I guess maybe he shouldn't have done that radio show...




----- Original Message -----
From: "Robert Millegan" <roadsend@...>
To: <cia-drugs@yahoogroups.com>; <ctrl@yahoogroups.com>
Sent: Monday, July 13, 2009 10:23 AM
Subject: [cia-drugs] FW: Cele Castillo ordered to report to federal prison


>
> ------ Forwarded Message
> From: Sardar <sardar@...>
> Date: Sun, 12 Jul 2009 15:57:55 -0700
> To: Sardar <recon1968bravo@...>
> Subject: Cele Castillo ordered to report to federal prison
>
> Cele Castillo ordered to report to federal prison
> a.. Text size
> b..
> c..
>
> Bill Conroy
> The Narcosphere
> July 12, 2009
> Iran/Contra whistleblower Celerino Castillo is being sent directly to jail
> in the aftermath of his encounter with the buzz saw of Texas justice.
>
> Despite being represented by an attorney, Robert E. De La Garza, who has
> been suspended by the State Bar of Texas for misapplying clients' funds,
> the federal judge in Castillo's case, at the urging of the government
> prosecutor, determined that there is no evidence of Castillo's defense
> being
> tainted by the stink of ineffective assistance of counsel.
>
>
>
>
> Celerino Castillo
>
> The fact that the same attorney's son is facing federal gun charges,
> similar
> to those brought against Castillo, also has been deemed by the judge to be
> little more than an "inference" of a conflict of interest on the part
> Castillo's attorney. Hence, the judge, at a hearing held Friday, July 10,
> 2009, in federal court in San Antonio, Texas, ruled that Castillo is not
> likely to succeed in the appeal of his conviction now pending before the
> Fifth Circuit U.S. Court of Appeals.
>
> As a result, the judge - after extending in mid-February Castillo's
> report-to-prison date by some four months due to the very same ethical
> concerns raised about his attorney - did an about face at the July 10
> hearing and ordered that Castillo report to prison on July 30 - to begin
> serving a 37-month sentence for violating federal firearm regulations, a
> sentence enhanced due to the judge's apparent belief that Castillo sold
> weapons in Mexico.
>
> Castillo, a self-proclaimed gun enthusiast who frequents gun shows,
> concedes
> he did sell some legally purchased guns absent the proper federal
> paperwork.
> However, he stresses none of those weapons were sold to prohibited
> purchasers (i.e., convicted felons) and he vehemently denies that any of
> those guns were sold in Mexico - nor is there any convincing evidence to
> the
> contrary, beyond prosecutorial inference, that has been produced by the
> state.
>
> Castillo, as well as other law enforcers who spoke with Narco News,
> contend
> the federal prosecutor in the case turned Castillo's paperwork violation
> (selling legally purchased weapons without a firearms-dealer permit) into
> a
> federal arms-trafficking case as payback for his whistleblowing activity -
> for exposing the CIA and White House's complicity in arms- and
> narco-trafficking as part of the Iran/Contra scandal that played out
> during
> the administration of Ronald Reagan and George H.W. Bush.
>
> The key to the severity of the prison sentence meted out to Castillo - who
> is a former DEA agent and decorated Vietnam veteran with no prior criminal
> record - is that the prosecutor in his case argued, and the judge seemed
> convinced, that Castillo was likely trafficking weapons in Mexico - and by
> implication to members of narco-trafficking cells.
>
> But Narco News recently obtained documents (letters now filed with the
> Department of Justice) that allege the judge in Castillo's case was
> mislead
> about the trafficking charges by the prosecutor in the case - which was
> initiated under the reign of U.S. Attorney Johnny Sutton (a "dear friend"
> of
> former president George W. Bush), who recently left the post to take a job
> in the private sector.
>
> Those documents also show that after the federal judge, W. Royal Furgeson
> Jr., was made aware of that allegation, he chose to chastise Castillo for
> bringing those charges to his attention outside the proper channels.
> Subsequently, Furgeson then revoked Castillo's bail at the July 10 hearing
> and ordered him to report to prison to serve out an extreme sentence based
> on the allegedly misleading - possibly perjured - statements advanced by
> the
> federal prosecutor, Mark T. Roomberg.
>
> The Allegations
>
> On Oct. 22, 2008, Judge Furgeson sentenced Castillo to 37 months in prison
> after Castillo accepted his second plea deal with the prosecutor,
> Roomberg.
