Local Government TV

Tuesday, March 03, 2020

Out-of-Uniform ICE Agent Makes Warrantless Arrest at NorCo Courthouse



There's a difference between the name Bernard V. O'Hare III and Franklin Leonar Urrutia-Cordon. When officialdom sees my name, it knows right off the bat that it's dealing with a cRaZy Irish bastard, and would do well to tread lightly. But when it sees that other name, a Latino name, our enlightened establishment can be downright abusive. That difference in names is precisely why Urrutia-Cordon is being held by ICE in some undisclosed location right now, instead of walking the streets as a free man. Let me tell you the story.

In August 2017, Urrutia-Cordon was stopped by Pennsylvania State Police and charged with drunk driving. His BAC was 0.12. It was his first ever offense, so he applied for ARD, a special program for first offenders in which charges are dismissed after a period of probation. The ARD application contained no questions asking about citizenship. Urrutia-Cordon went through ARD screening, and was cleared to appear in ARD court in April 2018. He was identified as a "no problem" drinker. He paid his ARD costs, a hefty $2,255.75, and was ready to be part of the cattle call.

In the meantime, he had to be arraigned as well. That's a formality in which you are officially informed that you've been charged with a crime. That's usually a cattle call, too.

On that fateful day, while Urrutia-Cordon was waiting for his arraignment, Assistant DA Sandra McClure decided for some reason to pull his file. After looking through it, she approached him and asked him if he is a US citizen. This is a question she would not dare ask Bernard V. O'Hare III, but she asked it of a guy with a Spanish-sounding name. When he answered that he is not yet a US citizen, she told him his application for ARD would be denied. And sure enough, just a few days later, he received a letter from then DA John Morganelli denying ARD.

Though Urrutia-Cordon is an undocumented immigrant, he has filed an application seeking lawful status. His application has been approved by the Department of Homeland Security, and after an interview and fingerprinting, he will be issued his "green card." After being a lawful permanent resident for two years, he can apply for citizenship.

In addition to making an effort to become legal, he has been gainfully employed and has paid taxes over the past ten years. He is married to a US citizen and also has a valid driver's license.

So Attorney Josh Fulmer, who represents Urrutia-Cordon, asked Morganelli to reconsider his denial on multiple occasions. He included all kinds of recommendations.  Morganelli, hardass that he is, refused to reconsider

At this point, Fulmer filed a motion asking the Court to compel Urrutia-Cordon's admission into the ARD program on the basis that DA John Morganelli's denial was an abuse of discretion. That's pretty much a vain exercise, and Judge Samuel P Murray denied Fulmer's application in December.

In the meantime, this case has stretched on for several years, and everyone was anxious to resolve it. On Friday, DA Terry Hock offered a deal you can't refuse - Urrutia-Cordon would plead guilty to general impairment and would have no jail time and no license suspension. If he went to trial and was convicted, he would spend two days in jail, and Fulmer was warned the jail would notify ICE. This plea to general impairment had the added benefit of presenting no problem with Urrutia-Cordon's application for lawful status.

Urrutia-Cordon was scheduled to make his plea on Monday. As Josh Fulmer and his client made their way to Judge Murray's courtroom, Fulmer noticed Northampton County Detective Gerry Walsh standing in the hallway with a fellow clad in jeans and a "Pro God Pro Gun Protected" T-shirt. Fulmer got suspicious and began asking questions, and was eventually told they were there to arrest his client and cart him off because he's in this country illegally. Never mind that he works, pays taxes, is married to a US citizen and is inches away from getting his green card.

So when Fulmer walked into Judge Murray's courtroom, he announced the deal was off. He now wanted a trial, but the Commonwealth had no witnesses. So dismiss the case, argued Fulmer. A continuance was granted.

Obviously, someone tipped off ICE to come and pick up this Defendant. They perverted the criminal system for a civil matter.

Fulmer walked out into the hallway with his client, who was arrested by an out-of uniform ICE agent with no warrant (He claimed he left it in his illegally parked car). You can see the unpleasant exchange above.

