What Happened To Justice In America? (Compean & Ramos)

humanevents.com ^ | 08/04/2008 ET | Rep. Dana Rohrabacher

[iThinkBig]

Thank you for the clarification of the process.

[Dante3]

It is outrageous what has been done to Compean and Ramos.

I would like to see a story about who are this Johnny Sutton, Debra, and other accomplices and their life styles. Do they live beyond their means? Are they married to spouses with drug connections? Have they a past that might lend to blackmail? It might give insight into the motive behind their outrageous behavior.

Incredible how blatantly Sutton and his gang have crossed the line. They are pushing the envelope and apparently getting away with it.

[calcowgirl]

Ramos and Compean obviously made some wrong decisions on that day. But trying to push back the drug smuggler with his gun wasn't one of them, IMO. The defense team did a lousy job of adressing this issue during the trial.

I wonder what some folks here would do if they were in a similar position--with a suspect refusing to obey orders to "Stop," continuing to advance on the officer despite a shotgun being pointed at him, and coming within a threatening distance of the officer. Personally, I think I probably would have let loose with the shotgun. Instead, Compean tried to bump him back in the ditch--a perfectly reasonable action, IMO.

That some would try to characterize this (failed) action as being "clubbed with a shotgun butt" is beyond nonsense. To suggest that such a move is not a normal and reasonable defensive move is also ridiculous and just reinforces the Johnny Sutton misinformation campaign.

[1rudeboy]

There were no ballistics provided and I find it very hard to believe a surgeon would not have saved the bullet for ballistics testing.

?

The bullet removed from Aldrete-Davila’s body was matched with Ramos' weapon.

[calcowgirl]

If you read the appeals opinion, you will find that the 3-justice panel was limited in addressing certain aspects given prior rulings of the 5th circuit. The new appeal has requested a full en banc review. Hopefully, those issues will be addressed in full (and the findings in favor of the border agents).

One can hope, anyway.

[calcowgirl]

The bullet removed from Aldrete-Davila’s body was matched with Ramos' weapon.

Maybe. Maybe not. There is a lot of question as to why Ramos stipulated the bullet came from his gun. Evidence of such was never presented in court.

[1rudeboy]

Just what level of incompetence are you willing to attribute to the defense's attorneys? What about Ramos? Was he asleep at the switch during his own trial (and pre-trial)?

Seriously, isn't he something like a 10-year veteran of the Border Patrol? Some sort of a firearms instructor? Why would he stipulate to something so fundamental (and critical) to his case based upon a "maybe?"

[calcowgirl]

Just what level of incompetence are you willing to attribute to the defense's attorneys?

A lot, actually. The stipulation was one of their greatest mistakes.

[AndrewC]

Just what level of incompetence are you willing to attribute to the defense's attorneys?

I don't think calcowgirl was addressing defense counsel's incompetence, but what do you know about them, specifically Compean's?

And tell me, what defense is there except telling the truth? Ramos told exactly what he did. No other testimony could challenge what he said save for Davila(except for one hand gesture -- Juarez), who we know is a liar and a felon.

[1rudeboy]

Ok, so let’s assume Ramos’ attorney received his law degree from a Cracker-Jack box. At what point do you expect a defendant in a criminal trial to say, “the heck with that, it’s not my bullet?” He’s a veteran officer . . . not some guy with diminished mental capacity just off the street.

[calcowgirl]

Compean’s attorney was so far out of her league, it wasn’t funny!

Stillinger was smart, but outgunned and overwhelmed.
Antcliff was pretty capable but only came it at the 11th hour.

Chris Sanchez provided false testimony about the ballistics (and other things).
Those ‘errors’ weren’t even caught by the defense team.

[Cyropaedia]

A lot, actually. The stipulation was one of their greatest mistakes.

You can say that again.

[calcowgirl]

It’s more complicated than that. There were a lot of questions as to the chain of custody of that bullet. There are even more questions as to the ballistics tests that appear to NOT have been performed by the time of their arrest, despite an affidavit by the investigator, Chris Sanchez.

Had Ramos not “stipulated” to the bullet, the prosecution would have had to make the case. Instead, once the jury decided that discharging his weapon was not appropriate, the charge of “assault” was a slam-dunk... which then led directly to the mandatory 10 year sentence. Ramos’s attorneys handed the defense the trump card.

[calcowgirl]

Ramos’s attorneys handed the defense the trump card.

Correction:

Ramos’s attorneys handed the defense prosecution the trump card.

[1rudeboy]

The defense team argued that Ramos and Compean (one, the other, or both--don't remember) saw a weapon in Aldrete-Davila’s hand, and that the shooting was justified for that reason.

I don't see how you can turn around and argue (a variation of) "you can't prove my client did the shooting." The full weight of all the corroborating evidence places Ramos, Compean, and Aldrete-Davila at the scene, and that a shooting occurred.

[AndrewC]

At what point do you expect a defendant in a criminal trial to say, “the heck with that, it’s not my bullet?”

I don't get your point. It probably was Ramos bullet. Ramos is not lying. He shot at Davila and thought he missed him. It turns out Davila had a hole in his butt. So logically since Davila was playing Jesse Owens at the river, Compean had not hit him. Therefore the bullet belonged to Ramos. I suppose it was an error not to make the prosecution prove their case, but how would an implied denial later proven false look in relation to Ramos credibility? Having hindsight, we can see that the jury for whatever reasons they saw, believed Davila and not Ramos.(at least 9 of the 12)

[Pelham]

“It’s no secret our Southern border is a virtual war zone where our border patrol agents and local law enforcement officers are often outgunned and outmanned by the violent drug cartels. So when Agents Ramos and Compean testified they thought Davila pointed a weapon at them, wouldn’t that seem reasonable to assume given the dangerous conditions they face everyday along the border? Not according to U.S. Attorney Johnny Sutton, who decided to give the benefit of the doubt to a drug smuggler transporting a million dollars worth of drugs who said he was unarmed rather than siding with our law enforcement officers. “

[calcowgirl]

...we can see that the jury for whatever reasons they saw, believed Davila and not Ramos

Because he was just a poor guy raising money to help his mama pay her medical bills. He just wanted to go home! /s

[Pelham]

And hopefully you too will end up jailed for a ‘crime’ trumped up by a corrupt prosecutor.

[1rudeboy]

We are discussing why the defense team, and Ramos, stipulated that it was a bullet from his gun. If the defense has chosen to create reasonable doubt that the bullet was his, then it would have called into question (but not necessarily made legally impossible) his central defense that he saw a gun.

Meanwhile, the prosecution would have relied more heavily on corroborating evidence. Again, please remember that Ramos and Compean never denied firing their weapons.