Johnny Sutton's unequal justice

WND ^ | June 14, 2007 | Jerome Corsi

[Mad Dawg]

Even I, who know everything, wasn't clear on who did the brass picking, so thanks.

I still think this whole thing stinks. As a former LEO and LEO chaplain ("As a former" means, essentially, "Shut up and listen; you are about to hear pearls -- PEARLS, I say -- of wisdumb)!" I did a chunk o' reading on the psychology of the big ol' adrenaline dump such as one might get (and I did get) when guns are pulled.

And the pathetic story of the FBI guys who, when their bodies were inventoried were found to have been pocketing their brass (from revolvers) DURING A GUNFIGHT, because that was what they did when training at the range .... people do weird stuff when their modus vivendi is to be alert for being shot AT while living outside a warzone in a peaceful situation and then suddenly the adrenaline happens.

LEOs everywhere and Ramos, Compean, Hernandez and the rest are being held to an inhuman standard. Right here in Virginia, a teenager accelerated his car into an LEO who was launched into the air. The LEO got to his feet and shot and killed the teenager, and now is indicted for murder or manslaughter or something! I keep thinking about getting back into the game, but then I think about being arrested for doing my job and decide maybe not.

[1rudeboy]

I was just thinking about that FBI shooting in Miami(?) yesterday, and trying to remember when it occurred. Late 70s, early 80s?

In any case, if you read the trial transcript you'll find that Compean deserved to go to jail. Ramos is a tougher nut to crack. "Justice" would probably have been served with a reduced or suspended sentence in his case.

[1rudeboy]

One last thing (that you are well-placed to understand). My theory (just speculation) is that Compean panicked (or went "Rambo," or was overcome by adrenaline, whatever). The trigger-point was when he tried to strike Avila with his shotgun (I don't remember if Compean admitted to doing so at trial, or not, so I understand it's a version of the story), or when he fell-down while "otherwise" trying to apprehend Avila. Avila scoots, Compean begins firing his handgun (13 shots, all miss), Ramos (thinking his partner is in trouble or worse--wouldn't you?) fires one (striking Avila), Avila makes it back over the border, and Compean and Ramos begin to make a series of bad decisions that put them in jail.

[1rudeboy]

Allow me to quell your curiosity. Neither Johnny Sutton or his attorneys are good. They set the prosecution guidlines. Unless the case is a slam dunk, as in a confession they won 't prosecute. Of course, those requirements don't pertain to law enforcement. Had Ramos and Campean been drug smugglers instead of Border Patrol Agent the case would have never been brought to trial.

Yet if you look at Sutton's record, his conviction record for drug traffickers is one of the best in the country (second best, if I recall). I understand the point you are trying to make, but to return to my baseball analogy, you're telling me "the player's no good," and I'm telling you to "look at the stats."

[1rudeboy]

You should’ve taken the red pill when given the chance.

[Issaquahking]

Welcome Duncan Hunter! Didn't recognize the lurking...It is absolutely amazing that as America grow more corrupt, the press does everything they can to make sure a real conservative is not allowed to the front.Thanks for weighing in!

[AuntB]

Lets not forget Agent David Sipe, whose conviction was overturned. Here’s what the jugde said. The trial was nearly a repeat of Ramos Compean.

——[snip]What lead to this morning’s “not guilty” verdict reversal against the former border patrol agent? Turns out his attorney says the prosecution in the first trial supressed evidence and lied about benefits given to “Alien” witnesses.

Attorney Jack Wolfe explains.

“They with-held evidence about their witnesses who had prior convictions...they didn’t tell us... they were supposed to tell us. In fact, they told us that they had no witnesses with convictions.”

A new trial was granted and David Sipe’s conviction was thrown out. As a result, Sipe is a free man and fighting to get his job back.

---

The Judge noted before granting the motion that he had never before in his twenty years on the bench ordered a new trial. Yet he sat through the trial, learned of the government’s repeated nondisclosures and misrepresentations, and was troubled. While many of these nondisclosures do not satisfy Brady’s rigid materiality standard, they nonetheless convinced the district court that Sipe did not receive a fair trial. That said, we need not and therefore do not decide if his decision could properly rest solely on the district court’s exercise of discretion under Rule 33. AFFIRMED AND REMANDED FOR TRIAL. 47

http://boards.historychannel.com/thread.jspa?threadID=800016878&tstart=0&mod=1169957975996

[AuntB]

See post 47.

