[This is the Houston Chronicle's version of the story previously
posted by Alan Bryan.]

Source: Houston Chronicle, page 1
(http://www.chron.com/cgibin/auth/story/content/chronicle/page1/
97/08/14/border.21.html)
Contact: viewpoints@chron.com

Reno taken to task over border case

Justice 'obstructed' inquiry, says Texan

By BENNETT ROTH
Copyright 1997 Houston Chronicle Washington Bureau

WASHINGTON A Texas congressman Wednesday accused the Justice
Department of obstructing his efforts to investigate the Border
Patrol's involvement in the shooting death of a high school
student near the Mexican border last May.

Rep. Lamar Smith, RSan Antonio, chairman of the House panel
overseeing immigration issues, sent a fivepage letter to
Attorney General Janet Reno complaining of lack of cooperation
from her department.

"For two months my congressional oversight has been obstructed by
a neverending series of useless referrals, unreturned phone
calls and broken promises," Smith said.

Justice Department spokeswoman Carole Florman responded, "We will
read Congressman Smith's letter and work with him to provide the
best information we can."

The case involves the killing of 18yearold Esequiel Hernandez
by a Marine who was part of an antidrug operation patrolling the
border near Redford, Texas.

Cpl. Clemente Banuelos of Camp Pendleton, Calif., claimed he was
acting in selfdefense after Hernandez, who was watching over his
herd of goats, fired his rifle toward the soldiers.

His family contends that the youth, who sometimes used the rifle
for target practice, may not have known he was firing in the
direction of the Marines, who were in full camouflage.

In the wake of the shooting, the Defense Department announced it
was suspending its part in the patrols pending a review of the
rules of operation.

Smith issued his letter a day before a grand jury is to convene
for a second time in Marfa to consider whether Banuelos should
face criminal charges.

The Justice Department is also looking into whether Hernandez's
civil rights were violated.

Smith, who expects to hold a hearing in September on the issue,
has been trying to find out whether the Border Patrol should have
warned the Marines about potential problems in the area and
provided better backup after the shooting occurred. The Border
Patrol comes under Justice Department jurisdiction.

In his letter, Smith charged that, despite two briefings with
Border Patrol officials, he had not been provided with the
answers to key questions.

He contrasted his treatment by the Border Patrol with the
response from the Defense Department, which provided a
"responsible and detailed briefing," according to Smith's letter.

Among the specific questions Smith said he wanted answered were:

* Why the Marines on patrol were not informed that there had been
an incident in February where Hernandez apparently fired at
agents because he believed they were threatening his goats. "The
Border Patrol, as the law enforcement agency which ordered the
mission and which was most familiar with the border area and the
nearby communities, had a clear duty to brief the Marines
thoroughly," Smith wrote.

* Why it took the Border Patrol 38 minutes to arrive at the scene
after Marines reported by radio that Hernandez was shooting at
them. Smith said that agents were required to respond within 15
minutes.

* Why the agents, once they reached the scene, failed to take
charge and defuse the potential for violence.

* Why it took so long to get medical help for Hernandez. The
Texas Rangers, who are investigating the incident, said no one
called for aid until 22 minutes after the shooting.