Thread: CO: Bill aims to prevent ‘get out of jail free card’ for ill

Bill aims to prevent ‘get out of jail free card’ for illegal immigrants

posted by: Dan Boniface , Web Producer
written by: Adam Schrager , Political Reporter created: 5/2/2007 7:11:00 PM
Last updated: 5/2/2007 7:14:59 PM


DENVER - A Senate committee on Wednesday unanimously approved a measure to prevent illegal immigrants from a "get out of jail free card," according to one of its sponsors.


House Bill 1040 seeks to close a loophole in Colorado law that gives judges discretion on whether to dismiss criminal charges against illegal immigrants after they've been deported by federal authorities. Numerous law enforcement officers told the Senate Judiciary Committee that often times, the illegal immigrants will return to their jurisdiction without having to go through the justice system as would American citizens.

"If you happen to be a victim of crime of someone who's here illegally, they're getting a free pass and you're getting next to no justice for it," said Terri Livermore with the Colorado Organization for Victim Assistance.

Two high-profile cases in El Paso County led that county's sheriff, commissioners, and district attorney to approach lawmakers this year to clearly spell out where judicial discretion should be curtailed.

In one case, a judge dismissed charges against an illegal immigrant who had been deported, but then, returned to El Paso County to allegedly commit another crime, kidnapping.

El Paso County Sheriff Terry Maketa alleges the practice is understood and exploited by illegal immigrants who would rather deal with deportation and exhibiting a low profile than going through a trial.

They describe a scenario where citizens who did not show up in court would have a warrant issued for their arrest. However, some judges, feeling that a defendant is out of the country and therefore unable to go to trial, will dismiss charges.

Refiling charges, according to former Jefferson County District Attorney Dave Thomas, who is now with the Colorado District Attorneys Council, is lengthy, costly and in some cases, illegal.

"What we're doing is we're discriminating against U.S. citizens," said Paula Presley, a commander with the El Paso County Sheriff's Department. "We are saying we will hold you accountable in the justice system but if you are not a U.S. citizen, you have the opportunity to make your own determination whether you'll be held accountable in the justice system."

Maureen Kane with the Colorado Defense Bar Association said in her two-plus decades of legal work, she has not witnessed a case where a judge has dismissed charges because a defendant had been deported. She said the state's public defender's office had not heard of an incident either. She said she's not opposed to insuring citizens and non-citizens experience the same fairness of the legal system, but that this is not a widespread problem.

"I'm not going to say that it's not happening," Kane said. "I'm sure that it has, but I don't think our courts are going around on a regular basis if somebody is deported, dismissing cases."

The measure heads to the Senate Appropriations Committee. It has already passed the State House.

http://www.9news.com/rss/article.aspx?storyid=69226

In one case, a judge dismissed charges against an illegal immigrant who had been deported, but then, returned to El Paso County to allegedly commit another crime, kidnapping.

But this can't be true, Georgie Boosh told us, just a few days ago, that our borders were now secure