Cochise County rancher tried on civil rights claims
By Brady McCombs
ARIZONA DAILY STAR
Tucson, Arizona | Published: 02.02.2009
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A civil rights trial against Cochise County rancher Roger Barnett began today in federal court in Tucson.
The latest suit against the controversial rancher stems from a 2004 incident in a wash near Douglas when Barnett approached a group of illegal immigrants with a gun and a large dog.
Attorneys for the plaintiffs — five women and 11 men who were trying to cross into the U.S. illegally — say that Barnett held the group captive at gunpoint, threatening that his dog would attack and that he would shoot anyone that tried to escape, a press release from the Mexican American Legal Defense and Educational Fund said.
They say Barnett also kicked one of the members of the group. The Mexican American Legal Defense and Educational Fund is representing the 16 people.
The federal lawsuit charges Barnett, his wife, Barbara Barnett; and his brother, Donald Barnett; with conspiring to violate the plaintiffs' civil rights, the release said.
In March 2008, U.S. District Court Judge John Roll rejected Barnett's efforts to have the charges thrown out. Roll ruled that there was sufficient evidence of a conspiracy - that the conspiracy denied the plaintiffs their right to interstate travel and the actions of the Barnetts were motivated by race - to allow the matter to be presented to a jury.
Barnett's attorney, David Hardy, had argued that illegal immigrants didn't have the same rights of interstate travel.
That setback came on the heels of another judgement against Barnett in February 2008. At that time, the Arizona Court of Appeals refused to throw out a jury verdict of guilty from November 2006 — and a nearly $100,000 monetary award — against Barnett in another civil case where a jury concluded he falsely imprisoned members of a Douglas family.
Barnett has boasted of detaining thousands of border crossers on property he owns or leases near Douglas in the last decade and then turning them over to Border Patrol officials.
The trial is scheduled to go through Feb. 13, the press release from the Mexican American Legal Defense and Educational Fund said.
The Associated Press contributed to this story. Contact reporter Brady McCombs at 573-4213 or bmccombs@azstarnet.com.
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