Sunday, July 15, 2007
Rep. Duncan Hunter: Pardon Ramos and Compean
U.S. Border Patrol agents Ignacio Ramos and Jose Compean should be pardoned, Rep. Duncan Hunter, R-Calif., told a subcommittee of the Senate Judiciary Committee on Tuesday.
Hunter, a 2008 GOP presidential hopeful, said the prosecution of Ramos and Compean is a "great injustice,” adding that their case "called out for a pardon or commutation.”
Last October, U.S. District Court Judge Kathleen Cardone in El Paso, Texas, sentenced Compean to 12 years in prison and Ramos to 11 years and one day — despite a plea by their attorney for a new trial after three jurors said they were coerced into voting guilty in the case.
The two agents were convicted of firing at and wounding a reportedly unarmed illegal immigrant near Fabens, Texas. The illegal was suspected of drug smuggling and was granted immunity by federal prosecutors in exchange for his testimony against the agents.
Hunter testified that he had read all of the police, court, and prosecution files and further concluded that federal investigators failed to thoroughly investigate whether the illegal immigrant involved was armed at the time of the incident.
Hunter called the sentences "extremely unjust,” adding that he has issues with the credibility of the immunized testimony of the star witness, a drug dealer.
Hunter has said that if elected president, his first order of business will be to pardon the agents.
Rep. Dana Rohrabacher, R-Calif., who has also been critical of the prosecutions, exclaimed emotionally that the two agents are "now beginning their 180th day in solitary confinement!”
Rohrabacher conceded that Ramos and Compean had apparently tried to cover up the shooting and came up short in the paperwork reporting of the incident, but argued that the pair should have been reprimanded — not prosecuted for a felony.
"The Ramos and Compean case is the worst miscarriage of justice in my 30 years in Washington,” Rohrabacher testified.
During his testimony, T.J. Bonner, the president of the National Border Patrol Council, questioned whether federal prosecutors understated the threat of the illegal immigrant.
"In my 29 years of experience as a law enforcement officer, someone carrying that quantity of drugs is invariably armed,” Bonner said.
"There is no credible evidence that Osvaldo Aldrete-Davila, the Mexican national who was wounded by Ramos, was unarmed on February 17, 2005 while smuggling more than a million dollars worth of marijuana into the United States,” Bonner testified.
"The ramifications of this case will be felt by the Border Patrol,” Bonner said, interjecting an anecdote about a former border patrol recruit who eventually declined joining the force with the explanation: "You have to be crazy to join this outfit, because you eat your own.”
Luis Barker, deputy chief at the Office of Border Patrol, testified that cool and calm heads should lead in determining any potential miscarriage of justice.
"Though there is an emotional connection in this case, those of us in leadership and those having the responsibility to apply the rule of law cannot abdicate our responsibilities,” Barker explained to the panel. "It saddens me because had the two agents behaved with the integrity and honor that we instill, following procedure, disclosing the shooting, the results might have different.”
Barker added, "These agents destroyed evidence, filed an incomplete report in an effort to keep this shooting from leadership.”
David L. Botsford, the appellate counsel for Ramos, made several points to the panel:
The federal prosecutor erred in the making the immunity agreement with Davila, arguing that Davila "broached” that agreement in subsequent conversations and actions in Mexico.
Even the "wounded party” — Davila — has been quoted as saying the prison sentences against Compean and Ramos were "too harsh.”
The prosecutor, he opined, prevented the jury from hearing important facts of the case by engineering an unfair, inappropriate immunity agreement for Davila.
"If they had a good-faith belief that Davila had a gun, the law enforcement officials” should be able to use their firearm, Botsford testified. "Prosecuting” them for doing so sends a dangerous message to the law enforcement community, he added.
But Sen. Jeff Sessions, R-Ala., disagreed, noting, "A police officer is not allowed to shoot someone who is fleeing, if that person is no threat.”
Sessions, however, conceded that the "punishment was excessive . . . But we can’t just have border agents going around and shooting people.”
