Posted on 08/18/2004 7:52:51 PM PDT by fight_truth_decay
SUIT AGAINST BARNETTS DISMISSED
A lawsuit filed against Cochise County rancher Roger Barnett, his wife, Barbara, and Donald Barnett, has been dismissed by U.S. District Court Judge John M. Roll. Border Action Network, a group which advocates open borders with Mexico, filed the initial complaint. The lawsuit accused the Barnetts of stopping and reporting a group of 30 undocumented immigrants last October 11 on a ranch in Cochise County owned by Donald Mackenzie.
Mackenzie claimed in the lawsuit that he encountered the Barnetts at one of the wells on his (Mackenzie’s) ranch and that he thought Barnett was a Border Patrol agent because he claimed Barnett was wearing a cap with a U.S. Border Patrol emblem and wearing hunting clothes he described as “indistinguishable” from clothes worn by Border Patrol agents. The B.A.N. group continues to demand that the federal government stop the Barnetts and other border watch groups from assisting Border Patrol with locating illegal aliens. No laws have been violated, no charges have been filed in any of these incidents, and none of these allegations has ever been adjudicated in court. “It proves these are baseless lawsuits that amount to harassment. These groups always seem to find some unscrupulous attorney who will file these frivolous lawsuits against anyone who stands up for the right thing,” Roger Barnett stated in a phone interview. Jennifer Allen of Border Action Network stated the group dropped the lawsuit against the Barnetts voluntarily. “This was an action taken on our part. We feel there are other strategies that will be more effective.” Allen says the B.A.N. group will assist Donald J. Mackenzie in refiling the suit at the state court level. B.A.N. has lobbied Arizona Attorney General Terry Goddard to investigate and prosecute the groups for more than a year to no avail because no instances of abuses have ever been discovered. Dan Krehbiel, a Border Action Network community organizer, was joined by Arizona State Reps. Ben Miranda, a Phoenix Democrat, and Tucson Democrats Tom Prezelski and Ted Downing, (all lawmakers who support illegal immigration) at a news conference at the state Capitol in December. No press conference was held informing the community or the media that the judge had dismissed the suit.
http://www.tombstonetumbleweed.com/tombstone/asp/thisweek.asp#Scene_1
Tombstone PING
The rancher won?? Does he get his court costs and lawyer fees paid for?
He needs to counter-sue for court costs
I think we need a Constitutional Amendment to forbid judges from making up laws.
Ping!
Ack, I was being sued?! I didn't do anything! *whine*
Thanks for the ping, Sarge. This comes at a critical time in the lives of the Barnetts.
encountered the Barnetts at one of the wells on his (Mackenzie’s) ranch
It appears that the Barnetts were trespassing.
The lawsuit was totally frivolous. MacKenzie had given them the combinations to his gates months before.
Around here he calls himself Sagehawk and he is like second banana to the "abbess" that runs the New Age sort of monastery there. It ain't a ranch, just a collection of old trailers that look like something out of a Mad Max film, with inhabitants to match. The monkery is about bankrupt and they smelled a fat settlement.
It won't fare any better in state court.
What we KNOW is that they were accused of trespassing.
I'd think that if the charge was true, they'd have taken some sort of action on that count as well.
Salient points from me:
This leaves out a couple of salient points. Mr. MacKenzie's land is known as the Summerland Monastery, Inc. It's an amusing version of a monkery with beliefs based on a mix of New Age and pagan/Druid/wicca fun. The monkery openly puts out caches of water for illegal aliens and this fact is well known south of the border.,/i>
The problem is that the illegals have to cross Roger's ranch to get at the water. In other words, MacKenzie and crew are knowingly enticing illegals to trespass on Roger's property, which to my mind is indefensible conduct. Mr. Donald MacKenzie (aka Don Sagehawk) is also vice president of the monkery and there is reason to believe they may be in want of funds...
I've been to Roger's ranch. I've seen the mounds of trash left behind by illegals, seen the vandalism to his fences, stock tanks, buildings, vehicles, etc. I've worked his area as a member of American Border Patrol, seen large groups of illegals cross the border fence, cut across his land -- and had the grim satisfaction of seeing the Border Patrol pick up groups that I had shadowed and tipped off via radio.
From Spiff:
I spoke to Roger Barnett and his wife last night. Both are members of the South East Arizona Republican Club of which I am President. We had our annual Christmas Dinner at the Windemere. It was a great social event. Anyway, I spoke to Roger about this lawsuit. He is incredulous at the charge from the guy who runs the whacko hippy commune. He said that the guy has not only invited him onto the property in the past, but had given him the combination to the gate lock. The charges are obviously (to Roger) part of the promised harassment lawsuits from the open borders whackos. I asked if he thought he needed a legal defense fund and he said he didn't. He is pretty sure the suit will be thrown out as it is stupid, there is no evidence, etc.
WTF is the "Border Action Network"? Open border with Mexico? They can't be serious.
I stand (sit) corrected. If they were given the key/combination to the gate(s), they weren't trespassing by any stretch of the imagination. Reading the second article snippet was most enlightening. Thanks.
First thing I have read about that situation that made any sense... "they smelled a fat settlement." I wonder why we never saw, read or heard such an observation form the media?
Musta been they were on the "right" side of the issue. Reverse the situation and the . . . . B.A.N. group will assist Donald J. Mackenzie in refiling the suit at the state court level. B.A.N. has lobbied Arizona Attorney General Terry Goddard to investigate and prosecute the groups for more than a year to no avail because no instances of abuses have ever been discovered. Dan Krehbiel, a Border Action Network community organizer, was joined by Arizona State Reps. Ben Miranda, a Phoenix Democrat, and Tucson Democrats Tom Prezelski and Ted Downing, (all lawmakers who support illegal immigration) crew would have been described as a "religious cultists in the compound" and child pornography would have been "found" blowing around on the "compound perimeter" like trash paper stuck on a barbed wire fence.
CHECK IT OUT! . . . .The AWB croaks in..
So if you see illegal activity..say even a rape on another's property, must you think I will be trespassing if I step over the line (like the Cambodia line ;) )?
Hey..I added the other story to show the Mexican illegal wanted for rape. Therefore, common sense would dictate: Should one see a crime being committed and have the ability to prevent it before someone gets hurt, wouldn't the right way to go be to take some sort of action?..These patrols are protecting our borders from illegal entry..the Mackenzie ( @#$*!!!) should be thanking Barnett, not suing him!
Reality has no relation to what is occasionally reported in the media.
But, you said MacKenzie knew Barnett...well enough to give him combos to the gates...probably has seen Barnett dressed like this before..perhaps gets a fat fee from Illegals making his land a "path" for entry. I think anyone aiding anyone coming into this country illegaly should be prosecuted..the word ILLEGAL mean anything??
You gotta be frustrated seeing this go on and the potential for mass destruction that could result from illegals coming into this country!!
BTW a substantial segment of illegal aliens are pedophiles. In today's Washington Times re Maryland and DC: "Agents arrest 24 child-sex offenders" (Aug. 19, 2004). Of these 7 were illegal aliens, 16 held green cards, and one had previously been ordered to leave the country.
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