U.S. government still hiding facts in the case against Border Patrol Agents Ramos and Compean

Former U.S. Attorney Johnny Sutton

In July 2008, the government watchdog group known as Judicial Watch filed a lawsuit against the U.S. State Department, for that agency´s failure to turn over certain documents related to former U.S. Attorney Johnny Sutton’s prosecution of Border Patrol Agents Ramos and Compean.

The suit came after the government refused to comply with a Freedom of Information Act request for documents which detailed the agreement made between the governments of Mexico and the United States, which allowed drug smuggler Osbaldo Aldrete-Davila to return to this country, and actually testify against Ramos and Compean.

The FOIA request was filed by Judicial Watch on April 17, 2008. The government failed to respond within their own guidelines of 20 days, hence the lawsuit.

On August 10, 2009 Judicial Watch finally received the documents from the federal government. Unfortunately, a great deal of information was left out of the documents. The feds are using the excuse that law enforcement has the right to withhold certain evidence from the public when a case is still open. However, the case against Ramos and Compean has long been closed.

I recently spoke with Chris Farrel of Judicial Watch, who described the released federal documents as “less than satisfactory and incomplete.”

While it is obvious that the government is purposefully withholding evidence which further could show that the case against the two agents is an erroneous one, what Farrel said has been has been revealed is “how Sutton’s office bent over backwards” to assist a drug dealer, and “abused his prosecutorial position.”

Farrel also reported that the documents show the “substantial Mexican influence” which was wielded in this case.

On March 4, 2005, the U.S. Consulate in Mexico contacted Sutton's office with information given by the Mexican government that they had a drug smuggler who had been shot by a Border Patrol Agent. The Department of Homeland Security began their investigation of Agents Ramos and Compean the very same day.

In fact, Homeland Security sent investigator Christopher Sanchez, with their Office of Inspector General into Mexico to find the injured Aldrete-Davila, and escort him through the process of becoming a criminal informant. Incredibly, Sanchez even allowed the drug dealer to stay with him in his home.

The drug smuggler Aldrete-Davila, was given immunity from prosecution, free medical care at a U.S. Army hospital, as well as free access back and forth across the U.S.-Mexican border. During that time, he used that access to bring at least one more load of drugs across the border.

Border Patrol Agents Ramos and Compean spent two years in federal prison for their efforts to apprehend a Mexican drug smuggler. On the last day of the Bush administration, the President issued a commutation of their11 and 12 year sentences.

About a month after entering prison, Ignacio Ramos was severely beaten by five illegal alien inmates. Though Johnny Sutton promised that Agent Ramos would not be placed into the general population, that is exactly what happened, leaving him vulnerable to brutal attacks from the very people he once locked up. It is no secret what happens to law enforcement officers when sent to prison, many end up dead…Is that what the Bush administration wanted for this very brave and very popular agent?

Upon examination of the facts, it is obvious that these agents were targeted by the Bush administration. It would seem that the unprecedented prosecution of Agents Ramos and Compean was to serve as an example to all Border Patrol Agents...Stop Mexican drug dealers and your life will be ruined!

It would seem that at least of few of those in Congress, agree with my assessment.

Rep. Walter Jones (R-NC) was one of the men leading the fight to free Ramos and Compean. In a 2007 letter to President Bush he said: "This demoralizing prosecution puts the rights of illegal smugglers ahead of our homeland security and undermines the critical mission of better enforcing immigration laws."

Shortly before Ramos and Compean reported to prison, Rep. Dana Rohrabacher (R-CA) held a press conference on the matter in which he put President Bush on notice. The California Congressman said: "We're going to find out whose side you're on...the American people or the side of our enemies. If you let these two men go to jail for defending us, then we'll know you're on the side of our enemies."

Rep. Ted Poe (R-TX) also signed a request for a Presidential Pardon. Congressman Poe has said: "It seems to me the U.S. government is on the wrong side of the law. The battle on the border is growing more violent everyday and our law enforcement officials need to know that they have the full support of the U.S. government in enforcing our immigration laws. It is appalling to me that our own government would give immunity to an illegal drug smuggler in their effort to prosecute these two brave young men who were simply doing their job--protecting the dignity of our borders and our country. I urge President Bush to extend a full pardon to both of these agents."

Poe also said: "Based on my experience as a former judge, I have looked at this case and our federal government was on the wrong side."