[dennisw]

Disgusting. The open borders liberals like GWBush and Johnny Sutton are in charge. We don’t need to elect a Hillary Clinton. Notice how old man Bush makes joint appearances with Bill Clinton. Just one big happy family

[calcowgirl]

I didn’t keep copies of anything I read, but this was one of them.

http://www.ca5.uscourts.gov/opinions/unpub/05/05-51523.0.wpd.pdf

I don’t think Aleman deserved a year in jail (I assume there are thousands of people lying to INS these days), but I also don’t think he was unknowing in at least some of the overt actions he allegedly took. It is hard to tell because I also don’t trust that what the prosecution provided to be 100% truthful. I’m just hesitant in believing that Sutton was equally as dishonest in this prosecution as he was in the Ramos/Compean case.

[calcowgirl]

In any case, if you read the trial transcript you'll find that Compean deserved to go to jail.

I read the trial transcript and certainly didn't come to that conclusion.

[calcowgirl]

Links to all the Ramos/Compean transcripts, and discussion, is on this thread:

http://www.freerepublic.com/focus/f-chat/1784408/posts

[1rudeboy]

I'm aware of that. You believed the testimony of the witnesses you wanted to believe, and disregarded the fact that they got destroyed on cross-examination.

[calcowgirl]

The trigger-point was when he tried to strike Avila with his shotgun (I don't remember if Compean admitted to doing so at trial, or not, so I understand it's a version of the story), or when he fell-down while "otherwise" trying to apprehend Avila.

You are listening solely to the testimony of the drug dealer. If you read all the testimony, you would get a picture of the drug dealer in a ditch and, after repeatedly being told to STOP, continues to approach Compean and exit the ditch. When he came too close, Compean pushed him with the butt of his shot-gun and missed. What would you do if a man 1 foot taller than you, who had just led several border patrol agents on a five-mile high-speed chase across town failing to stop, who had been seen at an area known for drug-running, approached you in a threatening manner? Maybe he should have just shot him right then. Or would you suggest that he just let him go?

If the drug-runner was instead muslim and a cache of dirty bombs had been found in that van, instead of 750 pounds of marijuana, would you feel differently?

[FOXFANVOX]

I read the trial transcript and, while you are right that Compean was the weaker of the two cases, I came away with the opinion that at worst the Agents should be retried and at best the trial should be annulled. [Or whatever the proper legal term is.]

FYI: I post the following article from World Net Daily.

***********************************************************

Smuggler's 2nd drug case confirmed by accomplice WorldNetDaily.com ^ | February 20, 2007 | Jerome R. Corsi

Posted on 02/21/2007 5:19:44 AM EST by Man50D

A report by a Department of Homeland Security agent confirms the drug smuggler given immunity to testify against imprisoned border agents Ignacio Ramos and Jose Compean committed a second offense, which was hidden by prosecutors, and identifies the smuggler's accomplice.

As WND previously reported, El Paso Judge Kathleen Cardone sealed all information about smuggler Osbaldo Aldrete-Davila's second offense and refused to allow the defense to present the information to the jury.

Cardone placed the attorneys involved in the Ramos-Compean case under a gag order and threatened to prosecute the families if any member discussed publicly Aldrete-Davila's second drug-smuggling incident.

The office of the prosecutor, U.S. Attorney Johnny Sutton, did not return WND phone calls asking for comment on this story.

The Nov. 21, 2005, report by DHS Special Agent Christopher Sanchez indicates Drug Enforcement Administration investigators conducted a "knock and talk" in Clint, Texas, Oct. 23, 2005, in which they learned of Aldrete-Davila's second incident.

According to the report, Cipriano Ernesto Ortiz-Hernandez, the occupant of 12101 Quetzal in Clint, Texas, positively identified Aldrete-Davila as the driver who dropped off 752.8 pounds of marijuana in a 1990 Chevy Astro van at Ortiz-Hernandez's home the day before.

Ortiz-Hernandez said he was able to make the identification because Aldrete-Davila lifted his shirt to show him the catheter inserted in his body by a U.S. Army doctor at Beaumont Medical Center in El Paso. Aldrete-Davila was treated at government expense for the wound he suffered in the initial Feb. 17, 2005, incident with Ramos and Compean.

Ortiz-Hernandez – reportedly in a wheelchair at the time of the DEA interview – reciprocated by showing Aldrete-Davila his own catheter.

