May 20, 2013
Genetic copies of living people from embryos no longer science fiction
Jewz in the Newz by Nate Bloom :
The Kosher Gourmet by Cathy Pollak:
Jews Inducted into Rock Hall of Fame; Anton Yelchin co-stars in New "Trek" film; Kutcher (but not Kunis) visits Israel; Jewish TV Star Praises Jewish Rap Star
WARNING: This WALNUT CAKE WITH PRALINE FROSTING, perfect for afternoon coffee, is addicting
May 13, 2013
Rabbi Nathan Lopes Cardozo: Why the giving of the document that would permanently change the world could only be done in desolation
David G. Savage:
Church-state, literally? Supreme Court weighing public school graduation in a church
May 10, 2013
Rabbi Berel Wein: Be all that you should be
May 8, 2013
Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas
Obama administration quietly backs out of appeal over new contraceptive mandate
At Kerry-Putin meeting, US-Russia relations thaw --- a tad
The Kosher Gourmet by Leela Cyd Ross :
Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility
May 6, 2013
May 3, 2013
Kids, kittens the Same?
With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Artificial kidney offers hope to patients tethered to a dialysis machine
April 29, 2013
Poland's new Jewish museum celebrates life, doesn't revisit Holocaust
Terrorism in America: Is US missing a chance to learn from failed plots?
Boston Bomber's 'Svengali' Revealed
Tiny satellites + cellphones = cheaper 'eyes in the sky' for NASA
April 26, 2013
Clifford D. May:
Defense in the Age of Jihadist Terrorism
Sharon Palmer, R.D.:
How to feel your best -- with plenty of energy, a healthy weight and optimal mental and physical function -- without driving yourself batty
April 24, 2013
Jewish World Review
August 25, 2006
/ 1 Elul, 5766
The border patrol inquisition
Debra J. Saunders
Be a Border Patrol agent, do your job, go to prison. That's how the job must look to agents Ignacio Ramos and Jose Alonso Compean.
In February 2005, the agents tried to stop a van driven by drug smuggler Osvaldo Aldrete-Davila near the Mexico border. After a scuffle with Compean, Aldrete-Davila fled on foot. Ramos says he believes that he saw a gun which the smuggler denies. Both agents fired at Aldrete-Davila, who fell, then continued his escape across the border. After he got away, Ramos and Compean filed a report on the 743 pounds of marijuana they found in the van, but not on the gunfire. As it turns out, Ramos had shot Aldrete-Davila in the butt. A Homeland Security agent heard about the episode, went to Mexico and offered Aldrete-Davila immunity, if he testified against Ramos and Compean.
U.S. Attorney Johnny Sutton, a Bush appointee, prosecuted the agents. In March, a jury found them guilty of assault with a dangerous weapon, discharge of a firearm during a violent crime, obstructing justice, lying about the incident and willfully violating Aldrete-Davila's Fourth Amendment right to be free from illegal seizure.
Because there was gunfire, the mandatory-minimum prison sentence the agents will serve is 10 years. The U.S. Probation Office in El Paso, Texas, has recommended 20 years 20 years away from their wives and their children, and among the type of people they've put behind bars.
As for Aldrete-Davila, he faces no charges for the 743 pounds of pot. That leaves him free to carry out his plan to sue the Border Patrol that is, U.S. taxpayers for $5 million because his civil rights were violated. What a country.
Ramos, who was nominated Border Patrol Agent of the year in 2005, told the San Bernardino County Sun, "There's murderers and child rapists that are looking at less time than me."
At the heart of the prosecution is a vehicle-pursuit policy that makes absolutely no sense. As Assistant U.S. Attorney Debra Kanof explained to the Sun, "It is a violation of Border Patrol regulations to go after someone who is fleeing." It's like a no-arrest policy.
No surprise, Border Patrol agents routinely ignore the regs. As Ramos responded to Kanof: "How are we supposed to follow the Border Patrol strategy of apprehending terrorists or drug smugglers if we are not supposed to pursue fleeing people? Everybody who's breaking the law flees from us. What are we supposed to do? Do they want us to catch them or not?"
Maybe the answer is: not. T.J. Bonner, president of the agents' union, the National Border Patrol Council, believes this prosecution will discourage agents from doing their jobs. Worse, the agents go to jail, while the smuggler got immunity and an incentive ($5 million) to claim he was unarmed, which can't be verified, because he fled.
Last week, Sen. Dianne Feinstein, D-Calif., called for a Senate Judiciary Committee hearing on the case, as she fears this prosecution may represent "a serious miscarriage of justice." It does.
Sutton's office cannot comment on the case until sentencing, but referred me to a statement, that explains, "They were prosecuted because they had fired their weapons at a man who had attempted to surrender, but, while his open hands were held in the air, Agent Compean attempted to hit the man with the butt of his shotgun." Later, the agents picked up shell casings and failed to file a gunfire report.
Sutton's best point: A jury found the two agents guilty of all charges except attempted murder. As Bonner sees it, the most punishment the agents deserve is a five-day suspension for not reporting the shooting. Say, for argument's sake, that the agents were wrong to shoot at Aldrete-Davila. They were wrong to not file a report. Discipline them. Fire them, even. But don't send them to prison for decades for a bad split-second decision and failure to file a report.
If they were crooks, they would serve shorter time. Last month, a Border Patrol agent, who admitted to smuggling 100 illegal immigrants while he served on the Border Patrol, got five years. (Prosecutors had recommended three years, but in San Diego, U.S. District Judge John Houston hiked the sentence, telling the man: "You violated the sacred trust of your comrades. As a link in the chain, they depended on you.")
Compean's attorney, Maria Ramirez, told me that her client, a first-generation American, served honorably in the U.S. Navy, then worked for the Border Patrol. He had a home, now sold, a wife and two children. Another child is on the way. But in the 15 minutes after the agents saw that van, after one split-second judgment call, his life melted away: "In 15 minutes it's gone, just gone."
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment JWR contributor Debra J. Saunders's column by clicking here.
Debra J. Saunders Archives
© 2006, Creators Syndicate
Richard Z. Chesnoff
Frank J. Gaffney
Victor Davis Hanson
A. Barton Hinkle
Judge A. Napolitano
Cokie & Steve Roberts
Debra J. Saunders
J. D. Crowe
Ask Doctor K