imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

DEA framed Ramsey Muniz

by Free Ramsey Muniz Sunday, Jan. 05, 2014 at 9:15 PM

Legal assistant and activist Ramsey Muniz was framed by the Drug Enforcement Agency

Ramsey Muniz Update

Posted on Saturday, July 17th, 2010

By: Irma Muniz

Dear Friends:

Below are excerpts of the last appeal submitted by Ramsey Muniz.

(See the attached at the bottom of this page)

The appeal cites the trial transcript and describes how the government maneuvered and set up Ramsey Muniz to obtain a conviction at any cost – intentionally, maliciously, and with deceit. Feel free to share this legal document. It is public court information.

The judge did not rule in our favor, but this does not change truth. It does not remove the manner in which the government maneuvered and set up Ramsey Muniz to obtain a wrongful conviction.

We send this information for the sake of our supporters, and to share the facts with the general public. The National Committee to Free Ramsey Muniz asks that readers forward this information to law students and organizations and that are concerned about freeing those who are wrongfully incarcerated.

**************************************************************************

STATEMENT OF FACTS

Ramsey Ramiro Muniz was arrested on March 11, 1994, in Lewisville, Texas. The events leading to his arrest began in Houston the day before that date. (T.R. 197-1990).

On March 10, 1994, Drug Enforcement Administration (DEA) Agent Kimberly Elliott received a telephone call in Dallas from the DEA Office in Houston asking her to maintain surveillance on a man (later identified as Donacio Medina) flying from Houston and arriving at Dallas’s Love field. (Id.). At approximately 6:00 p.m. on that date, Agent Elliott saw a man at Love Field airport fitting the description supplied by the Houston DEA office meet Muniz in the airport. The two of them were met at the curb by a man driving a gray car. (T.R. 100-200, 390). The gray car, with three people in it, was followed north from the airport to the Frisco, Texas, area when the surveillance was discontinued. (T.R. 200).

Soon after the surveillance had been discontinued, Agent Elliott received another phone call from the Houston DEA office during which she was given a telephone and a room number for a Ramada Inn in Lewisville, Texas. (T.R. 201-202). Agent Elliott went to the Ramada Inn at 10:30 p.m. on March 10, 1994, and spoke with some of its employees. (T.R. 202). She learned that Muniz had checked into the Ramada Inn under his own name. She took copies of his business card left by him at the front desk and of the telephone toll records for the motel’s rooms. (T.R. 204-206). Agent Elliott also wrote down the license plate of the card parked in the parking lot. (T.R. 202), Surveillance was discontinued until the following morning.

Page 2 of Appeal

B. Trial counsel failed to raise an entrapment defense when Movant-Appellant acting as a legal assistant became the target of a DEA investigation through his client acting as an informant.

Page 3 of Appeal

In this regard, and based on the facts of this case, Muniz’s initial contention is that the trial counsel failed to request the affirmative defense of entrapment. Muniz asserts that he was induced to violate the law by the activities of Donacio Medina, a government agent. Once Medina decided to cooperate with the DEA in Houston, he was, for the purposes of the entrapment doctrine, acting for the government. United States v. Martinez-Carcano, 557 F.2d 966, 970 (5th Cir. 1977). Thereafter, there was ample evidence of government inducement in the limited sense applicable here. For example, prior to the fact that Muniz accepted the keys from Juan Gonzales and moved the white car from the Ramada Inn to the La Quinta Inn on the morning of March 11, 1994, there was a lot of speculation, innuendo, and conjecture that attempted to show that Muniz knew there was cocaine in the trunk of the white car. But the real issue here is the ultimate question basic to all claims of entrapment: Was Muniz ready and willing to commit the offense if given the opportunity to do so, or was Muniz just an innocent victim of a government set up?

Muniz claims the answers to these questions would have developed better at trial if counsel would have requested the defense of entrapment. Evidence adduced at trial clearly showed that Muniz was in Dallas to visit clients. Medina was a client recommended by Moises Andrade, a prominent businessman from Matamoros, Mexico. (T.R. 969). There is no evidence to show that Medina and Muniz were acquainted prior to their meeting at Dallas’ Love Field. In fact, the evidence proves contrary.

Thus, this transient relationship begs the questions: How often do drug dealers do an 0,000 deal with a perfect stranger? Who supplied the cocaine? Who was supposed to receive the cocaine? Ostensibly, the government is unconcerned. The conclusion is obvious. Medina was supposed to put the cocaine in the hands of Ramsey Muniz. Muniz was the target of the DEA sting operation from its inception. And Medina was the confidential informant who set up the deal.

