New Ethics Complaint Targets Ramos-Compean Prosecutor

An ethics complaint is being launched with the Texas Bar Association seeking an investigation into U.S. Attorney Johnny Sutton for "willfullly misleading" statements in the case against the two Border Patrol agents, Ignacio Ramos and Jose Compean.

Don Swarthout, president of Christians Reviving America's Values, today confirmed his ethics complaint cites Sutton's actions in the case in which Ramos and Compean were convicted of shooting at a drug smuggler who had dropped a load of marijuana near the Texas border and was fleeing back into Mexico. An announcement from his organization confirmed, "Swarthout charges Sutton's office willfully misled the jury in order to convict Border Patrol Agents Ignacio Ramos and Jose Compean."

On Feb. 17, 2005, Ramos and Compean pursued Osvaldo Aldrete-Davila on foot after Aldrete-Davila abandoned a van containing 743 pounds of marijuana worth an estimated $1 million. During the chase, Ramos shot at Aldrete-Davila in the belief that the smuggler had drawn a gun of his own. Aldrete-Davila escaped across the border, and Ramos assumed Aldrete-Davila was unhurt. In fact, Aldrete-Davila had been shot in the buttock.

Swarthout compared Sutton to Duke lacrosse rape case prosecutor Mike Nifong, who has faced a series of penalties for allegedly withholding evidence that could have cleared the defendants. Swarthout also said nearly 100 members of Congress have reviewed the case and have asked President Bush to pardon the two. "These... elected officials represent both Democrats and Republicans. All of them agree Johnny Sutton's prosecution leaves a lot of unanswered questions," Swarthout's statement said.

"Known drug smuggler Aldrete-Davila was portrayed by Sutton as almost an 'innocent bystander.' In fact, he was involved in a second drug delivery to the United States during Sutton's prosecution of Ramos and Compean. This fact was covered up by Sutton's office," he continued. "It may be possible for reasonable people to disagree about whether Sutton's statements constitute 'outright lies.' However, the facts now in the public domain make it abundantly clear Sutton's statements were willfully misleading to the jury and that is the basis of this ethics complaint."

The Ramos and Compean convictions have been questioned by many who point out that during the trial, jurors were not told of Aldrete-Davila's continued drug trafficking. Jurors also were unaware that a fellow agent who testified against Ramos and Compean is a life-long friend of Aldrete-Davila – a violation of Border Patrol policy in itself.

T.J. Bonner, president of the National Border Patrol Council, a labor union, testified before the U.S. Senate that a medical examination of Aldrete-Davila supported the agents' description of events and complied with Border Patrol and Justice Department policies.

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