Local defense attorneys allege El Paso police officers planted evidence on a man they arrested during a traffic stop. Controversial police dash-cam video of the arrest has circulated the Internet. But those who view the video have opposing views on what actually is occurring. 

Thirty-six-year-old Ernesto Burciaga is behind bars for cocaine possession and faces possible deportation. 
At an evidentiary hearing held Monday morning at the El Paso County Courthouse, Burciaga's lawyer asked for a continuance so that the FBI can enhance the police dash-cam video. 

Burciaga's attorney, James Lucas, said he believes the video will exonerate his client. 

It could take several weeks before the FBI completes the enhancement. Burciaga did not appear in court today. 

"It's been hard. It's been really really hard. It's not justice to have a person like him in the place they have him. He doesn't deserve it," said Burciaga's wife, Mirna Burciaga. 

"I watch the video, how they treated him, how they arrested him. I have no confidence in the police. They did not act professionally," she added. 
The DA's office calls the claims "meritless." 

The accusations stem from a Dec. 24, 2009 arrest in the Lower Valley, when two El Paso police officers arrested then 33-year-old Ernesto Burciaga for throwing what appeared to be a bag of cocaine. 

Officers Victor Almanza and Benito Madrid can be seen pulling over Burciaga, arresting him and searching his vehicle. 

But local defense attorneys tell KFOX14 that's not what they see in the video evidence. 

"It shows that the officers dropped a baggie in the middle of the road, picked it up and placed it in the car," said Mario Gonzalez, criminal defense attorney. 

"It doesn't make any sense, it doesn't add up," said Jim Jopling, an attorney with the police union. He is advising the two officers in the case. 

"These are police officers that are good, upstanding police officers. I think that the defendant in this case, Mr. Burciaga is trying to cast them in a bad light based upon a video they say raise questions. I don't think they are going to succeed because these officers are standup guys, they did a good job and they stand by their work," said Jopling. 

In separate affidavits, both officers deny any wrongdoing. 

"The only items I placed in (the) driver's side visor were papers that had fallen from the visor. I simply placed them back where I found them," said Almanza. 

"After Mr. Burciaga tossed the baggie, I picked it up. I did not place it there," said Madrid. 

But Jopling agrees a first-time viewer of the video might question it. 

The video quality makes it hard to tell if the white image is a cocaine bag, a piece of paper or the light from the officer's flashlight. 

"I think when you initially look at the video, especially if it's something you're not used to looking at, you see something. You see a trick of the light. That makes you think 'wow, I think what they're saying might be true.' But once you look at the video, if you know police procedure there is a logical explanation for everything in that video," said Jopling. 

Lawyers also said Burciaga, who is not a U.S citizen but was a legal resident, received ineffective council when his court-appointed attorney failed to notify him of the dash-cam video and told him if he pleaded guilty, he would receive a lighter sentence of probation and not be deported. 

"Pleading him guilty to a felony means automatic deportation. So this is the kind of case that should have gone to a jury trial and should never have pleaded guilty," said local attorney Stuart Lead. 

Burciaga's wife is a U.S. citizen, and so are his four children. Lawyers say he would never have agreed to a plea deal if it meant he would be deported. 

"My husband was a father who used to take the kids to school. He knew how they were doing in school and he would take them to sports. Now they've gone 13 months without any of that. They don't have their father," said Mirna Burciaga. 

But the DA's office counters the claims with court documents, in which the court asks if Burciaga understands by pleading guilty he could and most likely will be deported and never become a naturalized citizen and Burciaga responds, "Yes." 

Burciaga has been incarcerated for nearly 14 months and is currently being held at an ICE detention center. 

Mirna Burciaga said it has been a nightmare and doesn't trust the Police Department. "I do not trust them. We have not given any interviews because we do not trust law enforcement," said Mirna Burciaga. 

"My kids need their father and have been going through a very hard time," she said. 

She said her husband was told if he plead guilty to a lesser charge, he would only receive a sentence of probation. 

They maintain his innocence and said Burciaga has not seen the dash-cam video. 

Relatives said there are a few suspicious aspects of the video. 

Burciaga is patted down and searched twice by officers, and it takes the officers 23 minutes to search and re-search the car. Officers fidgeted with the driver's visor at least three times. 

As for the officers accused in the case, Mirna Burciaga said, "I hope they have kids and someday understand what I'm feeling." 

"We are aware that Mr. Burciaga pleaded guilty and he is trying to change plea to avoid being deported. We will let the criminal justice system takes its course," said police Officer Darrel Petry, public information officer. 

"I'm expecting to see the truth finally come out about this case," said Lead. 

On June 15th in Immigration Court, a federal judge ruled not to deport Burciaga. 

However, Burciaga's lawyer, James Lucas, tells KFOX14 he is still in the detention center because the DA is appealing that decision. 

Mirna Burciaga is optimistic the video enhancement will vindicate her husband. "I hope the video shows the proof. I hope there is justice. Honor what they said, they're supposed to be honest and take care of people. I just want there to be justice and honesty," she said. 

Dash Cam Video:

http://www.youtube.com/watch?v=XOF8hmCazDQ