This is a disgraceful abuse of our criminal justice system. Even the prosecuting attorneys were sucker-punched. What this does is make it far less likely that undocumented immigrants will participate in the criminal justice system in any capacity, including as victims.

ICE has issued a directive to its own agents advising them to avoid enforcement actions inside of a courthouse unless they are dealing with a gang member, public safety threats or aliens who have already been ordered out. This was the opposite - a first time offender who was already approved.

According to a report by Temple University Law School’s Sheller Center for Social Justice, 13 Pennsylvania counties are coordinating arrests at the courthouse with ICE. They are using the criminal justice system for civil immigration enforcement. Here's what's happening: "(1) ICE is effecting arrests in and around courthouses; (2) courthouse personnel are collaborating with ICE 0by asking about immigration status, providing information, or assisting with ICE arrests; and (3) immigrants fear going to court because of these ICE enforcement activities."

Courthouse arrests effectively deny access to the courts to a segment of the population that needs it most.

"Police officers surveyed reported that crimes are becoming more difficult to investigate. Among police officer respondents, 69% said domestic violence was harder to investigate in 2017 compared to 2016 (with similar percentages for investigations of human trafficking (64%) and sexual assault (59%)). Judges too reported an increase in disruption of court cases due to immigrant victims being afraid to come to court. Legal services and victim advocates reported that their offices had filed 40% fewer cases for immigrants in 2017 than in 2016."

Nationwide, 70 former judges have asked ICE to stop courthouse arrests. “Judges simply cannot do their jobs—and our justice system cannot function effectively—if victims, defendants, witnesses and family members do not feel secure in accessing the courthouse,” they wrote.

The two words inscribed on Northampton County's seal are "justice" and "mercy." They appear in every courtroom. But I see no evidence of these traits in what happened on Monday to Franklin Leonar Urrutia-Cordon. If his name were Bernard V. O'Hare, he'd be a free man.

78 comments:

  1. The law is the law. If he is here illegally he can be detained. Why is there a problem? Is it because we finally have a president who is enforcing the law of the land.

    ReplyDelete
    Replies
    1. It's because he has done everything he can to be here legally, he has applied for his green card he has paid taxes he has a job this is what every immigrant has to do to become a US citizen. He isn't hiding he has appeared to all court proceedings has no additional criminal charges. What do you want from this young man.

      Delete
    2. Since when. If it was before the dui I feel some sympathies, if not well....

      Delete
  2. Bernie, Thank you for shining a light on this travesty. I like John Morganelli but shame on his department for initiating this process. And 4:58...cIvilized and compassionate enforcement of our laws should supersede breaking up the family of a hard working man who wants to live the American dream. Just like most of our ancestors.

    ReplyDelete
  3. Lot of useless information in this story.
    Illegal is illegal.

    ReplyDelete
    Replies
    1. It seems that you do not know the case well enough. He was trying to do everything he could to be able to fix his status. And may I remind that unless you are a native american you are also an immigrant that at some point in time your family came from another country looking for a better life which is what Mr. Urrutia-Cordon was doing. I believe you should try to think and analyze what you say before doing so, this is why we have a weak government because they do not think that most of the workers in the US are immigrants and if you go and ask most of them they do not have any sort of documentation but they have families they need to sustain so they work without doing any criminal action.

      Delete
  4. I hope you let us know if this is a rouge investigator or if this was a DA directed attack

    ReplyDelete
  5. You don't need a warrant to arrest someone in public.

    ReplyDelete
  6. What part of illegal don't people understand? Save his sob story for the poor souls who have taken every step the right way, are still waiting, and have to endure these nauseating missives that defend line jumpers. Americans of all ethnicities HATE line jumpers. This is widely known. And some wonder why Trump won this county in 2016. This is why.

    ReplyDelete
  7. Sounds like some last minute new information was brought forward. Just another long delay in our judicial process. I see no reason why any legal immigrant who went through the process as required would be afraid to enter government buildings. Until the young man is actually removed from this nation, I see more delay due to procedural issues, and not to simple racial animus. Enough with all the race-baiting!

