Death Records Now

CNSNews.com) – Attorney General Eric Holder has directed prosecutors in a federal conspiracy and murder trial not to seek the death penalty for three El Salvadoran men who are in the United States illegally.

The three are accused of robbing and shooting Claros Luna on July 29, 2009 in Alexandria, Va., just a few miles from the Justice Department, as Luna transported a prostitute from Maryland to Virginia.

The suspects, Eris Arguera, Alcides Umana and Adolfo Amaya Portillo, admitted to being members of the MS-13 gang, court documents show. They were indicted on Nov. 24 on federal racketeering and murder charges.

A Justice Department spokeswoman told CNSNews.com that the department would not comment on Holder’s decision not to seek the death penalty in the case. She directed CNSNews to an online “resource manual” stating that the attorney general’s decision-making process and final decision on whether to seek the death penalty is confidential.

But the manual also states that no information on the process can be disclosed outside the Justice Department “without prior approval of the Attorney General.”

According to court documents, in a letter dated Feb. 3, 2010, Attorney General Holder “authorized and directed” U.S. Attorney for the Eastern District of Virginia Neal McBride “not to seek the death penalty against Alcides Umana, Adolfo Portillo and Eris Ramon Arguera.”

McBride filed a corresponding document – Government’s Notice of Intent Not to Seek the Death Penalty – on Feb. 16.

Peter Carr, a spokesman for the U.S. Attorney’s Office in Virginia, told CNSNews.com that Holder, as U.S. attorney general, makes death penalty decisions in federal cases. “The decision to pursue or not pursue the death penalty in a death-eligible case resides with the Attorney General, not the U.S. Attorney,” Carr said.

Court documents indicate that the death penalty at one time was being considered in the Salvadorans’ case.

Early on, a court-appointed attorney for one of the defendants was dismissed because he did not have the proper certification for a trying a death penalty case. Also, attorneys for one of the defendants entered a motion on Feb. 18 seeking to use a questionnaire that would eliminate jurors who might discriminate against Latinos. That questionnaire alluded to the death penalty.

Another motion by defense attorneys sought to keep gang affiliation from being part of the trial because of the possibility that it might bring a death sentence.

(Other questions for potential jurors included, “Do you believe people born in Central or South America deserve a lesser standard of justice or greater scrutiny because they are probably not really supposed to be here in the first place?” and “Do you believe people born in Central or South America deserve harsher punishment if they commit a crime because they are already accustomed to being uncomfortable and deprived?”)

An FBI press release issued the day after the three men were indicted by a grand jury stated that the case was under investigation by the FBI, Alexandria Police Department, Fairfax County and Arlington County Police Departments and the U.S. Immigration and Customs Enforcement (ICE).

ICE spokeswoman Cori Bassett said the immigration agency filed paperwork to begin deportation proceedings in case the men are not convicted or if they are released on parole. If that happens, the Salvadorans would be remanded to ICE custody.

“We do not have any record of ICE encounters with the individuals prior to 2009,” Bassett added.

The trial is set to begin on May 10 http://www.cnsnews.com/news/article/63534

Will Napolitano sent them a thank you card…………w/ a personal note “welcome to Amercia, here’s how to get on the gravy train.“

Dee gangs weel keel heem.

Will this open the doors to other families who have had family members who were victims of illegal aliens?

Do you agree that these cities should be held responsible when they release a known illegal alien with criminal records back on the streets?

What is your opinion on this decision?
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Judge Lets Victims’ Kin Take City of S.F. to Court

San Francisco Chronicle
Bob Egelko, Chronicle Staff Writer
Monday, September 14, 2009

SAN FRANCISCO — The family of a father and two sons who were slain in San Francisco last year can go to state court with a claim that the city is to blame for failing to turn their alleged killer over to immigration authorities when he was arrested earlier as a juvenile, a federal judge has ruled.

City Attorney Dennis Herrera had asked U.S. District Judge Susan Illston to rule on the claim herself after dismissing the rest of the suit last month by Tony Bologna’s widow and daughter. But Illston said Friday that the remainder of the family’s case – that the city’s negligence caused the killings – belongs in Superior Court because it is based on state law and challenges San Francisco’s policies.

