Letters to the Editor
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Senate Judiciary Hearing Excerpts July 17
U.S. Drug Enforcement Administration (DEA) documents, which remain under seal, show that Mr. Aldrete-Davila was the focus of a drug investigation into his reported stashing of 750 pounds of marijuana at a house in Clint, Texas, in November 2005 — nine months after he was shot.
The DEA's investigative reports, according to law-enforcement authorities and others who have seen the documents, said that the owner of the house, Cipriano Ortiz-Hernandez, picked Mr. Aldrete-Davila from a photo display and that the homeowner's brother, Jose Ortiz, told agents that Mr. Aldrete-Davila brought the marijuana from Juarez, Mexico, and identified him as "the person who was shot by Border Patrol agents."
Mrs. Feinstein also questioned why the agents were charged under a federal statute setting a mandatory minimum of 10 years in prison. She said that as the law was written, it presupposes an underlying crime, adding that there was no underlying crime in the Ramos-Compean case.
She said the law needs to be clarified by Congress to prevent prosecutorial overcharging.
Ramos, 37, and Compean, 28, were sentenced in October on charges of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence and a civil rights violation. The conviction came after Mr. Aldrete-Davila was located in Mexico by Homeland Security investigators.
In the packed audience was Patty Compean and Monica Ramos, both of whom shook their heads in disagreement when their husbands were accused of being responsible for the incident.
T.J. Bonner, president of the National Border Patrol Council, which represents all 11,000 of the agency's nonsupervisory personnel, disputed government claims that the agents were prosecuted because they shot an unarmed man, covered it up, destroyed evidence and filed false reports.
"Make no mistake about it — Osbaldo Aldrete-Davila was not simply a mule as the prosecution tried to claim who was looking to earn $1,000 so he could care for his sick mother," he said. "The wrongdoing here was bringing 743 pounds of marijuana into the country ... and the person who did that was granted immunity by our federal government."