> The first set of charges against Castillo had to be dismissed because the
> government determined after the fact that they had applied the law
> improperly .
>
> Castillo says he agreed to plead out a second time (to dealing firearms
> without a license) under the threat of multiple additional counts being
> brought against him by the government if he did not sign on the dotted
> line,
> and because his attorney, De La Garza, assured him that under the new plea
> deal he would retain his DEA and other benefits and he would receive a
> light
> sentence as a first-time offender - likely probation.
>
> However, at the sentencing hearing on Oct. 22, 2008, after that second
> plea
> deal was signed, the prosecutor Roomberg came at Castillo with teeth
> bared,
> arguing that not only did Castillo sell firearms without a license, but
> that
> he likely was engaged in illegal arms trafficking - indicating to the
> judge
> that Castillo had been less than cooperative in disclosing to whom he had
> sold the weapons.
>
> In fact, Castillo says the government had no evidence that he had sold
> guns
> to anyone, other than his own admission, and he stresses that his lawyer,
> De
> La Garza, did provide Roomberg with the full name of the individual who
> purchased the guns.
>
> Castillo lays all of this out in a letter sent to Judge Furgeson (dated
> May
> 1, 2009, and recently obtained by Narco News). That same letter, including
> evidence to back up the allegations, Castillo says, also has been
> delivered
> to the Department of Justice's Office of Inspector General and to the
> DOJ's
> Civil Rights Division. In addition, Castillo says he wrote a letter to
> Attorney General Eric Holder making him aware of the allegations of
> prosecutorial misconduct in his case as well.
>
> From Castillo's letter to the judge:
>
> ROOMBERG made a federal case that I had not documented any names of the
> people [to whom] I had sold guns. I was given 4 point [sentencing
> enhancement] for trafficking because ROOMBERG had once again lied.
>
> . My attorney once again assured me that there was no reason why Your
> Honor
> [Furgeson] would not place me on probation, because I had no previous
> criminal record plus my health issues [a chronic heart condition and Post
> Traumatic Stress Disorder] would be brought under consideration. He stated
> that in the worst scenario, I would get one year, (home confinement)..
>
> . ROOMBERG also knew exactly whom the guns went to because the [federal]
> agents had followed me when I delivered the shotguns. Two agents, from two
> different agencies [ATF and ICE] have written reports [REPORT OF
> INVESTIGATION] to that effect with the full name and telephone numbers of
> the individual who took custody of the guns. Now may there be no mistake
> that the individual who took custody of the guns did in no way shape or
> form
> break the law by taking custody of the guns. He was not a prohibited
> person
> and the government knew this to be a fact.
>
> . I know that if Your Honor had heard the truth; I would have probably
> fallen into the probation level of the federal guidelines. Now I can prove
> that ROOMBERG lied to Your Honor, with DE LA GARZA'S handwritten notes and
> the two agents' reports.
>
> Castillo explains that in De La Garza's notes from a meeting he had with
> Roomberg on June 26, 2008, is the name of the individual who purchased the
> weapons. Castillo says De La Garza told him that Roomberg was provided
> with
> that individual's full name and address at that meeting, as the attorney's
> notes reflect, and that Roomberg that day ran the individual's address
> through the Internet to generate a map of that address.
>
>
>
> In addition, Castillo claims the federal agents in his case seized his
> cell
> phone, and that the individual's contact information was in the contact
> list
> on that phone, as well as a record of calls made to the individual. He
> contends Roomberg also would have had access to that information.
>
> In his letter to Judge Furgeson, Castillo includes excerpts from
> Roomberg's
> argument before the judge at the Oct. 22, 2008, sentencing hearing, which,
> he claims, proves that Roomberg misled the judge.
>
> From the Oct. 22 hearing transcript, according to Castillo's letter to
> Judge
> Furgeson:
>
> Roomberg:
>
> The defendant - and normally I don't discuss this in open court - but the
> defendant raised the issue that he spoke with us and told us the person
> who
> he bought and sold most of these guns to. The defendant gave us a nickname
> and a general area, nothing that we can do anything with.
>
> . We would love to know who these people were; we would love to have had
> Mr.
> Castillo tell us more than just a nickname and a general area where this
> person lived. He didn't. And if he [is] dealing all these firearms with
> this
> person and can't give us more than a nickname, then I don't know how he's
> identified that person.
