CNN — LOU DOBBS TONIGHT — Aired August 16, 2006 - 18:00 ET
LOU DOBBS, CNN ANCHOR: There is, according to many who have taken a look at the case of the two U.S. Border Patrol agents prosecuted and convicted in El Paso, Texas by the U.S. attorney there, a case in which the drug smuggler who was apprehended was given complete immunity to testify against them.
There is further evidence of great irregularities in this case, adding just more questions to a case that is confounding and frustrating to just about everyone who looks at the facts.
Our Casey Wian is in El Paso, Texas tonight. He talked with one of the jurors in the case. Her first interview on television. Casey Wian reports.
(BEGIN VIDEOTAPE)
CASEY WIAN, CNN CORRESPONDENT (voice-over): She was the last holdout on the jury that convicted Border Patrol agents Ignacio Ramos and Jose Compean of violating a Mexican drug smuggler's civil rights, assault and obstruction of justice. She doesn't want us to show her face or use her name, but she does want the public to know she doesn't believe they're guilty as charged.
UNIDENTIFIED FEMALE: I remember being in the jury room, talking with the other jury members, crying. I remember when the verdict was read. I felt like I was going to go through the floor.
WIAN: Why were you crying?
UNIDENTIFIED FEMALE: I think because I felt like I had made a decision and it was probably a wrong decision, but I had to make a decision.
WIAN (voice-over): Agents Ramos and Compean also had decisions to make during their pursuit of a Mexican drug smuggler driving a van loaded with nearly 800 pounds of marijuana. The smuggler got out of the vehicle, ignored the agent's orders to stop, and they thought he had a gun, so they fired. One shot hit the smuggler in the buttocks.
UNIDENTIFIED FEMALE: I believe them. I believe that they felt danger at the time, and that they had a split second decision to make and they felt their lives were in danger. And they felt that they had to do what they had to do.
WIAN: The juror said she felt pressured to change her vote to guilty because of an early agreement the jury made to reach a verdict no matter what.
UNIDENTIFIED FEMALE: We had been there two weeks, felt like there was a lot of time invested into the trial, and it was going to be my fault if there was a mistrial or a hung jury.
WIAN: Compean's attorney and independent legal experts say that's not likely to result in a successful appeal based on jury misconduct. The juror says she would have stood her ground had she known the agents faced 20 years in prison.
(on camera): Does this verdict still bother you today?
UNIDENTIFIED FEMALE: It does bother me. And I know now is — I haven't been able to speak about it before. I have nightmares about it. I think about their kids, their families, their wives, what they're going through, and it's just devastating.
WIAN: The juror says the worst thing she could have done was to give in to the other jurors. She's offering support to the Border Patrol agents saying she'll do anything she can to help them stay out of prison.
Casey Wian, CNN, El Paso, Texas.
(END VIDEOTAPE)
WIAN: T.J. Bonner is the president of the National Border Patrol Council, the union representing border patrolmen, joining us tonight from Houston, Texas. T.J., this case is — how would you characterize it?
T.J. BONNER, NATIONAL BORDER PATROL COUNCIL: This is a travesty, Lou. This case, as you noted, has so many irregularities, any of which standing by themselves call for an independent investigation. But when you put them together, you wonder how in the world the U.S. attorney could have went forward with the case.
DOBBS: Well, the U.S. attorney not only went forward with the case, T.J., the assistant U.S. attorney in the case, the prosecutor, actually said that — words to the effect that she thought, at one point, it is more important to prosecute law enforcement than it is drug smugglers and criminals. I mean, I don't know what we're dealing with here.
BONNER: Right, not once but twice. First time 750 pounds of marijuana smuggled across, amnesty or immunity — I'm sorry. The second time, 10 months later, another 1,000 pounds, and they — just to get the testimony of this drug smuggler, they let him off the hook for smuggling nearly a ton of marijuana into the United States? What's wrong with this U.S. Attorney's Office?
DOBBS: Well, what's wrong with the U.S. attorney's office? I've got to ask you what in the world is wrong with the U.S. Border Patrol? The head of the Border Patrol should be all over this. I mean, I cannot understand their reticence.
