Homeland Security Deports Key Witness Without Notifying Local Prosecutor in Murder Case

"The local Homeland Security office had been specifically advised by the gang-unit prosecutors assigned to this case that Mercado was the key witness in this case and had been assured that no action would be taken to deport Mercado without notice to the prosecutor's office," O'Brien wrote to the court.

HS assured that no action would be taken on this witness.


The witness at any rate was facing wepons charges and had been on the lamb from a warrant related to those charges for about 4 years. He had been convicted on that charge but had not showed for sentencing.

Mercado, 25, was an illegal immigrant who failed to show up for sentencing after he was convicted in Franklin County Common Pleas Court of carrying a concealed weapon in December 2006. He was arrested on a warrant in the case during the investigation of the Martinez-Vargas slaying.

What really stinks is that Mercado was picked up as he left jail....so the INS had thier eye on the guy as if they were going to be sure that he wasnt around to testify.

By the time of his arrest, Mercado was cooperating with investigators in the homicide case and was released on a recognizance bond. Prosecutors later learned that U.S. Immigration and Customs Enforcement agents picked up Mercado as he left the jail April1, O'Brien said.

The story goes on to tell that Mercado was involved in the murder and would have been charged in that in some way.

What stinks even more is that the O'Brien says this isnt the first time HS has deported a key witness without notification to his office.

This isn't the first time that prosecutors have communicated with local Homeland Security officials about cases that were lost or weakened by the deportation of witnesses, he said

Story



What does this look like to you? Thoughts.

Just watched this story on the local news tonight, ICE was claiming that they never were contacted by anyone from Franklin County requesting that they didn't deport the only witness to a murder.

I thought it was funny, the local news channel said that Franklin county requested that they didn't show any of the photos of the witness because they are afraid someone will kill him in Mexico.

I bet he is dead any way.
I wounder who got him?
not Immigration.
or was he working for them?

reply to post by PersonalChoice



We would have to know how closely ICE and HS worked together but the PA wouldnt tell HS to hold the guy if there wasnt some contact between HS and ICE. I mean heck are we to believe that ICE could say unknowingly deport a wanted and known terrorist becouse they didnt compare notes with HS, FBI or anybody? Sounds like the same crap that was to be taken care of....contact between agencies.

reply to post by buddha


The news there said ICE picked him up outside the jail at some point. His attorney didnt talk with ICE about the case pending? ICE Cant read a computer print out on the guy? Just from a readout they could tell the guy was a fugitive and hadnt done his time or that he was out on he own recog with would suggest that a case was pending. On top of that they can deport with out checking in with locals or HS?

Just to be 100% here, the PA said he did notify everyone(ICE) telling them he was the only witness in a murder case, and not to deport him. ICE denies this flat out.

reply to post by PersonalChoice



Was that in another story? This story says nothing about talking to ICE other than they picked the guy up outside the jail. Read my above post^^

"The local Homeland Security office had been specifically advised by the gang-unit prosecutors assigned to this case that Mercado was the key witness in this case and had been assured that no action would be taken to deport Mercado without notice to the prosecutor's office," O'Brien wrote to the court.

Lets see....Homeland is a bunch of Key Stones.....or they just crap all over smaller authority because they are a law unto themselves.....oh but look how they save us!!


[edit on 22-7-2010 by Logarock]

"ICE has the legal discretion to accept or not to accept persons delivered to it by non-federal personnel," Napolitano said. "It also has the discretion to deport or not to deport persons delivered to it by any government agents, even its own."

In other words they can do whatever they feel like doing even if it interferes with the prosecution of a capital crime on a local level.

This is also good evidence that ICE and HS are working closley.

We imagine that she wouldn't bother bringing this up, unless ICE was planning to implement some new procedure that could stymie the ability of local cops to enforce federal immigration law.

Or any law it looks like.


