Ramos-Compean appeal goes next to Supreme Court

Ignacio Ramos and Jose Compean, former Border Patrol agents convicted of shooting a drug smuggler and trying to cover it up, were denied a request for a new hearing in the 5th U.S. Circuit Court of Appeals in New Orleans. The same court upheld the men’s convictions in July.

The two former agents are serving sentences of more than 10 years for shooting Osvaldo Aldrete Davila in the buttocks while he was fleeing from an abandoned marijuana load in early 2005. Aldrete Davila was later sentenced to 9 1/2 years in prison for two separate smuggling efforts later that same year.

The National Border Patrol Council supports Agents Ramos and Compean, and is raising money to fund their appeals to the U.S. Supreme Court. "Shooting a drug smuggler who points a weapon at law enforcement officers who are attempting to arrest him is not a crime. Despite what U.S. Attorney Johnny Sutton might think, it is illegal for prosecutors to deliberately mislead the judge and jury about the ongoing criminal activities of their star witness," said the Border agents union, which is raising money for a Ramos-Compean appeal to the U.S. Supreme Court.

Ramos and Compean remain in jail, “The good guys lost this round”

The U.S. Court of Appeals for the Fifth Circuit, issuing its opinion in the case of Border Patrol agents Ignacio “Nacho” Ramos and Jose Compean, has affirmed all convictions except those for tampering with an official proceeding. The agents were convicted of charges arising from the shooting of an unarmed drug smuggler. Their sentences were increased because they were found guilty of committing a crime with a firearm.

Judge E. Grady Jolly noted, “For the most part, the trial of this case was about credibility, and although the jury could have gone either way, it chose not to believe the defendants’ version of the crucial events of February 17, 2005."

But Congressman Dana Rohrabacher quipped “The court has sided with the prosecutors who threw the book at the good guys, and the good guys have lost this round.” Republican lawmakers, conservative media personalities and critics of illegal immigration see the case as that of agents acting in self-defense against a dangerous drug smuggler who had illegally entered the U.S.

Ramos and Compean have been in prison 560 days, in solitary confinement. They still can appeal to the U.S. Supreme Court. If that fails, President Bush is the only person who could shorten their sentences. The president has shown little interest in the case.

Congressmen renew lobbying efforts for Ramos and Compean

Two California congressmen have renewed their efforts to improve conditions for two jailed border patrol agents, urging the Bureau of Prisons to move Ignacio Ramos, 37, and Jose Alonso Compean, 28, to a minimum security facility.

'If agents Ramos and Compean must continue serving their sentences, then they should be moved to a minimum security facility where they will not be threatened and under such restrictive conditions,' stated Rep. Duncan Hunter (R-Calif.).

Compean receiving a 12-year sentence and Ramos an 11-year sentence after they were convicted of assault, obstruction of justice and civil rights violations against a drug dealer who was retreating across the border.

'After 14 months of enduring the harsh conditions of solitary confinement, Director Lappin should do the right thing and exercise his authority to move the agents into more humane conditions,' stated Rep. Dana Rohrabacher (R-Calif.).'They are effectively serving a double sentence for an unjust conviction that may very well be overturned.'

Because of security threats from Hispanic inmates imprisoned with them, Compean and Ramos were segregated from the general prison population and must remain in their cells for 23 hours a day. They are not afforded basic privileges other prisoners enjoy, such as telephone use, daily showers and television access.

The congressmen noted that Harley Lappin, Bureau of Prisons director for the federal government, has visited the Phoenix facility currently housing the two agents. 'I have asked Director Lappin to review the status of agent Ramos and consider his transfer,' Hunter said. 'He assured me that he would personally meet with agent Ramos and review his situation, as well as the events that led to his incarceration.‘

Judge - prosecutors may have overreacted in Ramos, Compean case

After a hearing in New Orleans, an appeals court judge says federal prosecutors may have overreacted in their case against former border agents Ignacio Ramos and Jose Compean. The two men are serving lengthy prison sentences for shooting a fleeing drug suspect.

Judge E. Grady Jolly is one of three judges in the 5th U.S. Circuit Court of Appeals hearing the appeals. He questioned whether the two agents would have been charged if they had reported the shooting. "For some reason, this one got out of hand, it seems to me," Jolly said of the agents' prosecution. He said it seems "that the government overreacted" in the prosecution that led to a 12-year prison term for Compean and an 11-year term for Ramos.

