[Kansas U.S. Attorney Barry R. Grissom]
[Ks Assistant US Attorney Terra D Morehead]
by
Lorne Dey
US~Observer Preface:
We all know about the deadly mistake made by the Justice Department
authorizing and releasing guns to cartels and common criminals in
Mexico, and this “Fast and Furious” gun-running scheme remains a blemish
on Attorney General Eric Holder’s reputation. It, however, is being
obfuscated by something more insidious: entrapment and further cover-up.
The Justice Department is trying to divert attention from its own
wrongdoings by framing certain innocent Hispanic-Americans for
gun-running schemes that the Justice Department itself initiated.
Further, by taking these law-abiding people, violating their civil
rights by depriving them of medicines and placing them in dungeon-like
cells, they prove themselves to be anything but the “Justice
Department.”
The following article should outrage every American. Demand accountability!
Wichita, Kan. — On April 19, 2012, 66-year-old Jose
Velasco-Veyro was arrested in his home after a small army of Bureau of
Alcohol, Tobacco, Firearms and Explosives agents and U.S. marshals
stormed his bedroom at 6 a.m. with an arrest warrant naming him as a
co-conspirator in an alleged gun-running operation.
After several hours of interrogation — during which he was repeatedly
asked about how many guns he owned and what he knew about one of his
friends and alleged co-conspirators, Ramon Chavez — Velasco-Veyro was
arrested and taken 210 miles away to the U.S. District Court for the
District of Kansas in Kansas City to be indicted. The indictment, which
includes 11 others, six Caucasians and five Hispanics besides
Velasco-Veyro, is for 18 counts ranging from conspiring to “export and
send from the United States, and attempt to export and send from the
United States… firearms… to be intended for exportation contrary to any
law and regulation of the United States” to being “willfully engaged in
the business of dealing in firearms while not being a licensed dealer of
firearms” — or, according to Velasco-Veyro’s quote from the ATF agent
in charge of the raid, for “sending guns to the cartels in Mexico and
selling guns to illegal aliens and felons.”
After arriving in court and hearing the charges against him during his
arraignment, Velasco-Veyro described how he and the five other Hispanics
were denied bail by Judge James P. O’Hara on the advisement of
Assistant Prosecutor Terra D. Morehead, who reportedly stated that the
six Hispanics were “flight risks and a danger to the community.” To this
day, Velasco-Veyro wonders why Morehead considered the six Caucasian
co-defendants were considered incapable of being flight risks and
dangers to the community and why they were granted bail while the six
Hispanics were kept locked up with no bail. Two of the six Hispanics
were reportedly put in solitary confinement for no reason other than
that they were Hispanic and alleged to be gun traffickers. Is this not
torture and racism?
Presumed Guilty, Treated As A Convicted Felon Before Trial Or Due Process
With bail denied and allegedly after barely five minutes to confer
with his court-appointed attorney and provide financial information for
the court, Velasco-Veyro was whisked away and strip-searched, then put
in full-body chains and loaded on to a van bound for prison. It wasn’t
until August 2012, that he was finally allowed to be let out on bail by
Judge Beth Phillips. According to Velasco-Veyro, Phillips “was
apparently not in the hip pocket of prosecutor Morehead” because
“Morehead became enraged when Judge Phillips granted him bail.”
Upon examination of the indictment, Velasco-Veyro is named in only
three of the 18 counts contained therein, the first being what is
mentioned above, along with a list of additional statutes.
A naturalized U.S. citizen, Velasco-Veyro has resided in the United
States since 1965, when he entered the country on a student visa. He has
never been guilty of breaking any law in his entire life.
Resulting from our investigation, it is also clear that Velasco-Veyro
had never met any of his alleged co-conspirators before his indictment
other than Chavez, Chavez’s son Douglas and Chavez’s ex-wife, Tammie
Chavez.
Velasco-Veyro collects antique and custom firearms. He has only sold
guns from his private collection, primarily at local gun shows. Our
investigation showed that over the past 14 years, he has sold no more
than 15 to 20 guns, primarily target guns or hunting rifles — certainly
not the kinds of guns that would interest members of drug cartels. He
said that although he has sold some of his guns at gun shows in Wichita,
where he has resided for the past 28 years, he has never rented a table
on his own. He said he never had enough firearms that he wanted to part
with at any one time to warrant renting a full table. Instead,
Velasco-Veyro stated that he rented space from his acquaintance, Ramon
Chavez, one of the individuals indicted along with him and whose name
appears on 13 of the total 18 counts.
