Judge Rejects Immigration Advocate's Bid to Move Trial Out of PhoenixTop Stories

August 17, 2018 10:22
Judge Rejects Immigration Advocate's Bid to Move Trial Out of Phoenix

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A bid has been rejected by the judge by an immigration advocate to move his approaching trial on federal tax charges outside of Phoenix because of publicity about the case and his long record of speaking up for people in the country illegally.

The United States District Judge Diane Humetewa said on Thursday that the attorney for Elias Bermudez did not prove there was presumed prejudice against her client, concluding the small number of stories about the case and the sporadic articles in the past about his advocacy on behalf of immigrants did not amount to saturation news coverage.

Protests were led by Bermudez Over a decade ago against Arizona's immigration laws and then-Sheriff Joe Arpaio's crackdowns on immigrants. In front of Arpaio at 2006 demonstration, he knelt down to ask the lawman to halt arresting immigrants, a request which sheriff contradicted.

Bermudez was earlier accused of setting up income tax documents Since 2010 through 2012, that incorrectly added dependents to his client's returns to maximize refundable credits.

Related content: Immigrant Advocate Wishes to Move His Trial Out of Arizona

He owned a business that assisted immigrants prepare immigration and tax documents,

Federal authorities say his clients, at the direction of Bermudez, listed people who lived in Mexico as dependents. They say they recorded Bermudez while meeting with a confidential informant and two undercover agents, telling agents they should include false dependents on their returns to reduce their tax liability.

Bermudez, who has pleaded not guilty to the charges, is scheduled for trial on September 5.

Attorney Kristina Sitton Matthews, who represents Bermudez, suggested that the court draw its pool of prospective jurors from the Prescott area, where she said people might not be as knowledgeable about her client.

Matthews argued Bermudez can't acquire a fair trial since he is a controversial figure whose advocacy efforts and criminal case have been thoroughly covered by reporters.

Prosecutor Andrew Stone said the six news stories about the case that were cited by Matthews don't rise to the level of being a barrage of publicity.

Humetewa said the coverage of the case doesn't appear to be biased, noting that some of the coverage reported that Bermudez maintained his innocence on the charges.

Earlier, for a Spanish-language radio show in Phoenix, Bermudez worked as a host for and served as a leader of the group Immigrants Without Borders and as vice mayor of San Luis, Arizona.

He was sentenced to serve 18 months in federal prison in 1996 for a money laundering conviction.

A county judge in Arizona, in addition, ordered him to halt offering immigration services after clients alleged they paid for services they never received.

Since he was unauthorized to render immigration consulting services, in 2012 Bermudez moved to New Mexico but his business was closed by the attorney general.

By Sowmya Sangam

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