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A Border Patrol agents tonight is behind bars and I Texas prison sentence for doing his job.
Arresting an illegal -- who was smuggling drugs -- crossed the Rio Grande into the United States.
The agent faces the -- is serving two years in federal prison for violating the suspects' civil rights.
Allegedly because he lifted the arms of the -- while handcuffed and inflicted.
Pain now -- India houses wife also -- Border Patrol agent is -- taking care of their four children.
And wondering how in the world that justice system failed them all together.
Congressman Duncan potter is among those outraged over the dios case -- call for a full investigation.
And has sent a letter to the attorney general Congressman Hunter writing quote.
I believe that you -- -- to the men and women of our nation's Border Patrol to set the record straight.
And explain why a two year prison term is an appropriate punishment region -- -- smugglers and criminals are doing everything they can to evade our nation's security.
Into illegally -- the United States joining us tonight is I hate groups the -- wife horticultural field operations supervisors.
Dips thanks for being here -- -- we appreciate.
Thank you for having me.
I -- let's let's get right to -- your husband was exonerated by the office of professional responsibility.
In this case he was exonerated.
By the inspector general.
Office in this case.
A four year later.
A four year later.
The internal affairs brought this case.
At the urging of the Government of Mexico is that a correct is that a correct summation.
-- -- -- and in that trial.
The judge prescribed.
Certain pictures of the suspect.
Well in this case actually the witness against your husband who was given immunity to testify against the US Border Patrol agent in this -- husband.
And no explanation is -- is to walk.
So that -- photos show as I understand it no marks of any kind on.
The young man's body.
Except that the marks from the backpack.
On his shoulders the straps -- across the -- -- from -- drugs across the river.
What are your thoughts.
That is correct that thought I was on the individualist just -- marks.
And with that he's convicted.
The judge in this case the judge of Leo -- Ludlum.
What did she say to the jury -- what is it that convicted your husband persuaded a jury.
To convict him.
Well it was her jury instructions.
On the excessive force should -- -- -- on if my husband inflicted pain.
On the -- -- and then he had to be found guilty.
-- point blank then if the if the young man said he was in pain for any reason at all.
Then your husband was automatically guilty.
That was the instruction.
And that was it and he did say that he felt pain.
So any law enforcement officer in the country.
Brought before a jury in the same situation.
All the suspect would have to say as I felt pain and they would according to the judge in this case -- Ludlum.
I can even imagine the number of law enforcement officers then would be in jail.
Based on the testimony of a suspect.
A saying that he or she felt -- that seems a bizarre.
Now yes because now my husband's.
Trial and -- case law so a lot we don't even know Khamenei officers.
They they can prosecute now because they have case -- -- -- congresswoman Michelle Bachmann has said she's going to investigate the case.
The have you heard from.
From your and your congressman there and Texas.
Have you heard from any of the senators there.
-- by the way we checked with all of the network affiliates.
In the area of Eagles past which is -- and if we can put up a map here just to show you where this trial took place.
Which is about a hundred miles south and San Antonio the do we have there were very habit.
About a hundred miles south of San -- -- Now -- single.
Affiliate in San Antonio the closest news market.
-- the trial took place.
Covered this case not ABC NBC CBS the -- -- expressed no one in this case.
Telling us by the way we talked to them to find -- -- there was no coverage not a newspapers not in.
Not -- radio or television.
It was quote -- under their radar.
This is the most bizarre.
If you will news blackout -- -- case I've ever seen.
Yes we were also -- area.
Said back as to why nobody was picking up the case as it was.
Taking it was awful thing because it will at the first trial there was one reporter there.
But then after that we heard nothing from the media there wasn't for -- our meters and and now Fox News.
And people like yourself -- putting out there nobody would know.
That -- quarters ago from here.
Do you feel like -- getting help.
We've heard from congressman Canseco.
As saying that he believes strongly.
That -- -- that this is got -- chilling effect on the Border Patrol.
Agents we've as I said our Congressman Hunter congresswoman Bachmann people are starting to step up here.
Are you hopeful tonight.
Now we are thanks to like I -- individuals like yourself.
Now the word is getting out people are starting to listen people are starting to find out about the story.
Getting more more calls.
And I talked to him yesterday I want to go see him and he's very.
Upbeat now now that I can telling me now.
People are calling people want to know your story.
And -- to Begin you wouldn't put anything out there locally because he is.
In -- facility there in my home town he's exactly 3.2 miles away from my house that's as far as I have to drive to see him.
So are now that this is coming to light he's a lot more -- -- because he's very hopeful that.
To -- everybody's help he can he can get out.
And one of your four children he hasn't even -- -- correct.
And that's a that is right he's he has admit the the baby I was in a half months pregnant when he was convicted.
I had heard two weeks after.
He was convicted.
Well beautiful children.
And we congratulate -- on them and we wish him.
And -- -- the very best we will continue.
To follow your story and we guarantee you.
Plenty of -- will be shed from here -- Diana we thank you so much -- -- Well this is much.