http://kvoa.com/Global/story.asp?S=5674503

Civil trial to start for rancher known for detaining immigrants

TUCSON, Ariz. -- Immigrant rights advocates who have campaigned against abuses of migrants hope a civil trial starting Tuesday in Bisbee will hit the pocketbook of a man who is accused of threatening Mexican-Americans on his ranch.


A lawsuit against rancher Roger Barnett alleges that he threatened a hunting party of Mexican-Americans from Douglas with an assault rifle after Barnett accused them of trespassing on his Douglas ranch on Oct. 30, 2004.

Barnett, who has said he has detained more 10,000 illegal immigrants in the last 10 year, has denied threatening the hunting party. He said he only took out his gun because the adults in the hunting party were carrying rifles.

Barnett has been targeted for lawsuits because of his activities in apprehending illegal immigrants. Most have been caught on ranch land that he owns or leases and patrols with his wife and brother, then turned over to the Border Patrol for removal to Mexico.

Groups including the Border Action Network, the Mexican-American Legal Defense Fund and the Southern Poverty Law Center have encouraged immigrants and Mexican-American citizens alike to come forth to document alleged abuses by Barnett and others that could lead to lawsuits.

Two other lawsuits against Barnett, also with the assistance of the Border Action Network, have been dismissed, while one filed by MALDEF is pending. That lawsuit names Barnett, his wife and brother, and Cochise County Sheriff Larry Dever, alleging conspiracy to violate migrants' civil rights.

In the latter case, Barnett was accused of kicking a woman lying on the ground and of threatening to have his dog attack anyone in a group of immigrants that he stopped who tried to leave.

In 2003, the Border Action Network said that it was looking for migrants victimized by armed individuals or civilian groups who were patrolling the border, and began investigating for records and interviewing people.

The lawsuit going to trial on Tuesday claims that Barnett's actions during the 2004 confrontation constituted assault, false imprisonment, negligence and intentional infliction of emotional distress.

A claim of battery was dismissed in April, and earlier this month a judge dropped charges against Barnett's wife and brother. The lawsuit seeks more than $200,000 and punitive damages.

Superior Court Judge James Conlogue in Cochise County denied additional defense motions for dismissal and noted that hunters have rights to cross a property as long as no signs are posted prohibiting hunting.

But John Kelliher, Barnett's lawyer, said Conlogue ruled in Barnett's favor on several pretrial motions to limit the scope of testimony and evidence.

Among material precluded will be hundreds of pages of Border Patrol and Cochise County sheriff's reports dealing with Barnett's apprehensions of illegal immigrants on his property, Kelliher said.

Barnett is being sued by Ronald Morales of Douglas, claiming that Barnett pointed an AR-15 assault rifle at him, his father, two young daughters and one of the girls' friends while on an outing to hunt deer.

Barnett has denied threatening Morales and the others, and said he drew his weapon only because Morales and his father were holding rifles.

The lawsuit contends that the Morales party was legally crossing land near Douglas _ which Barnett leases from the state _ when he allegedly threatened them and used abusive, racist language.

At the time the lawsuit was filed, Morales said, "I didn't serve six years in the United States Navy so that my family's civil rights could be violated."

In 2003, the Border Action Network said that it was looking for migrants victimized by armed individuals or civilian groups who were patrolling the border, and began investigating for records and interviewing people.

"In some ways, all these suits come from that campaign, that initiative to put the word out that these people are committing crimes, that these abuses need to be reported and documented," said Jennifer Allen, director of the Border Action Network.

Allen said there have been other incidents involving local ranchers firing weapons in the air to scare migrants, but no other cases have been developed to the point of trying to present charges against anyone.