Johnny Sutton

Johnny Sutton (born ca. 1961) is the United States Attorney for the Western District of Texas based in San Antonio. Sutton also chairs the Attorney General's Advisory Committee of United States Attorneys. He has become notable for the controversial prosecutions of multiple U.S. Border Patrol agents and law enforcement officers on the US-Mexico Border.

Biography

Sutton graduated from the University of Texas at Austin with a bachelor’s degree in International Business in 1983 and then earned a Juris Doctor degree at the University of Texas School of Law in 1987. He then worked as a criminal trial prosecutor in the Harris County District Attorney’s Office in Houston. From 1995-2000, Sutton worked for then Governor Bush under Alberto Gonzales, then the governor's general counsel, as the Criminal Justice Policy Director. With the election of President Bush, he worked with Gonzales and became coordinator for the Bush-Cheney transition team assigned to the Department of Justice where he served as Associate Deputy Attorney General. Bush nominated him to his current position on October 25, 2001, and his nomination was confirmed by the Senate.On March 28, 2006 Gonzales named Sutton Chair of the Advisory Committee of U.S. Attorneys. [ [http://www.usdoj.gov/usao/txw/press_releases/2006/SuttonAGAC.pdf Appointment to chair Advisory Committee of U.S. Attorneys] ]

The "House of Death" case

Sutton's role in the "House of Death" case remains unresolved. Lalo, a paid informant of the U.S. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, and DEA, had infiltrated the Juarez Mexican drug cartel. In this situation he worked with Heriberto Santillan-Tabares and helped him to murder people in Mexico. Lalo had forehand knowledge of planned killings and informed his US handlers of the intended crime.cite web| url=http://observer.guardian.co.uk/world/story/0,,1962643,00.html | title=The House of Death| author=The Observer | date=12/3/2006 ] Local handlers were horrified that their informant was involved in murder and got advice from higher authorities. Sutton has been named as a key US official who was aware of the murderous activities of the informant, but failed to intervene. [cite web|url=http://www.narconews.com/Issue38/article1374.html| title=Ex-DEA El Paso Chief Slams U.S. Attorney Sutton Over “Murders Gov’t Could Have Prevented”| author=Bill Conroy| date=2005] The killings took place until January 2004.

Intimidation

Subsequent to the publication of the "House of Death" story, the investigative journalist of narconews, Bill Conroy, received intimidating visits at his office, his home, and a visit to his employer from officers of Immigrations and Customs Enforcement, an event that prompted a letter by Congresswoman Cynthia McKinney blasting Sutton for "an attempt ... to intimidate a journalist who has reported facts that are embarrassing to him". [ [http://www.fromthewilderness.com/free/ww3/070705_mckinney_sutton.shtml Letter of Congresswoman Cynthia McKinney] ]

Cases against law enforcement agents

Ramos and Compean

Border agents Ignacio Ramos and Jose Compean were prosecuted by an attorney of Sutton's office for misconduct in the shooting and wounding of Osvaldo Aldrete-Davila, a drug smuggler who had illegally crossed the border between Mexico and the US near Fabens, Texas. According to the court case, the agents fired fifteen shots at the fleeing man on February 17, 2005. Aldrete-Davila received a bullet wound laterally across his body. Ramos and Compean later removed their shell casings from the scene as per the orders of their supervisors on the scene. Per Johnny Sutton's appearance on a national news program, no report was filed from either Compean or Ramos. Sutton further claims this was their attempt to cover up the incident, despite the fact that they reported the incident to supervisors on-scene. [ [http://www.cfif.org/archive_server/Rebuttal-to-US-Attorneys-Offices-Myth-vs-Reality-Press-Release.pdf C:Documents and SettingsT JMy DocumentsWP FilesLitigationRamos and CompeanFact vs. Fiction.wpd ] ] Aldrete-Davila’s van contained nearly eight hundred pounds of marijuana. Aldrete-Davila was granted "use immunity", given a border crossing card, and medical treatment in exchange for giving his testimony against Ramos and Compean. Aldrete-Davila has also filed a $5 million lawsuit against the U.S. government, claiming that his civil rights were violated. [cite news | last = Seper | first = Jerry | title = Lawmakers seek review of border agent case | publisher = The Washington Times | date = 2006-08-23 | url = http://washingtontimes.com/national/20060823-122228-3575r.htm | accessdate = 2006-12-14] Based on testimony by Aldrete-Davila, border agent Jose Compean was sentenced to twelve years and agent Ramos to eleven years and one day in October 2006. [cite news | last = Gilot | first = Louis | title = Sentence handed to border agents; free until Jan. 17 | publisher = El Paso Times
date = 2006-10-20 | url = http://www.dailybulletin.com/news/ci_4519632 | accessdate = 2006-12-14 ]

