Charges dismissed against 2 in smuggling case
Associated Press
Jul. 11, 2006 04:31 PM


A judge on Tuesday dismissed charges against two illegal immigrants accused of conspiring to violate a new state human smuggling law.

The dismissal came after two days of testimony in the first trial of illegal immigrants charged as conspirators under the Arizona law, which targets smugglers but has been interpreted by a prosecutor as applying to those being smuggled.

Maricopa County Superior Court Judge Thomas O'Toole said the prosecution provided no substantial evidence that the immigrants conspired to violate the law.

Prosecutors said the immigrants formed a group to sneak themselves into the country and that items found inside the vehicles - such as carpet scraps that can be tied to shoes to reduce footprints in the desert - are evidence of smuggling.

The two men on trial this week were among 51 people arrested southwest of Phoenix in March while traveling in two vans.

"You happen to be in a vehicle with other people on the same mission," O'Toole said.

O'Toole declined to dismiss a charge against a third illegal immigrant charged with the actual human smuggling.

Gustavo G. Unbalejo, 29, and Antonio Hernandez, 21, were only charged with one count of conspiracy to violate the smuggling law. They'll likely be turned over to immigration agents for deportation.

Trial will continue for a third man facing trial, Javier Ruiz, 33, charged with actually smuggling the migrants. All three men are from Mexico.

Unbalejo and Hernandez were being prosecuted under a novel interpretation of a 2005 state law which was intended to help local authorities crack down on migrant smuggling.

The law makes it a midlevel felony punishable by up to 2 1/2 years in prison to smuggle illegal immigrants.

Maricopa County Attorney Andrew Thomas has drawn criticism from immigrant advocates for using the law to target not only smugglers, but also to charge their customers as conspirators to the crime.

The men on trial this week were part of a group that crossed into the country near the western Arizona border city of San Luis. Group members came from throughout Mexico and intended to find work or join family members already living in the United States.

Critics said the law was never intended for use against the customers of smugglers. Thomas said his approach is needed for holding rank-and-file illegal immigrants accountable.

The interpretation was upheld a month ago by a trial court judge, and a lawyer for one of the immigrants said he intends to appeal the decision.
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