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The Trial Continues

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By Juan Miret
Hispano de Tulsa

Tulsa, OK – The battle against 1804 is not over yet. After a marathon-like session the judge for the cause, Jefferson Sellers, granted a 3-week recess in which plaintiffs and defendants will have enough time to present their final arguments.

The date for the next hearing will be announced after the transcripts for the hearings of April 3 and 11 are in, nevertheless, it is estimated that the groups in conflict will cross paths during the first week of May.

Yet again, the room in the municipal court was full to capacity; the pro-immigrant community was the majority: Hispanics, African Americans, Native Americans and other citizens were present to reject the severity of a law that has devastated Oklahoma.

Once more, the obviously uncomfortable radical group had to settle for 4 seats; they allowed their fury to burst out toward the end of the hearing.

Professor Thomas

“1804 is very dirty, it is unjust and immoral” was the opening line from Professor Jefferson Thomas’ repertoire, the plaintiff against 1804.

Thomas’ team which is composed of his son, Michael Thomas, and attorneys Steven Hickman and John Jarboe, spent their time focusing on demonstrating the misuse and deviation of public funds by the governor of the state, Brad Henry, in order to enforce 1804.

After giving a historical recount of the Oklahoma’s Constitution, Prof. Thomas exposed practical examples of the misuse of funds provided by state citizens, especially those not directly related to immigration like education and the renewal of documents.

“More than 100 years ago, in 1907, the Constitution of the state of Oklahoma ordered us to stay out of immigration, but 1804 does exactly the opposite, which means, it is unconstitutional” affirmed Thomas.

With an honest respect toward Prof. Thomas, Judge Sellers asked: “Specifically, how does 1804 violate the State Constitution?” Without hesitation Thomas responded: “In every way, your honor, 1804 is so vague and ample that it covers everything from transportation, education, and even the simple act of renewing a driver’s license.”

The latter was highlighted by attorney Steven Hickman who told the story of the ordeal Prof. Thomas underwent by having his license expired by a day: “the state unnecessarily spent the resources provided by the citizens and supposedly the law is here to protect us but the truth is that it harms us.”

Like on “Sesame Street”

The table designated for the State Team (defendants) was a bit empty now that the representatives of the commissioners of Tulsa County withdrew from the case.

With that being the case, the weight of the defense fell on Dan Weitman, Governor Henry’s defense lawyer, who very nervously attempted to piece together his defense using elements from his favorite show “Sesame Street.” Incredible, but true.

The comments were not well taken by the judge who just focused on asking what the sources of information were for the legal remarks being made by the Weitman, who did not recall the sources as he relied on his memory.

“The knowledge of 1804 is based on the fact that it limits and only regulates services, it does not create immigration agencies, therefore there is no misuse of resources,” stated Weitman.

Judge Sellers asked why the position changed being that, on April 3, the state had exposed that the funds were being used to enforce 1804, but it was financing and not appropriation, just as the plaintiff group had indicated.

“Yes, theoretically, the legislature can do what it wants and look for sources of funding, the governor is only applying something that was supported by the large majority, which is actually comprised of 90%.”

Judge Sellers immediately and energetically refuted the argument stating: “I don’t care if it was approved by the majority, what’s important here is to determine whether 1804 is constitutional or not, the majority in the legislature does not matter and that is why we are here, otherwise let’s just leave everything up to groups such as the Minutemen.”

The Radicals Lose Control

Minutes after the session ended, those in attendance began to leave the room, the tense serenity, typical when radical groups are present, was not a reason to worry. Nevertheless, everything changed when one of the supporters of the Minutemen (whose name is in the investigation summary) attacked a Blanca Thames, secretary for the Coalition Pro-American Dream.

Alice Whitecloud, a Native American activist, Simón Navarro, president of the organization Casas Guanajuato, and Pastor Lonnie Vaughn, were witnesses to the brutal action.
A group of 6 commissioners from the Sheriff’s department immediately flooded the hallways to gain control of the situation, agent J. Masek, badge 100, took those involved to a hearing room to interrogate them.

The husband of the attacker (whose name is also in the investigation summary) cried out for the deportation of “these illegals”, repeating non-stop “I don’t know if they are legal or illegal but we must know if they are illegal.”

Agent Masek warned the subversive Minuteman to behave, stating that his duty was not to check immigration status but to tell him what exactly happened.

The rebellious insistence and inability to understand by the vigilant activist made the agent take him to a different part of the room.

With courage, Blanca Thames and the other three witnesses, whose ethnic diversity demonstrates impartiality, gave their formal complaint which will be studied by a higher authority to determine if the attacker should be penalized for the attack.

As the attacker exited the room, she kept inciting Thames by making comments about the shirt she wore which said “Made in México.”

(Translated by Rosario Guerra)
Violence is the voice of those who are not right, that is exactly how a group as radical as the Minutemen manifested itself, in the light of day and in a court of law.

For now all there is to do is wait for three weeks to pass and trust in the old saying “Justice takes time but it will prevail.”

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This page contains a single entry from the blog posted on 25 de Abril 2008 7:48 AM.

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