Bologna, 48, and his sons Michael, 20, and Matthew, 16, were shot to death near their home in the Excelsior district in June 2008. Edwin Ramos, 22, is charged with murdering them.

Ramos, a native of El Salvador whom prosecutors describe as a member of the MS-13 gang, was arrested twice as a juvenile, for an assault in October 2003 and an attempted purse-snatching in April 2004. Juvenile courts sent him to a shelter after the first incident and to the city-run Log Cabin Ranch in the Peninsula hills after the second.

Case records don’t show whether police or juvenile courts knew that Ramos had entered the United States illegally. But under juvenile authorities’ interpretation of the city’s sanctuary policy at the time, they would not have passed that information along to federal immigration officials. Federal authorities learned of Ramos’ status later but did not take him into custody for deportation proceedings.

The family’s lawsuit says the city was responsible for the shootings because its policy allowed Ramos to go free.

Last month, Illston rejected the family’s claim that the city’s actions violated the shooting victims’ constitutional right to due process of law. She said the city might be held to account if it knew Ramos posed a specific threat to the Bolognas, but not for releasing someone who allegedly endangered a large segment of the public.

Herrera’s office urged Illston to address the negligence claim as well, arguing that it was governed by the same legal standard: a requirement that the plaintiffs show city officials knew the Bolognas were in danger and had a duty to protect them.

But Matthew Davis, the family’s lawyer, said Monday that California law makes it easier to hold government officials accountable for allegedly harboring illegal immigrants or preventing police from reporting them to federal authorities.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/14/BAC519N0BR.DTL#ixzz0R7F5VzHR

Yes. When the criminal illegal alien was released the chances were very high he would re-commit.
The city is responsible. They chose to disregard his illegal status, even though he was a criminal. They released him into the public. If they had deported him and he re-entered then I would say the city was not responsible.
If I have a vicious dog and I release it on the street and it bites someone I am responsible and can be sued.

In Montgomery County gangs have often cropped up in the form of pack robberies — roaming gangs of youth who rip off people’s wallets and cell phones — instances of which started climbing in late 2007, driving up the county’s crime rate.

In 2008, the year covered by the council’s report, county jail officials cited pack robberies as the cause of a record high jail population.

One robbery would net three to five arrests of mostly young men between 18 and 25 years old.

Gangs in Montgomery County have also taken violent action. In November 2008, a 14-year-old boy was gunned down on a county bus by an MS-13 gang member. In early 2009, a 15-year-old Hyattsville boy was abducted by 18th Street gang members, who believed he was a member of rival MS-13, and found stabbed to death in Gaithersburg.

Jon Feere, a legal policy analyst for the Center for Immigration Studies, noted that the Montgomery County Council report cited a 12 percent reduction in violent crime in Fairfax County from 2006 to 2008, compared with a 5 percent drop in Montgomery during the same period.

"It is possible that Virginia’s statewide efforts at discouraging illegal immigration have resulted in a greater decrease in violent criminal activity, particularly when it comes to the issue of criminal alien gangs like MS-13," Feere said.

fklopott@washingtonexaminer.com

Does the present of MS 13 whom the open borders declares are harmless do you consider MS 13 harmless are do they have a chip on their shoulder ? Does this show when the laws are relaxed in cities who refuse to even consider anyone is illegal, how come their is an increase of crime in Maryland counties where police are helpless and cannot do anything until,until something serious happens and even then questioning status the open border protests does not need to be included in any crime investigation, why do they think, that illegal Immigration is a viticmless crime for Americans ?

It is not a separate issue when these are all illegal criminals and they want amnesty and the dream act passed for people like this. Why are they not listed as a hate group. I say bring in the military on all these gangs, especially these illegal criminals. Give us free reign and I will re-enlist.

Will the execution-style murder of three young students in Newark, N.J., finally turn the tide in the immigration-enforcement debate? Will we at last abandon the deadly, chaotic, lawless sanctuary-nation experiment and restore America’s lost status as a sovereign nation under the rule of law?