It looks — Congressman Poe said straightforwardly he thinks somebody is paying off the government of Mexico here. And he's talking about Washington, D.C. You start with Alberto Gonzalez at the U.S. Attorney's Office, President Bush. I mean, these are serious charges, and it smells to high heaven.
BONNER: And when you see this lack of support coming from the top, it's no wonder that morale is in the toilet, Lou.
DOBBS: Morale is in the toilet?
BONNER: Yes. I've been in for 28 years, Lou. This is the worst I've ever seen it. Agents are now afraid to go out and do their job. They're wondering, am I going to be prosecuted next?
DOBBS: We had a number of people write into this broadcast with the announcement of the Arellano-Felix arrest, the Tijuana cartel — one of the cartel leaders today by the Coast Guard, suggesting that the Coast Guardsmen be very, very careful for fear somebody will make a deal with the government of Mexico and with a deal this size, they're saying the Coast Guardsman could face capital punishment.
Why in the world did this case get this far? What is your union going to do? Why isn't there more of a show of support from your members and for other Border Patrol officers? And why isn't this Border Patrol officer who was involved with this drug dealer being questioned rather critically here?
BONNER: Very interesting questions, Lou. As to why this Border Patrol agent who was in cahoots with his childhood friend drug smuggler, why he's not being investigated? You'd have to ask the Department of Justice and the Office of Inspector General. Likewise, you need to ask them the hard questions about why this case went forward in first place.
DOBBS: Oh, I already have.
BONNER: I know. They put out a three-page statement, and now they're hiding behind that. But when you read that statement, it's all based upon the smuggler's lies. The smuggler claims he didn't have a gun. Well, of course, he's going to claim he didn't have a gun.
DOBBS: Let me ask you this. You've been checking into this. You have got some information in terms of the drug cartel working across the border from El Paso and, frankly, on this side of the border as well. Quickly tell us what you think is going on?
BONNER: Well, I'm not sure what's going — I can tell you the facts, Lou. And the facts are that these agents acted properly. They reported the shooting verbally to their supervisors. They did everything by the book, and they end up in front of a jury and they're convicted by an overzealous assistant U.S. attorney.
DOBBS: You've been told as well, have you not, that this drug smuggler, in point of fact, had been rumored to be going after the agents, Compean and Ramos?
BONNER: Yes, that's what I've been told, that he was going after them.
DOBBS: What is your best judgment about the influence and the strength and the power of the drug cartel — the Mexican drug cartel on the community itself in El Paso?
BONNER: Well, it's not just El Paso.
DOBBS: I understand, but El Paso is where the jury was and lives and it's where this case is. What's your sense of that?
BONNER: The cartels have such a tremendous reach into almost every border community, Lou. There's so much money, you can't even begin to fathom it. And, you know, they're clearly involved in this.
DOBBS: These families have been ruined just paying their legal expenses. The Border Patrol, we put up on our Web site places where they can send their money to help. Anyone concerned about these men and their families can send money. Is the Border Patrol Council, is your union, going to take care of these people?
BONNER: We are. We have set up the fund, Lou. The response from the public has been overwhelming. Today alone 350 letters of support with very generous donations, about $15,000 came in just today. People out there — and it's a shame because our tax dollars were used to prosecute these poor agents.
DOBBS: Right. T.J., there's a lot here, but I think a lot of people need to hear that you and the union that you lead are going to back these men up because they have been forsaken by a lot of people who should be supporting them with all of their strength. It is good to know you are, and that they're fighting back.
BONNER: We are backing these two fine agents to the hilt, Lou. We're not going to back down from this. We're going to ensure as long as we have any funds at all, that they do not go to prison. No matter what the bond is, we'll post that bond, keep them out of prison, fight on appeal and restore their good names.
DOBBS: T.J. Bonner, we thank you for being here. And go to LouDobbs.com for information on if you want to support these men and their families and their legal defense. The addresses and where you can send that money if you want to help is there. It's LouDobbs.com. T.J. Bonner, thank you.