'No More Deaths' volunteer charges tossed (alien coyotes)

The Arizona Daily Star ^ | 2 Sep 2006 | Djamila Grossman

[axes_of_weezles]

/div>

A federal judge dismissed indictments Friday against two No More Deaths volunteers who were charged with transporting illegal entrants to get medical care in July 2005.

Shanti A. Sellz and Daniel M. Strauss were facing prison time in the high-profile case that was scheduled to go to trial next month.

Attorneys for Sellz and Strauss, both 23 at the time of their arrests, had asked for the charges to be dismissed twice, most recently arguing that the two were being selectively prosecuted.

The two had previously rejected a plea offer with the U.S. Attorney's Office.

In his ruling, U.S. District Judge Raner C. Collins said the two were following guidelines that border volunteers had been using for several years without being arrested.

Sellz and Strauss were arrested July 9, 2005, near Arivaca after they were stopped by Border Patrol agents with three illegal entrants in their vehicle.

They were volunteering with No More Deaths, a faith-based group that during the summer provides food, water and medical aid to illegal entrants walking in the desert.

The two said they were following a "protocol" they'd been taught by No More Deaths, checking with a lawyer and a doctor by telephone before they began driving the entrants, whom they described as being severely dehydrated and ill.

The pair did not call 911 or the Border Patrol, as that was not part of the protocol they'd been taught. They were taking the entrants to a medical clinic.

Sellz and Strauss were indicted by a grand jury on charges of conspiracy to transport and transportation of an illegal alien.

Collins ruled that Sellz and Strauss had been told by No More Deaths officials that they could transport sick illegal entrants under certain conditions.

"They were assured that the 'protocol' had been approved by Border Patrol and that the transportation for these medical purposes was not a violation of the law," Collins wrote.

The judge wrote that in the three years before 2005, "no one was arrested and prosecuted for following the protocol."

Collins said his ruling doesn't address whether the guidelines No More Deaths was using at the time broke the law. No More Deaths has since changed its guidelines for volunteers who encounter illegal entrants in distress.

In a court filing, federal prosecutors asked the judge not to dismiss the charges against Sellz and Strauss, saying that No More Deaths representatives had been told in April 2005 by Border Patrol officials that "enforcement action would be taken if a volunteer were to transport illegal aliens."

Assistant U.S. Attorney Irene Feldman, who was prosecuting the case, said in the court papers that "there is no evidence of selective prosecution and it's entirely proper for defendants to be prosecuted."

No More Deaths leaders hailed the decision. "This is a great moment for the borderlands," the Rev. John Fife said. "It is now established that humanitarian aid is not a crime."

It is important to realize that the Border Patrol and humanitarian efforts play two different roles at the border and each party needs to be allowed to act "under the law," he said.

Since the incident last summer, there have been no other incidents between No More Deaths volunteers and the Border Patrol, he said.

Sellz's attorney William Walker called Collins a "fair shooter."

"This has been a horrendous ordeal for (her)," he said of Sellz. "To be charged with a crime for her was devastating."

A Border Patrol spokesman could not be reached for comment.

[axes_of_weezles]

No More Deaths has been acting as coyotes, rescuing illegal crimmigrants from the desert.

They also call the local police when the illegals congregate outside their church .

What a bunch of criminal hypocrites.

Of course the current administration did not fully prosecute these folks. That would be too "mean" to enforce laws.

[mtbopfuyn]

To be charged with a crime for her was devastating.

What's devastating is the rest of us have to foot the court costs, the hospital bill, the housing bill, the food bill, the education bill, and have our jobs taken away from us. But hey, that's ok because these are just poor honest family folk trying to make it in this cold hard world. /s

[mtbopfuyn]

To be charged with a crime for her was devastating.

What's devastating is the rest of us have to foot the court costs, the hospital bill, the housing bill, the food bill, the education bill, and have our jobs taken away from us. But hey, that's ok because these are just poor honest family folk trying to make it in this cold hard world. /s

[axes_of_weezles]

History

http://www.freerepublic.com/focus/f-news/1558098/posts


http://www.freerepublic.com/focus/f-news/1182141/posts

[gubamyster]

ping

[kinoxi]

They were caught knowingly transporting illegals.They admit to this, and the charges were dropped? This entire scenario being admittedly premeditated as well. Ridiculous.

[axes_of_weezles]

U.S. District Judge Raner C. Collins is a Clintoon appointee and the individual who set 22 million dollar a day fines on Arizona for not having enough "bilingual" education.

