Monday, April 25, 2011

Border Patrol agent being persecuted for doing his job

In what appears to be yet another case of the Mexican Government orchestrating a fake crime against one of their drug smuggling criminals hauling dope into the U.S., Border Patrol Agent Jesus Diaz, a 7-year Border Patrol veteran, was convicted in Federal Court on February 24 of one count of excessive force (under color of law) and 5 counts of lying to Internal Affairs.

He is facing a maximum of 35 years in prison when he is sentenced in November. Meanwhile, he’s been in jail since the verdict nearly two months ago. He’s in solitary confinement 23 hours per day for his safety. So far, the judge has refused to allow bond while Diaz awaits sentencing.

This latest prosecution against a U.S. border agent stems from an October 2008 incident near the Rio Grande River in Eagle Pass, TX where Diaz and several other agents responded to illegal aliens who had crossed the river into Texas with bundles of drugs.

Agents apprehended the aliens and as Diaz was getting ready to put one of the aliens in the truck for transport, he allegedly pulled on his handcuffs, a common law enforcement technique to get suspects to cooperate. It was 1:30 in the morning and Diaz and the other agents were trying to find the drugs brought over by the suspects and determine if any other cartel smugglers were hiding in the bushes nearby. The suspect refused to answer their questions. They eventually found the drugs and all were taken to the station for processing.

Agent Diaz’ wife is also an agent, Field Operations Supervisor (FOS) Diana Diaz, and she is now speaking out about what she calls a travesty of justice. This case was brought by the infamous U.S. Attorney in West Texas, Johnny Sutton, known for his extremely aggressive and controversial prosecution of Ignacio Ramos and Jose Compean back in 2006. Sutton left office in 2009, but his chief deputy took over and prosecuted this case, once again at the demands of the Mexican Government.

Diaz was tried in September 2010, but the case ended in a mistrial. The DOJ tried the case again in February 2011 and this time they got their conviction, even though federal agent witnesses admitted they had lied to a grand jury. The judge did not allow the fact that they had committed perjury into the second trial.


USA sends criminal Haitians back to Haiti

Where Haiti takes a dim view of them too

"The U.S. deportation policy applies to noncitizens who receive sentences of a year or more in jail. An estimated 700 Haitians are slated for deportation this year, said Barbara Gonzalez of U.S. Immigration and Customs Enforcement.

"The United States cannot deport anyone if there would be a violation of their right to life, or their right to family life, especially if they have children, and their right to fair trial and due process," said Sunita Patel, an attorney with the Center for Constitutional Rights.

Although these individuals have served, the their entire sentence in the U.S., they are systematically detained upon arrival in Haiti, even if they are not wanted in this country. Harycidas Auguste, Government Commissioner, acknowledged that detaining deportees "is against Haitian law, which requires speedy processing of suspects and bans the jailing of Haitians who completed sentences in other countries [...] The detentions are completely illegal and arbitrary."

However, Aramick Louis, the secretary of state for public safety, defends and justifies the policy of the Government of Haiti "We can't consider these people to be saints; we have to consider them as they are... We have to control them on some level." It should be noted that these people are released once their families have been identified "Once released, most ex-detainees trying to find a job teaching English or using skills they picked up in the U.S." declared a government official who handles the issue.

There are few support services for the deportees has indicated Michelle Karshan who runs Alternative Chance, a small organization that has worked in this area for a decade. "It's not a popular subject, and after the earthquake even less so [...] because it's adult criminals from the States, it's not a poor peasant child..." Alternative Chance provides a variety of services, including job training and conflict resolution, but Karshan acknowledges that it cannot replace government services.

Still unemployed since his return this year, a deportee explains that he struggles to find his way in Port-au-Prince, where he lives with an aunt. He left a pregnant girlfriend behind in the U.S. and regrets that he won't be able to raise the child. He said he considered suicide... "This deportation has been a downfall for me"


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