Posted on 01/26/2007 10:08:51 AM PST by SwinneySwitch
- The Mexican suspected drug smuggler granted immunity in the controversial - and politically explosive - prosecution of two U.S. Border Patrol agents is not entirely off the hook.
U.S. Attorney Johnny Sutton, the man at the center of the row over the prosecution and jailing of the two agents who shot the illegal immigrant, confirmed to Cybercast News Service Thursday that there is an ongoing investigation into Osvaldo Aldrete-Davila and others.
Aldrete-Davila had been driving a van containing 743 pounds of marijuana on Feb. 17, 2005, the day border agents Ignacio Ramos and Jose Alonso Compean shot and wounded him as he fled on foot toward the Mexican border.
Sutton gave Aldrete-Davila immunity from prosecution in that drug-smuggling case in return for his testimony against the pair.
But amid the political row over the case, one allegation has been widely reported but never established: that Aldrete-Davila had subsequently - in October of that same year - tried to smuggle another 1,000 pounds of marijuana into the United States.
Critics have accused Sutton of being so zealous in the prosecution that he offered the Mexican further immunity for this second alleged offense. Sutton has denied this.
Pressed on the matter Thursday, the U.S. attorney worded his response carefully.
"If an allegation of drug smuggling is made, we're investigating it, and that includes the allegation made in this case," he told Cybercast News Service.
"If we have sufficient evidence to prove a case against a drug smuggler - including Aldrete - we will bring it," Sutton added.
"If there is a provable case against Aldrete, we will bring it as we would any other drug dealer," Sutton added. "He does not have immunity for anything other than his truthful testimony."
However, Sutton insisted Aldrete-Davila was neither arrested nor indicted prior to or after the shooting incident, a statement the Border Patrol agents' union contends is false.
"There was no secondary arrest. There was no secondary indictment," Sutton said of the allegation reported numerous times in the media.
This possible second charge did not pertain directly to the case in which Ramos and Compean were sentenced to 11 and 12 years respectively for shooting at the illegal immigrant.
But the claim inflamed an already outraged public who questioned why a drug dealer would be set free for even one offense while border agents are jailed.
'Sealed indictment'
Members of Congress have called for hearings on Capitol Hill to investigate the case, while the agents' union, the National Border Patrol Council, is calling for a special counsel independent from the Justice Department to investigate Sutton.
Two resolutions were introduced in the House this month - one to vacate the conviction and sentencing of the agents and another calling on President Bush to pardon them.
The National Border Patrol Council insists there was a sealed indictment against Aldrete-Davila for smuggling the 1,000 pounds of marijuana.
Another individual indicted in that drug seizure was called as a witness for the agents' defense but was not allowed to testify because of a sealed indictment and an ongoing investigation, the union says.
The union further contends that U.S. Drug Enforcement Agency officials involved in the seizure of the 1,000 pounds of marijuana were not allowed to testify in this Ramos-Compean case because of an ongoing investigation that could have been compromised.
Given the secrecy and gag orders on the case, Cybercast News Service asked the union about its source for the claims about a second drug offense.
"The agents, before they went to prison," said union President T.J. Bonner. "They felt free to talk without being held in contempt of court, because they were going to jail anyway."
Bonner believes the prosecutor is being disingenuous to claim there was no arrest.
"He's just being very cute," Bonner said. "Because the indictment was expunged, he's pretending it was never there."
Sutton stressed that he was limited as to what he could say regarding any ongoing probe.
"There's an allegation that were discussed at the [Ramos-Compean] trial among lawyers that I can't go into beyond that," Sutton said.
"Lawyers for both the defendant and the prosecution who tried the case and the judge had hearings on those cases and rulings were made," he said.
"All decisions about what evidence comes into court was discussed among the lawyers and the judge, and the judge made the rulings about what evidence comes into court in the trial," Sutton said.
He said the character of the smuggler did not alter the fact that the agents had committed a violent crime.
"All of the discussion of bad acts of the smuggler were litigated at trial to determine what was admissible and what was not," Sutton said.
"He was cross-examined for many hours by defense attorneys. The jury was very clearly aware he was a dope smuggler, an illegal alien and a bad guy that runs from the police. That was all clear at the trial," he said.
Ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
Where is the perp now?
What a f'n joke. (not you. our system)
The system is so broken that nothing can fix it short of a complete overhaul
"There was no secondary arrest. There was no secondary indictment," Sutton said of the allegation reported numerous times in the media.
That's because when he was caught the 2nd time he immediately told the Border Patrol agent....you can't touch me, I have immunity! The BP agent called it in and was told to let him go.
This scenario is totally plausible since nothing that happens on the border surprises me anymore.
"And Sutton needs to be in the Cell next to him."
Amen to that.
Where's the perp? Sutton is preparing a parade honoring him, it sounds like. What a travesty of justice.
ping
What is wrong with the DOJ? I wonder who is more dangerous Sutton, Fitzgerald or the judge.
The National Border Patrol Council insists there was a sealed indictment against Aldrete-Davila for smuggling the 1,000 pounds of marijuana.
Sounds like the Border Patrol knows more than we know about this travesty.
Careful. The National Border Patrol Council is a branch of the AFL-CIO, and knows just as much about this case as a substantial number of people on this website.
The NBPC is not a branch of the AFL-CIO, it's just an affiliation. If it was a branch of the AFL-CIO the NBPC would be supporting the case against the agents. They probably would have even recommended the death penalty.
He's now in Mexico?
ADIOS!
I've been asking the opposition to provide ANY evidence of this alleged "2nd arrest". Nobody has been able to give a name of a single person who actually KNEW about this second arrest.
Now we find that the "source" for this "damning" piece of information is the two BP agents who have been convicted. And Bonner says they ignored a lawful order to remain silent on the matter in order to reveal the information.
Obviously, a statement from the two people who are trying to discredit their prosecuter is hardly "evidence". And the fact that they were not charged with contempt is pretty good evidence that there is no court order requiring their silence on the matter. And arguing that the two people who you insist are law-abiding citizens violated a lawful court order simply to smear the prosecuter is hardly a way to convince people of their truthfulness and good intentions.
Absolutely sickening. This Sutton scumbag needs to fry for this.
""Absolutely sickening. This Sutton scumbag needs to fry for this.""
Couldn't agree more! The key is to keep the pressure on. Keep the emails going to Congress and don't let the stink over this malicious prosecution go away.
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