Joe Arpaio, Bill Montgomery Lose Again: Undocumented Worker Found "Not Guilty"

miguel550.jpg
courtesy Christine Romero
Miguel Angel Morales (right) and his fiancee Christine Romero

Miguel Angel Morales was not supposed win Wednesday in Maricopa County Superior Court.

Charged with ID theft and forgery after he was arrested in Sheriff Joe Arpaio's raid on Glendale's United Construction in September, Morales has spent more than six months in Arpaio's notorious jails, refusing to plead guilty while awaiting trial.

See also:
-Bill Montgomery Is No Immigration Moderate
-Bill Montgomery Blasted By Hispanic Bar Association over Apartheid Policies
-Bill Montgomery's Smoking Gun: ICE PowerPoint Shows Monty's Minions How to Deport More Immigrants
-Bill Montgomery Fails to Convict an Innocent Man

Under the ruthless, racist system of charging undocumented workers maintained by Maricopa County Attorney Bill Montgomery, Morales was not eligible for bail.

He could have pleaded guilty and received three months, as almost all those caught in the Arpaio-Montgomery net choose to do.

But a class four felony conviction means deportation for the undocumented after they are turned over U.S. Immigration and Customs Enforcement. ICE lawyers have taught Montgomery's prosecutors what charges to hit the undocumented with, so as to ensure removal from the country.

Which is one reason workers without papers are charged with class four felonies, instead of the misdemeanor charges that underage college kids receive when caught buying beer with a fake ID.

Morales hung tough and put his trust in Ray Ybarra, a former federal public defender and civil rights activist, who is one of a handful of lawyers locally taking these cases, considered lost causes by many other attorneys.

Ybarra had planned to use the so-called "necessity defense," which holds that an offense is justified if, in the words of the statute,

"...a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct."

But just before trial, the judge prevented Ybarra from employing this legal strategy. The situation looked bleak, and he prepared Morales for the worst.

"The judge shot it down, and it was really like, `Oh, no,'" he told me recently. "Then the night before the trial, I'm reading through the discovery for like the 50th time, and I catch something in the very first page about the tip."

It seems the tipper who led the MCSO to investigate the employees of United had suggested that "other people in the company" were recruiting undocumented folks to work.

"So that became the case theory," said Ybarra. "The case theory now was: how do we know it was Miguel that provided these [false] documents [in order to work], and not someone else in the company that filled them out [with the wrong name]...and turned them in for him?"


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21 comments
taosmutt
taosmutt

So did Miguel not realize the name on his paycheck was not his own? Is Miguel his real name or the ID theft name?

LydiaG
LydiaG

Congrats to Ray.. he's awesome.

DNichols
DNichols

"America is great because it is good, when it ceases to be good, it ceases to be great."

Alex De Tocqueville a very wise 1840's French Historian, and visionary of The 2008 start of the "Anti Immigrant Racist Rant" and the subsequent 2008 Economic Crash to our Great Nation of Immigrants done by the Deportation/Foreclosure Damage to the Country.

Stop the Racism, and Hate.  Arpaio, Pearce, and Brewer.

Time for America to get over this Racist Garbage, and become Strong again!

To: Good/Living the "Golden Rule"?!

robert_graham
robert_graham

First of all, he is not an "undocumented worker", he is a fucking illegal alien.  And there is nothing racist about charging illegal alien workers with ID theft when they steal other peoples identitities to illegally work in this country because that is identity theft - a felony in every state and even against federal law.  I hope his 6 months in jail was miserable.

robert_graham
robert_graham

Well, things are about to change. If you are an illegal alien you better be scared, very scared./ he will be retried. He is a fucking criminal.

marcy
marcy

Imagine that, cops on the stand making stuff up.  "not a raid" LOL.  It sure was a raid when Joe's media crew was crowing.  

And imagine Joe's crackpot team of cops messing up an investigation.  Or to put it more accurately, not really investigating at all.

And, finally, imagine Monty's team of run up the score against "illegals" prosecutors who couldn't put together a solid case if their jobs depended on it.  Most prosecutors succeed by trumping up the charges and giving someone the choice of spending a huge sum on a defense or copping a plea to lesser charges.  It's a form of legal blackmail.  It's shameful.  But not as shameful as locking someone up without bail for 6 months on minor charges he isn't guilty of.

