Posted on 04/21/2005 4:14:44 PM PDT by Spiff
"So you believe illegals and Sheriff Thug Arpaio over a war hero.... terrific....only reinforces my opinion of lawyers."
Nicely put. I didn't say I believed anyone. I merely said that the guy had given three different versions of what happened. I haven't heard a word from the illegals, I haven't heard a word from Joe. I HAVE heard the perp (whatever his name is) say three different versions.
I have had clients that were excited and maybe had two stories. But three?? More creedence is to be given the contemporaneous utterances. Thay is, what he was saying on the 911 call.
I am glad he got off. And keep up your opinion of lawyers. We always win ... when you need us.
LOL!!! The young man is going to be on Hannity and Colmes this weekend.
I tend to give him the benefit of the doubt, but we'll see.
Fine, counselor, could you answer the question of whether the exact same actions, minus the self defense aspect early in the incident, by a sheriff's deputy or BP agent would have been lawful?
I don't think it's so much three different stories but additions to a single basic story, plus different fragments of the story. IE, when he called 911 the rushing in from the desert part wasn't really germane to the need to get the authorities out their, or to what he should do next.
Since he wasn't charged, I do wish you would stop referring the Sergeant as "the perp". The DA has determined that there was no crime for him to be the perpetrator of.
I have had clients that were illegals and at the conclusion of the hearing (for whatever, normally DUI) they were let go and walked past the cops without a glance. In fact, I have never seen a misdemeanor illegal held for INS. Now, felonys, that's another story.
As to whether a deputy could have held them. NO. Not without PC that they had committed a crime (other than being Mexican. WE have enough Driving While Mexican cases in AZ as it is. I wish it weren't that way, but it is. The 300 courts in Arizona see an average (I'm guessing but an educated guess) of 600 Illegals a day. I think I am safe in saying, 590 are released. The cops know it, the Judges know it, and the attorneys know it.
We just don't have enough jail space to hold illegals that have otherwise done nothing wrong.
Remember, baring an ARTICULATABLE reason, you can't ask their legal status, or much of anything else. Why do you think we, in Arizona, are begging to have the borders walled off?
" Now, felonys, that's another story. "
The county attorney tried to claim the Mexicans were in a conspiracy with the Coyote and therefore were committing a felony.
WRONG.
That was shot down. Note- the CA is elected. This is a Hot issue here in Phoenix. He did NOT want to 'rock any boats'.
Now the feds are looking to make a fall guy of Haab. I do hope they don't do any more than scare the poop put of him and educate the populace as to Citizens arrest, Probable cause, and assault.
Should be interesting.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.