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Hearing to Examine the Prosecution of Ignacio Ramos and Jose Compean

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Hearing to Examine the Prosecution of Ignacio Ramos and Jose Compean S. HRG. 110–901 HEARING TO EXAMINE THE PROSECUTION OF IGNACIO RAMOS AND JOSE COMPEAN HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION JULY 17, 2007 Serial No. J–110–47 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 53–357 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 11:24 Nov 17, 2009 Jkt 053357 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\53357.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. BIDEN, JR., Delaware ORRIN G. HATCH, Utah HERB KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California JON KYL, Arizona RUSSELL D. FEINGOLD, Wisconsin JEFF SESSIONS, Alabama CHARLES E. SCHUMER, New York LINDSEY O. GRAHAM, South Carolina RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas BENJAMIN L. CARDIN, Maryland SAM BROWNBACK, Kansas SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma BRUCE A. COHEN, Chief Counsel and Staff Director MICHAEL O’NEILL, Republican Chief Counsel and Staff Director (II) VerDate Nov 24 2008 11:24 Nov 17, 2009 Jkt 053357 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\53357.TXT SJUD1 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Coburn, Hon. Tom, a U.S. Senator from the State of Oklahoma ........................ 5 Cornyn, Hon. John, a U.S. Senator from the State of Texas ............................... 4 Feinstein, Hon. Dianne, a U.S. Senator from the State of California ................. 1 WITNESSES Aguilar, David V., Chief, Office of Border Patrol, U.S. Customs and Border Protection, Department of Homeland Security, Washington, D.C. .................. 31 Barker, Luis, Former Chief Patrol Agent, El Paso Border Patrol Sector, U.S. Customs and Border Protection, Department of Homeland Security, Washington, D.C. ................................................................................................. 14 Bonner, T.J., President, National Border Patrol Council, Campo, California .... 12 Botsford, David L., Appellate Counsel for Mr. Romos, Austin, Texas ................ 17 Hunter, Hon. Duncan, a U.S. Representative in Congress from the State of California .......................................................................................................... 6 Rohrabacher, Hon. Dana, a U.S. Representative in Congress from the State of California .......................................................................................................... 9 Sutton, Johnny, United States Attorney, Western District of Texas, San Anto- nio, Texas .............................................................................................................. 30 QUESTIONS AND ANSWERS Responses of David V. Aguilar to questions submitted by Senator Leahy ......... 56 Responses of Luis Barker to questions submitted by Senator Leahy ................. 61 Responses of T.J. Bonner to questions submitted by Senator Leahy .................. 63 Responses of David L. Botsford to questions submitted by Senators Leahy Feinstein ............................................................................................................... 68 Responses of Johnny Sutton to questions submitted by Senators Leahy and Feinstein ............................................................................................................... 78 SUBMISSIONS FOR THE RECORD Aguilar, David V., Chief, Office of Border Patrol, U.S. Customs and Border Protection, Department of Homeland Security, Washington, D.C., state- ment ...................................................................................................................... 81 Barker, Luis, Former Chief Patrol Agent, El Paso Border Patrol Sector, U.S. Customs and Border Protection, Department of Homeland Security, Washington, D.C., statement .............................................................................. 90 Baskett, Robert T., Attorney and Counselor at Law, Dallas, Texas, letter ........ 96 Bonner, T.J., President, National Border Patrol Council, Campo, California, statement .............................................................................................................. 101 Department of Homeland Security, Washington, D.C.: Skinner, Richard L., Inspecter General, April 4, 2007 letter ....................... 113 Hertling, Richard A., Acting Assistant Attorney General, April 5, 2007 ..... 118 Department of Justice, Federal Bureau of Prisons, Harley G. Lappin, Direc- tor, Washington, D.C., letter and attachments .................................................. 