During Congressional investigations into the matter, a Department of Homeland Security employee misled multiple congressional representatives, claiming that the DHS had "signed confessions" that the two agents had decided to "shoot Mexicans" that day. Under oath, DHS Inspector General Richard Skinner admitted to the Congressional inquiry that DHS had misled Congress. [ [http://www.wnd.com/news/article.asp?ARTICLE_ID=54132 Government admits lying about jailed border agents ] ] Congressman Dana Rohrabacher has issued a statement that Sutton failed to repudiate this lie in a congressional hearing. [ [http://rohrabacher.house.gov/News/DocumentSingle.aspx?DocumentID=69594 U.S. Congressman Dana Rohrabacher : 46th District Of California ] ]

The October Load

Osvaldo Aldrete Davila, the admitted drug smuggler given immunity by Johnny Sutton, was indicted on November 16, 2007 on charges of smuggling marijuana between September and October 2005. Evidence from the second and third drug smuggling run was sealed by trial judge Kathleen Cardone during the original trial which convicted border agents Ignacio Ramos and Jose Compean. Aldrete faces up to 2 million dollar fine and 40 years in prison if convicted. [cite news | last = Caldwell | first = Alicia | title = Drug smuggler shot by agents gets indicted | publisher = The Houston Chronicle | date = 2007-11-16 | url = http://www.chron.com/disp/story.mpl/headline/metro/5307152.html | accessdate = 2007-11-16]

Hernandez

Gilmer Hernandez is a former Sheriff’s Deputy of Edwards County from Rocksprings, Texas, who shot at a human smuggling van attempting to run him over. An illegal alien concealed in the van was wounded in the cheek. Although an initial investigation cleared Hernandez of wrongdoing , Sutton reopened the case and successfully prosecuted him on a charge of violation of civil rights of the illegal alien. [ [http://www.freegilmer.com/articles.html Edwards County Sheriff's Deputy Gilmer Hernandez ] ]

America's Most Wanted has reported that the reopening of the case by Sutton's office was the result of a letter from the Mexican government demanding prosecution. [ [http://www.amw.com/features/feature_story_detail.cfm?id=1408&mid=0 AMW.com | Injustice At The Border: U.S.-Mexico Border Deputy Unjustly Jailed? ] ] Members of Congress have demanded an investigation into whether the prosecution was politically motivated based on this letter.

Response

In response to criticism, Sutton's office has published responses concerning the Ramos and Compean case after the initial announcement on 4/13/2005. [ [http://www.usdoj.gov/usao/txw/index.html Access to press releases by J.Sutton] ] Numerous rebuttals to Sutton's claims have been published in response. [ [http://rohrabacher.house.gov/UploadedFiles/NBPC%20rebuttal_to_sutton.pdf http://rohrabacher.house.gov/News/DocumentSingle.aspx?DocumentID=78994] ] Congressman Rohrabacher and other members of Congress have roundly criticized Sutton's conduct in the affair. Congressman Rohrabacher made the following statement:

If Mr. Sutton thinks he’s going to escape culpability for this miscarriage of justice by conveniently arresting the drug smuggler 2 ½ weeks before the Ramos & Compean appeal is heard, he is sadly mistaken. Mr. Sutton turned a deaf ear to pleas from the Ramos & Compean families. Instead he only heard the lies of the drug smuggler portraying him as an innocent man who had given into the temptation of drug smuggling only once, in order to buy medicine for his sick mother.

