Appeal Lost, Yet Freedom Won
Juan Ramirez Lopez, an illiterate Mexican man accused of smuggling immigrants into the United States, was convicted and lost an appeal. Despite his repeated protestations of innocence -- he insisted he was an immigrant himself who suffered frostbite after he had been deserted by a smuggler -- he was sentenced to 6 1/2 years in prison.
On Tuesday, he finally won, thanks to a dissenting opinion by one appeals court judge that was so persuasive, federal prosecutors decided to drop all charges and set Ramirez free after serving three years. The dissent, by Judge Alex Kozinski of the U.S. 9th Circuit Court of Appeals, pointed out that federal agents had deported to Mexico nine illegal immigrants who had crossed the border with Ramirez -- before they could testify that he was not the smuggler.
Carol C. Lam, the U.S. attorney in San Diego, said she would not comment on how her office decided to free Ramirez. She did acknowledge, however, that the government's action was rare.
"This was very unusual," she said. "We prevailed at trial. We prevailed 2-1 in the 9th Circuit
However, "in light of the circumstances, we felt it was in the best interest of justice to join in the motion to dismiss," Lam said. The prosecutor acknowledged that her office was concerned the appeals court might review the case again and potentially not only free Lopez, but set a precedent that could damage other prosecutions.
Legal experts said they were not aware of any other similar case. "I can't recall another situation where prosecutors won in the trial court and won on appeal and were so afraid of what the appeals court might do [after a rehearing] that they surrendered," said veteran Los Angeles defense lawyer Barry Tarlow.
"Judge Kozinski's dissent beat the government into submission," he said.
During his 17 years as a federal appeals court judge, Kozinski, 52, who was appointed by President Ronald Reagan, has gained a reputation as a smart and outspoken jurist. In the Ramirez case, Kozinski employed both traditional legal arguments and a strong dose of sarcasm to make his points.
"The question at the heart of this case is both simple and important: May the United States get rid of witnesses it knows would provide evidence helpful to the defendant in a criminal case by putting those witnesses beyond the power of the court and beyond the reach of defense counsel?" Kozinski wrote.
- American Charged With Trying to Smuggle 27 Haitians Into U.S. Feb 25, 1994
- Last of 6 Smugglers in Ring Is Sentenced - Courts: They were convicted of secretly bringing in aliens from Mexico and holding them for ransom. They were prosecuted under a law designed to combat international terrorism. Feb 20, 1991
- Grand Jury Accuses 7 of Links to Illegal Alien Smuggling Ring Aug 17, 1990
