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BP Agent killed in Yuma Sector
FOBP is saddened to report the death of Senior Patrol Agent Luis Aguilar of the Yuma USBP Sector who was killed in the line of duty on January 19, 2008. Agent Aguilar was struck by a vehicle while laying a spike strip during the pursuit of a suspected narcotics smuggler in the Imperial Sand Dunes Recreation Area near Andrade, California. The driver absconded back to Mexico.
FOBP offers our prayers and condolences to Agent Aguilar's family, and to the agents and personnel of the Border Patrol. We also want to take a moment to question the insensitive decision by the Yuma Sun's editors who published a picture of grieving agents at the incident location. FOBP will display the Memorial Badge with black ribbon in Agent Aguilar's memory through the beginning of February. We have provided the official announcement by CBP Commissioner Basham below.
Click HERE to read Commissioner Basham's official statement
America & El Paso mourn passing of Sheriff
Note: The following statement is issued by Andy Ramirez, FOBP Chairman
On behalf of FOBP, I am very saddened to report the passing of Sheriff Leo Samaniego of El Paso, Texas, which happened on December 28, 2007. Our board offers our condolences to Sheriff Samaniego's family and everyone at the El Paso's Sheriffs Office.
I first met the Sheriff while attending the Texas Border Sheriffs Coalition meeting in El Paso nearly two years ago. At the time, I was investigating a now well-known Border Patrol case. Sheriff Samaniego was one of the first law enforcement leaders who told me the government got it wrong. He said that the now infamous shooting incident was a good shoot and he believed the agents were not criminals. In knowing the Sheriff as I came to, he was never a man to speak idle words or define an incident incorrectly.
Over the time since, I came to know and respect Sheriff Samaniego as a man of profound respect for the law, unimpeachable integrity, a highly spiritual man, with unquestionable love for our nation and his family. Sheriff Samaniego was a true gentleman and example of what a leader should be. When I met many of the sheriffs my first time, I was in awe because of the reputations of Texas Sheriffs, similar to the Rangers. While his style was different than many of his contemporaries and fellow Sheriffs, you always received straight, honest talk, and were treated with respect. In private discussions you walked away keenly aware of his humility. I valued his friendship and appreciated the time I was able to share with him.
He led an office that previously was long plagued with issues as many border agencies are, and turned it into a highly respected and efficient office. In an area that has been actively investigated for issues of corruption and compromises of our national security, the El Paso County Sheriffs Office was the sole beacon of light in El Paso County where one never heard even a whisper or suggestion of impropriety. In fact, he was respected by many in Congress on both sides of the aisle as I heard from Members and staff alike. Those who witnessed him testifying before Congress at home were able to appreciate his testimony and responses to questions. Makes me all the more appreciative having shared a dais with him as a fellow witness.
He approached his illness with courage, and remained dedicated to the betterment of the community to the very end. That's a testiment to his leadership and legacy.
Sheriff Samaniego's torch was appropriately passed on to his Chief Deputy Jimmy Apodaca, also a friend and leader who has my trust and support. I am very appreciative that the County Commissioners appointed Chief Apodaca to complete the Sheriff's term, which was what Sheriff Samaniego requested of them. I know that Sheriff Apodaca will continue Sheriff Samaniego's work and legacy. El Pasoans will remain in safe hands until Sheriff Apodaca retires at the end of this year. We can only pray that the eventual successor shares that same respect and carries the Samaniego/Apodaca torch forward for the continued betterment of El Pasoans.
To the Samaniego family, Sheriff Apodaca, and the men and women who have served over the years with him and under his command, on behalf of FOBP, we share your loss and offer our prayers. The Lord has welcomed home a righteous son, and we're all better for the time shared.
Note: Click HERE to read the announcement by the El Paso County Sheriffs Office
Compean/Ramos appeal report
*Appeal Update: There is no update as to the status of the appeal. As soon as there is, we shall post it asap.
Friends of the Border Patrol was represented by Andy Ramirez, our chairman, at the U.S. vs. Compean & Ramos appellate hearing before the U.S. Fifth Circuit Court of Appeals in New Orleans Parish, LA.
"I want to thank Bob Baskett and Ed Mason for their outstanding work and effort today on behalf of Agent Jose Compean, and David Botsford for his efforts on behalf of Agent Nacho Ramos," stated Andy Ramirez, chairman.
"We first brought this case to the attention of the nation on behalf of both agents, and today we kept our word. When I first met with both agents and their families on March 23, 2006 in El Paso, TX after their conviction, I pledged to work hard, bring this case to the attention to the nation, seek Congressional investigations and oversight hearings, and secure competent counsel for the appeal," Ramirez continued.
"The neutral site appeal hearing was not going to be in a 3rd world kangaroo court in El Paso, in which the agents' trial counsels were ineffective, the government suborned perjury, and fought to protect a career drug smuggler at all cost, while supressing evidence, and with the sole exception of union official Rob Russell. Both agents were completely abandoned by their agency, while the media presented the inconsistent, ever-changing story that Johnny Sutton's office wanted told. The U.S. Constitution was trampled on by Sutton's office as well as by Judge Cardone who deprived them of their right to a fair and speedy trial as well as deprived them under color of law to a proper defense," concluded Ramirez.
