US attorney rewarded illegal alien for testifmony

Washington Times:

An illegal alien got a "get out of jail free card" plus U.S. legal documents and monetary compensation from federal prosecutors in exchange for his testimony against a U.S. Border Patrol agent accused of using excessive force during an arrest.
Former agent David Sipe, who was convicted and fired, recently won an acquittal at a court-ordered retrial.
A federal appeals court in Texas ordered the new trial, saying prosecutors gave the illegal alien and two others additional inducements not disclosed at the time for their testimony, including Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses and free use of government phones.
"The government stated in writing the aliens were allowed to remain and work in the United States pending trial and specified that 'no other promises or advantages' had been given," the court said. "That was not true."
Mr. Sipe, 35, of Bethany, Okla., was convicted in 2001 after a five-day jury trial in McAllen, Texas, before U.S. District Judge Ricardo Hinojosa. U.S. Attorney Mervyn Mosbacker Jr.'s office charged the agent with using excessive force and causing bodily injury in the 2000 arrest of a Mexican national, Jose Guevara.
Mr. Sipe's attorney, Jack Lamar Wolfe, sought a new trial, accusing prosecutors of "misrepresentations and nondisclosures." After a hearing, Judge Hinojosa ordered a new trial, a ruling upheld by a 5th U.S. Circuit Court of Appeals panel in Austin, Texas.
The appeals court agreed that prosecutors suppressed evidence that would have been favorable to Mr. Sipe's defense. The new trial was moved to Brownsville, Texas, before U.S. District Judge Andrew Hanen, and an acquittal was handed down Jan. 26.
The court said that in its pre-sentence report, prosecutors disclosed information to a probation officer they had not given to the defense, including evidence that the illegal aliens had received numerous benefits in exchange for their testimony.
...
In its ruling, the court also said the government failed to disclose that after Mr. Sipe's arrest and before the trial, Mr. Guevara was caught by Border Patrol agents in the company of illegal aliens, and the arresting agents released him when he displayed a card given to him by prosecutors.
"Since Guevara had been granted free passage in his deal with the government, his arrest with illegal aliens was evidence that he was a transporter, as well as evidence of the extent of the government's support accorded him in order to obtain his testimony," the court said. "As the defense termed it, Guevara was given a 'get out of jail card.' "
...
There is something wrong with the justice system when the US Attorney offices side with the criminal over law enforcement. This case is similar to the border agent case where a drug mule was given immunity for his crime in order to send border agents to prison. How many other cases like this are out there? How much harm has it done to the enforcement of our immigration laws? Where did we get so many US Attorneys with such bad prosecutorial descretion?

Comments

Popular posts from this blog

Should Republicans go ahead and add Supreme Court Justices to head off Democrats

Is the F-35 obsolete?

Apple's huge investment in US including Texas facility