Magistrate Leslie A. Bowman, Prosecutor Lewis, 16 attorneys, 6 marshals but I did not see extra security
There were 75 migrants including 6 women. 24 were charged with only 1325—the misdemeanor of Illegal Entry. 51 people had the additional felony charge of Illegal Re-entry after Removal. This judge does not give country of origin or where a person entered Arizona but only the date of entry. Most migrants were arrested within a day or two of entry into Arizona but 9 spent 4 or more days in our desert before being picked up and 2 entered 10 days before arrest.
Each judge is handling the resumption of shackling differently. Judge Bowman had groups of 10 migrants in 5 point shackles stand with their lawyers behind them and as she was talking to them another group of 10 were brought in to sit in the first row of chairs. 20 shackled prisoners were in the courtroom at any one time. She read their rights and the consequences of their plea to each group of 10, then asked each migrant individually the two questions (understanding and voluntary plea) and took their plea (culpable/guilty).
2 migrants were dismissed for language issues at the beginning of the proceedings and one was continued.
Juan Antonio Pineda Lemus 18-35405MP (Atty Joel Parris) was continued until October 24 at 2:00.
Of the other 23 charged only with 1325, 5 were for attempted entry at a port of entry and one had a fear of return and wanted asylum.
Luis Gustavo Mendoza Mendoza 18-35275MP (Atty Christina Woehr) had expressed fear of return to his country and was given papers by his lawyer. She asked that these be regarded as legal documents and he be allowed to keep them.
49 migrants charged with 1326/1326 were sentenced to 2340 days of incarceration—20 had 60 or 75 days and the rest 30 days. We hear that migrants with multiple re-entries may now be sent to individual criminal court (with more time and multiple appearances) so we are not seeing the sentences of 105-180 days we used to see. We noticed that more lawyers are having to ask others to substitute for them for a few minutes while they go upstairs for an initial appearance—perhaps this is a sign of this new policy. There was one asylum claim.
Yery Gabriel Huete Ocampo 18-35407M (Atty Mary Kincaid)--his lawyer said she had advised him of what he needed to do but I didn’t see any papers.
3 indigenous languages were put on record.
Observers: Lois Martin and Xavi were there with a youngish group of 11 from Borderlinks. A mixed age group of about 16 was there from Holy Trinity in Washington DC. Judge Bowman came back and talked to the groups for about an hour—amazing. She answered many questions.
*She had been part of a committee that discussed the reinstatement of shackles (voted against) and explained how that whole process went.
*The need for interpreters of indigenous languages and the difficulty and expense surrounding that.
*The efforts of the Trump/Sessions group to expand OS in pursuit of ‘Zero Tolerance’. She wonders that the same people who complain about spending want to expand the prison system and increase incarceration.
*She talked of the difference between criminal courts and immigration courts and their respective judges.
*The need to bring as much respect as possible to these proceedings.
*She had a long one-on-one with a young man about bond and bail—she said in this court house when people were released on bail there was no charge. People were not kept in jail just because they couldn’t pay (we know that many migrants are held as flight risks and not released).
My mind was in the process of checking out—wish I could remember more!