Memo could lead to new trial for agents

Lawyer says defense never saw document
By Sara A. Carter, Staff Writer
Inland Valley Daily Bulletin
Article Launched:02/21/2007 12:00:00 AM PST

The defense for two former El Paso Border Patrol agents convicted of shooting a Mexican drug smuggler will ask for a new trial based on evidence not provided to them in court.

Mary Stillinger, co-counsel for former Border Patrol agent Ignacio Ramos, said an April 12, 2005, Department of Homeland Security memo was never provided to them.

The memo - written by Christopher Sanchez of the Inspector General's Office, and first published in the Daily Bulletin this month - acknowledged that all nine agents at the scene, including two supervisors, knew about the shooting, heard about the shooting and covered up the shooting.

Shana Jones, special assistant to Western District of Texas U.S. Attorney Johnny Sutton, whose office prosecuted the case, said that prosecutors will continue to challenge any questions on appeal.

"Both supervisors testified at trial as well as other witnesses that they were not present when agents Compean and Ramos were shooting at the fleeing alien," Jones said.

"Additionally, radio traffic confirms their testimony that they were not there at the time of the shooting. With regard to legal questions, we have litigated those at trial and will continue to litigate those legal questions on appeal."