Even in our deeply divided Congress, outrage over the treatment of these two agents has reached across both sides of the aisle. In 2007, Sen. Diane Feinstein (D-CA) wrote to then Attorney General Alberto Gonzalez: "It appears that the facts do not add up or justify the length of the sentences for these agents, let alone their conviction on multiple counts."
 

After their conviction, Judge Kathleen Cardone refused to allow Border Patrol Agents Ramos and Compean free on bond pending an appeal. This move was highly unusual, as the courtesy is nearly always extended to law enforcement officers who are being prosecuted. Judge Cardone just happens to be a Bush appointee.

Johnny Sutton made much of the fact that Agents Ramos and Compean failed to report firing a weapon. While Ramos and Compean failed to report the shooting, they were not alone. There were several other agents in the vicinity who heard the shot and knew that Agent Compean had been assaulted by the smuggler. None of the agents reported the shooting.

However, failing to report a firearms discharge is not a crime but simply a violation of Border Patrol policy. The violation is handled on an in-house basis and usually results in a five day suspension with no loss of rank or benefits. The violation is becoming a fairly common occurrence, as the violence along the border increases.

I have spoken with Ramos´ father-in-law Joe Loya at great length and he informed me that though Compean's supervisor (Agent Jonathan Richards) was told in the field that Compean had been assaulted, he did not bother to check on him until sometime later. Richards eventually did talk to Compean back at the station house and asked Compean if he wanted to file assault charges against the drug smuggler. Agent Compean said that he did not know the identity of the smuggler and Supervisor Richards agreed that it would be a very complicated and lengthy process to file any charges. The FBI was never informed of the assault on a federal law enforcement official.

The van driven by the smuggler was left behind along with 743 pounds of marijuana. A few months later, he was caught once again smuggling drugs into this country. While in custody, he was given immunity from prosecution in both cases in exchange for his testimony against Ramos and Compean. In addition to immunity, the taxpayers assisted him with travel expenses and provided him with medical treatment at a U.S. Army facility in Texas. Once Aldrete-Davilla testified and completed his medical treatments, he promptly filed a $5 million lawsuit against the U.S. Border Patrol for violating his rights.

Aldrete-Davilla admitted that he had been smuggling drugs into the United States since he was fourteen years old.

Incredibly, once charges had been filed against Agents Ramos and Compean, these agents were not allowed to turn themselves over to authorities (a courtesy readily given to many drug dealers). No, these two veteran officers were arrested by SWAT teams!

The agents were offered a plea bargain several times by prosecutor Debra Kanoff. However, anxious to prove their innocence and still confident that this nonsense would soon end, the two always refused any offer of a deal. In addition to pleading guilty to lesser charges, the agents would have had to repay $35,000 in medical costs spent on treating the drug smuggler. Each time they refused to take a deal, Kanoff´s boss Johnny Sutton would pile on additional charges.

Immediately following the trial's conclusion, three jurors (Robert Gourley. Claudia Torres, Edine Woods) complained about several improprieties. They said that they had chosen 'not guilty' verdicts but were unduly intimidated by other jurors into changing their decision. They also said that they had been instructed improperly and were told that any verdict must be unanimous and a 'hung jury' was not possible in this case. All three signed sworn affidavits listing the preceding complaints.

Defense attorney Mary Stillinger presented the statements to Judge Cardone and asked that the verdict be 'set aside.' Of course, the request was denied.

Agent Ignacio Ramos, is a ten year veteran of the Border Patrol as well as a U.S. Navy veteran. He has been nominated for Agent of the Year and coaches T-ball and football. He has a wife and three sons.

Agent Jose Compean, is a five year veteran of the Border Patrol. He has been involved in dozens of drug busts and was wounded while trying to apprehend the drug smuggler. He has a wife and three children, his youngest was 3 months old when he began his prison sentence.

While the two men are now free, they were not pardoned and remain convicted felons and as such, are hindered by the restrictions which come with that status. They cannot return to work in law enforcement, own a firearm, nor even vote in the land which they spent so many years protecting.

What deals were made between the United States and Mexico? Just how much influence does a foreign government have over the prosecution of American citizens? Is there an official but unstated policy to allow a certain amount of illegal drugs into this country from Mexico?

The answers to the aforementioned questions will apparently never be offered by our government…So just what are they hiding?