Patterico's Pontifications

2/15/2007

DRJ Pores Through the Border Patrol Trial Transcripts — Opening Statements (Volume VI)

Filed under: Crime,General,Immigration — Patterico @ 8:56 pm



DRJ, who is summarizing the Border Patrol trial transcripts for us, had initially skipped over the opening statements in a zeal to get to the evidence. Here is DRJ’s summary of the opening statements:

Vol VI. – Opening Statements:

179-180 – Government invoked the rule (prohibiting all witnesses from remaining in the courtroom during testimony, with the exception of designated representatives. The government designated Christopher Sanchez.

Debra P. Kanof for the Government (pp 182-204):

Counsel provided a chronological narrative of what the government intended to prove in this case. Her opening statement lasted approximately 30 minutes.

She began by stating that the Border Patrol (BP) has a duty to enforce the law in a “fair and humane manner” but that did not happen on February 17, 2005. The government first learned about Osvaldo Aldrete-Davila’s claim that he had been shot by a BP agent from Rene Sanchez, a BP agent. Rene Sanchez was told this by his mother-in-law (MIL), who had learned this from her friend, the mother of Aldrete-Davila. Thereafter, Rene Sanchez talked to Aldrete-Davila, did some investigating, reported to his supervisor, and wrote a memo summarizing what he had done. The memo was provided to the Department of Homeland Security (DHS), Office of the Inspector General (OIG), and turned over to Christopher Sanchez [no relation] to investigate.

Christopher Sanchez could not find any record of a BP shooting on February 17, 2005, even though there is a BP requirement that agents report any intentional or accidental discharge of a weapon. To illustrate how strict this reporting requirement is, Kanof stated that BP agents shoot snakes “many times” out in the desert and even those shots must be reported.

Christopher Sanchez went to Juarez to meet with Aldrete-Davila but Aldrete-Davila didn’t want to talk. To induce him to talk, the government gave Aldrete-Davila “letter use immunity”:

“And basically what that means is, they promised that if he told us the truth, that nothing that he did, or nothing that he told us about what he did on that day, would be used against him. He would not be prosecuted for anything he was doing, if he was violating the laws on that day.”

During the investigation, the government got a list of all BP officers, took their weapons, and compared them to the bullet taken from Aldrete-Davila by doctors at the US military hospital. The Texas DPS tests showed the bullet came from Defendant Ramos’ gun. Christopher Sanchez’s investigations indicated Defendant Compean was the other BP agent involved in the shooting.

Ms. Kanof described the nature of Aldrete-Davila’s wounds, including injuries to his buttocks, urethra, pelvic bone, and thigh. The bullet lodged in his thigh and was removed about 3-4 weeks after the shooting.

Christopher Sanchez had difficulty getting the BP officers to cooperate in his investigation, which Ms. Kanof described as a “thin green line” similar to the thin blue line attributed to police officers – “which is, basically, law enforcement protecting each other.” Christopher Sanchez permeated this thin green line by using a proffer letter. This is not immunity, according to Ms. Kanof, but it was a promise not to prosecute if they told the truth. The government gave proffer letters to 3 BP agents and those agents will testify at the trial.

The shooting took place on February 17, 2005, around 1 PM. It was cloudy and windy. It occurred near Fabens on the levee. Ms. Kanoff apparently used an aerial photo of the area during her opening statement and pointed to these places on the photo.

The incident started when Defendant Compean radioed in a report that he was following a van near the levee. Other agents heard his report and started driving to that area. Using the aerial map, Ms. Kanof pointed to the roads and landmarks that showed where the events happened – including the levee, the levee road called Jess Harris Road, a drainage ditch called the Sierra Delta, the flat vega [plains] that abuts the Rio Grande and the US-Mexican border, and various gates along the levee road – including one gate called the CC Bills gate. The BP agents patrol this area in order to intercept illegal immigrants. The main duty of the BP is to prevent illegal immigration and, since 9/11, illegal entry by terrorists. The BP third duty is to seize illegal drugs but that is primarily the responsibility of the Drug Enforcement Agency (DEA).