Of course the defendants arranged to have their case go before this friendly judge.

http://www.examiner.com/a-241120~Ruling_vacates_orders_against_Arizona_on_ELL_programs.html
PHOENIX - A federal appeals court on Thursday erased a federal judge's orders that fined the state and rejected a new law revamping programs for more than 150,000 public school students learning the English language.

[tiki]

Well, as one who lives near the border, I don't want anymore deaths either. When I help them I also call the authorities though. I could never ignore someone who is near death's door and I have helped scores of them. I know there are those who have an agenda but I really am concerned about human life.

[goldfinch]

I am going to disagree with what most have said on the thread so far. I do not think there is anything to be gained by prosecuting do-gooder college students. That is not the story we want in the news every day. It only builds sympathy for the pro-illegal side.

The illegal immigration war will be won by whichever side carries public opinion. Most polls I have seen show that somewhere between 60-80% of the people are in favor of securing the borders. If we keep the emphasis on how much illegals cost, on the crime they perpetuate, on needing to make English the only official language, we win. If the emphasis is on dying illegals, and fresh faced college aged do-gooders going to prison, we lose. And we cannot afford to lose.

[tiki]

When someone is in a life-threatening situation and
you're in the middle of a desert, you don't wait around for an ambulance. Chances are the ambulance wouldn't find you anyway and I'll guarantee you that the BP wouldn't get there for over an hour. I know of many who have done it, and not because they were pro-illegal but because they couldn't stand to leave someone to die. These people don't go out looking for them either but when they find them they do what they should do.

[kinoxi]

They didn't 'happen' to be in the middle of the desert. They went out there looking to transport illegals. Read the article, they admit to it.

[axes_of_weezles]

They took them to a church 50-60 miles away from Arivaca, bypassing hospitals,volunteer fire departments, and when the aliens were recovered, refused treatment at a hospital.They need to be prosecuted or sued to recover the costs of incarceration/deportation of the illegals they helped.

Local residents of Arivaca have had property siezed and been prosecuted for doing the same these these folks are alleged of doing.

[axes_of_weezles]

No More Deaths has a policy _NOT_ to call the Border Patrol, FYI

[Jack Hammer]

As everyone knows, you can't prosecute someone simply for rolling out the red carpet for America's new royalty.

[politicalwit]

"rolling out the red carpet " Replacing the "Catch and Release" program we now have the Greet, Treat, Release and Repeat program.

[TheBattman]

selectively prosecuted

Well, I guess if you call prosecuting the ONES YOU CATCH, then sure - that is selective prosecution. But isn't that how the system works - you prosecute the criminals that you CATCH???!!!

Notice that there is no defense of IF they broke the law. Just that they shouldn't have been prosecuted because they are not the only ones breaking the law. HEY!!! Maybe that is the new defense to get out of legal trouble. Simply claim that they can't prosecute you for that bank robbery, there are others who have robbed banks and never faced prosecutions (nevermind that it is only because they haven't been caught).

Lots of criminals have not been prosecuted because they "turned state's evidence".... since they didn't get prosecuted, does that mean everyone else facing charges for the same type of crime should also go free?

I guess Martha Stewart should have used this defense... Lord knows she was being made an example of (selective prosecution).

AFter all, we had a known rapist in the Whitehouse for 8 years..... and he was never prosecuted for it.

[Mamzelle]

re: No More Deaths has been acting as coyotes, rescuing illegal crimmigrants from the desert.)))

If they do this on private land, it is both a trespass and a conspiracy to trespass against the owner. The owner can press charges, and also sue individuals and "No More Deaths" for trespass (it's called an intentional tort)--these individuals might have assets worth seizing.

[4Freedom]

"I could never ignore someone who is near death's door and I have helped scores of them."

Did you pay their bills out of your own pocket?

[janetgreen]

What's devastating is the rest of us have to foot the court costs, the hospital bill, the housing bill, the food bill, the education bill, and have our jobs taken away from us.

Part of the propaganda we're fed by this administration and the media sob sisters is that there are no medical facilities in Mexico, and that these poor people will die if they're not given AMERICAN medical care (free of course).

More and more illegal aliens are given the privileges of citizenship just because they snuck over the border. These are the voters the GOP and Dims want.

No thanks, I'll vote third party, because the GOP and the Dims have virtually merged.

[tiki]

I agree that they should be prosecuted but knowing the government they'll probably prosecute some schmuck who really was doing the right thing.