LAWMAKER: MAN SHOT BY EX- AGENTS HAD OTHER DRUG CHARGES

The drug smuggler who was shot in the buttocks by two El Paso Border
Patrol agents who went to prison for it was involved in another drug
smuggling attempt, U.S. Rep. Dana Rohrabacher, R-Calif., said.

Rohrabacher said he would talk today in a news conference in
Washington, D.C., about new evidence he said proves that Osvaldo
Aldrete Davila was again involved in drug smuggling after the Feb.
17, 2005, shooting.

U.S. Attorney Johnny Sutton had repeatedly denied knowledge of a
second arrest but Rohrabacher said Sutton's statements were
misleading because Aldrete Davila was not arrested either time.

"Johnny Sutton's play on words to imply the second offense didn't
occur or was not relevant to the case is dishonest. Only an
unscrupulous lawyer would believe this is an acceptable tactic,"
Rohrabacher said in a written statement.

Rohrabacher said Sutton was briefed by the Drug Enforcement
Administration about Aldrete Davila's "direct involvement" in a
second offense. Officials with the U.S. Attorney's office said they
can't comment on sealed matters.

Aldrete was talked into coming back to the United States and
testifying against the agents with the promise that he wouldn't be
arrested for the marijuana found in his abandoned van.

Rohrabacher said Sutton's alleged omission was part of his attempt to
"paint a benign picture of the drug smuggler" who was given immunity
to testify against former agents Ignacio Ramos and Jose Alonso
Compean. Ramos was sentenced to 11 years in prison and Compean to 12
for violating Aldrete Davila's civil rights and for tampering with
evidence. Both are appealing.