Human smuggling case dismissed

Ten alleged victims were deported before being interviewed.

By JEFF TUCKER
THE PUEBLO CHIEFTAIN
The case against a Mexican national charged with 10 counts of smuggling humans was dismissed last week after a judge ruled his rights to due process were violated when his cargo was deported.

David Vazquez-Hernandez was arrested Oct. 6 after Colorado State Patrol officers pulled him over on Interstate 25 with 10 others in a white Ford Explorer.

All 10 of the occupants in the vehicle were deported.

But the deportations were done prior to Vazquez-Hernandez's attorneys having the chance to interview them to prepare his defense.

District Judge Jill Mattoon originally rejected the motion to dismiss the case, but after Vazquez-Hernandez's attorneys filed a motion to reconsider, dismissed it. According to Mattoon's ruling, the defense argued that the officer's version of some of the statements given by the occupants were not consistent with what they actually said in videotaped interviews.

It was also argued that the passengers may have provided testimony that was favorable to Vazquez-Hernandez's case, including one witness who claimed he helped pay for gasoline during the trip.

Other occupants were ambiguous about whether they were required to pay Vazquez-Hernandez once the trip was finished.

Because these statements were apparent before the men and women were deported, Mattoon ruled that their deportation constituted a violation of Vazquez-Hernandez's rights to due process and dismissed the case.

Vazquez-Hernandez was released into the custody of immigration officials.



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