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Immigration See other Immigration Articles Title: Appeal Heard in Border Agents' Shooting NEW ORLEANS (AP) — Federal prosecutors appear to have "overreacted" in their pursuit of a case against two Border Patrol agents convicted of shooting a fleeing drug suspect and hiding evidence, one of three judges considering an appeal said Monday. Jose Alonso Compean is serving 12 years in prison and Ignacio Ramos 11 years for assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila on the border near El Paso, Texas, in 2005. The agents want the convictions thrown out; they claim the shooting was a case of self-defense but acknowledge not reporting the incident. If the agents had reported the shooting as required, "this prosecution never would have occurred, in all likelihood," said Judge E. Grady Jolly, part of the three-judge panel of the 5th U.S. Circuit Court of Appeals hearing the case. Noting the severity of the charges and the lengthy sentences prosecutors sought, Jolly said, "It does seem to me like the government overreacted here." Conservative lawmakers and other critics have called the prosecution unjustified and the sentences extreme. They note that Aldrete was given immunity from prosecution for allegedly trying to smuggle drugs the day he was shot, and that jurors weren't allowed to hear allegations that he smuggled marijuana into the United States several months after the shooting. Aldrete was arrested last month following an October indictment on various drug charges. Another member of the 5th Circuit panel, Judge Patrick Higginbotham, said evidence that Aldrete made multiple attempts to smuggle drugs across the border "strikes me as very relevant." The judges didn't indicate when they will rule on the appeals, but Compean's lawyer, Bob Baskett, said he was encouraged. "They certainly were aware of the significant 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. U.S. Attorney Johnny Sutton said in a written statement following the hearing that he expects the appeals court to "resolve the disputed legal issues in accordance with 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 crimes." During his trial, Compean testified that he shot in self-defense after seeing what he believed to be a gun in Aldrete's hand. Ramos said he fired in defense of Compean. Aldrete denied having a gun. Baskett said the trial judge, U.S. District Judge Kathleen Cardone, failed to properly instruct jurors on the legal principles governing the use of deadly force by law enforcement officers. Botsford said Cardone should have allowed jurors in the trial in El Paso to hear evidence that Aldrete was "not a (drug) mule, a simple one-time (border) crosser." "He basically left a false impression for that jury," Botsford said of Aldrete. Assistant U.S. Attorney Mark Stelmach acknowledged in court Monday that Aldrete told "some lies" to investigators, but said jurors rejected the agents' argument that they acted in self-defense. The agents' wives and several Border Control agents attended Monday's hearing. "I'm still very guarded about it, because you never know what to expect," said Ramos' wife, Monica. Compean's wife, Claudia, said the judges' remarks gave her a "little hope." Sutton Comment on Ramos-Compean Appeal December 3, 2007 U.S. Department of Justice FOR IMMEDIATE RELEASE Shana Jones, Special Assistant STATEMENT OF U.S. ATTORNEY JOHNNY SUTTON FOLLOWING TODAY’S ORAL ARGUMENT BEFORE THE U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT IN RE: UNITED STATES OF AMERICA V. IGNACIO RAMOS AND JOSE ALONSO COMPEAN “This 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. The actions of Compean and Ramos in shooting an unarmed, fleeing suspect, destroying evidence, and engaging in a cover-up, are serious crimes. They were prosecuted to uphold the rule of law. A jury rejected their factual claims of innocence after a two week trial. 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.” #####
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#1. To: robin (#0)
Johnny Sutton is a dipshit.
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