False And Manufactured Charges
Velasco-Veyro was charged along with his 11 co-defendants for
allegedly sending guns to Oklahoma. However, our investigation has
revealed that he has never transported any guns to that State or any
other State and that the prosecution has manufactured these charges in
an attempt to make the alleged gun-running ring appear as large as
possible.
The second count against Velasco-Veyro is for selling, as stated on
the indictment, a “9mm Fratelli Tangoflio pistol… to an individual, who
was a Missouri resident, at a gun show held… in Wichita, Kansas.” The
“individual” has reportedly been identified as ATF Special Agent Steve
Lester, who, after “wrangling over price,” purchased Velasco-Veyro’s
pistol from him. Since there is no Federal law requiring unlicensed
sellers to ask for identification from a potential purchaser before
selling a gun at a gun show and because Velasco-Veyro had no reason to
suspect the undercover agent was from another state, Velasco-Veyro sold
his gun to Lester, who allegedly later took the gun to Missouri.
Convinced he had done nothing illegal, the first chance he got after
he was released from his prison cell, Velasco-Veyro contacted the ATF
about his alleged unlawful gun sale. The following is the emailed
response that Velasco-Veyro received from the Firearms Industry Programs
Branch of the ATF:
"This is in response to your email to the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF). In your email, you provided a scenario
of an unlicensed buyer from Missouri who travels to a gun show in
Kansas. The buyer purchases a handgun from another unlicensed resident
of Kansas at the gun show. You want to know if that was illegal. Federal
law under 18 U.S.C. §922(a)(1)(3) states in part; it shall be unlawful
for any person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector to transport into or receive in
the State where he resides (or if the person is a corporation or other
business entity, the State where it maintains a place of business) any
firearm purchased or otherwise obtained by such person outside that
State. Therefore, a person may only acquire a firearm within the
person’s own State, except that he or she may purchase or otherwise
acquire a rifle or shotgun, in person, at a licensee’s premises in any
State, provided the sale complies with State laws applicable in the
State of sale and the State where the purchaser resides. A person may
borrow or rent a firearm in any State for temporary use for lawful
sporting purposes."
The above statute provided by the ATF clearly puts the burden on the
unlicensed purchaser and not the unlicensed seller. Since there is no
Federal law that requires unlicensed sellers to ask for identification
from potential buyers at gun shows and since Velasco-Veyro did not know
nor was required to find out that the buyer, Lester, was allegedly from
another State and/or not a licensed gun dealer (according to U.S. Code
sent to Velasco-Veyro by the ATF), it was Lester who broke the law by
purchasing Velasco-Veyro’s Fratelli Tangoflio pistol in Kansas and then
transporting it to Missouri, where he supposedly resided.
I should note that it is common practice for unethical Federal agents
to make claims like, “I told the seller that I was from another State”
or in this case, “I informed Jose Velasco-Veyro that I was from
Missouri.” This ATF investigation has been ongoing since 2005. Other
purchases from co-defendants were videotaped or recorded. However, we
have not found that the sale between Velasco-Veyro and Lester was
recorded in any way. This leads us to believe that if this case goes to
trial, Lester will claim he told Velasco-Veyro that he was from
Missouri. With no recording, Lester’s anticipated testimony must be
considered false, especially in light of Velasco-Veyro’s 66-year track
record of integrity and honesty.
The third and last charge against Velasco-Veyro is that he “knowingly
and willfully received and possessed the following firearms.” What
follows is a woefully incomplete list of firearms that allegedly
belonged to Velasco-Veyro that are mostly quoted in the indictment as
“Unknown caliber Unknown manufacturer… Unknown Model… unknown serial
number.”
Since the gun types alleged to belong to Velasco-Veyro are largely
unidentified in the indictment as to make, model and caliber, we can
report only Velasco-Veyro’s contention that his guns are primarily
foreign-made target and hunting firearms manufactured before 1968 and
before a Federal law that states that all firearms entering the United
States be required to have an import stamp located on the firearm and
that, according to an ATF letter dated Dec. 12, 2012, in response to an
inquiry from Velasco-Veyro about his antique collection: “It is not
unlawful for a private individual to be in possession of a firearm that
does not have importer markings.”
