Pam and Mark Warren were back in federal court in downtown Tucson Tuesday afternoon. They sat in Courtroom 6, in support of their 36-year-old son who was at the defendant鈥檚 table with his two attorneys.
The Warrens, who live in Surprise near Phoenix, have been here before and will return next month and who knows how many times after that.
Their son, Scott Warren, is on trial on felony charges, accused by the government of harboring two undocumented immigrants and of conspiracy to transport them. Scott, a volunteer for the Tucson-based humanitarian group No More Deaths/No M谩s Muertes, was arrested in January in Ajo, where he lives. If convicted, he could spend years in prison.
His parents are shocked at the government鈥檚 heavy-handed prosecution and the prosecutor鈥檚 description of their son.
Prosecutors described their son as deceitful, said the Warrens, whom I met the day after the hearing. 鈥淭hey called him a liar,鈥 said Pam. That鈥檚 not their son, who was working as a geography instructor for Arizona State University when he was arrested but is no longer employed, the Warrens say.
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鈥淗e鈥檚 been outstanding in cross-examination, which is difficult. He鈥檚 been unwaveringly resolute because he鈥檚 telling the truth. ... He doesn鈥檛 have to remember the narrative that the prosecution has cooked up in the recess of their lair,鈥 said Mark Warren.
The arrest and prosecution of Scott is a critical turning point in the uneasy relationship that border humanitarian groups have had with the U.S. Border Patrol and other federal law enforcement agencies that police the border.
Since the emergence of No More Deaths and similar groups 鈥 Samaritans, Humane Borders, Colibr铆 Center for Human Rights and Coalici贸n de Derechos Humanos 鈥 the federal police have largely remained hands-off with the volunteers who roam the desert providing water, food and medical aid to people in distress.
The federal government has previously arrested humanitarian workers. In 2005, Daniel Strauss and Shanti Sellz faced charges of illegally transporting three undocumented migrants. Strauss and Sellz were en route to a Tucson hospital from Arivaca when they were arrested. Charges were dropped when federal Judge Raner C. Collins ruled the government lacked sufficient evidence.
Since then, there have been minor skirmishes between the two sides. It escalated in January when No More Deaths released a blistering video and a detailed written report showing Border Patrol agents had systemically emptied and destroyed life-saving containers of water left by humanitarian volunteers.
That same day 鈥 six hours after the video went viral 鈥 the Border Patrol targeted Scott Warren, his Tucson defense attorney, Gregory Kuykendall, told U.S. District Judge Bernardo P. Velasco during Tuesday鈥檚 hearing to dismiss the charges.
鈥淗e鈥檚 a good person. He didn鈥檛 do anything wrong. There are still people doing the same thing. It was very odd how he was maybe singled out,鈥 said Scott鈥檚 mother, a retired social worker.
The Warrens are bewildered by the government鈥檚 intense drive to try and convict their son, whose principles are to help people. While their son is not a religious person, Scott is spiritually motivated and moved by the migrants鈥 suffering and deaths in our deserts.
One of the earlier motions to dismiss charges was based on the grounds that the government violated Scott鈥檚 rights under the Religious Freedom Restoration Act. He qualified for religious conviction based on a sincerely held belief backed up by action.
When Scott goes to the desert, often with a religious person who gives last rites, and they find a migrant鈥檚 remains, Scott lies next to the body and sifts the sand through his hands. It鈥檚 done 鈥渁s a reverence to that person鈥檚 life and where that life ended,鈥 says Pam, adding that neither she nor her husband knew this until it was revealed in court.
When he finds an item that a migrant carried during their perilous border journey, Scott considers the items 鈥渟acred,鈥 because it belonged to 鈥渟omeone who may have made it, or didn鈥檛,鈥 his mother said.
The judge rejected the argument to dismiss, but the Warrens were confident that they made their case. The Warrens are equally confident that their son stands on strong legal grounds for an acquittal, or a successful appeal should he be convicted.
鈥淲e鈥檙e completely on board and supportive with what he does and the mission of No More Deaths,鈥 Mark said.
Nonetheless they are worried.
鈥淣aturally our perspective and our stake is different than anyone else鈥檚. We want him to prevail. We don鈥檛 want him to be convicted of a felony. We don鈥檛 want him to go to jail. We want him vindicated. And so does No More Deaths,鈥 Mark said.
He added, 鈥淚t鈥檚 very personal to us. There is a cause which we believe in and understand. But our primary cause is our son.鈥
No More Deaths has been deeply supportive of Scott, they said. It plans to organize volunteers and supporters, and blanket the city with No More Deaths鈥 signs with the slogan, 鈥淒rop the Charges.鈥
The Warrens understand what鈥檚 at stake.
鈥淎 win for him would be win for the volunteer workers,鈥 said Pam. 鈥淎 loss for him would be a loss for No More Deaths. They鈥檒l have to fight harder.鈥
Scott Warren
Ernesto Portillo Jr. is editor of La Estrella de Tucsón. He can be reached at 573-4187 or netopjr@tucson.com. On Twitter: @netopjr
