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Arrest of Pro-Immigration Lawyer an Outrage PDF Print E-mail
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Tuesday, 06 November 2007
from Hispanic News:

ImagePHOENIX (By Gary Peter Klahr, Hispanic News) November 6, 2007 — During the 1960's Civil Rights fight in the South, criminal-trespass laws were one main weapon used by redneck Sheriffs and police chiefs to arrest peaceful demonstrators and choke off demonstrations. That technique has now been brought in to the 21st Century by the infamous anti-immigrant Maricopa County Sheriff Joe Arpaio.

For those not familiar, Sheriff Joe is the self-proclaimed "toughest Sheriff in America." Although his main current interest is arresting immigrants, he made his fame by mistreating prisoners in his jail with green bologna, no coffee, pink underwear and chain gangs. Although elected in 1992 on a promise to serve only ONE 4-year term, he has successfully run for re-election three times since — and seems destined to win a 5th term when he is up for re-election next year at age 76. HE has almost no support for his projects — immigration or otherwise — from other law enforcement colleagues — but the public "eats it up" and polls show his popularity is always in the 70 or 80% range.
During his first 12 years, he had to deal with a strait-laced (though conservative) fellow Republican Rick Romley as County Attorney. Romley leashed Arpaio several times, such as when he proposed stopping all county traffic to look for drugs. Further, Arpaio was hit with several multi-million-dollar court judgments or settlements for deaths or injuries occurring in his jails. But since 2004, the new County Attorney has been fellow proto-Fascist Andrew Thomas, who shares Joe's views on almost everything, especially immigration.

Many feel that their anti-immigration stand is partly a cloak for anti-Hispanic racism — although Joe and Andy strongly deny same and insist they just want to stop "illegal" immigration. But the duo has come up with unprecedented methods for doing so, including harassing neighborhood taco vendors and arresting immigrants for "conspiracy" to smuggle THEMSELVES (not others) into the country.

Joe built his reputation as a DEA drug agent overseas for many years, ending up as Arizona DEA Director in the late 70's, from which he derived his seat on the CODAMA Board I headed. Far from busting the "French Connection" or other major dope dealers, Joe was called "Nickel-bag Joe" for his habit of buying small quantities of drugs and then claiming he was busting "major dealers."
Arizona has had experience with thinly-disguised racism two decades ago in another context — but observers say the current pogrom against Hispanics well eclipses the former era. In 1986, Mormon car dealer Evan Mecham was unexpectedly elected Governor — and proceeded to marginalize the State's small Black population by abolishing Martin Luther King's birthday as a state holiday and calling Afro kids "pickaninnies" and "rugrats." His actions were so blatant the legislature controlled by his own party impeached and convicted him — although they knew it would propel a Democratic lady into the Governor's office.
Although all of Arizona was originally part of Mexico until President James Polk stole it in 1846 in an imperialistic war — discrimination against Hispanics is not new either. A film on Arizona History by filmmaker Bill McCune, Arizona's Michael Moore, quoted our one Hispanic Governor, Raul Castro, as pointing out Mexicans were segregated like Blacks before the Civil Rights era. Among the shocking points made in the film (shown to most school kids) is Hispanics were only allowed in public pools just before they were cleaned once a week — the clear implication being that their brown skin rubbed off as "dirt" into the pools!

But back to last Saturday (Nov. 3) and Sheriff Joe's latest bully-boy tactics. He arranged the arrest and 11-hour incarceration of a distinguished 65-year-old attorney and law professor Dan Pochoda on phony trespass charges. Pochoda happens to be Legal Director of the Arizona ACLU which has clashed with Arpaio repeatedly for civil rights violations involving immigration, jail conditions, locking up TB patients and the like. Pochoda, a former Justice Dept. attorney, is no young radical firebrand — but conservative and highly-respected in the legal community.

The background is that pro-immigrant activists are picketing weekly at a local furniture store (Pruitt's) which has hired off-duty Sheriff's deputies to arrest day laborers (some of whom are undocumented probably) who are seeking jobs from customers in the area. The picketing is peaceful and legal, although Joe showed up with his TANK (yes!) the previous weekend. Pochoda was NOT there to picket himself, but just observe to determine if the Sheriff was interfering with protected First Amendment expression by the picketers.

Pochoda had parked his car in an apparently open spot on the Pruitt's lot. He only intended to spend a few minutes observing on his way home from the ACLU office. After 15 minutes, Pochoda walked back to his car to LEAVE (key point) but was confronted by Sheriff's deputies. When they asked why he was there, he produced his ACLU lawyer card and was immediately handcuffed, arrested and jailed. The Sheriffs apparently filed a false police report they had asked him SIX times to leave and he refused. In addition to the arrest, his car was TOWED for no apparent reason. (There was plenty of other parking available for Pruitt customers at the time).

Unfortunately for the Sheriff, the statutes do NOT permit the procedure that occurred. The "crime" Pochoda was arrested for is a class 3 misdemeanor with a maximum sentence of 30 days.

The offense can ONLY be committed if someone remains "unlawfully" on real property after a "reasonable" request to leave by the "owner" or someone else having "lawful control over such property." As indicated by the quoted parts, it appears that the facts here do NOT support the essential elements of the crime.

More disturbingly, Arizona law on arrest provides in cases of arrest for misdemeanors without a warrant, the arrested person shall either be given a CLD (Citation in lieu of detention) or taken to the nearest magistrate without "unnecessary delay." The statute says NOTHING about taking such a person to JAIL — although admittedly that is often done. In 1972, I TWICE had criminal complaints issued against a police officer who took arrestees to jail instead of a magistrate — although the then-County Attorney dismissed both immediately!

In this case, the mandatory bail schedule provided by state law provided for a nominal $150 bail, which was posted within 3 hours after the arrest; but Pochoda was held in jail for NINE more hours for "processing."

Further, although Pochoda's "offense" is only a Class 3 misdemeanor, it is a class 4 FELONY for a police officer to swear falsely to improper facts justifying an arrest before a magistrate — which presumably has occurred by now. The penalty for the Class 4 felony perjury charge is 4 years in prison for the police officer or Deputy. But don't hold your breath waiting for his incarceration.

Certainly Sheriff Joe does NOT expect to get a conviction against Pochoda. This sham arrest was done for ONE purpose — to intimidate even lawyers — and certainly civilian protesters — from exercising their First Amendment rights at Pruitt's. Sadly, it will probably have that effect. Who will want to chance jail merely to observe peaceful picketing? Certainly not me. Only a massive civil-suit verdict would stop Sheriff Joe — and past experience shows even that rarely works. He must be indicted on civil rights violations and sent to federal prison for the rest of his life.

Last Updated ( Monday, 12 November 2007 )
 
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