I just finished reading a News4TucsonKVOA.com report about a pre-trial evidentiary ruling by the Court in an upcoming high-profile Arizona murder case. The victim was a U.S. Border Patrol Agent, Brian Terry, killed in a firefight with a couple of Mexican drug robbers. If you don’t know what that means, drug robbers search, in this case near the Mexican/U.S. border wilderness, for illegal drug dealers, then forcibly take their dope and money from them.
What’s a victim drug dealer supposed to do? Call the cops and tell them, “Hey. I’m a dope dealer and these two guys with guns stole all my shit from me? Arrest them and get my cash and shit back for me.”
The judge’s decision in the upcoming Brian Terry case prohibits the defense team from mentioning or soliciting any testimony in front of the jury regarding the fact that the two guns used in the murder of our Border Patrol Agent were provided to the drug robbers courtesy of the United States Government during the Operation Fast And Furious.
The motion to suppress that rather interesting piece of information, which was filed and argued by The People (the prosecution), and the judge’s granting of the motion, brought back some rather dismaying memories from my last days in the criminal justice arena.
During the last murder trial of my career, in which I was involved as an investigator for the defense team, I became the very last witness to take the stand – to impeach the false testimony of a police officer. The issue was an irreconcilable conflict between what a witness to the killing reported to the cop during a video-taped statement, and the cop’s sworn mendacious testimony about what the witness had said during the interview.
Counsel for the defense immediately jumped up and demanded to play the tape for the jury, to demonstrate that the police officer had testified untruthfully.
The District Attorney jumped up and objected to the jury viewing the tape. He actually moved to suppress his own evidence, the taped statement, which his own police officers had produced and presented as evidence for the prosecution.
Incredibly, the judge granted the motion to suppress the tape itself, but allowed me to testify the next day that I had watched the video and my observations of what the witness actually said during the interview.
It was an intriguing moment I will not forget. The prosecution team successfully got its own evidence suppressed when that evidence suddenly turned to favor the defendant during the course of the trial. I would not have believed it possible. But it did happen. I was there.
I am similarly intrigued that the judge, David Bury, in the Fast And Furious murder case has ruled that where the murder weapons came from (courtesy of the United States Government), and how they came to be in possession of the defendants is somehow irrelevant to the crime. I think it’s an incredible idea.
One thing the cops do, in any murder investigation in which a firearm is recovered, is to find out who bought, borrowed or stole the weapon and from whom the weapon was bought, borrowed, or stolen. Then the prosecutors want to know how the defendant got his hands on the weapon. And they want the jury to understand all of this.
That’s very basic stuff in any murder trial. Not in this one. There are political figures to be protected – specifically former Attorney General Eric Holder – and his immediate supervisor, The President of the United States – Barack Hussein Obama. Circle the wagons.
Of course, the prosecution team wants The People, in this case the Government of The United States, to look as “clean” as possible in front of the jury.
So, here we are.
Barring a terrible misstep by the prosecution team (if they should inadvertently bring it up), the jury is not ever going to know that the weapons used to kill U.S. Border Patrol Agent Brian Terry were provided for the killers by – The Government of the United States of America.