Joe Arpaio, Bill Montgomery and the Five Undocumented Workers Who Got Away

montypug11224411.JPG
MCAO
Is there finally a sliver of light between Montgomery and Sheriff Joe?

About twice a month, Maricopa County Attorney Bill Montgomery holds a press conference at his office. I didn't make it to the one this past week, but the MCAO has a YouTube account, where it posts videos of these events from start to finish.

During the presser, Montgomery opened by addressing Sheriff Joe Arpaio's recent immigration raid on the local restaurant chain Uncle Sam's and the question of why some undocumented workers were hit with felony ID theft and forgery charges, but not others.

He insisted it all came down to not having the evidence needed on all those taken into custody.

"Prosecutors aren't rubber stamps for any law enforcement agency," he said. "We have an independent duty to objectively review evidence to determine whether or not we have the evidence necessary to proceed with the case."

See Also:
Arpaio Fires Up Hispanic-Hunting Raids, Going After the Smallest Fish He Can Find
Joe Arpaio Retaliates Against Katherine Figueroa, Hits Uncle Sam's with Immigration Raid

Which almost sounds like a slap at Arpaio, though Montgomery was quick to downplay not charging five of the workers, who later were turned over to U.S. Immigration and Customs Enforcement.

ICE soon released the five men with pending dates in their immigration cases, which could take up to two years or more to wind through immigration courts.

During that time, they should be able to apply for temporary work permits and obtain driver's licenses as well.

(A tenth person collared, according to those later released, was an Anglo woman, a waitress, who may have been arrested on an outstanding warrant.)

Monty explained that the standard for an arrest is probable cause, while prosecutors must adhere to a higher standard: whether or not there is a reasonable likelihood of conviction.

About 20 percent of the time, his office does not file charges on cases brought to the MCAO by law enforcement, he said.

Later, Montgomery was even more emphatic that dropping charges against the five was not a departure from current policy.

"It would be incorrect for anyone to think there's been a change in how prosecutors review employment related fraud cases," he asserted. "Or that somehow there was less of an effort by the sheriff's department's office to investigate this particular case."

But in previous ID theft and forgery cases, Monty's office has used flimsy, contradictory and sometimes nonexistent "evidence" to charge undocumented workers and hold them nonbondable for months.


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16 comments
john043012
john043012 topcommenter

So 5 illegals get released with pending court date's, they also get rewarded with temporary work permits and a driver's license. I would like to know why there is even a pending court date.

MaskedMagician1967
MaskedMagician1967 topcommenter

MontyPug looks even more sad in the picture Mr. Lemons uses.

I do think the undocumented ought to sue in court though. Argue that the Justice Department's Civil Rights Division found Arpaio discriminates against Latinos in its findings of fact.

Also, Judge Snow's ruling is a powerful piece of evidence that can be used.

And what about IRCA and the Arizona Legal Workers Act? The laws penalize businesses for hiring the undocumented to begin with.

robert_graham
robert_graham

There's plenty more to take their place.  Nobody in the future will be released and neither will those 9 dumbass activist Dreamers arrested while attempting to cross back into the USA by making a mockery out of the justice system.  They are going to be deported and their Dreamer status revoked.  Let's see who gets the last laugh!

marcy
marcy

"Neither knew for sure. They did mention that they had invoked their right to remain silent after being read Miranda warnings by MCSO deputies.

Did this help? Well, it sure didn't hurt."

If the police suspect you of a crime it never, ever helps to speak with them.  Invoke your right to remain silent and ask to speak with an attorney.  Your attorney can speak with the cops and present any esculpatory evidence with no risk that you'll say something that either incriminates you or isn't truthful and leads to additional charges.

dennis20
dennis20 topcommenter

Does anyone know who the horrible videographer Montgomery is using on his YT channel is? Perhaps Montgomery wants his voice as distorted  the same way he distorts truth and justice.  

JoeArpaiosAnIdiot
JoeArpaiosAnIdiot

We need a law that says that anytime you say anything on video flanked by a United States or Arizona flag, it has to be the absolute truth, or you can be charged with perjury.  

JoeArpaiosAnIdiot
JoeArpaiosAnIdiot

I am not going to be a party to the Republican party's elimination of illegal aliens.  Laws have to be applied fairly, to everybody.  You can't charge illegals with class 4 felonies  if you don't charge under 21 year old college students using fake id's to buy alcohol  with class 4 felonies.  Montgomery is charging illegals with class 4 felonies for having fake id's.  He is not charing white college students with fake id's.  This sounds like a severe violation of law, and grounds for disbarment to me.  I am not holding my breath -- Pol Pot died of old age.  


FRONTERA
FRONTERA

Immigration and Border activist must not let up . Keep  protesting and shining light on Elite politicians , who criminalize the  dispossed. Migrants are simply trying to do work ,most American wont do. Local officials ,C.A. .,Sheriff Joe, JAN BREWER, REP. state legislature ,have made a career  and good living at demonizing immigrants.The national R.NC. know that they can never  win the WHITE  HOUSE ,unless REFORM passes. So immigration reform activist have the leverage,use it wisely, not giving up "TOO MUCH ".....

danzigsdaddy
danzigsdaddy topcommenter

if you get pulled over in a car with drugs, you go to jail and there have to prove your innocence. if you get caught with a kitchen full of illegal immigrants you should have the same burden of proof. why does Joe feel he is the one to make those calls? if he was really enforcing the law equally, the employers would be in the same cell as the employees waiting for their day in court too (and the people using fake ID's to get in the bar would be right there with them). its MCAO's job to determine if they can make the case stick, not Joe's

Cozz
Cozz topcommenter

@JoeArpaioFan  

It sure won't be you that gets the last laugh dumbass.

NWEng
NWEng

@JoeArpaioFan 

"There's plenty more to take their place."

And that's really the point, isn't it?  Thanks for the validation.  "Give me your tired, your poor, Your huddled masses yearning to breathe free; so we can exploit, abuse, and turn a profit off them before sending them back and hiring more with impunity.   God Bless America."

JohnQ.Public
JohnQ.Public

Most important comment on the blog.  When law enforcement tells you that anything you may be used against you in court, they mean that it will be used against you so you are really well advised to remain silent until you've spoken with an attorney.

NWEng
NWEng

@danzigsdaddy  

It's all about having a readily available, but disposable workforce for the "job creators"; they're easy to find, they'll work for less $$$ than an American, and when you're done, you just call in a "tip" and have them arrested and removed.  No muss, no fuss, no benefits paid out, and best of all, no danger of the employer getting arrested under the law.  It's a hell of a deal, a regular capitalist's paradise.

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