>
> . This person who has dealt the majority - what he just said in court, the
> majority of these guns he only knows by a nickname and a general area
> where
> they live and. so it's our position that he had reason to believe these
> were
> going to be - the transfers were unlawful or that who they were going to
> would . dispose of firearms unlawfully. Again, we're talking about the
> defendant who's dealing these guns out of McAllen right there on the
> border.
> The types of guns are the FN 5.7 and the P 90, which are the assault
> rifles.
>
> Castillo, in the letter to Judge Furgeson, makes the following allegation
> concerning Roomberg's representations [above] to the judge at the Oct. 22
> sentencing hearing:
>
> ROOMBERG addressed to the court that the government had no idea who the
> guns
> went to and that they only had a nickname to go by. ROOMBERG
> intentionally,
> knowingly, and recklessly lied to the court. ROOMBERG lied about the P90
> rifle. This weapon is nowhere to be found in my case. He just plain made
> up
> this allegation.
>
> As a result of Roomberg's allegedly misleading statements to Judge
> Furgeson,
> Castillo argues, the judge was led to believe that some of the guns at
> issue
> were, in fact, sold to narco-traffickers in Mexico, resulting in the judge
> imposing a much more severe sentence - which, besides the 37 months jail
> term, also resulted in Castillo losing his DEA and other benefits, despite
> Roomberg and De La Garza's promises to Castillo to the contrary.
>
> De La Garza told Narco News in a recent phone interview that if he were
> called to testify in a hearing about Roomberg's actions, he would testify,
> that, in his opinion, "Roomberg misrepresented the facts at the sentencing
> and the judge was mislead" as a result.
>
> And Castillo, in his letter to Judge Furgeson [as well as those delivered
> to
> DOJ], makes clear that he believes Roomberg's actions in his case do merit
> an investigation:
>
> Sir, there are several serious issues that needs to be address because I
> was
> told that they would not be address in my appeal process. My public
> defender
> [Judy F. Madewell] has decided to appeal my case on the grounds of
> "ineffective representation."
>
> . One of the most significant concerns is Assistant United States Attorney
> Mark ROOMBERG'S prosecutorial misconduct.
>
> . In the last hearing, you commented that it was despicable for someone to
> take guns into Mexico, which I certainly agree and it was well taken.
> However, what I find most despicable, in my own opinion, is that ROOMBERG,
> an officer of the court, and who took an oath to protect the Constitution
> of
> the United States, made a mockery of your court.
>
> On April 10, 2009, my official complaint against the government was hand
> carried by two veteran's organization, Americas Last Patrol and a member
> of
> American G-I Forum, to the Office of Inspector General and the Civil
> Rights
> Division at the Department of Justice. I am requesting for an inquiry of
> how
> my case was handle by the prosecution. However, I am still fearful that
> the
> old guard is still present and will protect ROOMBERG.
>
>
> a.. A d v e r t i s e m e n t
> b..
> Narco News previously attempted to contact Roomberg for comment on
> Castillo's
> case, leaving a message on his answering machine. To date, Roomberg has
> not
> returned the call.
>
> Judge Furgeson replied to Castillo's letter outlining the allegations
> against Roomberg in a letter dated May 20, 2009 , which states simply:
>
> You have an appointed lawyer to represent you. You must communicate to me
> through her. It is not proper to write directly to me.
>
> Castillo's attorney, Judy Madewell, and Roomberg were cced a copy of Judge
> Furgeson's reply to Castillo.
>
> Castillo points out that the only reason he wrote directly to the judge in
> his case is because his attorney, Madewell, declined to bring up the issue
> of prosecutorial misconduct in his appeal or in proceedings before Judge
> Furgeson.
>
> Madewell declined to comment for this story.
>
> Process over truth
>
> At a hearing held before Judge Furgeson on Feb. 19, 2009, Roomberg again
> alleged that Castillo sold guns "to people that he didn't know and
> couldn't
> even really identify" and also alleged that two of the guns sold by
> Castillo
> "have now been found in Mexico." Roomberg provided no serial numbers for
> those weapons and alleged in his brief for the court that one of those
> weapons was a PS 90 assault rifle.
