Thursday, December 15, 2005

Two migrant-aid workers want judge to toss smuggling charges

A.J. FLICK

Tucson Citizen

Two humanitarian aid workers charged with human smuggling testified yesterday that border officials had approved transporting illegal immigrants in medical emergencies.

Shanti Sellz of Prescott and Daniel Strauss of Tucson, members of the humanitarian cooperative No More Deaths, testified in U.S. District Court during the first part of a hearing on their attorneys' motion to dismiss charges.

Sellz and Strauss were arrested July 9 with three illegal immigrants inSellz's car. Sellz and Strauss said they were driving the three men to South Side Presbyterian Church because they were in severe medical distress.

A Border Patrol spokeswoman said at the time that the men being transported were not in medical distress.

Sellz and Strauss are charged with transporting an illegal immigrant and conspiracy to transport an illegal immigrant.

Strauss, who once was a certified emergency medical technician, said one of the immigrants had vomited twice and reported having diarrhea, signs of severe dehydration.

Sellz and Strauss said they were told that Michael Nicley, chief of the U.S. Border Patrol's Tucson sector, and former Tucson sector chief David Aguilar, who now heads the entire Border Patrol, had approved No More Death's protocol to transport illegal immigrants in medical emergencies. They were told by lawyers and other humanitarian workers, they said.

Under cross-examination, Sellz and Strauss said they never saw any agreement in writing and neither attended meetings with Border Patrol officials.

Legal arguments in the dismissal motion centered on federal law that says no one can help illegal immigrants "in furtherance of their illegal presence."

No More Deaths contends the Border Patrol's alleged oral approval of medical evacuation plans means Sellz and Strauss were acting legally.

Prosecutors say defense attorneys haven't proved that any such approval was given and that jurors should decide whether the pair's actions were lawful or not.

July 9, Strauss testified, nine men were found in the desert by a No More Deaths team.

"Three had medical conditions that could not be treated in the field and needed further medical treatment," Strauss testified.

"We had no backing to bring the (other six) people to Tucson legally," he said.

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