According to Velasco-Veyro, he is a collector of many pre-World War I
firearms or others that were manufactured and imported into the United
States before the 1968 law required that all imported firearms have
import markings stating “name of the manufacturer, country of origin,
model (if assigned), caliber or gauge, name of importer, city and state
of importer” and that “these markings must appear conspicuously on the
frame, receiver, barrel (or slide).” The alleged conspicuous lack of
most of this information associated with the firearms Velasco-Veyro is
alleged to have possessed in the indictment is compelling evidence that
he indeed owns the types of guns he claims. According to the ATF, they
are
not illegal. And as Velasco-Veyro asserts, they are the types
of guns that members of drug cartels would probably not be interested
in.
US~Observer sources have informed us that Velasco-Veyro’s claims about his gun collection are spot-on accurate.
The above letter from the ATF is deliberately mentioned in this article
because it would seem to exonerate Velasco-Veyro of any wrongdoing. The
U.S. Codes quoted and sent by the ATF are extremely important, since the
US~Observer has learned from a source that Morehead allegedly
plans to keep this correspondence from being entered into court and,
hence, from the eyes and ears of a jury. Our source also told us that
the ATF did not contact Morehead regarding Velasco-Veyro, as she
contends, but that it was she who contacted the ATF and then ordered it
to “cease and desist” from corresponding with Velasco-Veyro in any way.
If this allegation is true, then Morehead is instigating a gross
miscarriage of justice; and we will do everything in our power to
prevent her from following through on her nefarious schemes.
Deliberate Denial Of Jose Velasco-Veyro’s 6th Amendment Rights
Almost since the day he was arrested and thrown into prison,
Velasco-Veyro — who has been declared indigent by the court and whose
home is 210 miles from the prosecutor’s office and his attorney — has
repeatedly asked to have in his possession the discovery in his case. In
other words, he wants to see and study the evidence Morehead has
against him so he can aid and assist in his own defense, something that
is his Constitutional, 6th Amendment right. However, the
US~Observer
has learned that Velasco-Veyro’s requests have been repeatedly denied
by Morehead. This is yet another violation of Velasco-Veyro’s rights, as
he can’t aid and assist in his own defense if he is allowed to see the
evidence against him only occasionally and for relatively short periods
of time. This is particularly important in his case since, according to
Velasco-Veyro, he has done a cursory examination of two recorded
conversations between himself and his acquaintance Ramon Chavez that
occurred in Spanish that, when translated into English by Morehead’s
office, show evidence of being manipulated to make him appear guilty. It
is absolutely Velasco-Veyro’s right to have these entire unmolested
conversations along with the rest of his discovery at his disposal so he
can take all the time he needs to pour over those entire conversations
to ensure that he has not been unjustly portrayed and/or quoted out of
context.
The
US~Observer has learned of still another ploy used by
Morehead’s office, wherein she is invoking an enigmatic “Rule 16” that
allegedly allows her to deny Velasco-Veyro his right to receive in his
possession his full discovery. A source has told us of a letter from
U.S. Attorney Barry R. Grissom’s office and signed by Morehead that
essentially orders Velasco-Veyro’s attorney not to give discovery to his
client by stating: “You are not permitted to make copies of this
discovery. You are not permitted to share this discovery with anyone
other than your client pursuant to the court’s order.” Let me remind
Morehead that in
Marbury v. Madison, a monumental Supreme Court
case, Chief Justice John Marshall declared that any law repugnant to the
Constitution is null and void. An un-Constitutional “Rule 16” is a poor
excuse to deny Velasco-Veyro his Constitutional right and only makes
one wonder why Morehead doesn’t want Velasco-Veyro to be able to
effectively aid and assist in his own defense. What does she fear?
Because firearms alleged to have been sold by Velasco-Veyro reportedly
differ so greatly from other guns mentioned in the indictment, his
attorney has asked Morehead for him to be allowed to see his confiscated
collection to identify them as his (if they are) and tag them as
separate from the other types of firearms in the indictment that
are
the kinds of guns that would interest drug cartels in Mexico. Morehead
has denied this request, alleging that allowing Velasco-Veyro to view
his sequestered firearms inside an ATF warehouse constitutes
“possession.” If indeed Morehead intends to railroad Velasco-Veyro into
appearing he is part of something illegal when he is not, it is
imperative that his firearms not be shown to a jury in such a way that
his “markedly different” firearms not be lumped in with the more modern,
“combat type” weapons that
do interest members of cartels. Not
allowing Velasco-Veyro this right or to see his own guns is another
Constitutional violation at the hands of Morehead. What is she hiding?
