Thursday, December 1, 2005
Judge asked to drop charges against 2 aiding immigrants
CLAUDINE LoMONACO
Tucson Citizen
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A humanitarian aid group has asked a judge to dismiss charges against two volunteers accused of transporting illegal immigrants. A hearing on the request is set for 1:30 p.m. Dec. 14 in U.S. District Court here.
A motion filed by defense attorneys argues that Daniel Strauss and Shanti Sellz, both 23, were acting legally when they were arrested July 9 on Arivaca Road for trying to drive three illegal immigrants to medical care at Southside Presbyterian Church. The migrants said they had drunk contaminated cattle tank water and were too ill to continue their journey through the desert.
The motion is partially based on a 1977 decision by the 9th U.S. Circuit Court of Appeals that said merely transporting an illegal immigrant for employment or humanitarian purposes does not constitute criminal activity, but that such action must be "in furtherance" of the person's illegal entry to be a crime.
Prosecutors have 10 days to respond to the request for dismissal. A trial is set for Dec. 20.