Flyer9753
Flyer9753 topcommenter

Good for him!

Suck it Joe and JAF

Maybe if MCSO actually did their jobs and performed complete investigations, including the employers, they would not get blindsided like this and would actually make some progress in stopping illegals. 

If you don't take away the reasons they come here, employers willing to look the other way, enforcement will never work.

But we all know that is too much to ask of Joe and MCSO.

Cozz
Cozz

...and now the law suits begin...

JustThinking
JustThinking

And another idot comment from jaffy in 3-2-1.......

ExpertShot
ExpertShot topcommenter

 Okay folks - here comes my initial pitch - Employers are pushing the influx of illegal immigrants, not Mexico, not immigration advocates, not Mary Rose Wilcox, not Obama - EMPLOYERS!!!!  If it were not for the demand for cheap labor that our wonderful capitalist employers here in the US have for cheap labor, the level of undocumented workers in the US would probably be about 1/2 it is now.  That is why Arpaio has so much cover - all the banks who loan money to employers who hire undocumented!  These business loans must be repaid for the banks to make money on them.  The better break a bank can help a business with the loan operate with , the better for the bank!  I'm betting that there is a connection between each of the businesses raided by Arpaio and the bank that those businesses have a loan through.  Steve, I've given you leads to follow before and you've thanked me publically.  I hope you get this one - I'm betting NOT ONE of the businesses raided by Arpaio had a business loan with Wells Fargo - want to bet?

WhoKnows
WhoKnows topcommenter

And once again, what Arpaio called the "EMPLOYER sanctions raids" for years (about 70 of them), he FAILED to do anything about the EMPLOYER!  Since 2008, when the law went into effect, not ONE EMPLOYER has been busted by MCSO!


I guess that the EMPLOYERS just have to contribute to Joke's election funds, like the folks at Turf Paradise.

shadeaux14
shadeaux14

@DNichols Haven't you noticed D, it's not just the politicians who should be ashamed. What's really shameful is that, based on the continuous parade of intolerance and racism I have seen in 30 years, the majority of the voters in this state are ignorant, intolerant and extremely racist.

LydiaG
LydiaG

@JoeArpaioFan Your arguments prove you are unarmed with the tools to civilly debate.  I refused to shoot an unarmed person.  Its futile and a waste of time.  Don't bother, folks.

Flyer9753
Flyer9753 topcommenter

@JoeArpaioFan  

You hope his 6 months in jail were miserable? Your have that right, but get ready to pay a lot of money to him, since he now has grounds to sue for wrongful arrest and imprisonment... and he WILL win.

I bet it just burns you up that your tax monies will be going to pay this person because Joe and MCSO can't do their fucking jobs like real Professional Police Officers.

IdontRecall
IdontRecall

@JAFFY, first of all He is an "UNDOCUMENTED WORKER" since He lacks proper documentation to work, "Illegal" He is not since His ancestors belonging to the AMERICAN CONTINENT, making Him "Legal" to stand on this soil. In UR case, U R the Illegal, due to Your ancestors , who knows from which part They might've came from, btw, URS might be the missing link, unless of course U R just another UNDOCUMENTED WORKER pretending 2 B something U R not, hating Yourself for what U really are and not beign able to fit anywhere. AM I RIGHT. DUCK.

Flyer9753
Flyer9753 topcommenter

@JoeArpaioFan 

Really? He is going to be retried?

Just goes to show how stupid you are. There is a little thing called DOUBLE JEOPARDY you retarded little idiot.

He was found NOT GUILTY which means he cannot be retried. 

IdontRecall
IdontRecall

@ Jaffy, may I ask why the UNDOCUMENTED WORKERS  should be scared, what R U going to do?, show them the a picture of Gin Jan or a pic of UR probably aids riddled ass. As for the UNDOCUMENTED WORKER, He was found NOT GUILTY. As always, U don't comprehend what U are reading. FUCKING RETARD.

WhoKnows
WhoKnows topcommenter

@marcy Hey, there are a bunch of sex crimes in El Mirage that MCSO didn't investigate at all.  Why should they be trusted to investigate anything!


Barnies with badges.  That's MCSO!

david_saint01
david_saint01

@ExpertShot lol dude, thats entirely too many facts to throw at the ignorant arpaio people..you have to give it to them slowly, one at a time otherwise they cant comprehend it..jk great comment ES

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