For his part, Sen. John Cornyn, R-Texas, whose state is home to agents Compean and Ramos, said that it is important to question whether the convictions of the agents were properly handled in all stages by the Department of Justice. He said he wants a thorough review of the circumstances surrounding the criminal case.
When U.S. Attorney Johnny Sutton, the top federal prosecutor in west Texas and the chief architect of the prosecutions began his say, it was to a capacity hearing room 226 at the Dirksen Senate Office Building.
"I do not take the prosecution of law enforcement officers lightly,” Sutton emphasized. "I admire border patrol agents and I believe they are American heroes. But a small percentage of border agents cross the line. Compean and Ramos crossed the line. They are not heroes.”
Sen. Dianne Feinstein, D-Calif., who pushed for the hearings on the fate of the agents, said she had been informed that Compean was offered a plea bargain of 18 months in prison before trial. She says Ramos was offered something similar. The plea bargains were rejected.
Sutton, however, refused to comment on any plea bargains, offering only that in his opinion the two agents had four very capable attorneys who represented them professionally at trial.
When Feinstein asked Sutton whether the jury knew the potential maximum sentences for the agents — before their deliberations — Sutton responded with a curt, "No.”
At one point, Sutton raised his voice and said, "Ramos and Compean have no one to blame but themselves. Instead of reporting like their duty-bound to do, they covered it up. That's why a west Texas jury convicted these guys. West Texas juries don't convict cops easily.”
Sutton quickly regained his composure and apologized for his "passion and emotion,” adding that he and his team of team of federal prosecutors had "taken a beating” over the prosecutions.
Sutton noted that his information indicated that many — if not most — marijuana dealers operating in and near El Paso do not carry guns.
However, David Aguilar, chief of the U.S. Border Patrol, informed the panel that violence against border agents was indeed increasing, overall, noting that there were 11 assaults against agents over a four day period last week, alone.
Aguilar further testified that there have 116 uses of deadly force since February 2005 — with 13 suspects killed.
U.S. Border Patrol agents Ignacio Ramos and Jose Compean should be pardoned, Rep. Duncan Hunter, R-Calif., told a subcommittee of the Senate Judiciary Committee on Tuesday.
Hunter, a 2008 GOP presidential hopeful, said the prosecution of Ramos and Compean is a "great injustice,” adding that their case "called out for a pardon or commutation.”
Last October, U.S. District Court Judge Kathleen Cardone in El Paso, Texas, sentenced Compean to 12 years in prison and Ramos to 11 years and one day — despite a plea by their attorney for a new trial after three jurors said they were coerced into voting guilty in the case.
The two agents were convicted of firing at and wounding a reportedly unarmed illegal immigrant near Fabens, Texas. The illegal was suspected of drug smuggling and was granted immunity by federal prosecutors in exchange for his testimony against the agents.
Hunter testified that he had read all of the police, court, and prosecution files and further concluded that federal investigators failed to thoroughly investigate whether the illegal immigrant involved was armed at the time of the incident.
Hunter called the sentences "extremely unjust,” adding that he has issues with the credibility of the immunized testimony of the star witness, a drug dealer.
Hunter has said that if elected president, his first order of business will be to pardon the agents.
Rep. Dana Rohrabacher, R-Calif., who has also been critical of the prosecutions, exclaimed emotionally that the two agents are "now beginning their 180th day in solitary confinement!”
Rohrabacher conceded that Ramos and Compean had apparently tried to cover up the shooting and came up short in the paperwork reporting of the incident, but argued that the pair should have been reprimanded — not prosecuted for a felony.
"The Ramos and Compean case is the worst miscarriage of justice in my 30 years in Washington,” Rohrabacher testified.
During his testimony, T.J. Bonner, the president of the National Border Patrol Council, questioned whether federal prosecutors understated the threat of the illegal immigrant.
"In my 29 years of experience as a law enforcement officer, someone carrying that quantity of drugs is invariably armed,” Bonner said.