The bottom line is this, Johnny Sutton believed it was more important to protect the civil rights of an admitted illegal alien drug smuggler than to side with the law enforcement heroes who attempted to stop him.

[ [http://rohrabacher.house.gov/News/DocumentSingle.aspx?DocumentID=78994 Cong. Rohrabacher Statement on the Arrest of Drug Smuggler Shot by Imprisoned Border Agents] ]

In a town-hall style meeting in Nashville, TN on July 19, 2007, President Bush refused to promise he would pardon the border patrol agents in the face of mounting evidence that the case was flawed, justifying his decision by describing Johnny Sutton: "I know the prosecutor very well, Johnny Sutton. He's a dear friend of mine from Texas." [ [http://www.washingtonpost.com/wp-dyn/content/article/2007/07/19/AR2007071901193.html Bush Defends His Immigration Proposals - washingtonpost.com ] ] [ [http://www.whitehouse.gov/news/releases/2007/07/20070719-3.html President Bush Visits Nashville, Discusses Budget ] ]

Border Agents and 5th Circuit Court Appeal

After the hearing of the 5th Circuit Court of Appeals in New Orleans on December 3rd, Sutton was reported to have "snuck out the back door after the hearing and refused to meet with the media". [ [http://www.amw.com/features/feature_story_detail.cfm?id=1369 AMW.com | "Victim" In Border Agent Case Convicted of Drug Smuggling ] ] Multiple Congressional representatives have released statements regarding the proceedings of the hearing, in which Sutton's staffer admitted that Aldrete-Davila had lied under oath. [ [http://poe.house.gov/News/DocumentSingle.aspx?DocumentID=79510 Congressman Ted Poe ] ] [ [http://www.culberson.house.gov/news.aspx?A=362 U.S. Congressman John Culberson : 7th District of Texas ] ]

References

External links

* [http://www.usdoj.gov/usao/txw/us_attorney/ Official web site]
* [http://www.narconews.com/houseofdeath House of Death Article Collection] House of Death murders in Ciudad Juárez, and Sutton's complicity
* [http://observer.guardian.co.uk/world/story/0,,1962643,00.html House of Death Summary] Guardian article on the House of Death
* [http://www.usdoj.gov/usao/txw/press_releases/2007/compean_ramos_suttonstatement_1_17_07.pdf Statements by Sutton's office about Ramos & Compean, 1/17/2007]
* [http://www.usdoj.gov/usao/txw/press_releases/2007/compean_ramos_1_10_07.pdf Date 1/10/2007]
* [http://www.usdoj.gov/usao/txw/press_releases/2007/Compean_Ramos_sent_stmt_lon.pdf Date 10/23/2006]
* [http://www.usdoj.gov/usao/txw/press_releases/2006/Compean_Ramos_sent.pdf Date 10/19/2006]
* [http://www.usdoj.gov/usao/txw/press_releases/2007/compeanramosfinal.pdf Date 9/8/2006]
* [http://www.usdoj.gov/usao/txw/press_releases/2006/Sutton%20statement%20re%20compean%20and%20ramos%20conviction.pdf Date 8/11/2006]
* [http://www.usdoj.gov/usao/txw/press_releases/2006/Compean.con.pdf Date 3/8/2006]
* [http://www.usdoj.gov/usao/txw/press_releases/2005/BPShooting.pdf Date 4/13/2005]
* [http://www.cfif.org/archive_server/Rebuttal-to-US-Attorneys-Offices-Myth-vs-Reality-Press-Release.pdf NBPC's rebuttal to statements by Sutton's office, 2007]