THE MAY 17, SUPPRESSION HEARING ADDRESSING ISSUES RAISED IN BP REPORT
what should have been scrutinized more thoroughly was the true identity of the arresting Agent. Who is purported to be the same person that began following Dan and Mary from the KFC in Lordsburg, New Mexico.
A tail by an undercover agent in a White Pickup begins at Diamond Shamrock mini-mart, and KFC, in Lordsburg, New Mexico. Dan and Mary are most certain this persons name is William Shafer, for a couple of reasons.
1. When Dan and Mary got out of Jail, March 9, 2006, they got a copy of the border patrol report. It had a hispanic name as the under cover agent. Because the actual agent came up to them with an attitude during the arrest, (saying "do you remember me? I'm the one that was following you!"), Dan and Mary both remember what he looks like. He was not hispanic, or on the overwieght side, which Ramirez clearly is. There is a significant size difference, and appearance difference, between Ramirez and Shafer.
Further, Mary looked right at him at the Shamrock station because of where he was parked he was blocking the only other drive around cars at the pumps. She also had a close look at him as he pass on I-10 before Hwy 113. Then both Dan and Mary seen him as they passed one another on Hwy 113 when Dan and Mary was heading North and Schafer was heading South. In all Dan had an opportunity to clearly see him twice and Mary clearly seen him four times.
2. When Agent Ramirez testified at the Suppression Hearing he did not know the facts. More detail on this testimony is below.
3. The damning evidence of perjury is in the BP Reports, and supplimental reports.
USE YOUR BROWSER BACK BUTTON TO GO BACK AND FORTH TO REFERENCES!
The evidence needs to start by showing William Shafer on the scene. Further from I-10, past Dan and Mary's Vehicle. This is shown on Discovery page 67 on line 10 Agent Portillo comments "I then advised Mr. Kripner of his rights using SPA William Shafer's rights warning card."
Now keeping in mind where Shafer is. Look for his name to be mentioned in the full report. How does he get past Dan and Mary's vehicle to a position where the undercover agent was? This is the only report that mentions his name! All officers are accounted for in the reports, on when they arrived, and their supposed roles.
Also all the agents on the scene made out memorandum reports between March 7, 2006 and March 9, 2006. Why didn't Shafer make out a memorandum report also? Portillo's Memorandum Report Discovery page 67 shows him on the scene!
Could it be SA Schafer was operating with-out authorization is why he wants to remain annonymous? Especially considering if it was him that visited the CoC website Feb. 16, 2006 it could look like he was targeting individuals on account of bias against their "religion"?
The very first page of the Border Patrol report, Discovery page 62, raises questions.
1. Office or Agency: Special Agent In Charge, Drug Enforcement Adminstration, Las Cruces, NM. (But wait a second this is a BP report supposedly made out in Lordsburg by BP agents.)
2. Who really filled out this report? It looks like Agent Portillo because his name is on the line. But maybe he didn't want that much responsiblity. Or maybe Zarate filled it out. It was not attached to the complaint as it could have been if it were prepared earlier! Also the first block "Office or Agency" is where TFO Zarate works, and he likes to consider himself "Special" and in Charge. Agent Lara don't seem to care who filled it out. His name is put above Portillo's, and Agent Lara signs it. Top of Discovery page 66 Shows it was faxed FEB-23-2006 05:15 LAS CRUCES DEA 505 527-6966! This is the same header just the different date of Mar-01-2006 shown at the top of the Fax DEA TFO Zarate sent to DEA TFO Medlin. For TFO Medlins use in his AFFIDAVIT FOR SEARCH WARRANT. SEE Discovery page 250, which best shows the header. SEE Discovery page 240 across from line #12 shows TFO Zarate sent the Fax to TFO Medlin.
3. Ivan Zarate (who will be shown to commit lots of perjury, and other illegal acts) signs as recieving DEA Task Force Officer.
4. Arresting Agents: list Bernardo M. Ramirez III. (Dan and Mary question that it it him that followed them. He didn't look, or talk like the undercover agent that followed them) But that is what it says in the report on Discovery page 63.