"There is no credible evidence that Osvaldo Aldrete-Davila, the Mexican national who was wounded by Ramos, was unarmed on February 17, 2005 while smuggling more than a million dollars worth of marijuana into the United States,” Bonner testified.
"The ramifications of this case will be felt by the Border Patrol,” Bonner said, interjecting an anecdote about a former border patrol recruit who eventually declined joining the force with the explanation: "You have to be crazy to join this outfit, because you eat your own.”
Luis Barker, deputy chief at the Office of Border Patrol, testified that cool and calm heads should lead in determining any potential miscarriage of justice.
"Though there is an emotional connection in this case, those of us in leadership and those having the responsibility to apply the rule of law cannot abdicate our responsibilities,” Barker explained to the panel. "It saddens me because had the two agents behaved with the integrity and honor that we instill, following procedure, disclosing the shooting, the results might have different.”
Barker added, "These agents destroyed evidence, filed an incomplete report in an effort to keep this shooting from leadership.”
David L. Botsford, the appellate counsel for Ramos, made several points to the panel:
The federal prosecutor erred in the making the immunity agreement with Davila, arguing that Davila "broached” that agreement in subsequent conversations and actions in Mexico.
Even the "wounded party” — Davila — has been quoted as saying the prison sentences against Compean and Ramos were "too harsh.”
The prosecutor, he opined, prevented the jury from hearing important facts of the case by engineering an unfair, inappropriate immunity agreement for Davila.
"If they had a good-faith belief that Davila had a gun, the law enforcement officials” should be able to use their firearm, Botsford testified. "Prosecuting” them for doing so sends a dangerous message to the law enforcement community, he added.
But Sen. Jeff Sessions, R-Ala., disagreed, noting, "A police officer is not allowed to shoot someone who is fleeing, if that person is no threat.”
Sessions, however, conceded that the "punishment was excessive . . . But we can’t just have border agents going around and shooting people.”
For his part, Sen. John Cornyn, R-Texas, whose state is home to agents Compean and Ramos, said that it is important to question whether the convictions of the agents were properly handled in all stages by the Department of Justice. He said he wants a thorough review of the circumstances surrounding the criminal case.
When U.S. Attorney Johnny Sutton, the top federal prosecutor in west Texas and the chief architect of the prosecutions began his say, it was to a capacity hearing room 226 at the Dirksen Senate Office Building.
"I do not take the prosecution of law enforcement officers lightly,” Sutton emphasized. "I admire border patrol agents and I believe they are American heroes. But a small percentage of border agents cross the line. Compean and Ramos crossed the line. They are not heroes.”
Sen. Dianne Feinstein, D-Calif., who pushed for the hearings on the fate of the agents, said she had been informed that Compean was offered a plea bargain of 18 months in prison before trial. She says Ramos was offered something similar. The plea bargains were rejected.
Sutton, however, refused to comment on any plea bargains, offering only that in his opinion the two agents had four very capable attorneys who represented them professionally at trial.
When Feinstein asked Sutton whether the jury knew the potential maximum sentences for the agents — before their deliberations — Sutton responded with a curt, "No.”
At one point, Sutton raised his voice and said, "Ramos and Compean have no one to blame but themselves. Instead of reporting like their duty-bound to do, they covered it up. That's why a west Texas jury convicted these guys. West Texas juries don't convict cops easily.”
Sutton quickly regained his composure and apologized for his "passion and emotion,” adding that he and his team of team of federal prosecutors had "taken a beating” over the prosecutions.
Sutton noted that his information indicated that many — if not most — marijuana dealers operating in and near El Paso do not carry guns.
However, David Aguilar, chief of the U.S. Border Patrol, informed the panel that violence against border agents was indeed increasing, overall, noting that there were 11 assaults against agents over a four day period last week, alone.
Aguilar further testified that there have 116 uses of deadly force since February 2005 — with 13 suspects killed.