In its opinion, the Fifth Circuit stated that Agents had reasonable suspicion justifying stop of defendants where agents knew that they were connected with activity of suspected drug trafficker with whom the DEA was negotiating a drug sale. United States v. Gonzales, 79 F.3d 413, 422 (5th Cir. 1996). Indeed, the deal was done insofar as the Dallas’ DEA agents were concerned. Their objective was accomplished. Dallas DEA agents knew from the beginning what was going to happen from the time Medina left Houston until the scheduled meeting with Muniz and the DEA at 10:00 a.m. on March 11, 1994. The DEA through Medina acting as their agent were in complete control of the situation. There is no other explanation why DEA Agent Elliott was able to break off surveillance at 11:00 p.m. on March 10, 1994, and reassemble at 8:45 a.m. the following morning. They knew the cocaine had arrived and was stashed in the trunk of the white car. They knew the cocaine would not be transported during the night because they had scheduled the deal to go down at approximately 10:00 a.m. on the morning of March 11, 1994. They knew Medina would be taken to the airport at Love Field, and they knew that Muniz and Gonzales were supposed to move the car to the La Quinta Inn. They were just waiting for Muniz and Gonzales to get into the car and move it before they could make the arrest under a pretextual investigative stop.

Furthermore, Fed-Ex driver Gallardo testified that he took Medina to the Classic Inn. When Medina did not see the car he was looking for at the Classic Inn, he asked Gallardo to take him to the Ramada Inn in Lewisville, Texas. Presumably, Medina was looking for the white car which had already been moved to the Ramada Inn by Hernandez who was registered at the Classic Inn from March 6 thru 10, 1994. Id. at 424, 425. The question of how the white car arrived at the parking lot of the Ramada Inn was never answered. However, it was confirmed later by Agent Elliott after she wrote down the license plates that the white car was indeed located at the Ramada Inn before she broke off surveillance at 11:00 p.m. on March 10, 1994.

Upon their arrival at the Ramada Inn around 10:30 p.m. on March 10, 1994, Gallardo and Medina saw Muniz carrying a bag of groceries. (T.R. 903). Muniz and Medina went into the lobby together where Medina was hailed by a young man in his mid-to-late twenties. At that time, Medina took leave of Muniz’s company and was not seen by Muniz again until the following morning at approximately 8:30 a.m. Apparently, the young man in his mid-to-late twenties was Danny Hernandez. After parking the white car in the parking lot, he waited for Medina to arrive. All these events that occurred prior to the time that Muniz was arrested after driving the white car happened without Muniz’s knowledge. Knowledge is precisely the element of the offenses charged that was not successfully challenged by defense counsel at trial.

The government has the burden to prove each element of the offenses, and that one element of the offense in question is the “knowing” action by Muniz. The word “knowingly” means that the act was done voluntarily and intentionally and not because of mistake or accident. United States v.Rubio, 834 F.2d 442, 448 (5th Cr. 1987).

www.freeramsey.com

For additional information, contact the National Committee to Free Ramsey Muniz at imuniz1310@earthlink.net.

STATEMENT OF FACTS

Ramsey Ramiro Muniz was arrested on March 11, 1994, in Lewisville, Texas. The events leading to his arrest began in Houston the day before that date. (T.R. 197-1990). [1]

On March 10, 1994, Drug Enforcement Administration (DEA) Agent Kimberly Elliott received a telephone call in Dallas from the DEA Office in Houston asking her to maintain surveillance on a man (later identified as Donacio Medina) flying from Houston and arriving at Dallas’s Love field. (Id.). At approximately 6:00 p.m. on that date, Agent Elliott saw a man at Love Field airport fitting the description supplied by the Houston DEA office meet Muniz in the airport. The two of them were met at the curb by a man driving a gray car. (T.R. 100-200, 390). The gray car, with three people in it, was followed north from the airport to the Frisco, Texas, area when the surveillance was discontinued. (T.R. 200).

Soon after the surveillance had been discontinued, Agent Elliott received another phone call from the Houston DEA office during which she was given a telephone and a room number for a Ramada Inn in Lewisville, Texas. (T.R. 201-202). Agent Elliott went to the Ramada Inn at 10:30 p.m. on March 10, 1994, and spoke with some of its employees. (T.R. 202). She learned that Muniz had checked into the Ramada Inn under his own name. She took copies of his business card left by him at the front desk and of the telephone toll records for the motel’s rooms. (T.R. 204-206). Agent Elliott also wrote down the license plate of the card parked in the parking lot. (T.R. 202), Surveillance was discontinued until the following morning. Page 2 of Appeal

B. Trial counsel failed to raise an entrapment defense when Movant-Appellant acting as a legal assistant became the target of a DEA investigation through his client acting as an informant.

Page 3 of Appeal

In this regard, and based on the facts of this case, Muniz’s initial contention is that the trial counsel failed to request the affirmative defense of entrapment. Muniz asserts that he was induced to violate the law by the activities of Donacio Medina, a government agent. Once Medina decided to cooperate with the DEA in Houston, he was, for the purposes of the entrapment doctrine, acting for the government. United States v. Martinez-Carcano, 557 F.2d 966, 970 (5th Cir. 1977). Thereafter, there wa ample evidence of government inducement in the limited sense applicable here. For example, prior to the fact that Muniz accepted the keys from Juan Gonzales and moved the white car from the Ramada Inn to the La Quinta Inn on the morning of March 11, 1994, there was a lot of speculation, innuendo, and conjecture that attempted to show that Muniz knew there was cocaine in the trunk of the white car. But the real issue here is the ultimate question basic to all claims of entrapment: Was Muniz ready and willing to commit the offense if given the opportunity to do so, or was Muniz just an innocent victim of a government set up?