Oscar Juarez, a BP agent who received a proffer letter, was on the levee road on February 17, 2005, heard Compean’s report, and saw and began to follow a van traveling on Jess Harris Road. He followed it into Fabens near where Ramos’s BP vehicle was parked, where the van stopped at the only stop light in Fabens. Juarez turned on his lights to get Aldrete-Davila to stop. Aldrete-Davila will testify that he was driving the van, that he turned around when he saw the BP vehicles and drove as fast as he could to get back to the border. Ramos and Juarez followed the van that was driven by Aldrete-Davila. Ramos rolled down his window and tapped the top of his car roof, and Juarez understood that to mean “Turn your lights off.”

The BP prohibits high-speed chases “since their primary duty is immigration – you let them go.” Supervisors don’t authorize high-speed chases. Juarez will testify that Ramos and he were chasing the van without authorization at rates that exceeded the speed limit. Juarez drops back because he has problems seeing with all the dirt. He comes upon the van stuck in a ditch on Jess Harris Road. The government will provide photos of the tire tracks where the van ended up.

Aldrete-Davila will testify he jumped out of the van and began running to the border. Ramos’s car was nearby, empty, with the driver’s door open. Juarez did not see Ramos but did see Compean directly across from Aldrete-Davila near the drainage ditch. Compean had been patrolling the levee and drainage ditch and was waiting. Juarez did not see Aldrete-Davila holding a weapon and did was not fear for his life. Compean yelled in Spanish for Aldrete-Davila to stop. Compean was holding a shotgun “at port arms” and pointed it at Aldrete-Davila as he yelled. Compean and Aldrete-Davila claim someone yelled, “Hit him, hit him” although Juarez did not recall that. Compean moved to hit Aldrete-Davila with the shotgun and slipped, falling face first. Aldrete-Davila ran off toward the river.

There are conflicting reports about what happened next. Juarez says there was no threat to anyone but he heard gunshots as he was walking back to this car. He turned and saw Compean shooting and shooting. By that time, there are 9 agents on the scene, including 2 supervisors – Richards and Arnold. Richards is upset there wasn’t more radio traffic informing him what was happening.

Arturo Vasquez was also there, and he also received a proffer letter. Vasquez says Compean asked him to help pick up the remaining 5 shell casings he had not already picked up.

In summary, the defendants failed to report what happened, destroyed evidence, and inappropriately shot Aldrete-Davila and covered up that fact.

Mary Stillinger for Defendant Ramos (pp 204-214):

Ramos does not dispute that he shot Aldrete-Ramos or that the bullet was from his gun. His actions in shooting at Aldrete-Davila were in the line of duty and it was a justified shooting:

“It was a justified shooting of a suspected drug trafficker who led authorities on a chase, who refused to follow instructions to surrender, who got into a wrestling match with a fellow agent, that is, Mr. Compean, and who brandished what appeared to be a gun.”

Everything comes down to this: Was this a justified shooting? The answer is yes. The standard is not what should have happened in hindsight but rather “the reasonableness of the agent’s belief … viewed from the perspective of the officer on the scene who may often be forced to make split-second decisions in circumstances that are tense, unpredictable, and rapidly evolving.”

On that day, Ramos heard a radio call of a suspected drug offense. He sees a van that might be involved and joins another BP agent in pursuit. The BP supervisors did not monitor the radio traffic and the pursuit as they were supposed to do, and they failed to call off the pursuit and are “anxious to wash their hands” of this fact.

The pursuit kicks up a lot of dust and it’s fast and hard to see. Ramos thinks Aldrete-Davila tried to jump the ditch “Evil Kneivel-style.” Aldrete-Davila jumps out of the van and into a deep ditch filled with stinky water and a lot of foliage. Compean is blocking Aldrete-Davila’s escape. Ramos and Compean both yell at him to stop but he doesn’t. Ramos pulls his weapon and waits, reluctant to go down into the ditch. Aldrete-Davila keeps running so Ramos holsters his weapon and follows him into the ditch. By this time, other agents have arrived but only Ramos goes into the ditch to help Compean. He hears gunfire but he can’t see because the ditch is deep. Ramos goes to Compean to see if he is okay, and he is. He’s watching Aldrete-Davila run and sees him “turn around with something shiny in his hand, that he believes is a weapon, and Agent Ramos takes a shot at him and, apparently, hits him.” Ramos doesn’t know he shot Aldrete-Davila. He never saw him fall down. He saw him cross the river and later get picked up by people that appear to be there to pick him up.

