All posts in Jesus Diaz

DOJ Sticks It to Diaz Family Again

by Admin on December 20, 2011 in 2nd Amendment, Border Patrol, Crime and Border Security, Jesus Diaz, Mexican Cartel War, Obama Foreign Policy with 1 Comment

Wrongly imprisoned Border Patrol Agent Jesus Diaz

LEOAC (Law Enforcement Officers Advocates Council) was informed that the U.S. Bureau of Prisons personnel at the Federal Correctional Institution where Border Patrol Agent Jesus E. „Chito? Diaz, Jr. is serving his prison sentence (withheld for his safety) has informed him that he cannot go home to a house with a weapon. That to do so would be a violation of his probation, and that he would be returned to prison.

Diana Diaz

Agent Diaz? wife Diana is a Field Operations Supervisor Border Patrol Agent in Del Rio Border Patrol Sector (Texas) having served for 15 years. Also, Agent Diaz? brother Luis is also a Border Patrol Agent serving in the El Paso Sector (New Mexico/West Texas). They have a number of fellow law enforcement officers in their family. Agents have firearms in their possession per their duties and the dangers posed to them as federal law enforcement officers.

So at this point, Agent Diaz was informed that Diana would have to do something about her weapon. We at LEOAC fully understand why this rule would ordinarily apply to the so-called “normal convicted felon”. However, this case was a complete overreach as a prosecution, contained false allegations starting with the fact that then-juvenile narco-trafficker and illegal alien “Bernal” was labeled by the ICE Office of Professional Responsibility inves the numerous conflicting statements and outright admissions of perjury (lying) for which none of them were charged by the government unlike Agent Diaz whose story never changed and the fact that Judge Alia Moses filtered evidence during the trials heard by the jury. All of which ensured the conviction of an innocent Border Patrol Agent while the real criminals were made out to be victims and protected by the U.S. and Mexican Governments.

During the bond hearing where Agent Diaz was requesting release post-trial under bond, Judge Moses denied his request and stated that he was a “danger to the community” though as stated previously the statements used against Agent Diaz were conflicting and false on the part of his accusers. What will DOJ do next to the Diaz family? Will they not be satisfied until they have forced Diana into an early retirement, which given her age is highly unlikely? Or do they want to see Chito and Diana divorced? Isn?t it enough that they?ve destroyed Chito?s name and reputation? Isn?t it enough that they?ve engaged in an attack on Diana?s career as a 15 year BP Agent that has resulted in further promotion and
advancement to be halted, the details of which cannot be disclosed due to privacy concerns.

The background: Border Patrol agents prosecuted to appease Mexico

 

By Tom Tancredo

Another Border Patrol agent on the southwest border is facing a long prison sentence for doing his job. Isn’t it amazing how this happens only on the southwest border and never the Canadian border?
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Veteran agent Jesus Diaz faces a sentence of five to 25 years in federal prison for “mistreating” an illegal alien who was apprehended crossing the border near Eagle Pass, Texas, in 2008. The man was handcuffed, and allegedly, Diaz lifted his handcuffs to force him to the ground because he was not cooperative. For this “offense” Diaz was prosecuted by U.S. attorney for the West Texas region, <strong>Johnny Sutton</strong>, and convicted and will be sentenced in September.

Diaz’s “victim,” who was carrying a backpack with 50 pounds of marijuana at the time, was subsequently given a visa and is free to enter and leave the U.S. any time he chooses.

United States Attorney Johnny Sutton, Western ...

We remember U.S. Attorney Johnny Sutton as the prosecutor in the Ramos and Compean case. Border Patrol officers Jose Compean and Ignacio Ramos went to prison and later had their sentences commuted by President Bush in January 2009. The “victim” in their case, a well-known smuggler named Oswaldo Aldrete-Davila, also got a visa but – surprise! – was later arrested and convicted for drug smuggling.

These two Border Patrol prosecutions have more in common than the eternal vigilance of Johnny Sutton. In these cases and many others, the U.S. attorney’s office was responding to protests from the Mexican government that its citizens were being mistreated by Border Patrol agents.

