Judicial Watch files lawsuit against US Government in Ramos-Compean case

Osvaldo Aldrete-Davilla World Net Daily is reporting that Judicial Watch a so called “watchdog” group has filed suit against the US Government in an attempt to obtain details on the immunity agreement given Osvaldo Aldrete-Davilla for his testimony against ex Border Patrol Agents and convicted felons Ignacio Ramos and Jose Compean who without provocation, shot him in the ass while he was attempting to flee back to Mexico.

How can we forget February 17, 2005 when Jose Compean, on Patrol in the Fabens area spotted a grey van being driven suspiciously by Aldrete-Davilla and the pursuit began that ended at the Rio Grande separating the US from Mexico. Aldrete-Davilla abandoned the van, later found to contain 750 pounds of pot and hot footed it towards Mexico. Encountering Compean on the levee, his last obstacle before the freedom of Mexico, he ducked as Compean tried to take him down with the butt of his shotgun. Compean lost his balance and fell on his face and came back up trying to shoot Aldrete-Davilla in the back. 15 rounds were expended and none found it’s mark. Ignacio Ramos coming to the aid of Compean who he thought was under attack, took one shot that hit Aldrete-Davilla in the ass, and causing immense internal damage. Instead of going to the downed suspect and rendering aid, and arresting Aldrete-Davilla,they turned around and made their way back to their cruisers where other Border Patrol agents had arrived and were searching the abandoned van. At that point, it was discovered that Aldrete-Davilla was a runner. Compean retrieved his brass and chose not to report the shooting to his supervisors as required.

It was a month later, when and investigator with the Border Patrol’s Internal Affairs office got involved did the truth become known and Ramos and Compean were arrested and charged. The Field Supervisor at the Fabens office did not know anything about the events until the IA investigator informed him as to why his two agensts had been arrested.

Sound like a crock? It is all there in the trial transcripts which can be [cref downloads DOWNLOADED] on this site.

But WND, in their normal manner of skewing the facts and misrepresenting the truth, begins their article with this paragraph.

A lawsuit has been filed against the United States government by a watchdog group seeking information about what was promised and delivered to a now-confessed drug smuggler that allowed him to travel back and forth between the U.S. and Mexico after two border agents caught him bringing a third of a ton of drugs into the United States.

That is a patent misrepresentation. They did not catch him bringing any drugs into the US. They knew nothing about him. They shot an unarmed man in the back, without cause, and then lied and try to cover up their crimes with the help of other Border Patrol Agents who were offered “Proffer Letters”, or letters of immunity in exchange for telling the truth about the events of 2/17/05.

The story continues, and this part as WND is telling it, is factual, more or less.

U.S. Attorney Johnny Sutton’s office then charged Ramos and Compean with violating Border Patrol policy by pursuing Aldrete-Davila without supervisor approval, moving spent shell casings and improperly reporting the fired shots. Aldrete-Davila was granted immunity to testify against the agents and given permission to be in the United States.

Border Patrol policy manuals state that all high speed pursuits be reported to a supervisor and permission given before the pursuit can happen. This was not done. Policy also states that high speed pursuits are only considered if the Agents are in a cruiser, Ramos and Compean were in pickup trucks. Compean removed some shell casings and ask a fellow agent to retrieve the others. The other agent did as asked, chiunking them in the Rio Grande and reporting this to Compean. This agent was one of those who testified under the protection of a “Proffer Letter” as to his actions and to his knowledge of events that day.

Aldrete-Davilla was granted immunity for his activities on February 17,2005 only. He was not given permission to “be in the United States” and all that statement implies. Chris Sanchez, the Border Patrols IA investigator, obtained temporary visas for Aldrete-Davilla and escorted him to his doctors appointments and court appearances. The visas were for limited amounts of time, and in the end, stayed in Chris Sanchez’s possession.

So what does Judicial Watch request in their lawsuit which seems to be little more than a fishing expedition?

  • Information pertaining to government deals that were made with the government of Mexico to bring Aldrete-Davila to the U.S. to testify.
  • Any internal communications between the State Department, the Department of Homeland Security and the Justice Department related to the decision to permit the lawful entry of Aldrete-Davila into the U.S. for medical treatment and for meetings with government prosecutors.
  • Any and all records of the Diplomatic Security Services (a branch of the State Department) related to the shooting incident.

Sounds simple enough doesn’t it. But if they had read the transcripts, as I have, page for page, they would have their answers without the necessity of wasting the courts time. And nowhere in the transcripts or anywhere else have I seen mention of the Diplomatic Security Services. Chris Sanchez of the IA office was responsible for the witnesses security. As mentioned, a pointless fishing expedition.

This is simply more smoke and mirrors to try and get these two convicted felons pardoned, something they do not deserve. Commutation, possibly, but a pardon, not hardly.

Facts are the facts as they came out at trial. They shot an unarmed man, tried to cover the crime and in the end, got caught. They were tried by 12 members of the community, almost all with relatives or friends in the law enforcement community as the voir dire indicated. They received a fair trial.

“There is enormous public interest in this incident. Many people, suspect these Border Patrol Agents were railroaded by the government for simply doing their jobs. Given the controversy surrounding the case, the more the American people know, the better,”

The above really is a broad statement. Enormous public interest from the right wing neo cons and those using this to push their own vague agendas maybe. People trying to make heroes out of two convicted felons. They were not railroaded. Their own actions put them where they are today. They have no one to blame but themselves. One of the problems today is people refuse to take responsibilities for their actions.

Aldrete-Davilla has plead guilty to trafficking charges concerning the loads mentioned after the incident. He will be sentenced tomorrow to 40 years in Federal Prison. A fitting punishment for all of his crimes.

I would like to point out one more patently false statement or claim made in this article by WND.

The Ramos and Compean convictions have been questioned by many who point out that during the trial, jurors were not told of Aldrete-Davila’s continued drug trafficking. Jurors also were unaware that a fellow agent who testified against Ramos and Compean is a life-long friend of Aldrete-Davila – a violation of Border Patrol policy in itself.

They refer to Agent Rene Sanchez, no relation to Chris Sanchez, a Border Patrol Agent assigned to the Wilcox Arizona field office at the time. Rene Sanchez was from the same town in Mexico as the Aldrete-Davilla family and had been friends in childhood with Osvaldo’s older brother. This is how Ramos and Compean got caught. Osvaldo Aldrete-Davila’s mother said something to Rene Sanchez mother who called her son and asked him what he knew. He got his supervisors permission to investigate and turned his findings over to his supervisor who contacted Internal Affairs who launched a blind investigation. Nothing in violation of CBP policy there.

But we can expect those with nothing better to do with their lives than invent excuses why these two “heroes” should be freed. Perhaps when Bush leaves office, he will issue a commutation. But until then, according to all documents available from the trial, these two received a fair trial and are paying for their crimes.

The magazine SALON has an excellent article on this case entitled The Ballad of Ramos and Compean It is well worth a read.

Case Closed for now!