Wife of Agent Convicted of "Violating Rights" of Drug Smuggler Speaks Out

Posted: Oct 27, 2011 3:41 PM

Yesterday I brought you the story about U.S. Border Patrol Agent Jesus Diaz Jr. being sentenced to two years in a federal penitentiary by the Obama Justice Department for using "excessive force" and for "violating the rights" of an illegal alien drug smuggler. Now his wife Diana Diaz, who recently gave birth to a baby girl, has given details about the case to radio show host Joe Pagliarulo. Here is a refresher about what happened:

Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.

The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground - a near-universal police technique - while the other agents looked for the drugs.

The allegations against Diaz, 31, a seven-year veteran of the Border Patrol, initially were investigated by Homeland Security's Office of Inspector General and U.S. Immigration and Customs Enforcement's Office of Professional Responsibility, which cleared the agent of any wrongdoing.

Listening to Diaz describe her husband's prison conditions and his treatment from the Justice Department throughout his trial process, it is clear we are treating GITMO detainees with more respect than our U.S. Border Patrol Agents trying to keep Americans safe.