Posted on 07/26/2007 9:47:24 AM PDT by msnpatriot
Two Border Patrol agents whose prosecution and sentences to lengthy prison terms triggered a political storm this year may have been charged with a "non-existent crime," according to a legal brief submitted to a federal appeals court in May, and obtained by Cybercast News Service.
(Excerpt) Read more at cnsnews.com ...
I heard it straight from Johnny Sutton's mouth on a radio interview that a written report was not required by policy. A verbal report would suffice and the supervisors who were immediately on scene qualified for receiving the report.
This was not made clear at the trial through a comibnation of prosecutor tactics, judge's ruling and defense incompetence. 3 jurors have indicated they did not understand at the time that a written report was not a legal requirement.
The supervisors were on scene and knew what transpired. Unless Ramos and Compean provided false information at that time, the reporting requirement was fulfilled on at least a cursory basis.
Ramos-Compean Ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
They shot a drug runner. They should be rewarded.
No. Actually what you said was:
They just shot him because they were mad he got away. Source.
Next.
Even if R&C had reasonable suspicion, which they didn’t, even if they had probable cause, which they most certainly did not, under which law does it say that LEO’s are now allowed to also be judge and jury, that they have the authority to initiate summary executions in the field?Source.
Next
Maybe OVD did try to smuggle in another “load”, we don’t know, all we have is the word of another drug smuggler, and we know how truthful they can be, right? No vehicle, no fingerprints, no video...nada. How do you suggest the justice dept. proceed on this evidence? Bug hunt? Jihad?Source
So. You. An anonymous poster on Free Republic know that R&C were; angry at Davila. Wanted to execute him. And, are willing to believe Davila but no other drug smugglers?
Very interesting.
Johnny Sutton probably ought to find a lawyer and start preparing for disbarment...I’m expecting someone to start the ball rolling by September and he could be in the final stages of disbarment by December. Its funny how we are all learning how to submit requests for disbarment and with the internet, we can actually track the entire case...with attention tossed onto the state group and forcing them to meet the public expectations.
I agree.
At the end of the day it seems obvious what happened. The Mexican government pushed for charges through their consulate. They have done this in other cases as well. To continue proping up the corrupt mexican govt our govt decided to sacrifice these two border patrol agents.
But Jones also blasted Sutton, saying the prosecutor "had no business charging [Ramos and Compean] with a crime that Congress clearly designed to apply only to the individuals who are possessing, using, or carrying firearms for the purpose of facilitating the commission of a crime - not to federal law enforcement agents."Methinks Sutton may be in a world of hurt. Lies, lies and more lies. As the prosecutor in charge, he is ultimately responsible. Fibbing to Congress is a crime. He ought to be removed from his post. Not for him to worry. He can always expect a pardon from his good buddy."How perverse it is that this statute is now being used against law enforcement officers who were trying to stop drug trafficking," he added.
Sutton told the Senate Judiciary Committee on July 17 that it was his trial team that made the decision to bring the "discharge of a firearm in relation to a crime of violence" charge, and that he was not consulted on the issue.
That said, Compean and Ramos are clearly guilty, and immigration restrictionists (among which I count myself) shouldn't be making these guys out to be heroes. They clearly screwed up, big time, and the border patrol is better off without them.
And BTW, before you call me an open borders cheerleader, I'll have you know I'm a major donor to organizations like NumbersUSA and FAIR. I oppose all forms of amnesty and want all illegals deported. I also want to shut down most legal immigration for at least 10 years.
I am more radical immigration restrictionist than 90% of the Compean and Ramos cheerleaders, so don't call me an open borders advocate. I know you haven't done that yet; I'm preempting you.
They accuse the prosecution of "creating a purported criminal offense never enacted into law by Congress," and of charging Ramos and Compean with a "non-existent crime."
They accuse it without any basis. The text of 924(c) clearly indicates it would apply to this case.
Simply discharging a firearm near a violent crime is not illegal
No, but shooting fleeing unarmed suspect is.
saying the law they were convicted under is not a law at all, but a sentencing factor used to help a jury determine jail time after a conviction.
It's sentencing factor, but it gives neither judge nor jury any discretion to determine anything. It simply imposes a mandatory minimum sentence of 10 years for using a firearm when committing a "crime of violence."
Assault is a crime of violence. Ramos and Compean discharged their firearms when committing an assault. I'm sorry, but the text of the statute is very clear, and this falls under it.
And please spare me the BS about the Congressional Record. This is a conservative site, and conservative jurisprudence, rejects the use of legislative history. Legislators convey their intent by what they put into the text of the law. What they say when debating the law is irrelevant. If you disagree with me, take it up with Anthony Scalia.
It's a bad law that I want to see repealed, but a US Attorney does not have the authority to repeal laws. He has a sworn duty to uphold the laws as they are on the books.
You should be upset that Nifong Sutton gave this drug-trafficing illegal alian AMNESTY and FREE PASS to smuggle more drugs into the US which is EXACTLY what he did!
I think that is what Sutton told the jury.
Sutton didn’t try the case. It was tried by two Asst. DAs under his district.
Oh, please. I know that Sutton himself did not try the case. It was Sutton’s office — the reason I also said, “the prosecution told the jury”.
They gave him immunity from prosecution related to his crimes on the day the shooting happened. That's it. I'm not upset about that because there was no way they were going to nail him for that anyway. First of all, he was in Mexico, and second of all, even if they were able to get their hands on him, they didn't have any evidence with which to charge him for the smuggling.
Furthermore, he hasn't been allowed to remain the US, so this is not an illegal alien amnesty.
Now, if it is true that he used his pass into the US for trial to smuggle more drugs, I will be outraged. There's not enough public information about this, though, for me to determine whether this is true. I'll withhold judgement until all the facts are made public.
I read that, with interest, yesterday.
Whatever............
Well, I’m reading thru the trial transcripts (rather large). The Prosecutor says they tried covering up, the defense says they didn’t, and the jury voted to convict, agreeing there was a crime. I wasn’t there so I can only base it upon what I’ve read so far.
Well, I’m reading thru the trial transcripts (rather large). The Prosecutor says they tried covering up, the defense says they didn’t, and the jury voted to convict, agreeing there was a crime. I wasn’t there so I can only base it upon what I’ve read so far.
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