The medical evidence will show that Aldrete-Davila was shot at an angle that is not consistent with getting shot in the back. It’s “more consistent with someone who is partially turned around to shoot.”

Ramos never did anything to cover this up.

Aldrete-Davila got a lawyer and filed a $5M lawsuit against the US government so he has a motive to color his testimony. He lied to the investigators in this case. Aldrete-Davila and other witnesses have been given immunity so they cannot be prosecuted.

Maria B. Ramirez for Defendant Compean (pp 214- ):

Compean tried to enforce the laws fairly and humanely. He was in the Navy and joined the Border Patrol 6 years ago to continue his career in law enforcement. He is 29 years old and married.

This occurred in an area that has 3 distinctive features – a ditch, a raised levee, and a flat area that separates the levee from the Rio Grande called the vega.

Compean believed he saw a van loaded with marijuana so he called in a 10-46 – illegal drug trafficking activity. Other agents joined in the pursuit and Compean waited at the levee. The van was not trying to turn. It was heading for the ditch if it had not stopped. Aldrete-Davila jumped out while the van was still moving and was confronted by Compean. The area is desolate and there are few homes and no fences. Compean yelled at Aldrete-Davila to stop but he didn’t. Compean feared for his life and tried to stop Aldrete-Davila. As he tried to stop Aldrete-Davila, Compean slipped and fell. Aldrete-Davila went around Compean, over the levee and onto the vega toward the Rio Grande River.

Other than Compean, Ramos, and Aldrete-Davila, no one else was in a position to see what happened. Aldrete-Davila has a reason to lie – he has an immunity agreement from the US Attorney but not from the government.

[Objection based on the pending motion in limine and bench conference when counsel discussed the subject of marijuana in the van. General reference to drug trafficking allowed but the court refused to allow further discussion on marijuana at this time.]

Aldrete-Davila’s actions on that day caused Compean to be in fear and reasonably believe he was in danger. Compean shot at Aldrete-Davila based on a reasonable fear for his safety.

There were many BP agents there that day and no one reported what happened. There were 2 supervisors there, Richards and Arnold, and Richards wanted Compean not to report what happened that day because it would mean a lot of paperwork.

Compean did pick up his casings that day,although some may still be there, but his intent was not to corrupt or obstruct.

Aldrete-Davila was not shot through the back. He was shot at an angle.

The stories the attorneys have told are different. Listen to the witnesses in deciding the truth. Violating policies is not the same as breaking the law. Compean did not break the law.

[END OF OPENING STATEMENTS.]

9 Responses to “DRJ Pores Through the Border Patrol Trial Transcripts — Opening Statements (Volume VI)”

  1. Well,

    That was all the jury probably needed to hear….

    Its interesting to note that representative Ted Poe a former Harris county Prosecutor and a district Judge made the following comment about these transcripts:

    “they (the transcripts) don’t prove anything, its whats not in the transcripts”

    And the saga goes on and on

    EricPWJohnson (405d78)

  2. “they (the transcripts) don’t prove anything, its whats not in the transcripts”

    It does speak volumes don’t it?

    I’m still readin and enjoyn the ride here.

    So far it continues to smell like some of the ditch bottoms where it happened.

    Thanks guys and keep it up!

    TC (b48fdd)

  3. 179-180 – Government invoked the rule (prohibiting all witnesses from remaining in the courtroom during testimony, with the exception of designated representatives. The government designated Christopher Sanchez.

    C.Sanchez is Davila’s coach. How nice that he could continue to coach Davila even during the trial.

    When Davila is asked if he spent any time with C.Sanchez at the courthouse, he lies and says no, that he has a different agent assigned to him.

    When he is confronted with the fact that he was seen with C.Sanchez during the breaks, he admits that “we went to the bathroom”.

    Stillinger doesn’t ask where the agent assigned to him is when Sanchez and Davila are together.

