Thread: Illegal immigrant manipulates U.S. court system

May 04, 2007


Illigal immigrant manipulates U.S. court system
Tony Phyrillas

An illegal alien, driving without a license, crashes into a car driven by a county judge in suburban Philadelphia.

The illegal alien hires a lawyer who proceeds to drag things out by asking that the case be heard by a judge from outside Montgomery County, where the crash took place.

The illegal alien wants bail set so he doesn't have to sit in jail awaiting trial. The illegal alien wants to go back to work, his lawyer says. Work? Don't you have to be legally in this country to work?

What's wrong with this picture? Am I living in some bizarro world where lawbreakers are allowed to manipulate our criminal justice system? The U.S. Constitution protects the rights of citizens, not lawbreakers who sneak across our borders.

Why should somebody who enters this country illegally, takes a job illegally and drives on our roads without a license be afforded the same rights as a U.S. citizen?

The case involving the judge was reported by Carl Hessler Jr., who covers the Montgomery County Courthouse in Norristown for The Mercury.

Rigobert Garcia-Ortega, 23, is charged in connection with a two-vehicle crash that injured a Montgomery County judge on Dec. 17, 2006. Garcia-Ortega, through his lawyer, doesn't want any Montgomery County judge to preside over his case.

Garcia-Ortega's lawyer filed court papers this week asking all the county's judges to recuse themselves from hearing the matter in order to avoid the "appearance of impropriety."

Montgomery County Common Pleas Judge Thomas P. Rogers was injured in the accident when his vehicle was rear-ended by a pickup truck driven by Garcia-Ortega.

Rogers, 55, was flown to an area hospital for treatment. Garcia-Ortega and three passengers in the pickup truck he was driving were not injured. (We're not sure if the three passengers were illegal aliens either).

The only reason this case is getting so much notoriety is because the illegal alien crashed into a judge. How many other accidents are caused by illegals driving without a license? We had a case in Virginia recently where an illegal alien, driving drunk, killed two young people. It's happening everywhere in this country, where an estimated 12 million to 14 million illegals are hiding.

While Rogers' colleagues on the bench could preside over Garcia-Ortega's case in an unbiased manner, "it is a fact that the involvement of Judge Rogers creates an appearance of impropriety and would tend to undermine public confidence in the judiciary," according to court papers filed by Garcia-Ortega's lawyer.

If defense lawyer Patrick J. McMenamin Jr. gets his way, Montgomery County taxpayers will have to pick up the tab of bringing a judge from outside the county to hear the case.

The request for a recusal put a halt Monday to a scheduled hearing where prosecutor Wallis Brooks planned to argue that Garcia-Ortega's bail be revoked, according to Hessler's story.

Garcia-Ortega is free on $25,000 unsecured bail while awaiting court action on charges of accidents involving personal injury while not properly licensed and several summary traffic violations in connection with the crash.

In court papers, Brooks claimed Garcia-Ortega told detectives investigating the crash that he has been in the United States two years and that he is an illegal immigrant. Authorities alleged Garcia-Ortega did not have a driver's license in the U.S.

"The defendant is a flight risk since he is facing a felony charge, likely incarceration, has not been in the community for a long period of time and is here illegally," Brooks argued in court papers, according to Hessler's story. "He has broken the law and he does not have deep roots in the community," Brooks added.

But McMenamin, in court papers, asked a judge to deny Brooks' bail revocation request. He argued that Garcia-Ortega is not a flight risk, Hessler reported.

Is McMenamin serious? An illegal alien who is about to stand trial for causing a crash that injured a judge isn't a flight risk?

Even if the lawyer manages to get Garcia-Ortega cleared of the traffic violations, don't you think somebody from the Immigration Service will be waiting for Mr. Garcia-Ortega as soon as he leaves the courthouse to discuss his non-citizenship status?

McMenamin claimed Garcia-Ortega has resided at the same address since he illegally entered the U.S. and that he lives and works with cousins. McMenamin further claimed Garcia-Ortega has a stable job and that his employer will insure that Garcia-Ortega appears for all court proceedings.

What am I missing here? Garcia-Ortega is illegally in this country. He broke the law the moment he entered our borders. He shouldn't get to pick which judge hears his case. He doesn't deserve bail. He shouldn't be allowed to manipulate the U.S. court system to his advantage.

Garcia-Ortega is entitled to a one-way trip back to Guatemala.

Tony Phyrillas is a columnist for The Mercury in Pottstown, Pa.

http://www.opinioneditorials.com/freedo ... 70504.html

surprised he is not filing charges against this American bastard.How dare he backs into the lovely little illegal I mean undocumented felon ,I mean fellow.

I won't be surprised, if they throw the judge in jail for being in the illegals way!

I wish that our country was less politically correct, and just used common sense. Everything about this situation is wrong, and yet we encourage this type of behavior. We can't continue this way without our entire country coming undone. Wake up politicians, and do what is right.

Originally Posted by jean

May 04, 2007


Illigal immigrant manipulates U.S. court system
Tony Phyrillas

An illegal alien, driving without a license, crashes into a car driven by a county judge in suburban Philadelphia.

The illegal alien hires a lawyer who proceeds to drag things out by asking that the case be heard by a judge from outside Montgomery County, where the crash took place.

The illegal alien wants bail set so he doesn't have to sit in jail awaiting trial. The illegal alien wants to go back to work, his lawyer says. Work? Don't you have to be legally in this country to work?

What's wrong with this picture? Am I living in some bizarro world where lawbreakers are allowed to manipulate our criminal justice system? The U.S. Constitution protects the rights of citizens, not lawbreakers who sneak across our borders.

Why should somebody who enters this country illegally, takes a job illegally and drives on our roads without a license be afforded the same rights as a U.S. citizen?

