Court Hid Evidence From Jury in Border Agent Jesus Diaz Case

By:  Alex Newman
11/28/2011
       
Court Hid Evidence From Jury in Border Agent Jesus Diaz Case

More documents and statements have emerged showing that evidence was withheld from the jury that convicted Border Patrol Agent Jesus “Chito” Diaz, Jr., prompting strong criticism and a growing uproar in Congress.

On November 22, the non-profit Law Enforcement Officers Advocate Council (LEOAC) released official documents related to the case that were obtained during discovery process — when the defense is allowed to review the evidence against the defendant. The judge in the case had issued an order prohibiting defense attorneys from releasing the information, but LEOAC and its legal counsel obtained the documents well before the order was given. They do not believe the restriction applies to third parties.

Among the trove of documents sent to The New American and posted online were interviews with trainee agents who claimed to have witnessed the alleged excessive use of force. Also included were interviews with agents who were in the area but did not see agent Diaz engaging in any improper behavior. A complaint from the Mexican Consulate was made available as well.

According to experts, the picture that emerges from a review of the documents is troubling. And more than a few prominent individuals have expressed deep concerns about a possible miscarriage of justice.

More documents and statements have emerged showing that evidence was withheld from the jury that convicted Border Patrol Agent Jesus “Chito” Diaz, Jr., prompting strong criticism and a growing uproar in Congress.

On November 22, the non-profit Law Enforcement Officers Advocate Council (LEOAC) released official documents related to the case that were obtained during discovery process — when the defense is allowed to review the evidence against the defendant. The judge in the case had issued an order prohibiting defense attorneys from releasing the information, but LEOAC and its legal counsel obtained the documents well before the order was given. They do not believe the restriction applies to third parties.

Among the trove of documents sent to The New American and posted online were interviews with trainee agents who claimed to have witnessed the alleged excessive use of force. Also included were interviews with agents who were in the area but did not see agent Diaz engaging in any improper behavior. A complaint from the Mexican Consulate was made available as well.

According to experts, the picture that emerges from a review of the documents is troubling. And more than a few prominent individuals have expressed deep concerns about a possible miscarriage of justice.

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