This is a quick update regarding the December 20, 2008 U.S. Border Patrol/tribal police encounter I previously discussed here
police Officer Robert Carrasco, Badge #166, with the Tohono O'odham
Police Department worked closely with U.S. Border Patrol Agents to
maliciously cite me for impeding traffic while I was being seized by
armed federal agents in front of two stop signs at a Homeland Security checkpoint.
Carrasco appears to the right in the photo above while the two Border
Patrol agents who left their checkpoint posts to assist Officer
Carrasco with impeding my right to travel after waving me through the
DHS checkpoint appear to the left.
The initial court date on the
citation was set for January 16, 2009 but was delayed until February
17th. In lieu of appearing, I submitted a written plea of "not responsible" along with a Motion for Pre-Hearing Discovery
I'm now waiting for a new hearing date to be set by the Pima County
Justice Court along with the court's ruling on the discovery motion.
Normally, pre-hearing discovery isn't allowed for civil traffic
infractions but court rules make an exception for extraordinary
circumstances. The extraordinary circumstance justifying discovery in
this case are discussed in the motion and if granted, will enable me to
pursue discovery through the tribal police and U.S. Border Patrol.
Further information will be posted as it becomes available.