In 2008 the U.S. attorney’s office in southern Arizona declined to prosecute a Border Patrol agent after he accidentally killed an illegal alien who was in a group of four he was trying to subdue a hundred yards from the border fence near Naco, Ariz. But in this instance, the local Cochise County attorney decided to prosecute the agent under state law after the Mexican government protested the lack of action against the agent. He was prosecuted twice, but when both juries ended in deadlock, the government gave up trying to put him in prison. The family of the Mexican national who had been killed then sued the Border Patrol agent for damages in civil court.

In San Diego last month, an illegal alien was shot by a Border Patrol agent in self-defense after a group of illegal aliens came at him with cement blocks that had nails embedded in them. The man who was shot had a long criminal history and had been deported twice, yet the Mexican government is demanding prosecution of the Border Patrol officer involved.

In Texas this week, a “Mexican citizen” was executed for the brutal murder of a teenage girl he had met at a party. He confessed his crime, was convicted and sentenced to death by lethal injection. In the last weeks before the scheduled July 7 execution, President Obama got involved and asked the U.S. Supreme Court to order Texas to delay the execution. Why? Because the man had not been advised before trial that under a U.S. treaty with Mexico, as a citizen of Mexico he had a right to ask for assistance from the Mexican government. He confessed his crime and had a fair trial in every respect, but the government of Mexico was offended.

In response to the Mexican protests, Obama asked the Supreme Court to delay the execution so Congress can have time to pass a law ordering Texas to give the man a new trial. You heard that right: Obama asked the court to rule on the basis of a law that had not yet been enacted – and may never be enacted. Five justices of the court ignored Obama, as did the state of Texas. Two cheers for Texas!

Why do we see this acute sensitivity to the wishes and interests of the corrupt government of Mexico in matters of U.S. criminal law and U.S. border security? This is almost laughable, but to the 20,400 officers of the Border Patrol, it is more than a nuisance. It is a threat held over their heads daily. Rock-throwing incidents and other physical assaults on Border Patrol officers have increased dramatically in recent years.

It is a well-established fact that the Mexican military and Mexican law enforcement at both the state and local levels is thoroughly penetrated by the drug cartels – yet the Border Patrol and the sheriffs of border counties are required to “collaborate” and cooperate with Mexican agencies.

About 1,000 illegal aliens are apprehended on a typical day on the southwest border. In each Border Patrol station, as these trespassers are processed for “voluntary removal,” the nearest Mexican consulate must be called and allowed to interview the illegal interlopers to determine if any person was mistreated. To the Border Patrol agent walking the line, this is a recipe for manufacturing allegations of misconduct.

The government of Mexico should focus its efforts on getting its own house in order. After that has been accomplished, and after they stop encouraging and facilitating “northward migration,” we might be interested in their opinions on the American criminal justice system.

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Court Hid Evidence From Jury in Border Agent Jesus Diaz Case

by Admin on November 27, 2011 in Border Patrol, Gulf Cartel, Homeland Security, Illegal Immigration, Jesus Diaz, Justice Department - Eric Holder, Mexican Cartel War, Sinaloa cartel, Zetas with No comments

WRITTEN BY ALEX NEWMAN

broken gavel

More documents and statements have emerged showing that evidence was withheld from the jury that convicted Border Patrol Agent Jesus “Chito” Diaz, Jr., prompting strong criticism and a growing uproar in Congress.

On November 22, the non-profit Law Enforcement Officers Advocate Council (LEOAC)released official documents related to the case that were obtained during discovery process — when the defense is allowed to review the evidence against the defendant. The judge in the case had issued an order prohibiting defense attorneys from releasing the information, but LEOAC and its legal counsel obtained the documents well before the order was given. They do not believe the restriction applies to third parties.

Among the trove of documents sent to The New American and posted online were interviews with trainee agents who claimed to have witnessed the alleged excessive use of force. Also included were interviews with agents who were in the area but did not see agent Diaz engaging in any improper behavior. A complaint from the Mexican Consulate was made available as well.