    ReplyDelete
  8. Enforcing the law is not a legal abuse. If given the chance we would have 100 million illegal immigrants in this country. We would then become much like the countries that they are escaping. We can not be the shelter for the world. the goal should be for those countries to improve their system to offer opportunities to their citizens.

    ReplyDelete
  9. I guess you should not enter the country illegally. Both my grandparents enter the country legally.

    ReplyDelete
  10. @ 6:25 am: There was a DA detective escorting the agent. That’s pretty strong circumstantial evidence that the DA’s office coordinated this.

    Given the history of this particular case and the far ranging consequences of the precedent that the decision regarding the DA’s discretion to deny ARD based upon immigration status would have, it seems that whomever orchestrated this did so with a specific intent to create a chilling affect and to send a message. Was this really the best use of law enforcement resources by the county and the feds?

    Now, regardless as to one’s stance on immigration, the fact that this arrest was made without a warrant and the gentleman’s attorney was completely dismissed by the agent should concern you.

    ReplyDelete
  11. I know the prosecuting attorneys were blind-sided. But someone made sure ICE was on hand, and it should be relatively easy to discover who this somebody is.

    ReplyDelete
  12. Who ever it is he is a hero we need more like him or herrrrrr

    ReplyDelete
  13. Shame on you Geheime Staatspolizei! You also wished you could have stopped the person holding the camera but too bad we're in America.

    ReplyDelete
  14. do not drink and drive!!!

    El zorro!!

    ReplyDelete
  15. Is the entire DA's office stained?

    ReplyDelete
  16. You can bet it wasn't "Judge Dumbass" who perverted the criminal justice system that day.

    ReplyDelete
  17. Morganelli was a shamefully anti immigrant DA who didn't believe in basic human dignity for folks like Urrutia-Cordon. He's on video addressing the Tea Party comparing migrant immigrants to the 911 terrorist. I was hopeful Houck would be different but today I'm extremely disappointed in him and his office.

    ReplyDelete
  18. Pro tip: don't be here illegally and don't compound your original offense by driving drunk and imperiling us and our children with your careless disregard for our laws. Why is this so difficult to understand? I demand mercy for those who immigrate LEGALLY. We are a country of laws.

    ReplyDelete
  19. bernie, i see on social media that the defendant's attorney is showing your excellent video catch. Can an immigration attorney also use the tape to document the illegal arrest? Does the legality of the arrest still matter at this point?

    ReplyDelete
  20. Instead of creating an issue out of thin air, Judge Dumbass could confront the very real discrimination against people with Latino-sounding names within his own court system. Although ARD applicants are not asked of they are US citizens, Sandra McClure asked that question of Urrutia-Cordon. Why? Because he has a Latino name. If that is not profiling someone, I don't know what is. The problem is NOT the Bethlehem Police Department, but our very court system.

    ReplyDelete
  21. "bernie, i see on social media that the defendant's attorney is showing your excellent video catch. Can an immigration attorney also use the tape to document the illegal arrest? Does the legality of the arrest still matter at this point?"

    To be clear, I did not shoot that video. Someone else did. I think the immigration attorney can use it and , more importantly, can present evidence that Urritia-Cordon was asked a question that is simply not asked of other ARD applicants. This kind of question and subsequent ICE contact is a violation of the Fourth Amendment, according to a recent ruling by an immigration judge. https://www2.law.temple.edu/csj/cms/wp-content/uploads/2020/02/Phila.-Immigration-Court-2.3.20.pdf

    ReplyDelete
  22. Everybody wants an exception to the rules. Lets just have no rules and be done with it.

    ReplyDelete
  23. But you can be a state senator, get 3 DUIs and get ARD twice. This ice agent clearly is not impartial wearing clothing like that.

    ReplyDelete
  24. What law prevents Sandra McClure from asking about someone’s legal status? Or if someone has a job, does drugs, etc? Perhaps she already knew ICE was present and what they were about to do. It’s really too early to jump to conclusions about this being some sort of anti-Latino thing. People of all races overstay their visas, and other unknown (supposed) infractions that would pause proceedings due to lack of complete information. Is the young man behind bars?

    ReplyDelete
  25. How can the general public voice displeasure about this? Seem like this person was going through the process but was an easy pickup.