Besides racial profiling and racism, other allegations by
Velasco-Veyro are that he and the other Hispanics incarcerated along
with him are part of “pressure Morehead is receiving from higher up that
is pushing her to prosecute people like him as part of shifting blame
from the ATF agents involved in Attorney General Eric Holder’s Fast and
Furious debacle and put it on Hispanics with ties to Mexico.” According
to Velasco-Veyro, what has been done to him and his five Hispanic
co-defendants is straight out of Katie Pavlich’s book
Fast And Furious: Barack Obama’s Bloodiest Scandal and its Shameless Cover-up. Since Morehead doesn’t appear to be working for the sake of justice, just who is she working for?
Out of complete fairness, our investigation has shown that some of
Velasco-Veyro’s co-defendants may indeed be guilty of illegal
“gun-running.” However, we have concluded factually that Velasco-Veyro
is completely innocent of the charges leveled against him.
Hopefully, the last grievous act against Velasco-Veyro by the District
of Kansas “justice system” was allegedly perpetrated while he was
incarcerated in prison. Velasco-Veyro has a condition called diabetic
neuropathy that is a byproduct of diabetes. He has been taking
medications for it since 2006. He says the medicine helps ease the pain
associated with his condition, which can become especially acute in cold
temperatures. During his imprisonment, Velasco-Veyro was denied these
literally lifesaving medications that, among other things, keep his
blood pressure from becoming lethally high. When his doctor, Robert
McIntyre, called the prison physician, Donald Satterfield, to explain
the absolute necessity that Velasco-Veyro be allowed to receive his
medications, Satterfield told McIntire that “there are no choir boys
here,” and he denied McIntyre’s request and Velasco-Veyro’s medications.
Velasco-Veyro described the nights in prison as “pure torture” since he
says his prison cell was “habitually kept between 50 and 55 degrees,”
which caused him “such great pain that he could not sleep.” McIntyre
also said that to deny Velasco-Veyro these crucial medications, he knew
that the “system was either trying to break him or kill him.” George
Newell Bentley, a doctor from Texas confirms, what McIntyre has
reported. Both professionals are ready, willing and more than able to
testify to these facts under oath. They are both also ready to testify
that Velasco-Veyro is a person who possesses impeccable honesty and
integrity.
To place two Hispanics in solitary confinement and deprive another
innocent Hispanic of his life-sustaining medication, can only be
considered pure torture and racism.
According to
US~Observer sources within the Federal justice
system and based on the facts in this case, Morehead is a shameful
example of the public’s trust.
Morehead is under the authority of U.S. Attorney Barry R. Grissom,
and ultimate responsibility for this miscarriage of justice is his. The
US~Observer
urges Grissom to investigate the facts in this case and the charges
against his subordinate and to take appropriate action against her for
the sake of all prosecutors who are required to dispense justice
according to the law with fairness and without bias.
The way Velasco-Veyro has been treated at the hands of authorities
who are supposed to protect his Constitutional rights is absolutely
unconscionable. He has been treated like a criminal from the onset. And
his valuable collection of firearms, acquired over a lifetime of expert
scrutiny, has been handled like so much rubble by Federal agents who
consider him guilty of the charges against him before he has been given a
fair trial or investigation.
The
US~Observer is incensed by this more than obvious false
prosecution, and we are left wondering just how many other Hispanics are
being abused and prosecuted on false and manufactured charges. How many
others are being wrongfully denied bail while incarcerated in
deplorable and inhumane prison cells?
Help us let others know what has happened to Velasco-Veyro. Be responsible and contact Lorne Dey at lorne@usobserver.com
or at: 720-231-2038 if you have any information regarding Morehead,
Lester or Velasco-Veyro’s co-defendants: Ramon Chavez Sr., Douglas
Chavez, Tammie S. Chavez, Alejandro Arroyo-Campos (aka Alejandro
Guzman-Campos), Carlos Cifuetes, Osbaldo Garcia-Garcia, Adam Howard,
Ashley Mooney, Jordan Veal, Homero Rocha, or David G. Percival (aka “El
Guero”).
Are you tired of the blatant injustice occurring in our legal system
today? Are you opposed to racism? If you are, please contact Grissom by
phone at: (913) 551-6730 or by email at barry.grissom@usdoj.gov
and inform him that his assistant prosecutor, Morehead, is falsely
prosecuting an exemplary, innocent American citizen and he needs to stop
her.