Human smuggling verdict tossed

Judge cites lack of evidence on migrant

Jahna Berry
The Arizona Republic
Dec. 6, 2006 12:00 AM

A Maricopa County judge dealt a surprise blow to the county attorney's crusade to prosecute immigrants who pay coyotes to smuggle them into Arizona.

Using a rare court procedure, Judge Thomas O'Toole on Tuesday tossed out a jury's guilty verdict and acquitted Aldolfo Guzman-Garcia, an undocumented immigrant who paid $700 to have a coyote bring him to Arizona.

The judge said he did not believe there was sufficient evidence to show that Guzman-Garcia was part of a human-smuggling ring.

The ruling is not precedent setting. Prosecutors say they plan to appeal the case that County Attorney Andrew Thomas recently touted as a key victory in his quest to curb illegal immigration.

Legal experts say the case shows how county judges are struggling to interpret the law that went into effect in August 2005.