Critics of the prosecution of former border agents Ignacio Ramos and Jose Compean, sentenced to 11 and 12 years respectively, have long asked why the drug smuggler wasn't prosecuted.
The indictment and arrest of Osvaldo Aldrete-Davila last week for smuggling drugs into the country in the fall of 2005 did not alleviate criticism of U.S. Attorney Johnny Sutton of the Western District of Texas. (See Indictment)
Rather, some critics say it affirms their suspicion that Sutton, who prosecuted the border agents and is now prosecuting Aldrete-Davila, delayed bringing charges against Aldrete-Davila because he feared prosecuting him would jeopardize a conviction in the jury trial of Ramos and Compean.
The two agents were convicted for shooting Aldrete-Davila in the buttocks in February 2005 when he tried to evade arrest.
Further, the alleged smuggling occurred after Aldrete-Davila was granted immunity for attempting to smuggle more than 700 pounds of marijuana into the U.S. the day he was shot and also at a time when Aldrete-Davila had a "humanitarian pass" from the government to enter and exit the country unsupervised.
Though Cornyn did not make any specific allegation against Sutton or the Justice Department, he does want the matter explored.
"The recent arrest of Aldrete-Davila raises serious questions about decisions that were made in the trial and incarceration of the two agents," Cornyn told Cybercast News Service. "The attorney general should review the circumstances of this case immediately and forward a recommendation to the president."