The judges did their homework and the preparation showed in their questions to the U.S. Attorney's office hearing representative. According to legal experts on the 5th Circuit Court, history has shown that even when panel judges appear to favor appellants in the public hearing, often the decisions can turn out to be the complete opposite.
Here are a few highlights from the hearing, held on December 3, 2007:
"It does seem like the government overreacted here..." Presiding Judge Jolly
"This one got out of hand..." - panel judge referring to the government's case
"The government fought hard to keep (the subsequent drug load of Aldrete-Davila's) away from the jury..."
"The size of the load was important..."
"The amount indicated he was not a low-level mule..."
"It does show he was a regular drug runner"
"If I was a juror, I would want to know about the subsequent drug load more than the previous load..."
Here are the biggest points of all:
"You could have allowed the testimony, but didn't want it..." (regarding the 2nd drug load of October 2005) - stated Judge Higgenbotham, which drew this response:
"We could have applied further immunities..." - U.S. Attorney's Office
Q: "Did he violate the terms of the immunity agreement?" - Judge Higgenbotham
A: "He told some lies... " - U.S. Attorney's Office referring to the drug smuggler
Judge Higgenbotham indicated there was an "abuse of immunity" and that resulted in "Constitutional Implication"
Judge Higgenbotham also noted, "Judge misapprehended the immunity agreement..." - referring to original trial judge Kathleen Cardone.
The primary points raised during the nearly one hour hearing by Compean/Ramos' appellate counsels were: 924c charge, Aldrete-Davila's immunity agreement, and instructions to the jury by Judge Cardone.
It would appear that the court recognized the following:
Ineffective Counsel at the Feb. 2006 El Paso trial; Misapprehension of the immunity agreement by Judge Cardone; that the case as prosecuted defied common street sense; 924c charge which resulted in 10 year sentence was overreaching; and abuse of immunity by the government.
Judicial Watch Obtains Videotape of Border Patrol Sector Chief Decrying Illegal Immigration Enforcement...
Chief Carlos X. Carrillo of Laredo Sector
Click HERE for the Judicial Watch documents & video footage
* Note: For informational purposes... our chairman Andy Ramirez discussed the incident personally with Chief Carrillo at a border sheriffs coalition meeting in San Antonio, TX, and reserves the right to comment later.
Judge who suppressed info preventing proper defense for Compean & Ramos assigned doper's trial - FOBP Press Release
Osvaldo Aldrete-Davila has been assigned to the courtroom where a great miscarriage of justice took place in the form of the prosecution of Border Patrol Agents Compean and Ramos. It was in Judge Kathleen Cardone's courtroom where career drug smuggler Aldrete-Davila was able to perjure himself, withhold information in violation of his immunity agreement, and information was sealed that as it is understood would have damaged the credibility of Johnny Sutton's star witness. It is outrageous and unconscionable that this doper be assigned to Judge Cardone's court whose rulings and refusal to hold the government and doper accountable led to two agents being imprisoned regardless of Sutton's claim of the ongoing investigation against Aldrete-Davila. In fact, this court protected him at all cost.
Click HERE to read FOBP's Press Release
Agent testifies about doper Aldrete-Davila's additional loads
The day Osvaldo Aldrete Davila was shot in the buttocks while running back to Mexico in 2005 was not the last time he was chased by the Border Patrol and not the last time he delivered drugs in the United States that year, a witness said at a hearing Thursday.
Robert Holguin, a Drug Enforcement Administration special agent, testified that three men had identified Aldrete as a habitual drug smuggler.
Click HERE to read the entire article published by the El Paso Times & reporter Louie Gilot...
In custody at last - career doper & Sutton's star witness
Osvaldo Aldrete-Davila in DEA Custody at last - better late than never. Copyright: El Paso Times/AP
Johnny Sutton's indictment/statements on doper Aldrete-Davila... - NEW
Osvaldo Aldrete-Davila was arrested on November 15, 2007 in El Paso, TX at long last. DEA agents awaited the drug smuggler at the Ysleta, TX Port of Entry in El Paso. Though he has finally been indicted, as you will see in an article we're providing below as published by the Inland Valley Daily Bulletin, the information for which he was charged was known all along and was denied prosecution by Johnny Sutton's office though DEA felt there was enough to get an indictment. Keep in mind that the drug smuggler was not charged for his original Feb. 17, 2005 dope load, which was acknowledged and admitted to by him to investigators and in trial, and also recognized by Judge Cardone, which can be read on line 21, page 83 of the Vasquez Transcript from the Compean & Ramos trial.
Click HERE to read the initial arrest press release by Johnny Sutton
Click HERE to read Johnny Sutton's official statement on the arrest of Aldrete-Davila
Click HERE to read the Aldrete-Davila Indictment
Man agents shot ran drugs into U.S. after he was given immunity, DEA report says
Published by the Inland Valley Daily Bulletin - February 27, 2007
The Mexican national shot by two Border Patrol agents in a drug-related incident in February 2005 brought a second van load of drugs into the U.S. while he waited to testify against the agents, according to Drug Enforcement Administration reports obtained by the Daily Bulletin.