According to experts, the picture that emerges from a review of the documents is troubling. And more than a few prominent individuals have expressed deep concerns about a possible miscarriage of justice.

Longtime law-enforcer and use-of-force expert Dave Grossi, who testified at the trial on behalf of agent Diaz, said the court deliberately suppressed key evidence. If the jury had known the whole truth, he contends, the outcome of the case might have been very different.

“One can only guess what the jury’s findings might have been had they known about the ‘armed escort alert’ received by the agents 24 hours earlier that escalated their awareness level, or the presence of the gang [tattoos] all over the second smuggler’s face, head, neck and body,” Grossi noted, referring to a warning received by the Border Patrol that drug traffickers crossing the border were employing heavily armed squads.

“Be that as it may, Agent Diaz is now doing time for what many feel was proper and reasonable force given the totality of the circumstances he faced,” he added. “It was 0300 hours in a dark pecan field, and Diaz knew he was dealing with violent, dope-smuggling gang members, one of whom was potentially armed and still at large somewhere in that field.”

Andy Ramirez, president of LEOAC, agreed with the assertions. “After reviewing trial transcripts and discovery, we concur with expert Grossi that key facts were filtered by the court to prevent the jury from learning the truth,” he said in a statement.

The evidence that was presented to the jury, on the other hand, was often highly dubious  — even according to federal investigators. Consider, for example, the testimony of the drug smuggler who was allegedly deprived of his rights by agent Diaz.

A U.S. government report created during one of the original investigations of the incident noted that the drug smuggler — who was ultimately given immunity to testify against Diaz — would be a witness whose “credibility is questionable at best.” Not only that, the smuggler admitted to lying in court.

“Diaz is in prison in part because he ‘allegedly lied’ to BP agents. The illegal drug smuggler gets total immunity for ‘admittedly lying’ about the same incident,” noted law-enforcement expert Grossi. “Justice? You tell me.”

But that is not all. Of the dozen agents and trainees who were there on the night of the incident, two testified in court that — in their opinion — Diaz’s use of force was “unnecessary.” But those same individuals offered often contradictory testimony — some of which was later shown to be inaccurate.

But instead of hiding the questionable testimony from the jury, the judge chose to admit it even while blocking access to other key facts. Critics like LEOAC, which has been advocating the Diaz family’s cause for months, are outraged about the apparent injustice.

“It is unconscionable that such statements be allowed as evidence against Agent Diaz given not only the amount of hearsay by government witnesses but also the repeated perjury and lack of credibility among witnesses,” noted LEOAC chief Ramirez. “This ruling is about suppression as the documents show a case that screams to be brought to public scrutiny given the inconsistencies in the statements by several government witnesses who contradict their own statements as well as each other.”

LEOAC and other Diaz supporters also contend that the five counts of “lying to investigators” were also bogus. “These charges were solely filed in retaliation for Agent Diaz’s refusal of the plea bargain offered by the USAO,” Ramirez argued.

And the reason the judge and the prosecutor worked to prevent the release of the documents was simply to stop Americans from discovering a travesty, according to critics such as Ramirez. “What is more clear is that such records as the discovery in the prosecution of Agent Diaz, as well as the file in the murder of Border Patrol Agent Brian Terry, which was also sealed as reported by the Arizona Daily Star,only further prove that transparency on the part of the Obama Administration means to hide or prevent such facts from being revealed to the American people, where it can be scrutinized by the Court of Public Opinion,” Ramirez said.

But despite government stonewalling, Diaz’s cause is gaining more and more traction as the media begins to reveal the details of his prosecution. Meanwhile, agent Diaz continues to pick up supporters, too. Last week, more than three dozen members of Congress signed a letter to Attorney General Eric Holder demanding a detailed explanation of the Justice Department’s prosecution.

“It is our belief that the prosecution of Agent Diaz by the U.S. Attorney’s Office for the Western District of Texas, also responsible for putting other agents behind bars, is a disservice to the men and women of the Border Patrol and the mission they undertake,” the Congressmen wrote.

