Judge reverses immigrant smuggling conviction

11:16 AM Mountain Standard Time on Tuesday, December 5, 2006

By 3TV

A Maricopa County Superior Court judge has made a major decision on a landmark case involving illegal immigrants.

Judge Thomas O'Toole has reversed a decision involving the case of Adolfo Guzman-Garcia, the first illegal immigrant convicted of smuggling himself into Arizona.

Prosecutors win first jury conviction on smuggling conspiracy charge
Maricopa County Attorney Andrew Thomas and Sheriff Joe Arpaio have been using the state law to charge not just the smugglers but those who paid to be taken across the border as well.

Today's court ruling effectively throws out the evidence against Guzman-Garcia and acquits him.

The county attorney will hold a news conference this afternoon to discuss the significance of the decision and whether there will be an appeal.

But right now, the bottom line is the state's human smuggling law does not apply to those who smuggle themselves into the country.
http://www.azfamily.com/news/local/stor ... 6075a.html