    ReplyDelete
  26. The 'ICE'Agent has very poor tactics.

    ReplyDelete
  27. "What law prevents Sandra McClure from asking about someone’s legal status?"

    He had an attorney, and she shouldn't have asked him a damn thing. If she had a question, she should have asked his lawyer. And it is the Constitution that should prevent her from inquiring into legal status. I already cited the case.

    ReplyDelete
  28. "How can the general public voice displeasure about this? Seem like this person was going through the process but was an easy pickup."

    Bingo. I would ask the courts to issue an order banning ICE from making courthouse arrests unless it is (1) a person identified as a gang member, (2) threat to public safety or (3) accused of a violent crime or felony. The criminal courts should not be perverted for civil immigration enforcement proceedings.

    ReplyDelete
  29. Lehigh county paid up $75k for wrongfully detention. Hope this gentleman sues Northampton County for an equal amount. This agent should no longer be holding a badge. What's next arresting parents of children going into surgery?

    ReplyDelete
  30. I think while you are not home, someone should enter your home and eat your food and use your shower. of course you would forgive them because they were hungry and dirty. In that case it should not be a crime to enter without your permission. This whole thing is just a stupid argument.

    ReplyDelete
  31. How did the commonwealth have no witness if the arrest was made by PSP

    ReplyDelete
  32. I mean I'm all for deporting people who dont pay taxes and dont try to get naturalized. But this guy as been paying taxes for the last 10 years and he's trying to take the correct steps to become a citizen. I just feel that this is wrong.

    ReplyDelete
  33. I wonder if they will take him to Sammy's Mexican Grille in Pheonix AZ to meet the pres

    I was hoping Josh would have clubbed the ice pig with an extra special MMA super kick, it looked like he was about to do just that

    even big biceps sheriff volpe would not have been enough to stop that fight.

    ReplyDelete
  34. The Fourth Amendment is LOADED with exceptions and vague interpretations. Perhaps another lawsuit is ahead.

    ReplyDelete
  35. ”How did the commonwealth have no witness if the arrest was made by PSP”

    It had witnesses but they were not there. It was thought the Defendant would plead.

    ReplyDelete
  36. ”even big biceps sheriff volpe would not have been enough to stop that fight.”

    My money’s on Volpe. Josh is a lawyer, not MMA.

    ReplyDelete
  37. Anon 9:51 said:

    "The ICE agent should be ashamed of himself...for detaining a guy, who technically is illegal, but is OBVIOUSLY making an attempt to be a responsible citizen of this country."


    So you get to pick and choose which laws you want to obey? Or you can buy off your law-breaking by simply paying the taxes you're supposed to pay?

    And that assumes that he has been paying taxes since day one, and not collecting any type of assistance during any of that time.

    I would also argue that he/we are VERY lucky that he didn't hit and injure or kill anybody while driving drunk. And that IS a threat to public safety.

    I applaud the ICE agent for doing his job, especially in the warped environment we have today.

    ReplyDelete
  38. Anon 9:10 said:

    "But this guy [is]...trying to take the correct steps to become a citizen."


    By remaining in the country illegally and driving drunk?

    The correct steps would be to turn yourself in and face the penalties.

    ReplyDelete
  39. @10:07AM - I think the point was that it wasn't the best time, place or circumstances for the ICE agent to make such a show with such a target. Its a bad look even if you are a supporter of zero tolerance because it weakens the argument that ICE is making the country safer/better. Its sort of like a college kid playing competitive basketball with a bunch of 5th graders - if you watch that and think, "gee this college kid has some skills" instead of thinking "what's wrong with this guy?" and feeling sympathy for the 5th graders, you just aren't wired correctly.

    ReplyDelete
  40. Fulmer went hog wild I'm surprised he didn't get tazed

    ReplyDelete
  41. From what I gather , the agent doesn't need to show the ICE warrant to anyone.

    ReplyDelete
  42. ""What law prevents Sandra McClure from asking about someone’s legal status?" … it is the Constitution that should prevent her from inquiring into legal status. I already cited the case.""