Muniz claims the answers to these questions would have developed better at trial if counsel would have requested the defense of entrapment. Evidence adduced at trial clearly showed that Muniz was in Dallas to visit clients. Medina was a client recommended by Moises Andrade, a prominent businessman from Matamoros, Mexico. (T.R. 969). There is no evidence to show that Medina and Muniz were acquainted prior to their meeting at Dallas’ Love Field. In fact, the evidence proves contrary.

Thus, this transient relationship begs the questions: How often do drug dealers do an 0,000 deal with a perfect stranger? Who supplied the cocaine? Who was supposed to receive the cocaine? Ostensibly, the government is unconcerned. The conclusion is obvious. Medina was supposed to put the cocaine in the hands of Ramsey Muniz. Muniz was the target of the DEA sting operation from its inception. And Medina was the confidential informant who set up the deal.

In its opinion, the Fifth Circuit stated that Agents had reasonable suspicion justifying stop of defendants where agents knew that they were connected with activity of suspected drug trafficker with whom the DEA was negotiating a drug sale. United States v. Gonzales, 79 F.3d 413, 422 (5th Cir. 1996). Indeed, the deal was done insofar as the Dallas’ DEA agents were concerned. Their objective was accomplished. Dallas DEA agents knew from the beginning what was going to happen from the time Medina left Houston until the scheduled meeting with Muniz and the DEA at 10:00 a.m. on March 11, 1994. The DEA through Medina acting as their agent were in complete control of the situation. There is no other explanation why DEA Agent Elliott was able to break off surveillance at 11:00 p.m. on March 10, 1994, and reassemble at 8:45 a.m. the following morning. They knew the cocaine had arrived and was stashed in the trunk of the white car. They knew the cocaine would not be transported during the night because they had scheduled the deal to go down at approximately 10:00 a.m. on the morning of March 11, 1994. They knew Medina would be taken to the airport at Love Field, and they knew that Muniz and Gonzales were supposed to move the car to the La Quinta Inn. They were just waiting for Muniz and Gonzales to get into the car and move it before they could make the arrest under a pretextual investigative stop.

Furthermore, Fed-Ex driver Gallardo testified that he took Medina to the Classic Inn. When Medina did not see the car he was looking for at the Classic Inn, he asked Gallardo to take him to the Ramada Inn in Lewisville, Texas. Presumably, Media was looking for the white car which had already been moved to the Ramada Inn by Hernandez who was registered at the Classic Inn from March 6 thru 10, 1994. Id. at 424, 425. The question of how the white car arrived at the parking lot of the Ramada Inn was never answered. However, it was confirmed later by Agent Elliott after she wrote down the license plates that the white car was indeed located at the Ramada Inn before she broke off surveillance at 11:00 p.m. on March 10, 1994.

Upon their arrival at the Ramada Inn around 10:30 p.m. on March 10, 1994, Gallardo and Medina saw Muniz carrying a bag of groceries. (T.R. 903). Muniz and Medina went into the lobby together where Medina was hailed by a young man in his mid-to-late twenties. At that time, Medina took leave of Muniz’s company and was not seen by Muniz again until the following morning at approximately 8:30 a.m. Apparently, the young man in his mid-to-late twenties was Danny Hernandez. After parking the white car in the parking lot, he waited for Medina to arrive. Al these events that occurred prior to the time that Muniz was arrested after driving the white car happened without Muniz’s knowledge. Knowledge is precisely the element of the offenses charged that was not successfully challenged by defense counsel at trial.

The government has the burden to prove each element of the offenses, and that one element of the offense, and that one element of the offense in question is the “knowing” action by Muniz. The word “knowingly” means that the act was done voluntarily and intentionally and not because of mistake or accident. United States v.Rubio, 834 F.2d 442, 448 (5th Cr. 1987).



[1] The court reporter did not transcribe the proceedings beginning with the motion to suppress hearing through sentencing on sequentially numbered pages. Instead, the motion to suppress hearing, the trial on the merits, and sentencing each begin at page one. To avoid confusion, the transcripts of the motion to suppress hearing is referred to as “S.R.”, that of the trial is referenced by “T.R.”, and that of sentencing is referred to as “S.T.R.” The reader should note that the suppression hearing continued over several days concluding on July 18, 1994, while voir dire was conducted on July 11, 1994. Trial before the jury began on July 19, 1994.

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

Amy Goodman interview on cell phone safety A08 10:29PM

Mesa, Arizona police officer kills unarmed white man A08 9:50PM

Israeli leaders should be prosecuted for war crimes A08 9:48PM

Paraphysique de l'autorité A08 12:11AM

Two Podcasts on fbi corruption A06 10:13PM

Fbi assassins assault & try to kill DAVID ATKINS A06 7:29PM

EPA Head Scott Pruitt: Of Cages And Sirens A06 2:15PM

The Shortwave Report 04/06/18 Listen Globally! A05 4:25PM

Nicaraguas Conflic with native Peoples on the Caribbean Coast Near Bluefields in Decade80 A05 12:14PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy