Covering Voorhis trial, Rocky failed to clarify that ag trespass is a felony

Summary: Reporting on the trial of immigration agent Cory Voorhis, the Rocky Mountain News stated that plea bargains reducing felonies to the "minor" charge of agricultural trespass, which the Denver district attorney's office approved while current Gov. Bill Ritter was DA, "meant legal immigrants would not be deported for a felony." In fact, the ag-trespassing charge is a felony. The News also did not mention that fact in reporting the defense attorney's claim that the plea bargains had the same effect on illegal and legal immigrants, "because federal authorities could not afford to deport those convicted of misdemeanors."

In an April 3 article about the trial of Immigration and Customs Enforcement (ICE) agent Cory Voorhis, the Rocky Mountain News reported that plea bargains reducing felony charges to "the odd and minor charge" of agricultural trespassing given while now-Gov. Bill Ritter (D) was Denver district attorney "meant legal immigrants would not be deported for a felony." The article also reported that "[d]efense attorney Bill Taylor said it had the same effect on illegal immigrants" as legal immigrants "because federal immigration authorities didn't have the money to deport those convicted of misdemeanors." However, the News failed to clarify that according to Colorado Revised Statute 18-4-504 (C.R.S. § 18-4-504), the trespass on agricultural land charge is a Class 5 felony, not a misdemeanor, as Colorado Media Matters has noted.

Further, Colorado Media Matters has noted repeatedly that illegal immigrants are subject to deportation by federal officials regardless of any state or local pleas to which they agree, according to federal law.

Voorhis was charged in October 2007 with misusing his access to the National Crime Information Center (NCIC) database to get information later used by 2006 Republican gubernatorial candidate Bob Beauprez's campaign in attack ads against Ritter.

In contrast with its April 3 article, the News on October 12, 2006, described the agricultural trespass charge as "felony farm trespassing," and a September 30, 2006, News report (accessed through the Nexis database) quoted Ritter's defense of the plea bargains that involved both legal and illegal immigrants: "We would do things to ensure they had a felony conviction even when there were serious evidentiary problems ... They were still pleading to felonies -- they're not misdemeanors."

Also in contrast with its April 3 reporting, a June 11, 2006, News article noted that "unlawful presence" in the United States is in and of itself a deportable offense: "The most common charge against those caught without authorization in the U.S. is 'unlawful presence,' a civil offense. The penalty is removal, and an immigrant can be detained in the meantime."

From the April 3 Rocky Mountain News article "Voorhis named as source of campaign ad info," by Ann Imse:

John Marshall, campaign manager for former gubernatorial candidate Bob Beauprez, testified Wednesday that federal immigration agent Cory Voorhis was his confidential source for key information used in a campaign ad against now-Gov. Bill Ritter about an illegal immigrant.

Voorhis is accused of accessing the National Crime Information Center database to obtain information on illegal immigrants who received plea deals from Ritter's office when Ritter was the Denver district attorney.

[...]

Voorhis' information led to two television ads by the campaign of Republican Congressman Bob Beauprez, attacking Ritter, his Democratic and ultimately victorious opponent.

One said Ritter had allowed 152 "criminal aliens" to plead down charges for major crimes such as drug dealing to the minor charge of agricultural trespass. Many people assumed that all 152 were illegal immigrants, though the ad did not say that.

The second ad said Ritter had allowed illegal immigrant Carlos Estrada Medina, arrested for distribution of heroin, to plead guilty to agricultural trespass and avoid deportation. Then, Medina went to California and was arrested for lewd acts with a child.

At issue was how the Beauprez campaign figured out that a man arrested in Denver under the name Walter Noel Ramo was the same Carlos Estrada Medina arrested in California.

[...]

The ads were prompted by Voorhis -- who worked in an immigration office next door to campaign headquarters -- calling Marshall with a tip about dozens of illegal immigrants plea-bargaining felonies down to the odd and minor charge of trespassing on farmland.

[...]

The pleas meant legal immigrants would not be deported for a felony. Defense attorney Bill Taylor said it had the same effect on illegal immigrants, because federal immigration authorities didn't have the money to deport those convicted of misdemeanors.

Marshall said he had public court records in Denver checked and gave Voorhis a list of about 150 agricultural trespass cases. In a small number of cases, the court records said the person was here illegally, Marshall said.

—C.H.