    The question is on the Northampton County ARD application itself. It has been for years.

    Bernie, I think it would be interesting to post the Commonwealth and Defense briefs in this gentleman's case that address this very issue so the public can see both positions.

    Personally, I think citizenship status and immigration status are valid questions and may be relevant to a determination but cannot or should not used as a sole determining factor in a blanket policy.

    ReplyDelete
  43. I think Fulmer has roid rage and may need to attend rehab a local constable did far less and was slapped into cuffs by same sheriifs and tossed in a jail cell over a hand cuff key on his keychain

    either that or he ate a big bowl of wheaties for breakfast

    ReplyDelete
  44. Illegal and driving drunk...and got caught for both BUSTED! YES Lamont we want him in YOUR neighborhood while YOUR kids are playing outdoors....Lamont take him home to live with you since you think he is such a stellar human.

    ReplyDelete
  45. volpe should have breathylized Fulmer he had obvious beer muscles, maybe a few too many from sunday afternoon dog fights , them pitbulls get people all wound up and ready to fight, maybe someone needs to arrest Fulmer for enabling dog fights, i think an NFL superstar went down for this too. no special deals for esquires

    ReplyDelete
  46. how many lawywers get away with a show like that and not held in contempt of court? Answer , rhymes with fun

    ReplyDelete
  47. Bernie how do you know he was paying taxes? If he was here illegally wouldn't that mean he has no social security card/number. Pretty sure you need one of them to be gainfully employed and paying into income taxes!

    ReplyDelete
  48. i thought terry camapigned on this issue of allowing illegals to get ARD, did he not?

    ReplyDelete
  49. Bernie, thanks for covering this and bringing this to light. The County needs to be held accountable for their actions. Their agenda is very clear, even more so with the t-shirt that man is wearing. Courtrooms and courthouses need to be impartial, unbiased spaces. These comments here are truly insane, too...no way any of these people would be talking so much shit on this guy if he was a family member or friend of theirs. He's married and a hard worker, and blew a .12 so he should be deported? Get the hell out of here. Our country is better than that.

    ReplyDelete
  50. if you want to do something nice for the illegal heres and idea


    there is a closet full of decent looking suits going to waste in South Whitehall, so the illegal doesnt look like a schelp with a clearance rack family thrift store suit. Give the mrs a call, I'm sure she'll be delighted to hear from you

    ReplyDelete
  51. 11:43 - that “pays taxes” defense sometimes reflects paying only sales tax, gasoline tax, cigarette taxes, etc.

    ReplyDelete
  52. I am sure to obtain citizenship in the USA one should remain arrest free. This means the entire time of person being sponsored for citizenship to become USA citizen!

    ReplyDelete
  53. The new DA wanted to give him a deal. Every DUI in the County should ask for the same deal. Wow he has to go.

    ReplyDelete
  54. Anonymous said...
    The law is the law. If he is here illegally he can be detained. Why is there a problem? Is it because we finally have a president who is enforcing the law of the land.
    March 3, 2020 at 4:58 AM

    I'm guessing you were not such a fan of federal authority when it was used to, say, desegregate public facilities.

    Amirite or amirite?

    ReplyDelete
  55. He is illegal and blew a .12. If he had injured some in the family of 11.57 a.m. I believe his post would be different.

    ReplyDelete
  56. If people don't feel safe from arrest when coming to the courthouse, they won't come. I'm guessing the police and prosecutors are going to see a lot less cooperation if ICE agents help to meet their quota of arrests there.

    ReplyDelete
  57. "11:43 - that “pays taxes” defense sometimes reflects paying only sales tax, gasoline tax, cigarette taxes, etc."

    No, this guy paid income taxes for ten years and attached his returns to his ARD motion.

    "I am sure to obtain citizenship in the USA one should remain arrest free. This means the entire time of person being sponsored for citizenship to become USA citizen!"

    You may be sure, but you are wrong. Being arrested or convicted of a crime is NOT an automatic bar to citizenship, although it does not help.

    "The new DA wanted to give him a deal. Every DUI in the County should ask for the same deal. Wow he has to go"

    Every DUI in the county is always offered deals, regardless who is DA. That's why there are so few trials.

