http://kutv.com/topstories/local_story_356220007.html

Dec 22, 2006 7:58 pm US/Mountain

Four Indicted Immigrants Allowed To Remain Free
SALT LAKE CITY Over objections from prosecutors, a U.S. Magistrate has released four workers arrested in a raid of a Cache Valley meat processing plant to a halfway house pending trials.

Assistant U.S. Attorney Michael Kennedy immediately appealed Alba’s Thursday ruling.

But within an hour, it was upheld by both U.S. District Judge Dee Benson and Judge Paul Cassell, who sat side-by-side on the bench to hear arguments.

Kennedy had argued that releasing the four men would place them into the custody of U.S. Immigration and Customs Enforcement, which alleges they are in the country illegally. He said it was likely the four would be deported and avoid prosecution.

Alba called the argument “incredulous” and said ICE would probably not deport defendants after asking federal attorneys to prosecute them.

The judge said prosecutors failed to prove the men were a flight risk. At a halfway house, the men will have 24-hour supervision, he said.

Defense attorneys said their clients have strong ties to the community and want to fight the charges.

“These people are coming here to do jobs that American citizens don’t want,” said attorney Ron Yengich, who represents one defendant.

The four defendants were among 17 people indicted by a grand jury after arrests in a Dec. 12 raid of a Swift-owned plant in Hyrum, Utah. All are suspected of selling identification documents of U.S. citizens to undocumented workers.

Thirteen of the 17 appeared in court Thursday and pleaded not guilty to the charges.

In a separate courtroom, U.S. Magistrate David Nuffer released one defendant pending trial and ordered eight others held in jail.