Pardons for Ramos and Compean are bring considered at DOJ

In the last two months of the Bush administration, the Department of Justice (DOJ) is considering whether to recommend pardons for two former Border Patrol agents, each jailed for more than a decade after shooting a Mexican drug smuggler in the buttocks.

The cases of Ignacio Ramos and Jose Compean are now before the DOJ’s Pardon Attorney Donald Rodgers, who works in consultation with the attorney general’s office to assist the president. The president has sole power of clemency in federal cases under the Constitution, and will make the decision, no matter what the Office of Pardon Attorney recommends.

This month, U.S. Border Control members have mailed over 100,000 postcards to President Bush, telling him that he should pardon the two decorated Border agents immediately, and that their imprisonment is a stain on his legacy.

You can help build pressure for pardoning the two by sending an email alert demanding a pardon. Visit (www.usbc.org) and go to the Legislation Action Center or click on this link to go directly to the email to send to the Presdent.

Both the House and Senate have held hearings investigating the prosecution of the agents, and numerous members of Congress have called on President Bush to pardon the two men.

Federal judge delivers setback to campaign to free Ramaos and Compean

A federal judge in El Paso, Texas has resentenced former Border Patrol agent Jose Compean to 12 years in prison for his conviction on charges of using a weapon in the commission of a felony and other charges.

Compean, along with former agent Ignacio Ramos, was convicted in 2006 of shooting admitted and now convicted Mexican drug smuggler Osvaldo Adlrete Davila and trying to cover up the incident. The two men argued during their trials that they shot Aldrete, whom they believed was armed, in self defense. Aldrete denied having a weapon the day he was shot.

The 5th Circuit U.S. Court of Appeals in New Orleans prompted this week's new sentencing hearing. Lawyers for Compean said they are also asking the U.S. Supreme Court to review the case. The two former agents have been in prison since January 2007.

The case against the two prompted a massive outcry from supporters of the former agents who argued that U.S. Attorney Johnny Sutton should have focused his office's efforts on prosecuting illegal immigrant Osvaldo Aldrete Davila for his drug-smuggling activities. Several supporters, including members of Congress, have asked President Bush to pardon the men, or at least commute their sentences.

Aldrete, who admitted smuggling several hundred pounds of marijuana on the day he was shot in 2005, pleaded guilty earlier this year to drug charges related to two smuggling attempts several months after he was shot in the buttocks while running away from Ramos and Compean. The same federal judge who sentenced the former agents ordered Aldrete to serve 9 1/2 years in prison.

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.