127 Feinstein, Hon. Dianne, a U.S. Senator from the State of California: February 8, 2007, to Michael Chertoff, letter ................................................ 137 February 8, 2007, to Alberto Gonzales, letter ................................................ 141 February 8, 2007, to Harley G. Lappin, letter ............................................... 146 Hunter, Hon. Duncan, a U.S. Representative in Congress from the State of California, statement and letters ................................................................... 149 (III) VerDate Nov 24 2008 11:24 Nov 17, 2009 Jkt 053357 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\53357.TXT SJUD1 PsN: CMORC IV Page Rohrabacher, Hon. Dana, a U.S. Representative in Congress from the State of California, statement ....................................................................................... 154 Sutton, Johnny, United States Attorney, Western District of Texas, San Anto- nio, Texas, statement and attachment ............................................................... 162 VerDate Nov 24 2008 11:24 Nov 17, 2009 Jkt 053357 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\53357.TXT SJUD1 PsN: CMORC HEARING TO EXAMINE THE PROSECUTION OF IGNACIO RAMOS AND JOSE COMPEAN TUESDAY, JULY 17, 2007 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C. The Committee met, Pursuant to notice, at 10 a.m., in room SD– 226, Dirksen Senate Office Building, Hon. Dianne Feinstein, pre- siding. Present: Senators Feinstein, Kyl, Sessions, Cornyn, and Coburn. OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Senator FEINSTEIN. This hearing will come to order. I want to welcome the witnesses. I want to state the ground rules. This is an emotional subject. I would request that everybody keep their composure at all times. This is not a hearing to judge innocence or guilt. It is a hearing to try to ascertain fact. With respect to the jurisdiction of the Senate, there are a few issues involved in this case that are within our jurisdiction. One of them is a certain law called 18 U.S.C. 924(c). Another is a policy memo of the Department of Justice which will become clear, and, of course, always limited—excuse me, negotiation for limited immu- nity with someone who has trafficked drugs. On October 19th last year, a Federal district judge in El Paso sentenced Border Patrol Agents Ignacio Ramos to 11 years and 1 day and Jose Alonso Compean to 12 years in Federal prison. The length of these sentences has raised concerns about the discretion of prosecutors in the charging of offenses and the impact of manda- tory minimums those charges carry. Today’s hearing is to explore the facts, as I said, and better un- derstand what transpired. Some of the facts that we know are not in dispute. A Mexican national named Osvaldo Aldrete Davila crossed the border illegally into El Paso, driving a van that con- tained 743 pounds of marijuana. That chart shows that 750 pounds of marijuana assembled by the Border Patrol. When Border Patrol agents started following him, Aldrete Davila turned back toward Mexico, but crashed his van and then tried to fleet on foot. Aldrete Davila was stopped. A scuffle took place. He then broke away. He was then fired upon by Agents Compean and Ramos before he finally escaped into Mexico. No written report of the shooting, as required, was made at the time by any of the Border Patrol agents. Later, when an Arizona (1) VerDate Nov 24 2008 11:24 Nov 17, 2009 Jkt 053357 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\53357.TXT SJUD1 PsN: CMORC 2 Border Patrol agent learned of the incident, he reported it to his supervisor, and an investigation was opened. A few weeks later, U.S. investigators went to Mexico and offered Aldrete Davila immunity from prosecution for his drug smuggling plus medical care in the United States if he would return to testify against Agents Ramos and Compean. Agents Ramos and Compean were arrested, and prosecutors later amended their indictment three times, adding new criminal charges each time for a total of 12 charges. Significantly, one of the charges added a firearms of- fense under U.S.C. 924(c), which carried a 10-year mandatory min- imum in addition to whatever other penalties the court would de- cide to use. The defendants were found not guilty of the most serious charge—assault with intent to commit murder—but convicted of all other counts. Agents Ramos and Compean will remain in prison for more than a decade. Their only hope is to win appeal or for the President to grant them a pardon or commute their sentences. Meanwhile, it is reported that Osvaldo Aldrete Davila has filed a civil lawsuit
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