“Despite claims of abuse by the smuggler, who was given full immunity in exchange for his testimony, photographic evidence and testimonies from other agents at the scene have testified that no such violence took place,” the letter states. The facts in this case do not indicate that the drug smuggler was harmed during the arrest or that excessive force was used.”

Of course, Holder has so far refused to cooperate on the issue, or on much else for that matter. But Congressmen are getting upset and do not plan to give in.

“In two separate letters, I’ve asked the Attorney General to provide information and take action on what has proven to be a serious miscarriage of justice,” said Congressman Duncan Hunter (R-Calif.), referring to the Diaz case. “The Attorney General has been silent so far, perhaps because he’s busy making excuses on why he should not be held accountable for Operation Fast and Furious.”

Related articles:

Jailed Border Agent Diaz’s Family Ordered to Pay Fine

Holder Admits Lies in Fast and Furious, Refuses to Resign

Critics Furious As Border Agent Diaz Gets Two Years in Prison

Jailed Border Agent Jesus Diaz Denied Bond; Family Speaks Out

Union Official Accused of “Sabotage” in Border Agent Case

Feds Prosecuted U.S. Border Agent for Mexico

Border Group: Obama Amnesty “Contempt for Law”

Border Patrol Boss Attacked as Propagandist

Calls Grow for Holder Resignation Over “Fast and Furious”

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Court-sealed Diaz case documents posted online

by Admin on November 25, 2011 in Border Patrol, Jesus Diaz, Mexican Cartel War, Narco Terrorism with 1 Comment

Activists say ‘facts filtered’ by judge ‘to prevent jury from learning truth’

Posted: November 23, 2011
9:00 pm Eastern

WND
By Bob Unruh, © 2011 WND


Jesus Diaz Jr.

An advocacy organization for U.S. Border Patrol agents has posted online aseries of filescontaining the discovery documentation in the case against Agent Jesus Diaz, who is serving a 24-month prison term for his encounter with a teenage drug smuggler.

The posting by theLaw Enforcement Officers Advocates Councilcame even though a federal judge had issued an order forbidding the disclosure of the documents by defense counsel.

The order fromU.S. District Judge Alia Mosescame on the heels of aWND reportbased on some of the targeteddocumentsrevealing that the unidentified teenage drug smuggler had compromised his credibility by lying on the scene about any knowledge of marijuana.

Click here to sign a petition sending a message to the federal government about Border Patrol Agent Jesus Diaz

The judge wrote: “On this day came on to be heard the government’s motion for a protective order concerning the discovery materials related to this cause number. Having considered same, motion is hereby granted. It is, therefore, ordered that defendant and defendant’s attorneys shall not disclose any part of the discovery materials related to this cause number previously disclosed or disclosed later to defendant, to anyone other than the defendant’s attorneys or the court.”

The prosecution’s request followed immediately after the WND story on the internal government report that suggested no prosecution for Diaz.

That document stated:

On April 16, 2009, AUSA (Assistant U.S. Attorney) Schall contacted SSA (Senior Special Agent) White and advised that he had conferred with U.S. Department of Justice, Prosecutor Michal Frank, the USAO (U.S. Attorney’s Office)/San Antonio and the USAO/Del Rio. AUSA Schall stated that based on the information that [Name Redacted] was apprehended in what appeared to be illegal activity of smuggling marihuana (sic) into the U.S., and that he lied to BPAs (Border Patrol Agents) on the scene about any knowledge of marijuana; [Name Redacted] credibility was questionable at best. Further, based on the fact that [Name Redacted] was not available to testify about the alleged use of excessive force applied to him by BPA DIAZ, and there did not appear to be any chance of locating him in the near future, the USAO/Del Rio declined to prosecute BPA DIAZ.

The information from discovery documents in the case prompted prosecutors to seek the nondisclosure order. But President Andy Ramirez of the LEOAC told WND that the order did not apply to his organization. His group obtained the documentation in March, months before the judge’s order, and he said the order applied only to the defendant and his counsel anyway.