The agents' attorneys are asking the 5th Circuit to throw out their convictions. A federal jury in El Paso convicted the Border Patrol agents of assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila near El Paso in 2005. Aldrete survived the shooting, but was arrested in November after an October indictment on various drug charges.

There's no indication when the judges will rule in the appeals. Compean attorney Bob Baskett says he's encouraged by Jolly's comments, but Ramos attorney David Botsford says he's not reading anything into the remarks.

Benefit September 8 for Ramos Family

The American Freedom Riders will hold a benefit for the family of maliciously prosecuted and imprisoned Border Patrol Agent Ignacio Ramos on Saturday, September 8 at 6:00 p.m. at the Roadrunner Saloon on New River Rd., Exit 232 . All patriots are invited to attend the party.

Roadrunner Saloon: 47801 N. Black Canyon Hwy., New River, Arizona 85087
Directions: Take I-17 N. to New River Rd. (Exit 232), head East. Take a left on Frontage Road and proceed 1/4 mile

Roger Hedgecock will emcee, and Monica Ramos and her father Joe Loya will be the guest speakers. The event will include a band, food, a raffle, and fun. Admission is $20 per peson. Proceeds will go to help Monica Ramos keep their home and make the trip from El Paso to Phoenix to visit her husband whenever she is given visitation.

Agent Ramos was transferred to Phoenix on July 20th after spending six months at Yazoo City, Mississippi where he was severely beaten by illegal aliens. He has lost 40 pounds and is in poor emotional condition as he remains in solitary confinement.

Senate hearing generates bipartisan support to free Ramos and Compean

With a firearms law designed for drug kingpins, two former Border Patrol agents, Ignacio Ramos and Jose Compean, were sentenced in 2006 to an extra decade in prison for firing their guns at a Mexican drug smuggler. At a Senate Judiciary hearing this week, senators from both parties decried the use of that provision against law enforcement officers.

The former agents are serving 11- and 12-year terms, while the smuggler remains free, having cut a deal to testify against them. Senators also vented their dismay at West Texas U.S. Attorney Johnny Sutton, a Bush appointee who has caught unrelenting grief from anti-illegal immigrant activists over his handling of the case. "This really is a case of prosecutorial overreaction," said Sen. Dianne Feinstein, the California Democrat who chaired the hearing. "This was still a drug dealer who was shot fleeing. Shot in the rear end fleeing. He wasn't an innocent person."

Rep. Silvestre Reyes, D-Tex., a 26-year Border Patrol veteran, also joined the effort this week, pressing President Bush to commute the sentences of the two. Reyes said that even though he had supported the agent's conviction, the sentence is too harsh. "This penalty levied on these agents is excessive and ... they deserve the immediate exercise of your executive clemency powers," Senators Feinstein and Cornyn wrote to the President.

Letters to the president have been a blessing for the two affected families, but Bush may not support the requests. "The president has proven with Libby that he can do whatever he wants whenever he wants," said Patty Compean, whose husband is in an Elkton, Ohio, prison. "There's no due process with him. My husband was doing his job. I don't think Libby was."

Congressman Jones response to Libby commutation: Pardon the border agents

In light of President George W. Bush’s recent commutation of I. Lewis “Scooter” Libby’s prison sentence, North Carolina Congressman Walter B. Jones has written a letter to again call on the President to pardon U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean.

“I am writing to express my deep disappointment that U.S. Border Patrol agents Ignacio Ramos and Jose Compean remain unjustly incarcerated for wounding a Mexican drug smuggler who brought 743 pounds of marijuana across our border,” Jones wrote.

“While you have spared Mr. Libby from serving even one day of his ‘excessive’ 30-month prison term, agents Ramos and Compean have already served 167 days of their 11 and 12-year prison sentences,” Jones wrote. “By attempting to apprehend an illegal alien drug smuggler, these agents were enforcing our laws, not breaking them.”

“Mr. President, it is now time to listen to the American people and members of Congress who have called upon you to pardon these agents,” Jones continued. “By granting immunity and free health care to an illegal alien drug trafficker and allowing our law enforcement officers to languish in prison – our government has told its citizens, and the world, that it does not care about protecting our borders or enforcing our laws.”

“I urge you to correct a true injustice by immediately pardoning these two law enforcement officers,” Jones concluded.