Thread: Trial of supervisors in illegal alien case set for Nov. 27

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Trial of supervisors in illegal alien case set for Nov. 27

By Paul A. Long
Post staff reporter


Five Fischer Homes supervisors charged with allowing illegal immigrants to work on their Northern Kentucky job sites are now scheduled to go on trial at the end of the month.

During a hearing Monday in Covington, U.S. District Judge David Bunning rejected a request to delay the proceedings, and said he will set aside two weeks after Thanksgiving for the trial.

It will be the first time a jury will hear details of the two-year investigation by Immigrations and Customs Enforcement agents into the home-building industry in Northern Kentucky.

The probe broke open in May when agents swooped down on several Fischer Homes worksites in Boone County and arrested nearly 100 people. The vast majority were Mexican or Central American nationals charged with being in the United States illegally, and most have pleaded guilty to that misdemeanor charge and been deported.

At stake in the upcoming trial is whether the five supervisors - Timothy Copsy, Douglas Witt, William Allison, Ronald Vanlandingham and David Schroeder - conspired to harbor the illegal immigrants by providing them jobs.

Attorneys for the five expect all will go to trial, and none will accept a plea bargain.

The trial will begin Nov. 27, Bunning ruled, and conclude by Dec. 8.

It's likely to plow new legal ground in immigration statutes that some lawyers say are confusing and contradictory. Among the issues to be addressed, lawyers say, are who is responsible for hiring and firing the workers, and whether that task is part of the responsibility of the mid-level Fischer supervisors on trial.

No one else from Fischer Homes has been charged in the case, and its attorney said Monday it has not changed its position: neither the company nor its employees did anything wrong. The five defendants remain working for Fischer Homes.

A sixth indicted man - William Ring - later had the charges dropped. It's unclear if he will testify or if the case against him was dropped for a lack of evidence.

A second issue in the trial is who has responsibility for determining the immigration status of the employees of contractors and subcontractors.

In its filing, the federal government said the Fischer supervisors cannot hide behind the screen of contractors to protect themselves. But their attorneys said questioning the immigration status of non-employees working on job sites would be in violation of other federal laws.

Several of the contractors will testify on behalf of the government, including Robert Pratt, a Tennessee man who authorities said was the key link between the illegal immigrants and Fischer Homes. Pratt, along with several co-workers and members of his family, have pleaded guilty to harboring the immigrants and are awaiting sentencing.

The indictment against the five men says they conspired with each other to provide the illegal immigrants with jobs and shield them from detection. Specifically, it says, they "utilized, supervised, and authorized payment for construction crews run by Nelson Trejo, an undocumented alien, and comprised of other undocumented aliens."

Trejo, a contractor indicted with Pratt, has pleaded guilty to charges and agreed to testify for the government.

A jury also might have to determine whether the five illegally harbored the workers for "commercial advantage or personal gain." Attorneys argued at Monday's hearing whether that was part of the crime or part of the sentencing procedures; Bunning did not make an immediate ruling.

Each of the supervisors faces a maximum of 10 years in prison if found guilty.

Publication date: 11-14-2006
http://news.cincypost.com/apps/pbcs.dll ... /611140377

2ndamendsis excerpt:

Trial of supervisors in illegal alien case set for Nov. 27

Not anymore. The below article was posted to another post similiar to the one you posted above.

Posted: Fri Nov 17, 2006 5:12 pm Post subject:

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http://www.kentucky.com/mld/kentucky/ne ... 028647.htm

Posted on Thu, Nov. 16, 2006


Judge dismisses charges in illegal immigrant case


Associated Press

COVINGTON, Ky. - A federal judge dismissed charges against five supervisors for a northern Kentucky home builder who were accused of hiring illegal immigrants.

U.S. District Judge David Bunning dismissed the charges Wednesday after prosecutors said a key witness disappeared. Bunning told Assistant U.S. Attorney Bob McBride the charges could be refiled if the witness was found and returned to Kentucky.

The action came two days after Bunning had set a trial date of Nov. 27.

In May, federal agents raided several Fischer Homes worksites in Boone County and arrested nearly 100 people. Most were Mexican or Central American nationals who were charged with being in the United States illegally. Most pleaded guilty to that misdemeanor charge and were deported.

The five Fischer Homes supervisors - Timothy Copsy, Douglas Witt, William Allison, Ronald Vanlandingham and David Schroeder - were charged with conspiring to harbor illegal immigrants.

good catch

Post the Alipac link, MW
Thanx

.

http://www.alipac.us/modules.php?name=F ... ic&t=44467

Originally Posted by MW

http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=44467

Posted: Fri Oct 20, 2006 5:44 pm Post subject: Mark yr calendar for Nov. 17 sentencing

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Has anyone checked on these folks recently? They are probably half way to Mexico by now. Why would they be released on bail? I would certainly think they were a flight risk, especially since they are facing prison and later deporation. Some things just never cease to amaze me. [/quote]



MW
I guess we will find out on Nov. 17. They either show up for sentencing or not. We can call Asst. U.S. Attorney Bob McBride.

MAGYART
judge DISMISSED the case

MW
thanx for getting the link up

.

Has anyone checked on these folks recently? They are probably half way to Mexico by now. Why would they be released on bail? I would certainly think they were a flight risk, especially since they are facing prison and later deporation. Some things just never cease to amaze me.

Hmmm..........guess they didn't have to run after all. Heck, why run when you can just pay the prosecuting attorney's witness enough money to run!