    ( vol 8 pg.73 12-25 )

    J Curtis (d21251)

  4. Let’s backtrack a bit and go to Rene Sanchez’s testimony which is included in this same transcript (I believe). He testified that he had not seen Davila since he was 15-16 years old, but on cross admitted that he had seen Davila, while visiting another friend, in 2004 AT DAVILA’S MOTHER’S HOME. He also stated that he had been a chamberlain (chamberlanes) at Davila’s sister’s quinceanera. For those readers who do not know what a quinceanera is I will explain: it is a coming out ceremony for the daughter of a Hispanic family who has reached 15 years of age. Celebrated as her transition from childhood to adulthood and is an acknowledgement of her status as a woman who is of marriage age. Much like a bride’s bouquet, a quinceanera doll is throw to the younger girls at the ceremony indicating that as a woman, she no longer needs dolls.
    Chamberlanes are chosen very carefully. These are young men, of like age, who are immediate family members, sons of close friends and family, and boys who are friends of the brother’s of the quinceanera girl who are juged to be of good repute. It is not a position that is taken, or given, lightly.
    Having attended a number of quinceaneras, the chamberlains are important positions.
    The reason I bring this up is because Rene Sanchez was a chamberlain to Davila’s sister’s quinceaneras. So his involvement with Davila’s family was more than just casual.
    R. Sanchez also testified that he was unaware of his MIL’s transporting Davila to the military medical center. I find this extremely hard to swallow. Hispanic families are extremely tight. So we are to believe that R. Sanchez finds Davila through his MIL, makes arrangements for Davila to talk with C. Sanchez of DHS and then has no knowledge of his MIL taking Davila for medical treatment?
    Neither the prosecuting attorney or the defense attornies touched on this. I find it negligent on the part of the defense not to explain the relationship involved in chosing a chamberlain or questioning R. Sanchez about why he expected the jury to believe that he was unaware of the actions of his MIL when he was so involved in this investigation since R. Sanchez is obviously not just a casual acquaintence of the Davila family. He could not have been chosen because of the friendship between his MIL/Davila family since he obviously was not married at the time.

    I think it is also important to note that R. Sanchez denied finding Davila an attorney to sue the goverment and also denied that he advised Davila he could sue for medical expenses. This witness should have been impeached by the defense.

    retire05 (8536d6)

  5. It was stated during the trial that R.Sanchez was life long friends with Davila’s older brother.

    I mean, let’s face it, they are all part of the same “family”. They are a drug cartel and they have infiltrated the border patrol and other agencies. They’ve been cozying up to Bush for years and vice versa.

    As for incompetence of the defense; there is no way the judge would allow the kind of probing you are talking about. Cardone has “George W. Bush” tattooed on her ass. Anyone who thinks this case wasn’t a top priority for the big guy is deluding themselves.

    J Curtis (d21251)

  6. Note that C. Sanchez testified in Volume 7, pp 30-31, that he learned of an unreported discharge of a gun at Fabens where an agent shot at a snake. Compare that with the careful language in Ms. Kanoff’s Opening Statement (at p 187):

    Many times agencies shoot snakes out in the desert. They’ve got to report it. If they shoot a person, they have to report it. And I think the policy will show that.

    I think it’s interesting that Ms. Kanoff specifically mentioned that the shooting of snakes must be reported but failed to mention that she knew of a case where that didn’t happen. Her statement was true but arguably misleading.

    DRJ (605076)

  7. 6

    I think this is a stretch, when you state a rule you are not making a claim that it is universally obeyed. Now perhaps if there is evidence she knew that shooting of snakes is never reported you could make the case that she was being misleading.

    James B. Shearer (fc887e)

  8. I say those border patrol agents should be given full pardons and that drug smuggler should be sent to prison for life

    krazy kagu (6b296a)

  9. […] DRJ Pores Through the Border Patrol Trial Transcripts — Opening Statements (Volume VI)Tancredo Urges Support for Border Patrol Agents On Representative and Presidential candidate Tom Tancredo’s website, there’s a way you can send a message to Border Patrol Agent Nacho Ramos. He is the agent who was beaten mercilessly, as John Walsh of “America’s Most Wanted” notes, by 4-5 illegal aliens serving time in the same prison. Here’s the YouTube video by Representative Tancredo on the issue and how a word from you to our agents will make the world of difference for their morale. […]

    Headline Summaries: Border Security at Traction Control (2d8ea5)


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