The case involving the judge was reported by Carl Hessler Jr., who covers the Montgomery County Courthouse in Norristown for The Mercury.

Rigobert Garcia-Ortega, 23, is charged in connection with a two-vehicle crash that injured a Montgomery County judge on Dec. 17, 2006. Garcia-Ortega, through his lawyer, doesn't want any Montgomery County judge to preside over his case.

Garcia-Ortega's lawyer filed court papers this week asking all the county's judges to recuse themselves from hearing the matter in order to avoid the "appearance of impropriety."

Montgomery County Common Pleas Judge Thomas P. Rogers was injured in the accident when his vehicle was rear-ended by a pickup truck driven by Garcia-Ortega.

Rogers, 55, was flown to an area hospital for treatment. Garcia-Ortega and three passengers in the pickup truck he was driving were not injured. (We're not sure if the three passengers were illegal aliens either).

The only reason this case is getting so much notoriety is because the illegal alien crashed into a judge. How many other accidents are caused by illegals driving without a license? We had a case in Virginia recently where an illegal alien, driving drunk, killed two young people. It's happening everywhere in this country, where an estimated 12 million to 14 million illegals are hiding.

While Rogers' colleagues on the bench could preside over Garcia-Ortega's case in an unbiased manner, "it is a fact that the involvement of Judge Rogers creates an appearance of impropriety and would tend to undermine public confidence in the judiciary," according to court papers filed by Garcia-Ortega's lawyer.

If defense lawyer Patrick J. McMenamin Jr. gets his way, Montgomery County taxpayers will have to pick up the tab of bringing a judge from outside the county to hear the case.

The request for a recusal put a halt Monday to a scheduled hearing where prosecutor Wallis Brooks planned to argue that Garcia-Ortega's bail be revoked, according to Hessler's story.

Garcia-Ortega is free on $25,000 unsecured bail while awaiting court action on charges of accidents involving personal injury while not properly licensed and several summary traffic violations in connection with the crash.

In court papers, Brooks claimed Garcia-Ortega told detectives investigating the crash that he has been in the United States two years and that he is an illegal immigrant. Authorities alleged Garcia-Ortega did not have a driver's license in the U.S.

"The defendant is a flight risk since he is facing a felony charge, likely incarceration, has not been in the community for a long period of time and is here illegally," Brooks argued in court papers, according to Hessler's story. "He has broken the law and he does not have deep roots in the community," Brooks added.

But McMenamin, in court papers, asked a judge to deny Brooks' bail revocation request. He argued that Garcia-Ortega is not a flight risk, Hessler reported.

Is McMenamin serious? An illegal alien who is about to stand trial for causing a crash that injured a judge isn't a flight risk?

Even if the lawyer manages to get Garcia-Ortega cleared of the traffic violations, don't you think somebody from the Immigration Service will be waiting for Mr. Garcia-Ortega as soon as he leaves the courthouse to discuss his non-citizenship status?

McMenamin claimed Garcia-Ortega has resided at the same address since he illegally entered the U.S. and that he lives and works with cousins. McMenamin further claimed Garcia-Ortega has a stable job and that his employer will insure that Garcia-Ortega appears for all court proceedings.

What am I missing here? Garcia-Ortega is illegally in this country. He broke the law the moment he entered our borders. He shouldn't get to pick which judge hears his case. He doesn't deserve bail. He shouldn't be allowed to manipulate the U.S. court system to his advantage.

Garcia-Ortega is entitled to a one-way trip back to Guatemala.

Tony Phyrillas is a columnist for The Mercury in Pottstown, Pa.

http://www.opinioneditorials.com/freedo ... 70504.html

Change of venue is the remedy when you don't think you can get a fair trial as may occur here where the victim is a judge in the county. Chances are he knows every judge in the county. It's a legal and reasonable challenge in this case (doesn't mean it will be granted).
Who doesn't ask for bail. Most people seek bail so they can continue as much normalcy as possible. Unless it is an inherently violent crime, or a flight risk, very probable.
Yes, the county should pick up the tab for the trial. It has already been established that illegal aliens are subject to a fair trial just like anyone else. That being, the county should pick up the tab just like it would for anyone else.

Originally Posted by Neese

I wish that our country was less politically correct, and just used common sense. Everything about this situation is wrong, and yet we encourage this type of behavior. We can't continue this way without our entire country coming undone. Wake up politicians, and do what is right.

Yaa! The hell with the Constitution! What's it good for!!!!

A semester class in Criminal Procedure 101 would teach a few of these rules.

Originally Posted by Gabriel

Originally Posted by Neese

I wish that our country was less politically correct, and just used common sense. Everything about this situation is wrong, and yet we encourage this type of behavior. We can't continue this way without our entire country coming undone. Wake up politicians, and do what is right.

Yaa! The hell with the Constitution! What's it good for!!!!

Gabriel...the U.S. Constitution applies to American Citizens, not criminals who entered this country illegally.

Here in Southern California it is a daily occurance for hit and runs. I've had friends who were rear ended by an illegal only to have to chase them down on foot as they always seem to get out of the vehicle and run like hell! It's nothing new here. Whenever I hear a news report of an accident and the driver could not be found, it is safe to assume the driver was an illegal.

Originally Posted by airwingmarine

Here in Southern California it is a daily occurance for hit and runs. I've had friends who were rear ended by an illegal only to have to chase them down on foot as they always seem to get out of the vehicle and run like hell! It's nothing new here. Whenever I hear a news report of an accident and the driver could not be found, it is safe to assume the driver was an illegal.

That's funny, I have friends in North Carolina and they said the same thing...that the driver runs. Is that behavior in the Border Crossing brochure or something?