“It is our contention that such order does not apply as we received this material nearly eight months prior to Nov. 9, 2011, the date in which it was enacted by the court and that it solely applies to the defense and their counsel on and after that specified dated,” Ramirez explained.

He said that the documents suggest that “key facts were filtered by the court to prevent the jury from learning the truth.”

“It was when the government saw that the document was published on the Internet (WorldNetDaily) on November 9, 2011, that the U.S. attorney’s office filed their motion,” he said.

The document cited by WND explained that the Department of Homeland Security’s Office of Professional Responsibility concluded that its part in the case was closed “and that the narco-trafficker ‘MBE’ was deemed not a credible witness. It also stated that they were recommending the case to CBP Internal Affairs solely for administrative action.”

“This means investigation for discipline, not prosecution,” Ramirez explained.

The same document revealed the U.S. attorney’s office also had declined to prosecute the case, which was resurrected only after the Mexican consul complained.

“This ruling is about suppression as the documents show a case that screams to be brought to public scrutiny given the inconsistencies in the statements by several government witnesses who contradict their own statements as well as each other,” Ramirez said in his statement.

“What is … clear is that such records as the discovery in the prosecution of Agent Diaz, as well as the file in the murder of Border Patrol Agent Brian Terry, which was also sealed …. only further prove that transparency on the part of the Obama administration means to hide or prevent such facts from being revealed to the American people.”

Among the documents revealed in the file is the complaint from the Mexican consul, which claimed that the suspect caught hauling 75 pounds of drugs into the U.S. “was arrested with excessive force” and that “minor complained about the incident once he arrived to the South Station.”

However, the U.S. government’s report said the drug trafficking suspect, who was given immunity by the federal government, “did not complain that he was injured, hurt, or in pain when the official twisted his arms and applied the ‘heavy pressure.’”

Ramirez said, “The government’s case is based on false testimony that is contradicted by the facts. Clearly, the U.S. attorney’s office is concerned that WND will obtain other documents proving the prosecution of Diaz involved an abuse of government authority.”

On Oct. 20,  Judge Moses sentenced Diaz to 24 months in prison after he was found guilty in a federal criminal trial of denying the Mexican teenager of his constitutional rights by applying excessive force during the incident. He was accused eventually of violating the smuggler’s rights by forcing him to the ground during his arrest, handcuffing him, then pulling on his arms to coerce him into complying with orders.

According to the FreeAgentDiaz.com website,Diaz was “maliciously prosecuted at the request of the Mexican consul in Eagle Pass, Texas.”

The legal case against the officer was “solely motivated by politics and is yet another example of prosecutorial abuse and misconduct while protecting Mexico’s narco-terror influences,” organizers of the website said.

According to the discovery documents, other agents, hours after the alleged incident, claimed to an off-duty Border Patrol officer that Diaz used “excessive force” on the drug smuggler. That’s even though the suspect “was processed for voluntary return to Mexico by BPA Marco A. Ramirez, and subsequently returned to Mexico on the same date.”


Ignacio Ramos and Jose Alonso Compean

Border watchers will remember the extended battle fought by Border Patrol Agents Ignacio Ramos and Jose Compean after they were prosecuted, convicted and jailed, again at the request of the Mexican government, for shooting at and striking a drug smuggler who reportedly dropped a load in the U.S. and was fleeing back to Mexico.

Their punishments ultimately were commuted by President George W. Bush, although they did not receive pardons, leaving their convictions on their records.

 

Their original case stemmed from the Feb. 17, 2005, shooting of Oswaldo Aldrete-Davila. The two officers said they thought Aldrete-Davila was armed and made a threatening move.

WND was among the first to reportAldrete-Davila then committed a second drug offense, smuggling a second load of 750 pounds of marijuana across the border while he was under the protection of immunity from federal prosecutor Johnny Sutton’s office and in possession of a border-pass card authorized by the Department of Homeland Security.

