Thread: Traffic citation against immigrant dismissed

This story involves four "anchor babies," and a pathway to citizenship for an illegal alien that crossed our border at least twice, and if charged properly the first time she would now probably be a felon.

(quote)


August 16, 2008

Traffic citation against immigrant dismissed

Pregnant woman was shackled after her arrest in Nashville

By CHRIS ECHEGARAY
Staff Writer

It was easily one of the most highly attended, polarizing and notable citation hearings in Berry Hill traffic court history — prompting the presence of immigration advocates, human rights supporters and a representative from the Atlanta-based Mexican Consul.

Friday's hearing stemmed from a traffic stop that led to the shackling of a woman who was nine months pregnant, who later went into labor and gave birth while in custody after her July 3 arrest. It sparked national attention.

Juana Villegas, 33, was pulled over and charged with careless driving and driving without vehicle insurance. She didn't have a driver's license but had a Mexican consulate identification card. Villegas, an illegal immigrant, is facing deportation from the arrest.

With more than 50 people in attendance, Villegas sat near her lawyer as the judge dismissed the careless driving charge on a technicality — the officer wrote the wrong arrest location on the citation.

"I've never had this much support for anything until today," Villegas said. "This is good."

Human rights supporters and immigration advocates say the case signifies an undercurrent of bias against immigrants, possible racial profiling by police and a violation of human rights that led to the arrest of a woman who shouldn't have been taken into custody.

Villegas' lawyer, Elliott Ozment, went over the traffic stop by Berry Hill Sgt. Timothy Coleman and asked if there was a video of the incident recorded in the police cruiser. The video, Coleman said, was not working. The admission drew chuckles and sighs from the crowd.

Coleman testified that Villegas had said, "No legal, no legal" during the traffic stop, and pointed to her stomach and said, "Bambino," the Italian word for baby. Villegas and her 14-year-old son, who served as a translator during the incident, deny those words were said.

The 14-year-old testified that the engine was shut off as he sat in the heat with his siblings, a 2-year-old sister and an 11-year-old brother. He said the officer told them to hug their mother because she was about to be arrested.

Lawsuit considered

Ozment tried to delve into Coleman's history of traffic stops, including questions about his pulling over Latinos. But Judge Larry Cantrell would not allow that line of questioning.

Villegas, who has no criminal record, was held in the Davidson County jail and shackled to her Nashville Metro General hospital bed before and after delivering her baby on July 7.

Villegas was separated from her newborn son for two days and not allowed to bring a breast pump or cream for lactating mothers back to jail.

When a person is arrested on state charges — such as driving without a license, as Villegas was — officers have the option to write a ticket or make an arrest. Coleman opted for arrest out of what his report indicates was concern that "prosecution would be jeopardized."

The implications of an arrest from a basic traffic violation and how local law enforcement interprets immigration law is playing out for all to see, said Stephen Fotopulos, executive director of the Tennessee Immigrant & Refugee Rights Coalition.

"This entire case has galvanized the community to see how a simple, alleged violation can lead to what happened to Juana Villegas," he said.

Still, Villegas faces deportation and it's unknown whether she will stay or go. Ozment declined to comment on her deportation but said he was content with the dismissal of the charge and is considering a human rights lawsuit.

"In the final analysis, the evidence will show the total lack of respect for her, her children and her human rights," Ozment said.

Villegas, a native of Mexico, first arrived in the U.S. in the 1990s. The sheriff's office has said she either was deported or left voluntarily in the late 1990s and then returned to the country without authorization. She has four American-born children.(quote)


http://www.tennessean.com/apps/pbcs.dll ... 006/NEWS01

Ephesians 4:32

As she was driving without a license, the officer didn't have anything to reference to write a ticket on. He might as well have written it to Jane doe. As for her having no criminal record, she just hadn't been arrested here in the states before. There was no record to look up as she is a non-person. She's probably been driving for years without a license which is illegal as well as being her illegally and probably has been getting benefits to have children and they've been going to school etc. The ADVOCATES have no leg to stand on and the Judge is an idiot for throwing out a valid charge against this woman.

I've maintained for years that illegals get away scott free on traffic violations while we all pay!

You can not break the laws and think you will get a pass because you are a parent.

So if I cancel my insurance, steal a tag, steal ID, steal Social Security number, have anchor babies, no driver's license, then the judge will show mercy on me if I am illegally in a country.

What is wrong with these illegals?

Villegas, a native of Mexico, first arrived in the U.S. in the 1990s. The sheriff's office has said she either was deported or left voluntarily in the late 1990s and then returned to the country without authorization. She has four American-born children.(quote)

WHAAT? The sheriff's office doesn't know if she was deported or left of her own accord! Is there still so much of a divide amongst law enforcement agencies, and aren't there deportation records anywhere to be found?

Originally Posted by vortex

Villegas, a native of Mexico, first arrived in the U.S. in the 1990s. The sheriff's office has said she either was deported or left voluntarily in the late 1990s and then returned to the country without authorization. She has four American-born children.(quote)

WHAAT? The sheriff's office doesn't know if she was deported or left of her own accord! Is there still so much of a divide amongst law enforcement agencies, and aren't there deportation records anywhere to be found?[/quote]

There sure is. Your talking Feds vs local. They have no relationship. Besides, again, she's a non person with no real way to prove who she is, and no license so there's nothing to link up. Fingerprinting might be the only way, and if the fingerprinting equipment is handy, oh well...

She is ILLEGAL and needs to be deported immediately!!!!

Can you imagine the US govt. sending a person to representive you in a traffic ticket? All this hubbub is to try and stir up sympathy for another person living off the system. Having been to this traffic court, I've never seen any of these charges dismissed. They chucked when I questioned mine and sent me to traffic school. Nobody ever gets out of these charges. THis was strictly political and no wonder they have such boldness, when 50 people come to your rescue. They picked this woman because of her pregnancy, always a good one for sympathy. THere have been over 3500 deported...apparently none of them ever gain much attention.

Thanks, mapwife. I was almost going to slam this sheriff's department as being just lazy. Now I am more worried than ever about the prospects this country will ever get rid of illegals, as if the powers-that-be and their corporate buddies ever wanted to.

As a college kid in Fairfax County, VA. I went to the local governmental office to gather information about my thesis. I parked but didn't have any change to put in the meter (10 cents) and after ignoring the parking ticket, I was hauled into court. I will never forget how hard it is to respond to a judge when he asks me if I am guilty or not guilty, when you are really trying hard not to fall to the floor laughing.

"In the final analysis, the evidence will show the total lack of respect for her, her children and her human rights," Ozment said.

How about the TOTAL LACK OF RESPECT for our laws, borders, sovereignty.

Then she may SUE. I say to all Americans who are victims of illegals. Sue Sue Sue, that what Americans Need to Do.