Another Story

ICE REGULATIONS

“ICE will assume custody of an alien 1) who has been convicted of a State, local or Federal offense only after being informed by the alien’s custodian that such alien has concluded service of any sentence of incarceration;

ICE cant grab up someone and deport them if they have a sentence to pull in a state or local juristiction.

The DHS's agreements with local law enforcement agencies--known as Memorandums of Agreement (MOA)--guide the 287(g) program, which was created in 2003 as an amendment to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The 287(g) program trains and certifies state and local law enforcement personnel to enforce federal immigration law.

The Obama administration says the priority for local law enforcers should be illegal aliens arrested for or convicted of crimes -- not people arrested in task force sweeps simply for being in the U.S. illegally.

Now it looks like they cant even do that. As well it has been established long before the late changes that locals could and could be trained to do so, hold people for ICE. What they want to do now is make it so a cop will just let an illigal go even though they are in violation of a federal statues.

This flys in the face of decades of established procedure. DHS is currently simply refusing to comply.

The new MOA aligns 287(g) local operations with major ICE enforcement priorities—specifically, the identification and removal of criminal aliens. To address concerns that individuals may be arrested for minor offenses as a guise to initiate removal proceedings, the new agreement explains that participating local law enforcement agencies are required to pursue all criminal charges that originally caused the offender to be taken into custody.

MOA

Local law enforcement is required??? Really? But they must be in the fed program in order to do so? Is that it. Otherwisr DHS can just step in and override even if a capitail case is in the works? DHS and ICE are saying in effect that they dont have to consider anything even though that is a violation of thier own directives....which are a sham.


ITS REAL SIMPLE ILLIGALS LIVE IN A SPECAIAL WORLD HERE! COPS JUST CANT DO ANYTHING THAT LOOKS LIKE INFORCING IMMIGRATION LAWS. WITHOUT FED NOD. THEY MUST WAIT UNTILL A CRIME IS COMMITED.

Isnt this a form of citizenship already granted to them? The decisions to inforce immagration laws are arbitrary and out of the hands of any unapproved power. This is a violation of state rights and the feds push to
bureaucraticly skirt the law and the constitution.

These agrements under MOA are simply aggrements to handle illegals they way the feds want them handeled. They will have to call specialy trained cops, fed approved, everytime they encounter an illegal. Any processing do otherwise will be subject and overridden.

Read a classic bit of gov BS here....

BS HERE

ultimately, only those agencies with newly signed agreements will be permitted to continue enforcing immigration law.

DHS cannot do this without violating laws and the foundation of the consitution! They are bureau-rats! The states have the right to reject all of this crap. States simply are not required by the constitution to follow federal guildlines in dealing with illiegals nor are they required to refrain from inforcing laws unless with an approved agent.

they do things like this all the time look at what they did for bin ladens family after 9/11

reply to post by teddster86



Good point I almost brought that up.

All this makes it look like the DHS is working for the Mexican government or worse.

reply to post by Logarock


This seems to be par for the course. when a really bad Mexican man is arrested, he is deported, then he can come back and commit other crimes against American citizens. Have any of you seen those arrest reports where a murderer or rapist has been deported several times before? Here is law, If you commit a crime in this country, you should be punished here, not deported back to freedom. I remember a Mexican man back in Indiana a few years ago. He raped a woman, was arrested and deported. He came back the next year and killed the woman. Then he fled back to Mexico. Is this justice?

reply to post by autowrench



No its not justice. Its almost like they get a bounty for everyone they return. Maybe the DHS is hoping Karma will clean up the mess.


[edit on 22-7-2010 by Logarock]

reply to post by Logarock


Yes it was the same story, what I saw was on NBC4 here in Columbus, and they put up a transcript on the screen of (I believe the response they got from ICE) saying what I posted previously. So maybe it was supposed to say DHS but it definitely said ICE on that news cast.

Either way, It's completely unbelievable that they actually had no clue what they were doing. Bottom line, they helped some guy beat a murder case.