This guy has an interesting attitude that recording testimony is a bad idea. Because people might take what they hear in the recording to mean something other then what was said! Also he does not make notes of his investigations.
Now comes the big question. If Agent Ramirez is the officer with all the details leading up to the arrest, why is someone else with less knowledge of events filling out the report? Is it to maintain his undercover identity? If this were so he exposed his identity at the Suppression hearing. TFO Zarate could have provided Hearsay theysay Evidence for him like Zarate did at the Preliminary Hearing.
Is Ramirez an undercover agent? That is doubtful. He didn't look nor talk like the undercover agent that followed Dan and Mary. So on to the report to show more evidence against Ramirez being in the role he claims. Plus more questions that it raises.
1. The agent claimed to be filling up at Diamond Shamrock when he observed two vehicles, one at Diamond Shamrock, and the other at KFC. This for some reason raised his suspicion enough to watch the activities of both.
At the suppression hearing, Defense entered pictures showing you cannot see the Drive-thru of KFC from the pumps at Diamond Shamrock. This is because a high solid divider of shrubs separates the areas. (Defense Attorney retains that evidence so that evidence cannot be shown here, YET!)
Defense also questioned Ramirez about the "Large amount of food". Ramirez had difficulty describing it. He described it as 2 large bags, which he couldn't see thru, about 18 inches filled height. Defense entered Discovery page 118 into evidence to show the bags are transparent. Containing 1 small bucket of chicken in each of 2 transparent bags. From comparison with the seat of the car it can be seen they are less than the 8 1/2 inches of a Large bucket of chicken. (Just measured one!)
Defense asked for the duty logs to show Ramirez was driving an unmarked pickup on that day. Also for gas receipts from Diamond Shamrock to show he purchased fuel at the time stated.
(As far as Dan and Mary know these were never produced.)
2. After Mary left KFC she pulled to the door of Diamond Shamrock to wait for Dan, who went there to get some Chips. KFC was out of buns. While waiting both lanes of the pumps had vehicles pull in. Mary notice a vehicle pull in and block the driveway on the side of the pumps closest to KFC. The driver just seemed to park and wait for something. Mary realized she was blocking the driveway between the store and the pumps making it where no one could go through. So she pulled into the parking lot in the rear. She got a good look at the driver of the vehicle blocking the other driveway. The Agent following Dan and Mary was not Ramirez, yet Ramirez testified it was him at the suppression hearing!?!
IT WAS NOT THE BORDER PATROL THAT STOPPED KRIPNER IT WAS A NM STATE PATROL.
TO BE FILLED IN WHY, AND PROOF...
ITEMS TAKEN DURING MARCH 3, 2006 ARIZONA SEARCH were predjudicially discussed during the hearing but no objection nor motion to suppress that evidence was entered.
Page 1 Border Patrol Report dated 02/22/2006
Page 2 Border Patrol Report dated 02/22/2006
Page 3 Border Patrol Report dated 02/22/2006
Page 4 Border Patrol Report dated 02/22/2006
Page 5 Border Patrol Report dated 02/22/2006
MEMORANDUMS WRITTEN AFTER NOTHING SIGNIFIGANT WAS FOUND MARCH 3, 2006
Page 1 Memorandum of SPA Portillo (NOT DATED)
Page 1 Memorandum of SPA Lara (NOT DATED)
Page 1 Memorandum of SPA Ford dated March 7, 2006
Page 2 Memorandum of SPA Ford dated March 7, 2006
Page 1 Memorandum of SPA Ramirez dated March 9,2006
Page 1 Memorandum of SPA Leyva dated March 7, 2006
ADDITION DISCOVERY FROM MARCH 3, 2006
Page 1 COC IOMM PLEDGE
Page 1 INSIDE SAMPLE COURIER CERT
Page 2 OUTSIDE SAMPLE CERT
Page 1 DET. (Sheriff) DEA TFO Medlin Report
Page 2 Medlin Report
Page 3 Medlin Report
Page 1 Det. Weddle Report
Page 1 Prison guard W. Wren (dog handler) report
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