WND also reported when Aldrete-Davila admitted to federal drug smuggling charges,was convicted and sentenced to federal prison for a 57 months.

Aldrete-Davila was granted immunity for his drug smuggling by federal prosecutors in exchange for his testimony against the agents. He had crossed the Rio Grande and picked up a marijuana-loaded vehicle near El Paso. After a car chase in which he fled from the officers, he abandoned the vehicle and ran back across the border on foot. He was shot in the buttocks as he ran.

Click here to sign a petition sending a message to the federal government about Border Patrol Agent Jesus Diaz

Read more:Court-sealed Diaz case documents posted onlinehttp://www.wnd.com/?pageId=370805#ixzz1elKkakgn

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Perversion of justice

by Admin on November 24, 2011 in Border Patrol, Jesus Diaz, Obama Foreign Policy with No comments

WND

Border Patrol Agent Jesus Diaz

Border Patrol Agent Jesus Diaz did not have a great Thanksgiving.

He spent it in solitary confinement as a virtual political prisoner of Barack Obama’s Department of Injustice.

What did he do?

He made what should have been a routine arrest of a Mexican teenage drug smuggler hauling 75 pounds of marijuana into the U.S. The arrest was reviewed by Homeland Security and determined to be righteous and lawful. But then the Mexican government got involved, calling on Obama’s Injustice Department to review it.

At that point, the illegal alien drug perp was given immunity to testify against Diaz. Lo and behold, he claimed he was roughed up by Diaz. Though there were no corroborating witnesses and no marks indicating any kind of brutality, the perp was given a visa to allow him continued access to the U.S., and Diaz was sentenced to two years in prison and a stiff fine.

When this outrage was exposed by WND, the U.S. Injustice Department sought a gag order on the case, so the American people wouldn’t hear any more details about it. Judge Alia Moses granted it. Moses is no doubt sympathetic to drug dealers. His cousin, Alex Moses, was arrested on drug offenses and faced 20 years in prison for the charges. After pleading guilty, he was given five years probation.

Welcome to Obama World – where drug felons walk free and law-enforcement offices rot in solitary.

If you think I’m over-generalizing, keep in mind Obama’s actions Monday, when he issued the first commutation order since moving into the White House.

  • He ordered the release of Eugenia Marie Jennigs next month after serving 10 years on a 22-year sentence for cocaine distribution.
  • He pardoned Lesley Claywood Berry Jr. of Loretto, Ky., sentenced in 1988 to three years in prison for conspiracy to manufacture and distribute marijuana.
  • He pardoned Dennis George Bulin of Wesley Chapel, Fla., sentenced in 1987 to five years of probation and a $20,000 fine for conspiracy to possess with intent to distribute in excess of 1,000 pounds of marijuana.
  • He pardoned Ricky Dale Collett of Annville, Ky., sentenced in 2002 to one year of probation for aiding and abetting in the manufacture of 61 marijuana plants.
  • He pardoned Thomas Paul Ledford of Jonesborough, Tenn., sentenced in 1995 to one year of probation for conducting and directing an illegal gambling business.

It seems Obama has a softness in his heart for drug dealers and others – but not so much for federal law enforcement officers who put their lives on the line defending our borders.

Why is that?

And why is Obama’s Justice Department trying to keep the American people in the dark about all details of the Jesus Diaz case?

What are they hiding?

I don’t know about you, but I have trouble sleeping at night living in a country that keeps people like Jesus Diaz in solitary confinement while freeing drug dealers.

My Thanksgiving dinner was just a little less enjoyable as I pondered this injustice and thought about Diaz’s wife – also a Border Patrol agent – alone, facing stiff fines and denied the ability to raise awareness about the plight of her husband.

I hope you will join me right now in fighting back – by signing the petition to Congress to request a full pardon of Agent Diaz, something the Obama administration is unlikely to do. Already, because of our efforts, several members of Congress are demanding a full explanation of the Injustice Department’s mishandling of this case.

Free Jesus Diaz!

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