>
> Madewell, in her rebuttal at that hearing, pointed out to the court that
> in
> "the government's response [brief] they mention two guns, one of which was
> an FN PS 90 assault rifle, but if you look in [Castillo's] plea agreement
> or
> the indictment, there's no such weapon indicated [included]."
>
> Castillo says the PS 90 is an earlier version of the FS 2000 rifle, which
> is
> referenced in the indictment. However, he claims if that is the weapon
> Roomberg claims was found in Mexico, then he can prove the prosecutor
> again
> mislead the court.
>
> "That rifle is still in the United States, and if there is an official
> inquiry into this matter, that weapon will be produced," Castillo says.
>
> And again, at the recent hearing on July 10, in which Castillo's bail was
> revoked and the judge ordered him to report to prison on July 30, Roomberg
> again made statements that seem intended to convince the judge that
> Castillo
> had sold guns to narco-traffickers in Mexico.
>
> "It is bad for the United States for the defendant [Castillo] to remain
> out
> n bond when he is guilty . and he sold guns that are illegal and dangerous
> .
> and used to shoot people with body armor, police, down there [in Mexico]
> who
> are fighting the war on drugs," Roomberg stated at the July 10 hearing.
>
> But in the courtroom that day, the issue of prosecutorial misconduct was
> not
> on the table. The judge was considering only whether Castillo should
> remain
> free on bond based on what Castillo's attorney, Madewell, had raised as an
> issue in her brief now pending before the Fifth Circuit U.S. Court of
> Appeals, and that was the issue of the alleged misconduct by Castillo's
> attorney, De La Garza.
>
> The judge conceded that De La Garza had never informed the court of the
> fact
> that, while representing Castillo, he was facing disciplinary action from
> the Texas State Bar for allegedly misappropriating clients' funds - and
> that
> his law license was to be suspended effective Nov. 1, 2008. The judge also
> conceded that an "inference" of a conflict of interest exists due to the
> fact that De La Garza's son, Andrew, was facing federal firearms charges
> at
> the same time the attorney was representing Castillo - and that at least
> one
> of the agents involved in Castillo's case also was active in the son's
> case
> (though Castillo claims it was, in fact, two agents).
>
> However, in the end, Judge Furgeson determined that there simply was not
> enough evidence in the existing court record to show that there was an
> "actual" conflict of interest that would lead the appeals court to find
> that
> De La Garza provided ineffective assistance of counsel.
>
> "I believe it is not likely that [Castillo's] appeal [before the Fifth
> Circuit] will result in a reversal or new trial based on the record as it
> exists," Furgeson said at the July 10 hearing. ". Ms. Madewell has made a
> heroic effort, but she is hamstrung because of the record [in the case].
> Therefore, I'm going to revoke the bond, and I'm going to set the report
> date [to prison for Castillo] for July 30. There will be no further bond
> for
> the appeal."
>
> And so it ends for Castillo. He must now report to the federal
> penitentiary
> at the end of the month, and fight on with his appeal behind bars - absent
> his benefits and under the threat of harm that confronts all former law
> enforcement agents behind prison walls.
>
> But the allegations of prosecutorial misconduct in his case are surely not
> resolved.
>
> If, as Castillo claims, De La Garza did provide Roomberg with the full
> name
> and address of the individual who purchased the weapons from Castillo, and
> that individual is a U.S. citizen who was not prohibited from making those
> purchases, as Castillo contends, then it appears Roomberg likely did
> mislead
> the court.
>
> On the other hand, if Roomberg argues that De La Garza failed to provide
> that name (which appears in his attorney notes), then it would seem that
> Roomberg is establishing a fact that would lend credence to the claim now
> on
> appeal before the Fifth Circuit - that De La Garza did, in fact, provide
> Castillo with ineffective assistance of council. (Roomberg clearly
> convinced
> the judge to dole out a stiff sentence to Castillo based on the contention
> that he did not cooperate with the prosecution, that he did not provide
> the
> full name of the purchaser, and that he likely did traffic weapons in
> Mexico).
>
> It seems to be a Catch 22 for the prosecution, but in the U.S. justice
> system, at least in the Western District of Texas, the truth seems to
> matter
> less than protecting the process.
>
> And in this case, to date, Castillo appears to be little more than another
> cog on the conveyor belt of that tortured process, destined for the buzz
> saw - another stat in the prosecution's hat regardless of the facts.
>
> Now, that's change we can believe in.
>
> Stay tuned ..
>
>
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