At Least This Agent Won a Reversal, But it Should Never Have Come to This

For once, we get some good news on the illegal immigration front via the Post Chronicle and the Washington Post, but as usual, it's all relative. Border Patrol Agent David Sipe was railroaded into a conviction in 2001 for violating the "civil rights" of an illegal immigrant due to "excessive force" in much the same way as Agents Ignacio Ramos and Jose Compean were last year. Fortunately for him, investigation into Sipe's case revealed numerous incidents of prosecutorial misconduct, and a new trial was ordered, where the jury deliberated less than an hour before acquitting him. In case the links stop working at some point, I've reposted the entire stories below, but the Post Chronicle has it exactly right.

The Bush Administration's record on fighting illegal immigration is awful, its Justice Department seems to be a wholly owned subsidiary of Mexico, and its constant persecution of Border Patrol agents for doing their jobs is downright scary. I don't know how they get a single Border Patrol Agent to sign on for the job, much less stick around when it's demonstrated at every turn that the word of illegal immigrant lawbreakers, drug smugglers, and worse is to be believed over theirs, but also that our government REWARDS these lawbreakers to induce them to put hardworking members of U.S. law enforcement in jail. A pox every last open borders zealot who helped these witch hunts happen, and may God and their attorneys be with these brave lawmen, because aside from supporters like myself and a few good lawmakers, apparently no on else is or will be...oh, and by the way, pardon my language, but FU*K Mexico! They are not our friends and should recognize that their squalid, corrupt, Third World craphole of a country exists at our pleasure. Since they've apparently forgotten what happens when Mexico attacks and invades America (think Mexican-American War), perhaps they could use a refresher lesson.

Post Chronicle

Selling A Border Patrol Agent Down The River
By Sher Zieve
Mar 6, 2007

"Just when we-the-people thought that the US government's continued persecutions of our US Border Patrol Agents -- for doing their respective jobs -- couldn't get much worse, it did.

Although DHS Inspector General Richard L. Skinner recently admitted to Congress that he and his Agents had lied in their provision of evidence against USBP Agents Compean and Ramos, the officers still remain in federal prison -- a prison in which Agent Ramos was released into the prison's general population and then beaten within an inch of his life via a "hit" fomented by incarcerated illegals. And, even though Texas Deputy Sheriff Gilmer Hernandez was protecting his life when he fired on a human trafficking coyote who was attempting to run him down with his van, Gilmer was still convicted and sentenced to prison.

However, the latest reported attempt of the US government-using corrupt means in its attempt to prosecute a USBP Agent for protecting our border against illegals-was thwarted. Former USBP Agent David Sipe was convicted and sentenced in 2001 for using "excessive force" in his 2000 arrest of illegal alien coyote Jose Guevara. During Sipe's trial before US District Judge Ricardo Hinojosa, US Attorney Mervyn Mosbacker Jr. prosecuted the case and gained a conviction against the agent. But, in Sipe's appeal it was discovered that the government's prosecutor had not only withheld evidence that would have been advantageous to the defense but had given Mexican national Guevara (and two other illegals) a veritable boatload of perks for their testimonies against Sipe.

The Washington Times reported that during Sipe's appeal process, it was revealed that Prosecutor Mosbacker had suppressed his office's offers to Guevara and the two other illegals of: "Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses and free use of government phones." Mosbacker and his office were found to have lied to the court when they presented a written affidavit advising that no promises or advantages were given to the illegals. Subsequently, the appeals court found that:

"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. That was not true. They were essentially given all, and more, of the benefits they were arrested for trying to obtain illegally -- benefits so valuable that they took great risks to obtain them by crossing the border illegally."

The lower court's ruling was overturned and Sipe was acquitted on 26 January. At least Sipe's case actually resulted in justice served. But, other USBP Agents and law enforcement officers are still under fire from the government or are in jail-again, for doing their jobs and/or trying to protect their very lives.

I have long been an active supporter of the Bush Administration, with regards to its fighting Islamic terrorism and the outstanding job it has done for our still-booming economy. But, its pro-illegal stance on immigration is unfathomable. That is unless it's tied to the burgeoning North American Alliance; an alliance that would strip the USA of its sovereignty.

If these ongoing trials and convictions of law enforcement continue to be based upon lies and "misrepresentations" from our own governmental prosecutors, what chance do actual US citizens have against those who place illegal aliens above legal citizens of the United States of America? The chilling answer is none."


Washington Post

U.S. 'rewarded' alien for his testimony
By Jerry Seper
THE WASHINGTON TIMES
February 19, 2007

"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. "They were essentially given all, and more, of the benefits they were arrested for trying to obtain illegally benefits so valuable that they took great risks to obtain them by crossing the border illegally," the court said.

Mr. Sipe, through his attorney, is seeking to be reinstated. Mr. Wolfe said his client was fired because of the conviction "and for no other reason, so with that conviction now gone, he ought to be able to get his job back."

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.'"

The court said that although there was evidence of Mr. Sipe's guilt, the prosecution's withholdings prevented him from exposing "significant weaknesses in the government's case at every turn."

Mr. Sipe was indicted in November 2000 for using excessive force. Before the trial began, he filed motions seeking, among other things, what benefits the government had given the aliens. The government responded by saying three aliens who would be called to testify Mr. Guevara, Nehemias Diaz and Evarado Sanchez and were allowed to remain in the United States to work pending trial, but that "no other promises or advantages" had been given. The court said the government also failed to disclose that the other two illegal aliens called to testify in exchange for immunity had been living with Mr. Guevara during the months before trial.

In 2000, Mr. Sipe was on the border near Penitas, Texas, responding to a sensor alarm when he spotted 12 to 15 illegal aliens. After ordering the group to halt, records show, Mr. Guevara, Mr. Diaz and Mr. Sanchez fled into an area of heavy reeds. Mr. Sipe said he was defending himself when he struck Mr. Guevara with a flashlight. Mr. Guevara required five stitches in his head and later won an $80,000 settlement from the government."