Judge Suppresses Origin Of Weapons In Murder Of Border Patrol Agent

obama and holder

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.

It’s irrelevant.

About John L. Work

John Lloyd Work has taken the detective thriller genre and woven an occasional political thread throughout his books, morphing what was once considered an arena reserved for pure fiction into believable, terrifying, futuristic, true-to-life “faction”. He traveled the uniformed patrolman’s path, answering brutal domestic violence calls, high speed chases, homicides, suicides, armed robberies, breaking up bar fights, and the accompanying sporadic unpredictable moments of terror - which eventually come to all police officers, sometimes when least expected. He gradually absorbed the hard fact that the greatest danger a cop faces comes in the form of day-to-day encounters with emotionally disturbed, highly intoxicated people. Those experiences can wear a cop down, grinding on his own emotions and psyche. Prolonged exposure to the worst of people and people at their worst can soon make him believe that the world is a sewer. That police officer’s reality is a common thread throughout Work’s crime fiction books. Following his graduation from high school, Work studied music and became a professional performer, conductor and teacher. Life made a sudden, unexpected turn when, one afternoon in 1976, his cousin, who eventually became the Chief of the Ontario, California, Police Department, talked him into riding along during a patrol shift. The musician was hooked into becoming a police officer. After working for two years as a reserve officer in Southern California and in Boulder, Colorado, he joined the Longmont, Colorado Police Department. Work served there for seven years, investigating crimes as a patrolman, detective and patrol sergeant. In 1989 he joined the Adams County, Colorado Sheriff’s Office, where he soon learned that locking a criminal up inside a jail or prison does not put him out of business. As a sheriff’s detective he investigated hundreds of crimes, including eleven contract murder conspiracies which originated “inside the walls”. While serving on the Adams County North Metro Gang Task Force and as a member of the Colorado Security Threat Intelligence Network Group (STING), Work designed a seminar on how a criminal’s mind formulates his victim selection strategy. Over a period of six years he taught that class in sheriff’s academies and colleges throughout Colorado. He saw the world of crime both inside the walls and out on the streets. His final experiences in the criminal law field were with the Colorado State Public Defender’s Office, where for nearly two years he investigated felonies from the defense side of the Courtroom. Twenty-two years of observing human nature at its worst, combined with watching some profound changes in America’s culture and political institutions, provided plenty of material for his first three books. A self-published author, he just finished writing his tenth thriller.
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