Agreed, at this point almost everybody who has any sympathy for these former Border Patrol officers, would be willing to settle for a commutation of the sentance.
The conviction and sentencing was an unjust application of the law, with so many prosecutorial errors, that a fair hearing would probably overturn the sentence altogether.
I suspect the Johnny Sutton was kind of “kicked downstairs” from a post he once held in Washington DC, and was just taking shots, relying on his long-standing friendship with Dubya to protect him.
I do not know what miscreant behavior Johnny Sutton engaged in at the DC office of Justice, but there may be some relation to his current behavior. Bears questioning.
(Mental image of a pair of grizzly bears acting as bad cop and worse cop, working over suspect under a single light bulb in a locked room.)
Actually, he got kicked upstairs after he got the conviction. I believe he remains in that post.
03/08/2006 Jury trial concludes. Jury votes to convict on all counts except Count 1, Assault with Intent to Commit Murder.03/28/2006 DOJ Press Release, 3/29/2006 U.S. Attorney Johnny Sutton appointed by Alberto Gonzales to serve as chair for the Attorney General's Advisory Committee a role "which plays a significant role in determining policies and programs of the Department and in carrying out the national goals set by the President and the Attorney General."