http://kvoa.com/Global/story.asp?S=5564737

convicts first immigrant on smuggling conspiracy charge

PHOENIX -- Prosecutors on Thursday won their first jury conviction against an illegal immigrant who was charged as a conspirator under an Arizona smuggling law.


The 14-month-old law targets immigrant smugglers, but a prosecutor has said that those who paid to be sneaked into the country also can be charged as conspirators to the crime. The interpretation has drawn sharp response from immigrant advocates who said prosecutors were overreaching.

While scores of smuggling customers have pleaded guilty under the law, prosecutors said the conspiracy conviction of 28-year-old Adolfo Guzman-Garcia is another validation of their approach in confronting human trafficking in metropolitan Phoenix, a hub for smugglers transporting illegal workers across the country.

"We will continue to keep the heat on until both the smugglers and the conspirators get the message," said Maricopa County Attorney Andrew Thomas, the state's only prosecutor to use the conspiracy approach.

One hundred sixty-one people _ most of whom were the customers of smugglers _ were convicted in Maricopa County under the law. All but two of the convictions were won through guilty pleas.

While a jury had found one smuggler guilty in July, a judge in the same trial dismissed conspiracy charges against two of his customers, saying prosecutors didn't provide substantial evidence that two or more immigrants had agreed to be smuggled.

In the case that brought Thursday's conviction, authorities said Guzman-Garcia and 10 other men from Mexico were arrested in May when the truck they were traveling in was spotted speeding south of Phoenix.

Once a sheriff's deputy prompted the truck to pull over, the driver and occupants fled on foot into the desert. The smuggler was never caught, authorities said.

Jose Antonio Colon, attorney for Guzman-Garcia, didn't return calls late Thursday afternoon seeking comment.

Timothy Agan, a lawyer who had represented an immigrant charged as a conspirator in another case, said the nearly 290 cases filed under the law in Maricopa County won't dent the problems that have led to an estimated 11 million immigrants living in the United States illegally.

"I don't even think that's a drop in the bucket," said Agan, who unsuccessfully challenged the law in court. "I don't know how (Thomas) claims to be solving the problem."

Thomas said the convictions his office has won won't overcome Arizona's border woes.

"This is going to be a long-term battle," Thomas said. "But we are already seeing some short-term signs that this enforcement program is contributing to at least alleviating some of the pressure on the greater Phoenix area."