Thread: KY: Judge rules in favor of landlord defense in harboring ca

Don't see that this has been posted yet. Another adverse ruling:
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Judge rules in favor of landlord’ defense in harboring case
Posted by Delano Massey on June 17, 2008

By Brandon Ortiz

BORTIZ@ HERALD-LEADER.COM
In a major blow to the federal government, a federal judge ruled Tuesday that an indicted Lexington landlord can use his ignorance of the law as a defense in a harboring trial scheduled to start next week.

William Jerry Hadden, 69, goes to trial Monday on charges that he harbored 60 illegal immigrants by allowing them to rent apartments at two Cardinal Valley apartment complexes in Lexington.

The trial is thought to be the first time the federal government has prosecuted a landlord for renting to illegal immigrants, defense attorneys have said in court filings.

Hadden’s defense attorneys have steadfastly maintained his innocence and claim that the federal government is twisting the intent of harboring laws. Tuesday’s ruling will allow defense attorneys to argue that even if Hadden broke the law, he cannot be prosecuted because the law is confusing and vague and he did not understand it.

U.S. District Judge Karl Forester ordered the government to turn over all documents related to an “outreach programâ€

federal judge ruled Tuesday that an indicted Lexington landlord can use his ignorance of the law as a defense in a harboring trial

What in the world is this country coming to? I was always taught that ignorance of the law is no excuse!

When an individual runs a business, he or she should be fully cognizant of all laws pertinent to the running of said business.

WTF! Tax laws are the most confusing of all. But if someone claims ignorance of tax laws I am sure the IRS will be in the door step and no judge will permit the "oops I didn't know" defense.

"In a major blow to the federal government", this is a MAJOR blow to United States Citizens who do not PROFIT from the invasion of the ILLEGALS!

Our elitist politicians and their elitist contributors consider United States citizens only as "units of labor" and the sooner we become a Third World Country the better for their "bottom line"! Our elitist politicians and their elitist political contributors will not be happy until they transform the United States into a Third World Country for most of our citizens while furnishing the Chamber of Commerce and all their Elitist Special Interest Groups with their supply of "cheap labor". The politicians and their Elitist Contributors are providing "benefits" to the ILLEGALS on the backs of United States and Florida citizens through our assets such as the Education System, Social Security, and Health Care not to mention our National Security while "privatizing" the profits for themselves!

Originally Posted by MW

federal judge ruled Tuesday that an indicted Lexington landlord can use his ignorance of the law as a defense in a harboring trial

What in the world is this country coming to? I was always taught that ignorance of the law is no excuse!

When an individual runs a business, he or she should be fully cognizant of all laws pertinent to the running of said business.

I too was under the assumption that ignorance of the law was no defense.
When I got a ticket for speeding, unknown to me, my speedometer was not functioning properly so I thought I was driving within the speed limit and was informed that was no defense.

Criminals can claim 'I didn't know it was against the law' to anything.

Will pedophiles use the defense I didn't know his/her age? I didn't know it was a crime.........

This one definitely needs to go to appeal. If the federal government dd not vigorously enforce the law whenever it can some of those who were in fact targeted would start complaining they were being treated unfairly.

Hasn't this judge ever heard the phrase "compelling national interest?" That tends to automatically trump a lot of arguments.

Apartment manager in immigration case wasn't authorized to work in U.S.
June 24, 2008

apartment Manager says he used false papers to get job
By Shawntaye Hopkins


A man hired as a maintenance worker, then promoted to general manager by a landlord charged with harboring illegal immigrants, testified in federal court on Monday that he used his son's Social Security number to get the job.


Juan Apodaca, who speaks English and Spanish, testified that he used his son's Social Security number to get the maintenance job in 2000 because he was not authorized to work in the United States.


He was testifying in the trial of William Jerry Hadden, 69, charged with 24 counts of harboring illegal immigrants and 24 counts of encouraging illegal immigrants to remain in the country. Hadden and his son Jamey, who is in Vietnam, rented to 60 undocumented immigrants at Wood-ridge and Cross Keys apartments in Lexington.


Hadden is also charged with five counts of money laundering.


Apodaca, who was born in Mexico, came to the United States on a six-month visa that expired before the Haddens hired him. He obtained his green card in March 2008.


While handling tasks such as plumbing and painting, Apodaca sometimes translated for prospective tenants who could not complete on their own applications that were in English. Apodaca said Jerry Hadden and another office employee often asked for his help; Jamey Hadden spoke Spanish.


Apodaca became more involved in leasing apartments after Jamey Hadden left the country, and Apodaca was eventually promoted to general manager. He assisted in leasing apartments to tenants, many of whom did not have Social Security numbers, and he helped many of them set up utilities.


When Kentucky Utilities representatives refused to accept applications over the phone from people without Social Security numbers, Jerry Hadden called the company to ask about the policy. In one audio recording played in court, Hadden replied that some of the tenants might be illegal after a KU representative asked whether that was why they did not have Social Security numbers.


Hadden Associates, including Jerry Hadden and Apodaca, started setting up accounts in the company's name.


KU would allow people without Social Security numbers to set up accounts in person with a lease and proper identification. In one case, Apodaca testified, Apodaca printed a lease for a man's girlfriend so the girlfriend could set up a KU account.


Apodaca said he was not sure whether the woman lived at the residence, and he did not discuss this with Jerry Hadden. Many of the tenants used Mexican driver's licenses or voter-registration cards as proof of identification with apartment applications.


Apodaca testified that Jerry Hadden, who gave him an apartment and then helped him buy a house, was like a father to him. Apodaca's own parents are U.S. citizens, and they live and work on Hadden's property.


Asked by defense attorney Romona Little of Lexington about how he knew many of the tenants were illegal, Apodaca said he assumed they were illegal because they did not have Social Security numbers.


Defense attorney Tucker Richardson contends that Jerry Hadden did not harbor illegal immigrants. And, Richardson said, Jerry Hadden was never told he could not rent to illegal immigrants.


Apodaca said he went to Jerry Hadden after hearing about a Texas law prohibiting landlords from renting to illegal immigrants, and Hadden replied that he'd be broke if the law existed in Lexington.


Apodaca agreed when Little suggested that Jerry Hadden's reaction in that conversation meant he did not believe there was such a law in Lexington. And Apodaca said he believed Hadden would stop renting to illegal immigrants if he felt he was violating the law.


Assistant U.S. Attorney Frances E. Catrone-Malone contends Jerry Hadden knew he was renting to illegal immigrants and had started changing his business practices around 2000-2001 to accommodate a “marketing niche.â€

I AGREE. I ALWAYS THOUGHT THE RULE OF THUMB WAS IGNORANCE OF THE LAW WAS NO EXCUSE. I GUESS THIS SETS A NEW PRECEDENT. NOW AMERICANS CAN ALL SAY THEY DID NOT UNDERSTAND THE LAW AND THEY WILL JUST GO FREE.

Other than being ILLEGALS I wonder what other crimes Jerry Hadden's ILLEGALS have committed in the United States while being assisted by Jerry Hadden. Remember Robert Camp's ILLEGAL murdered a Houston Police Officer by shooting him in the back and the back of his head six times!

Originally Posted by MW

federal judge ruled Tuesday that an indicted Lexington landlord can use his ignorance of the law as a defense in a harboring trial

What in the world is this country coming to? I was always taught that ignorance of the law is no excuse!

When an individual runs a business, he or she should be fully cognizant of all laws pertinent to the running of said business.

That is what I was always told also....guess it does not apply to illegal aliens but then why would it nothing else does either