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you said..."Seems to me any so-called discrepancies would be hear-say without a legal record of what was said in the verbal and not admissible."

The way I would look at these transcripts is to see what evidence was admitted...what exculpatory evidence was excluded..and what 'evidence' rests on hearsay testimony....particularly evidence provided by the smuggler which is not corroborated..or corroborated by witnesses which have also changed their testimony in other places, thus making their credibility suspect...or evidence provided by those who had a prior association with the smuggler.

Did Suttons office prove "beyond a reasonable doubt" that Ramos and Compean actually intentionally and deliberately committed a Crime of Violence....based on what physical evidence...EXACTLY.

From the beginning of this case...Ive been wondering about the ability of the BP lawyers to mount an adequate defense...either due to their own incompetence...or due to an unspoken silent partnership between the judge and the prosecutor in what evidence was admitted, and how the trial was conducted.

I seem to recall that the background of this judge is in Family Law...this means Divorce court. Here, the judges rule as monarchs. I have a friend who has been going through this process for quite a while with his ex...the stories of how the Family Court system actually works with renegade judges are interesting.

This judge, being a Bush political appointee, may (consciously or subconsciously)...have been overwhelmed by the case and simply deferred to the US Attny politically connected to the man who nominated her to her position.

Im bothered by the fact that, according to the DHS report section I read, Compean first waives his Miranda rights, states in interrogation that he saw what he believed to be a gun...then later RECANTS (THEIR WORDS) and admits that it may have not been a gun..implicating himself and Ramos in the shooting.

The report slyly implies that Compean pleads guilty you see...without actually pleading guilty...but of course later admitting guilt...he also refuses a plea bargain deal!!

How incompetent would his attorney have to be to allow this???

Or...is the DHS report biased.....and deceptive..hmmmmm....whats that mean?

Reading some of these threads...I see where the spinmeisters try to spin this as a battle between the crazed PRO PARDON folks and the sensible, fair minded PRO LAW N ORDER folks.

Its crap...this is all about DUE PROCESS UNDER THE LAW.

Did these guys receive it..or were they railroaded.

Did Sutton's office prove MOTIVE, INTENT, and have the FORENSIC evidence to make a solid case...and of course...did they apply the USC statute calling for mandatory 10 year sentences for Crimes of Violence where a gun was used in the commission of the crime....APPROPRIATLY, AS CONGRESS AND PRECEDENT dictates..

Great post, DatMon. I'm not a lawyer, so your analysis helps me in reading through this stuff. I usually just ask "Does that make Sense?" In this case, nothing makes sense and it gets crazier every day, hence my interest/obsession with the case.

As to Cardone, you are correct. She was in family law.

As to Compean, I was amazed that he waived his miranda rights that night. All I can think is he was half asleep as the agents arrested him at midnight on a Friday. But his actual statement was even more forceful than you portrayed. He said "He was pointing something shiny with his left hand. It looked like a gun. This is when I started shooting." That he later he acknowledged he was not certain it was a gun, is a far cry from recanting. When I saw the OIG use that word, I hit the roof. IMO, the entire DHS-OIG report is deceptive--and that is a kind description.

I intend to read through a bunch of these and I hope a lot of other people do also. Hopefully, the thread will provide some useful input. If nothing else, it is a place to vent, lol.

" Family law ...this means Divorce court. Here, the judges rule as monarchs."

Ahhhsoooo!

'splains very well why the USAA in the first transcript is telling the judge one of the BCP guys has been arrested for 'domestic violence'.

The Judge is too stupid to realize she is being played like a drum.

Rep. Walter Jones has been all over this case. He said it creates the worst sort of precedent for law enforcement. The statute that Sutton used prosecute them should only be used against LEO's that use firearms while in the act of committing actual criminal offenses (sexual assault or drug smuggling). Sutton basically prosecuted them for simply using their guns against drug smuggler.

The jury obviously found them not guilty of trying murder Aldrete-Davila. But Sutton needed that bogus charge to "piggyback" 18 U.S.C. Section 924(c).

Did Suttons office prove "beyond a reasonable doubt" that Ramos and Compean actually intentionally and deliberately committed a Crime of Violence....based on what physical evidence...EXACTLY

Why, with only three days' investigation and no physical evidence did Sanchez find it reasonable to storm Compean's home and arrest him in the middle of the night and then interrogate him for the first time?

I don't understand your post. Were these agents guilty beyond a reasonable doubt? The jury answered that question with their verdict. You question hearsay being admitted. There are over 25 exceptions to the hearsay rule. In law school, spent a week on the hearsay rule and the rest of the semester on the exceptions. Additionally, if a hearsay statement is not properly objected to, the testimony is admitted and any error is waived. It is not up to the judge to exclude testimony or evidence unless a proper objection is lodged by the opposing party. I can't put any credence in your thoery that the judge was in cahoots with the prosecutor. That is truly tin foil hat without ANY evidence. These defendants received due process under all applicable standards. I have now read portions of the transcript( mostly Ramos, Compean) and it is obvious that the defendants did not make very good witnesses. Frankly, IMHO, it looks like to me that Ramos sunk his own boat. It is going to be an uphill battle for agents in the 5th circuit.

Im bothered by the fact that, according to the DHS report section I read, Compean first waives his Miranda rights, states in interrogation that he saw what he believed to be a gun...then later RECANTS (THEIR WORDS) and admits that it may have not been a gun..implicating himself and Ramos in the shooting.

I think this is one of the areas in which the defense team failed. What is really important in this case is weather or not a reasonable person under the same circumstance would believe that Aldrete had a gun and their life was in danger. It doesn't matter if he had a gun or not.