Osbaldo Aldrete-Davila - who was given immunity by U.S. prosecutors in exchange for testifying against former agents Ignacio Ramos and Jose Alonso Compean - is the focus of a November 2005 DEA report that identifies him as the person responsible for stashing more than 750 pounds of marijuana in a van parked at a house in Clint, Texas, in October of that year.
"(A witness) stated that Osbaldo Aldrete-Davila was the individual that dropped off the 1990 Chevy Astro van," according to the DEA document. "This van contained approximately 6 bundles of marijuana."
DEA interviews with the Clint house's owner, Cipriano Ortiz-Hernandez, led to Ortiz-Hernandez's brother, Jose Ortiz, who told DEA agents that Aldrete-Davila had moved the narcotics from Juarez to El Paso , adding that the van Aldrete-Davila was driving needed work, so he referred him to his mechanic brother, Cipriano.
"Jose Ortiz thought for a minute, and then stated that we should know Davila's identity because he is the person who was shot by Border Patrol agents six months ago," the report states.
Cipriano Ortiz-Hernandez also identified Aldrete-Davila as the van's driver after seeing a photo array, according to the DEA documents.
Aldrete-Davila was shot in the buttocks after fleeing a van filled with marijuana and running away from Border Patrol agents in a February 2005 incident near Fabens, Texas, about seven miles from Clint.
Ramos and Compean are now serving 11 and 12 years, respectively, in federal prison after being convicted in March 2006 of assault with a deadly weapon, attempting to cover up their actions, and violating Aldrete-Davila's civil rights.
Both men testified that they thought Aldrete had a gun in his hand while they were chasing him, and feared for their lives when they fired on him.
Aldrete-Davila was given immunity to testify against the agents, along with a special border crossing pass and free medical treatment at a U.S. Army medical center.
Western District of Texas U.S. Attorney Johnny Sutton, whose office prosecuted Ramos and Compean, has denied numerous times that Aldrete-Davila brought a second load of narcotics into the United States after being granted immunity.
Sutton said in a Jan. 17 "Myths vs. Reality" press release that "Aldrete has not been subsequently arrested for drug smuggling. Our office is in the business of prosecuting drug traffickers and alien smugglers ... If we had a provable case against Aldrete, we would prosecute him."
Sutton's assertion that Aldrete-Davila has not been arrested is accurate. However, an Oct. 25, 2005, DEA report shows that DEA investigators believed they had sufficient evidence to indict Aldrete-Davila, but their requests to do so were denied by prosecutors.
According to a high-level source close to the investigation, Assistant U.S. Attorney Laura Gregory was notified in October 2005 that Aldrete-Davila was being investigated by the DEA and that the agency had new evidence against him.
Gregory dismissed the warning, the source said.
Shana Jones, special assistant to Sutton, said she could not comment on Gregory's meeting with the DEA, or on the DEA documents.
"We have posted the transcript of the (agents') trial," Jones said. "We are not going to comment about matters that are under seal or are ongoing investigations."
Staff writer Sara A. Carter can be reached by e-mail at sara.carter@dailybulletin.com, or by phone at (909) 483-8552.
Johnny Sutton puts out more lies against Compean & Ramos....
Click HERE to read FBP's Rebuttal & the real facts
Ramirez Statement from Hannity & Colmes show appearance
Andy Ramirez, chairman of Friends of the Border Patrol appeared on Fox News Channel's Hannity & Colmes show to talk about his charges against U.S. Attorney Sutton Johnny Sutton that a false statement was sworn against Border Patrol Agents Compean & Ramos earlier this year regarding the March 18, 2005 ballistic report as well as the arrest warrant against the agents. Andy's official & complete statement is as follows:
On page 83 of the transcript of Agent Vasquez who was being cross-examined at the time, Judge Cardone says and I quote..."... Mr. Aldrete-Davila is not on trial. And everybody knows he's got a phone and everybody knows he was transporting the drugs, ..."
Clearly the dope was tied to the load van by Agent Compean, admitted to on the stand and to investigators by the doper, and here is recognized by Judge Cardone, while U.S. Attorney Johnny Sutton continues to lie about it.
We need a special prosecutor from the outside who is not tainted by what's going on in El Paso, and who can investigate this mess and clean it up before we place more agents lives in danger. Right now agents are afraid to draw their guns to defend themselves for fear of being prosecuted while doing their job, though facing an enemy that's armed far superior than he or she is. This case places them in grave danger, but I guess that's okay if you want willing workers, terrorists, and drugs to get across and don't mind giving a spouse a flag to an agent killed in the line of duty.
As I testified last August before Congress, the region is filled with corruption as the drug cartels have infiltrated our government. That's why you do not hear of the bloodshed in El Paso that you hear about in Nuevo Laredo, and elsewhere. The dope is successfully crossing the border, and this case only further undermines law enforcement as the dopers know they won't be prosecuted, while the Border Patrol and other law enforcement officers will, including Deputy Sheriff Gilmer Hernandez of Rock Springs, TX, who was prosecuted and convicted by Johnny Sutton's office, too.
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