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.

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. 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. 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".

Cases against law enforcement agents

Ramos and Compean

Main article: Ignacio Ramos

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 and Border Patrol regulations clearly indicate that oral reports of shooting are the appropriate method of reporting[1]. 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 that Sutton's office helped him prepare as payment for testimony, claiming that his civil rights were violated. Based on testimony by Aldrete-Davila and border patrol colleagues, border agent Jose Compean was sentenced to twelve years and agent Ramos to eleven years and one day in October 2006.

During Congressional investigations into the matter, a Department of Homeland Security employee with connections to Sutton lied to 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 Congressional inquiry that this had been a blatant lie. [2]

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 (another Bush appointee) 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.

During the trial, Sutton presented Aldrete-Davila to the jury as a "poor unemployed Mexican" who had "lost his job" and fallen in with the drug smuggling mafia because he needed money for the medical bills of his mother. In fact, Aldrete-Davila has been a known drug smuggler to the Border Patrol for some time, including having his picture appearing in photo lineups. Border Patrol records indicate he was first implicated in drug smuggling at the age of 14.

The group Friends of the Border Patrol has formally accused Sutton of suborning perjury for his involvement in the testimony of Davila and the sealing of October Load evidence.[3]

Hernandez

Main article: Gilmer Hernandez

Gilmer Hernandez is a former Sheriff’s Deputy of Edwards County from Rocksprings, Texas, who was successfully prosecuted by Sutton's office on a charge of violation of civil rights of an illegal alien he wounded when he was shooting into the back of a van he knew to be filled with illegal aliens, that had attempted to kill him by running him over.

Gary Brugman

Gary Brugman spent two years in jail for the arrest of drug smuggler Miguel Angel Rodrigeuez-Silva. Silva was resisting arrest, the resist was reported and the minor bruise was photographed. He is currently trying to rebuild his life with aid from generous individuals who have donated money to help him acquire a tool franchise.

[4] [5] [6] [7] [8] [9]

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. Numerous rebuttals to Sutton's claims have been published in response. 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.

In a town-hall style meeting in Nashville, TN on July 19, 2007, President Bush refused a plea to 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."[10][11]

Related Cases

David Sipe

Officer David Sipe was on the border near Penitas, Texas, responding to a sensor alarm when he spotted 12 to 15 illegal aliens. After ordering the group to halt, records show, Mr. Guevara, Mr. Diaz and Mr. Sanchez fled into an area of heavy reeds. Mr. Sipe said he was defending himself when he struck Mr. Guevara with a flashlight.

Mr. Guevara required five stitches in his head. He and members of his smuggling party were given Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses, free use of government phones, and $80,000 to falsely testify against Sipe.

The case has come to be referred to along with the cases Sutton's office has prosecuted, and while not prosecuted by Sutton's office, has relevance because the incentives given to the illegals for their testimony were similar to those Sutton's office has granted witnesses in the other cases, and were ruled egregious enough for Sipe's conviction to be overturned on appeal.[12] [13] [14] Sipe is currently attempting to return to service in the Border Patrol.

See also

• House of Death

External links

• Official web site
• House of Death Article Collection House of Death murders in Ciudad Juárez, and Sutton's complicity
• House of Death SummaryGuardian article on the House of Death
• Statements by Sutton's office about Ramos & Compean, 1/17/2007
• Date 1/10/2007
• Date 10/23/2006
• Date 10/19/2006
• Date 9/8/2006
• Date 8/11/2006
• Date 3/8/2006
• Date 4/13/2005
• NBPC's rebuttal to statements by Sutton's office, 2007