Border Agent Hearing Under Way
Congress investigates the prosecution of two El Paso Border Patrol agents
Posted: 9:15 am MDT July 17, 2007Updated: 2:21 pm MDT July 18, 2007
-By Scott MacFarlane, KFOX Washington, D.C., correspondentThis morning, the United States Senate Committee on the Judiciary will hold a hearing to review the criminal prosecutions and convictions of former El Paso border agents Jose Compean and Ignacio Ramos. The two agents were convicted of shooting and wounding an unarmed illegal immigrant near Fabens, Texas. That illegal immigrant was suspected of drug smuggling and was granted immunity by federak authorities in exchange for his testimony against the agents.Both Compean and Ramos will serve more than 10 years in prison, unless their sentences or convictions are eventually adjusted.Critics of the sentence, which was handed down last October 19th, say the prosecution was an abuse of prosecutorial power by a man named Johnny Sutton, the Texas US Attorney involved. They say it also is a blow to morale and recruitment at the Border Patrol.The prosecutor involved, several members of Congress, and key US Customs and Border Protection officials will testify.I've been given a front-row seat in the hearing room to capture some of the key moments of today's hearing.BLOG ENTRY #1: (950am eastern)United States Customs and Border Protection Agents rarely enjoy such comfort.The air conditioning inside Room 226 of the Dirksen Senate Office Building is set to 70 degrees. Each of the 200 or so seats in the audience is plush and leather. Crystal glasses are lined up horizontally along the green-felt covered witness table. It's difficult to imagine a more unlikely setting for what the Committee bills as a "high profile" Border Patrol event.US Border Agents pride themselves in working in hostile, hot, unyielding environments. They often stand for hours, in the desert, in the sun, while wearing dark olive or brown clothing. They face constant threats and run a high risk of bodily harm.Today their leadership -- and the prosecutor who's criminal case against two El Paso agents is the catalyst for this hearing -- will sit in those leather seats, drink from those crystal glasses then explain the ramifications of a case that -- at its apex -- has led to calls for a Presidential pardon.BLOG ENTRY #2 (1007am)Senator John Cornyn of Texas is the top Republican seated today on this Senate Judiciary Committee. His state is home to agents Compean and Ramos -- and to this ballooning controversyCornyn is speaking from the Senator's table beneath eight bright lights, which are set up to better color the hearing room for the 3 TV broadcast cameras set up in the back of the room.Sen Cornyn began his introductory remarks by questioning whether the convictions of Compean and Ramos were properly handled in all stages by the US Department of Justice. Unlike some his more vociferous counterparts in the US House, Sen Cornyn did not -- and has not -- demanded the release of the agents. But he has continually called for more review of the circumstances surrounding the criminal case.BLOG ENTRY #3. (10:21am)Rep Duncan Hunter, a Republican from Southern California and a longshot Presidential candidate in 2008 is one of those "more vociferous" House members. A few moments ago, he began his testimony and called the prosecution a "great injustice". Rep Hunter said, "The sentences are extremely unjust. The credibility of the (star) witness, the drug dealer (is in question)".Rep. Hunter, whose voice is undergoing a crescendo as his testimony continutes, just detailed his experience with the case. He said he read all of the police, court, and prosecutor documents. He said federal investigators failed to thoroughly investigate whether the illegal immigrant involved was armed at the time of the incident. He then added, "I've never seen a case that more called out for a pardon or commutation.".Rep. Hunter, who has made the issue of illegal immigration a key tenet of his Presidential campaign, then argued that the two agents faced physical risk inside their prison cells, because of their status as border agents. As a longtime former House Committee Chairman, Rep Hunter is familiar with the customs of these hearings. He's making good eye contact with the Senators and he's reluctant to rely on his written notes.BLOG ENTRY #3 - 1032amRep. Dana Rohrbacher, also of California, just began his testimony - and caused an audible stir in the room when he raised his voice and said the agents are "now beginning their 180th day in solitary confinement!". Rep Rohrbacher said Ramos and Compean, who were also prosecuted for trying to cover up the shooting "didn't do their laborious paperwork (correctly). It was a wrong decision on their part." They shoukd have been reprimanded, not prosecuted for a felony, he added. Rep. Rohrbacher who's tightly clenching a green, vinyl folder in his right hand, said the prosecutor has "continually" understated the threat posed to the agents by the illegal immigrant.BLOG ENTRY #4 - (1039am eastern time)"The Ramos and Compean case is the worst miscarriage of justice in my 30 years in Washington," Rep. Rohrbacher just said. He was reading the line from his thick stack of notes, but he punctuated his statement by emphasizing the word "miscarriage". He then questioned how Scooter Libby could receive a Presidential commutation, while the calls for clemency for Agents Compean and Ramos have gone unanswered.The Chair of the Committee, California Democrat Dianne Feinstein, declined to ask either Congressmen Hunter or Rohrbacher any questions. As House members, both men asked to be excused to tend to votes and hearings on the other side of the US Capitol.The 2nd panel of witnesses has now been seated. It includes TJ Bonner, a top border agent union official who is often quoted in news stories about the Border Patrol. Ramos' appellate attroney, David Botsford, is also seated. So too is the Deputy Chief of the US Customs and Border Protection Border Patrol division. All are wearing the customary attire for this setting - two-piece suits and colorful ties. (Bonner has also added a US flag pin on his left lapel)Bonner began his remarks by questioning 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 Agent Ramos, was unarmed on February 17, 2005 while smiggling more than a million dollars worth of marijuana into the United States," Bonner testified.1049a"The ramifications of this case (will be felt) by the Border Patrol," Bonner said. He then added an anecdote about a former border patrol recruit who eventually declined joining and said "You have to be crazy to join this outfit, because you eat your own.".Bonner has just asked the Senate to appoint an independent counsel to review the case.BLOG ENTRY #5 -(1051am)51 minutes later - we finally hear the other side of the story.Luis Barker, Deputy Chief of the US Customs and Border Protection, is now speaking. (Both Chairman Feinstein and Oklahoma Republican Senator Tom Coburn are jotting down notes as Barker speaks.)Barker testified, "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, who is gradually building his remarks into a defense of the agency's handling of the case and suspension of the agents, just said, "It saddens me because hd the two agents behaved with the integrity and honor that we instill, following procedure, disclosing the shooting, the results might have different."Barker then added, "These agents destroyed evidence, filed an incomplete report in an effort to keep this shooting from leadership."Chairman Feinstein just interrupted Barker to ask him to promptly conclude his remarks, because he has overrun his allotted time. (Barker is the first of the witnesses to have been interrupted today.) He agreed to do so and asked to read "just three more" sentences.BLOG ENTRY #6 -- 1059am eastern timeDavid Botsford, an appellate attorney whose office sits on West Avenue near the Texas state capitol, is now testifying. Botsford is now representing Ramos in the appeals process.Botsford is claiming that the prosecutor erred in the making the immunoty agreement with Davila, the illegal immigrant. He said Davila "broached" that agreement in subsequent conversations and actions in Mexico.Botsford, after briefly pausing, looked up from his notes and made eye contact with Senator Cornyn. He then recalled a recent El Paso Times article, in which Davila is quoted as saying the prison sentences against Compean and Ramos were "too harsh". (Sen. Cornyn's reaction? He did not change his facial expression and simply returned the pen cap on to his pen.)BLOG ENTRY #7 - 11:14 eastern timeIt's becoming clear that TJ Bonner, the border agent union leader, is quite accustomed to testifying in court. He just mistakenly referred to Senator Feinstein as "your honor". The error elicited chuckles, the first moment of levity here today, from the Senators. Bonner eventually claimed the prosecutor prevented the jury from hearing important facts of the case by constructring an unfair, inappropriate "immunity agreement" for Davila.Bonner added, "If they had a good-faith belief that Davila had a gun, the law enforcement officials" should be able to use their firearm. He just said "prosecuting" them for doing so sends a dangerous message to the law enforcement community.BLOG ENTRY #8 - 1123a eastern timeSome interesting exchanges from a Senator who just took his seat at the long, elevated, wooden table for Senators hear in the Dirksen hearing room."A police officer is not allowed to shoot someone who is fleeing, if that person is no threat," said Alabama Senator Jeff Sessions. Sen. Sessions is questioning why agents Compean and Ramos should be allowed to do so, if in fact Davila was fleeing and unarmed. (Davila was wounded in the buttocks while running away). Bonner sat up in his chair then responded that the agents believed that Davila *was* armed and still posed a threat.Sen Sessions then belied the cynicism of his previous question by saying the "punishment was excessive (for the agents". But he just added another point, "we can't jusr have border agents going around and shooting people.". Sen Session says he's "heartbroken" by the case and unsure of the proper steps to be taken next.BLOG ENTRY #9 - 1138am eastern timeDon't look for any major rules changes in lieu of the Compean and Ramos case.Luis Barker, the Deputy Chief of the Border Patrol just said, "I can't think of any policies that need to be changed. Yes, I agree, the punishment was disproportionate, but the system worked," said Barker.Under questioning from Oklahoma's junior