According to Sanchez's report, Aldrete-Davila took 752.8 pounds of marijuana across the border Oct. 22, 2005.

Ortiz-Hernandez explained to DEA investigators that Aldrete-Davila decided to bring the drugs to 12101 Quetzal in Clint, Texas, after the van developed engine trouble. Ortiz-Hernandez had never met Aldrete-Davila. But Aldrete-Davila knew about Ortiz-Hernandez, having grown up with his brother, Jose Roberto Ortiz, in San Ysidro, Mexico.

Because of the family connections, Ortiz-Hernandez gave Aldrete-Davila refuge at his safe house.

Ortiz-Hernandez, born Sept. 8, 1970, is 5 feet 6 inches tall and weighs 140 pounds. He does not have a Texas driver's license but carries a Texas ID card and has a U.S. Social Security number.

In the Ramos-Compean trial transcript, Mary Stillinger, defense attorney for Ignacio Ramos, makes a reference to Ortiz-Hernandez in a sidebar comment to the judge (Vol. 5, p. 226), saying Aldrete-Davila was "discovered at the house of Cipriano Ortiz in September 2005." WND has confirmed Stillinger had the name correct but the date wrong.

Prosecutor Debra Kanof tells Stillinger, in the trial exchange, Aldrete-Davila would take the Fifth Amendment on any questions concerning his involvement with Ortiz-Hernandez. Stillinger and family members of Ramos and Compean refused to discuss with WND matters concerning Ortiz-Hernandez out of fear Sutton would prosecute them for violating the gag order.

Rep. Ted Poe, R-Texas, who has helped lead efforts in Congress on behalf of Ramos and Compean, told WND the deal made with Aldrete-Davila to not prosecute him for a second time "tells you two things." "

Number one, our federal government would do anything to prosecute Ramos and Compean, even giving immunity more than once for bring drugs into the United States," he said. "

And, second, the jury should have known about the second instance, to judge the credibility of this prosecution witness, their only witness, the drug dealer."

Poe explained that the "better deal a person gets as a witness, common sense would say, the more likely you're to say what the government wants you to say."

[calcowgirl]

Not true. I actually believed a combination of Compean, Ramos, and Aldrete-Davila. Who I didn't believe were the two BP agents that changed their stories five times and ended up giving the testimony that the prosecution needed to make their story have any credibility (after being threatened by the Sutton gang, themselves.) Juarez and Vasquez lied through their teeth to avoid being persecuted by Kanof and her thugs.

[Ajnin]

Yet if you look at Sutton's record, his conviction record for drug traffickers is one of the best in the country (second best, if I recall). I understand the point you are trying to make, but to return to my baseball analogy, you're telling me "the player's no good," and I'm telling you to "look at the stats."

If a baseball player was allowed to cheat in order to pad his stats then the analogy would fit. Johhny Sutton's record on convicting drug traffickers is the same as every other district. More drugs pass through Suttons's district than any other district, so there are more traffickers to prosecute. In my district every drug smuggler that is apprehended is prosecuted. We know of at least one drug smuggler is Sutton's district that was allowed to walk free after being caught twice with loads of drugs.

[FOXFANVOX]

One added point. I have seen a picture of the “ditch”. It is very steep and I doubt you could climb out of it with your hands raised as Aldrete-Davila claimed. My guess is, that Davila tried to climb out of the ditch in hopes of being able to make a run for it before the other agents arrived. Compean, who was much shorter than Davila, probably told him to stay, when Davila did not the saga began. From the picture, as I recall it, Compean could not have struck Davila with the butt of his shotgun if he had remained in the ditch; only if Davila tried to scale the side of the ditch.

I do know if I have to choose between two people’s version of an incident [where no one else was present] I am going to side with the US border Agent and not the Mexican drug smuggler. Especially one given immunity and other inducements to testify as the prosecution wants him to.

[herMANroberts]

Wasn’t there something about that in the oath of office?

[1rudeboy]

Yes, Sutton's district is a high-traffic area. But much like the IRS lets certain taxpayers off-the-hook by declining to prosecute them (in economic terms, because the opportunity cost of prosecution is too high, not for lack of evidence or level of difficulty), the fact that a prosecutor chooses not to prosecute a case is not evidence of "cheating."

Certain batters sit against certain pitchers, and it's part of the game, not an exploit.