The death of six innocent men and women and the injury of more than 1,000 at the hands of several illegal alien 1993 World Trade Center bombers wasn’t enough to convince politicians in New York and across this country to end illegal-alien sanctuary policies.

The death of nearly 3,000 innocent men, women, and children at the hands of the 9/11 jihadists who exploited our lax entrance and visa-enforcement policies in 2001 wasn’t enough.

The death of ten innocent men and women in the Washington, D.C., area at the hands of an illegal-alien sniper and his bloodthirsty mentor in 2002 wasn’t enough.

But now we are in the heat of a presidential-election cycle. The open-borders opportunists in immigration-enforcement clothing are professing to see the light. With illegal-alien murder suspect Jose Carranza and his alleged MS-13 gang-banging boy helpers who are being sought in the brutal Newark murder case dominating the news on the eastern seaboard, politicians can’t find a camera fast enough to condemn the very sanctuary policies they promoted and tolerated for decades — sanctuary policies I’ve highlighted for years in this column.

Amnesty-first GOP presidential candidate John McCain is now singing the enforcement-first tune. And GOP presidential hopeful Rudy Giuliani vowed Tuesday to stop the flow of illegal immigrants into the U.S.

He’s touting a “tamper-proof ID card” that includes fingerprints for everyone entering the country and a central database to track when they leave.

What Rudy-come-lately fails to comprehend is that there are already multiple alien tracking databases mandated by federal law that have yet to be fully implemented, integrated and used. The reason they don’t work is because open-borders interests have sabotaged them by restricting funding for them, objecting to them on civil liberties grounds, and pushing local and state governments to forbid public employees from checking them to verify citizenship status. Ring a bell, Rudy?

Giuliani’s newfound border security zeal is intended to blunt criticism by GOP rival Mitt Romney of Giuliani’s pro-sanctuary record as NYC mayor. Giuliani has issued Clintonian denials that he supported sanctuary. But the record is clear. New York City’s sanctuary policy was created in 1989 by Democrat Mayor Ed Koch and upheld by every mayor succeeding him. When Congress enacted immigration reform laws that forbade local governments from barring employees from cooperating with the INS, Giuliani filed suit against the feds in 1997. He was rebuffed by two lower courts, which ruled that the sanctuary order amounted to special treatment for illegal aliens and was nothing more than an unlawful effort to flaunt federal enforcement efforts against illegal aliens. In January 2000, the Supreme Court rejected his appeal, but Giuliani vowed to ignore the law.

To this day, the city’s policy of safe harbors for illegal immigrants stands. Giuliani successor Michael Bloomberg defiantly reiterated the official sanctuary posture of NYC this week: “Let ‘em come.” Could he be more callous, cavalier and out of touch in a post-9/11 world?

From New York to Newark to Seattle to Portland to San Francisco to Los Angeles to San Diego to Houston to Miami, lawmakers have taken this go-with-the-flow attitude toward illegal alien border-crossers and visa overstayers and deportation fugitives. “Let ‘em come.”

But in the wake of the Newark murders and the illumination of illegal alien gang crime penetrating the country, a new rallying cry came from the lips of Newark Mayor Cory Booker: “Get this evil out of my city.” That won’t happen without a demonstrated commitment to cooperate with the feds to enforce immigration laws and deport violent and dangerous criminal aliens first.

A few weeks ago, I launched deportthemnow.com. Nearly 8,000 volunteers have signed up to make their voices heard. Our top priorities will be to push for the adoption of a program known as 287(g) to identify criminal illegal aliens in as many cities as possible; to repeal “don’t ask-don’t tell” sanctuary laws; and to support lawmakers like Newark City Councilman Ron C. Rice, who is pushing a resolution to coordinate efforts between law enforcement when an illegal immigrant is charged with a felony, and New Jersey Assemblyman Richard Merkt (R., Morris), who proposed prohibiting jail officials from releasing illegal immigrants and requiring them to be remanded to federal authorities.

It’s time for ordinary Americans to come out of the shadows and remind Washington every day in words and actions that we are a sovereign nation, not a sanctuary nation.

No more promises. No need to wait for Election ‘08. Just do it.

That’s quite a diatribe of unrelated events.
Don’t expect that revolution any time soon.