http://www.azcentral.com/arizonarepublic/local/articles/0504conspiracy0504.html
Migrants challenge smuggling charges
Michael Kiefer The Arizona Republic May. 4, 2006 12:00 AM
Attorneys for 47 undocumented immigrants charged with conspiracy to commit human smuggling have filed motions to throw out the charges.
They argue a person can't smuggle himself into the country and therefore can't be charged with conspiracy.
On Friday, a Los Angeles attorney brought into the case by the Mexican Consul General's Office in Phoenix will file another motion to dismiss charges claiming Maricopa County Attorney Andrew Thomas is violating state and federal law and using the conspiracy charges to control illegal immigration, which is the federal government's job.
Thomas and Sheriff Joe Arpaio have redoubled efforts to arrest undocumented immigrants and charge them with violating the Arizona human trafficking law.
"(Thomas) was elected to be a county prosecutor, not the head of the federal Department of Homeland Security," said Peter Schey of the LA-based Center for Human Rights and Constitutional Law.
Both motions are to be argued before Maricopa Superior Court Judge Thomas O'Toole on May 23. His decision will likely be appealed to a higher court.
"The defense attorneys are challenging our opinion that the conspiracy statute is applicable to the human smuggling statute," said Special Assistant County Attorney Barnett Lotstein."We are absolutely certain it can be."
Lotstein said that by agreeing with a smuggler, the defendants entered into conspiracy. He argued the Legislature could have said conspiracy was not applicable to the statute when it was written.
On March 2, sheriff's deputies arrested more than 50 undocumented immigrants. .
One was charged with human smuggling and will go to trial; 48 others were charged with conspiracy to commit human smuggling and were offered plea agreements.
Only one defendant accepted the offer. The rest are awaiting the outcome of the motions.
April 6, Timothy Agan from one of the county's public defenders' offices filed a motion to dismiss charges on behalf of his client .
Most of the remaining defendants are signing on to Agan's motion.