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I'm no lawyer, but this is absurd. U.S. Attorney's Office Rejects Family of Murdered Border Patrol Agent as Crime Victims
You can put me in the "and others" category. Could there be any other reason?
They should have every right to complicate his case. They're the ones who have paid the price for this crime and should have a chance to be heard if they want one.
Does this surprise anyone?.....Didn't think so.
The family asked to intervene as victims in the case against Jamie Avila, the 23-year-old Phoenix man who purchased the guns used to kill Terry. Such motions are routinely approved by prosecutors, but may be opposed by defense attorneys.
However in this case, U.S. Attorney Dennis Burke argues because the family was not "directly or proximately harmed" by the illegal purchase of the murder weapon, it does not meet the definition of "crime victim" in the Avila case. Burke claims the victim of the Avila's gun purchases, "is not any particular person, but society in general."
However in this case, U.S. Attorney Dennis Burke argues because the family was not "directly or proximately harmed" by the illegal purchase of the murder weapon, it does not meet the definition of "crime victim" in the Avila case. Burke claims the victim of the Avila's gun purchases, "is not any particular person, but society in general."
Coffey and others wonder if Burke has a conflict. It was his office that led Operation Fast and Furious. The operation, while executed by agents for the Bureau of Alcohol Tobacco, Firearms and Explosives, was managed by Assistant U.S. Attorney Emory Hurley. Hurley drafted the response to the family's motion. It was signed by Burke.
Under the federal Crime Victims Rights Act, the Terry family would have the right to confer with prosecutors and speak at Avila's sentencing. Some speculate that the U.S. Attorney's Office may cut a deal with Avila in exchange for information to be used against his associates. That deal could mean little or no jail time, and a controversial sentencing day in the courtroom. Having the Terry family fight that deal, could further embarrass and complicate Burke's case.
"The government's already been put on notice that they might be facing a wrongful death action by the family. And you have to wonder if the government's efforts to deny the family the status of 'crime victims' is part of a strategy to avoid legal responsibility for some of the tragic mistakes of Operation Fast and Furious," he said.
Burke refused comment when asked why he opposed the family’s motion and his possible conflict of interest
Burke refused comment when asked why he opposed the family’s motion and his possible conflict of interest
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