

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txguy1 said: luxefaire, your comment makes no sense.

 

Makes no sense he must be smoking some of that good stuff he is talking about.

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Hi!  Here are the Recent Statements issued by some of the Members of the U.S. Congress concerning the Federal Court of Appeals hearing, on the Ramos and Compean Case:

 

Government Overreacted in Prosecution of Border Patrol Agents:
Date: 12/03/07
Congressman John Culberson released the following statement today after Federal Appeals Judge E. Grady Jolly said the government "overreacted" in the prosecution of imprisoned Border Patrol Agents Ignacio Ramos and Jose Compean.

http://culberson.house.gov/news.aspx?A=362

Gohmert Says Drug Smuggler Should be Target of Prosecution, Border Patrol Agents Deserve Justice:
December 3, 2007

http://gohmert.house.gov/Article.aspx?NewsID=1292

Congressman Michael McCaul’s
Statement on Ramos and Compean’s Appeal:
For Immediate Release
December 4, 2007

http://www.house.gov/apps/list/press/tx10_mccaul/12_4_07.html

CONGRESSMAN POE ISSUES STATEMENT ON RAMOS/COMPEAN APPEAL:
Washington, Dec 3 -  

http://poe.house.gov/News/DocumentSingle.aspx?DocumentID=79510

 

Since the forum title, “02/25/08 ~ AGENTS RAMOS AND COMPEAN” is no longer working, it seems that now is a good time to resurrect this forum title.  It has a lot of good links in it and other information.  It shows how the judicial appeal board of the 5^th Circuit in New Orleans reacted to the imprisonments of Ramos and Compean as well.

 

Additionally, the following timelines are provided to show how the 5^th Circuit is failing to honor its promised decision on their review in 60 days:

 

Today is April 3, 2008  Ramos and Compean now in jail for 454 days.

Appeal hearing on December 3, 2007 after 332 days.

Decision on appeal promised in 60 days, or on February 1, 2007Length of time since appeal is 122 days, which is 62 days overdue.

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