Senator Tom Coburn, Barker just added, "there is nothing that has been said so far that (Compean and Ramos actions with their paperwork) was an accident."One aside: a crowd is now forming in the back of the room. It includes several uniformed members of the Border Patrol, including its #1 official - Chief David Aguilar. I also recognize some of the relatives of the two agents, including one of their wives.This room is at capacity. Those who've chosen to come late are without a seat.BLOG ENTRY #10 - 1144am eastern timeThe prosecutor speaksFor those of us covering the Compean and Ramos case in Washington, US Attorney Johnny Sutton has been a voice on the other end of the phone.Today - we see him face to face. Sutton, the top federal prosecutor in West Texas, is about to testify in front of 4 US Senators who've already, repeatedly, criticized his work today.Sutton just began his testimony. He said, "When lawmen break the law we must hold them to account.".Sutton recounted the facts of the case, as were spelled out during the court case. He read slowly and delberately from a stack of papers piled next to his black-on-white name tag on the green-felt covered witness table.Occasionally he paused from the listing of events to defend his motives. "I do not take the prosecution of law enforcement officers lightly."1149am"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," Sutton added.BLOG ENTRY #11 - 11:55amDavid Aguilar, the Chief ot the US Border Patrol just told Senators that violence against border agents is increasing. (He said there were 11 assaults against agents over a 4 day period last week)Aguliar -- who is dressed in his formal, olive green uniform -- is detailing the frequency of the use of deadly force in the Border Patrol. He just testified that there have 116 uses of deadly force since February 2005. Though, he said, only 13 assailants died because of it.Aguilar steered clear of addressing the appropriateness or inappropriateness of the prison sentences for Compean and Ramos. He said his job must be apolitical. Then he added, "this incident did happen, an allegation was made, an investigation was initiated, the case was tried in a court of law, a jury found (them) guilty, and they were sentenced by a judge. Our justice system performed their duty."BLOG ENTRY #12 - 1201p eastern timeSenator Feinstein is leaning forward in her seat as she questions Johnny Sutton. (Most of the protests over this case from Ramos and Compean's supporters has been directed at Sutton). Sen Feinstein just revealed a blockbuster. She says she's 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 refused to comment on any plea bargains, but said the two agents had 4 very capable attorneys who represented them well at trial.BLOG ENTRY #13 - 12:08pm eastern timeSen Feinstein just asked whether the jury knew the potential length of the sentences for the agents before their deliberations. Sutton's response of "no" drew a murmur from the crowd here today. Some of the agents' relatives, who are seated behind the witnesses, were shaking their heads "no" simultaneously.Sutton then added that he "hates" to give immunity ito witnesses in cases. But he said he didn't hate giving it to Davila because Sutton said it wouldve been very difficult to make and prove a criminal case against Davila. 12:19pmSutton is now sitting forward in his seay, with his elbows planted firmly on the witness table. He's listening to Sen. Cornyn talk about the need to increase the size and resources of the US Attorneys office and the Border Patrol to better confront the growing tide of illegal immigrants into the El Paso area. Sutton gave a slot nod then fiddled with a ring on his left ringfingerIt was a brief reprieve for Sutton who has been blistered with questions about the fairness of his prosecution. Moments ago, when Sen Feinstein questioned whether agent Compean was on the ground at the time of the shooting, Sutton said "no" then slowly detailed the sequence of events surrounding the shooting. Sutton said it's difficult to have discussions and debates about evidence in the case in such a brief period of time. Sutton said prosecutors spent more than 2 weeks spelling out the evidence to the Texas jury.Blog entry #14 - 1228pAfter another barrage of questions, Sutton, the US attorney for the El Paso area, 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 then apologized for his "passion and emotion" while testifying. He said his team of attorneys have "taken a beating" over this case.Later, after a question from Oklahoma's Tom Coburn, Sutton said his case sets a good precedent by showing that law enforcement must operate within its parameters.Then, Sutton shared a juicy piece of information for those in the El Paso area. He said many - if not most - marijuana dealers operating in and near El Paso do not carry guns.1246pThe hearing is nearing its close. I'm going to begin jockeying for position to interview some of today's witnesses. I want you to hear them answer some of the questions that weren't asked today during the hearingWatch for our full report tonight - including reaction from the wives of Compean and Ramos - tonight on KFOX News at Nine.
Previous Stories:
- March 23, 2007: Congress Probing Border Case
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