    "i thought terry camapigned on this issue of allowing illegals to get ARD, did he not?"

    He promised case-by-case scrutiny.

    ReplyDelete
  58. How does the fellow pay the ARD costs of $2,275 when he was denied ARD? Guess you have your facts wrong

    ReplyDelete
  59. "Bernie how do you know he was paying taxes? If he was here illegally wouldn't that mean he has no social security card/number. Pretty sure you need one of them to be gainfully employed and paying into income taxes!"

    Ten years of income tax returns were attached to the ARD motion. He had an ITIN.

    I marvel at the ignorance and misunderstandings that many of the xenophobes here have.

    ReplyDelete
  60. how does an illegal immigrant have a drivers license?

    ReplyDelete
  61. Bernie, is the V for Vandetta Vantrillaquist?

    ReplyDelete
  62. The guy committed a criminal act when he snuck into the country 10 years ago. The penalty is deportation. Nuff said.

    ReplyDelete
  63. Obey the law an no worries. Let him drive DUI with McClure.

    ReplyDelete
  64. ICE does not need a warrant to make an arrest
    ICE officers are sworn federal law enforcement officers who operate within the confines of the law. Section 287 of the Immigration and Nationality Act provides ICE officers the authority to arrest aliens without a judicial warrant. In fact, no judge in this country has the authority to issue a warrant for a civil immigration violation. Congress, by statute, vested this authorization solely to supervisory immigration officers. Local police officers don’t need a warrant when they encounter someone breaking the law in a public space, and the same holds true for ICE officers. Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved may be subject to prosecution under federal law. In addition, encouraging others to interfere or attempt to obstruct an arrest is extremely reckless and places all parties in jeopardy

    ReplyDelete
  65. Is that ICE agent the infamous Greg Marino from the 2008 federal lawsuit against him, Allentown, and Lehigh County?

    https://www.mcall.com/news/mc-xpm-2012-11-12-mc-allentown-police-immigration-lawsuit-20121109-story.html

    ReplyDelete
  66. He has a driver's license, wonder if he is also registered to vote.

    ReplyDelete
  67. So McClure ha made Northampton County a sanctuary county. Just what we need. More liberal nonsense.

    ReplyDelete
  68. What really needs to be addressed is the legal immigration process. Why is it so expensive, so slow, and so bureaucratic to do immigration legally? If the process was more efficient wouldn’t there be fewer who break the rules to enter. America is always going to be a destination for folks who want a better life and are willing to work really hard at crappy jobs to achieve the American dream. People from third world countries will do whatever it takes to have a shot at the opportunity this country offers. We should create a path of much less resistance for immigrants. We should weed out the ones who shouldn't be allowed but let hard working, law abiding folks enter the country legally with a lot less red tape. We need the workers and they need the opportunity. Yes Bernie, you are on the mark with this one.

    ReplyDelete
  69. Thank you to this agent who risks his life day after day to keep our country safe. Illegal is illegal. My family came in the legal way and never took a dime. DRAIN THE SWAMP!

    ReplyDelete
  70. Wonder what parts of our laws the left doesn't get about being "illegal".

    ReplyDelete
  71. My money is on Fulmer, Bernie. Volpe only beats people up after they have been handcuffed.

    ReplyDelete
  72. A right to know request on arrest reports shows that big bicep Volpe used his taser on a subject on a rooftop - totally against accredited Sheriff policy yet his actions were overlooked by then Sheriff Miller. WHY? because Volpe sold out the Union to earn his sergeant stripes from Miller as well as unlimited overtime from Miller that allowed him to almost triple his yearly salary. All facts that cannot be disputed.

    ReplyDelete
  73. A drunk driver IS a threat to public safety. The fact of the matter is, this guy is not an "undocumented immigrant", there isn't such a thing. He's an illegal alien, who is in this country illegally, and committing crimes where someone could easily have been killed. He doesn't deserve any consideration in this, he deserves to be deported and banned from ever re-entering the United States.
    Period. He is not a citizen, he's not a lawful immigrant.
    Defying ICE on this is insane. Also, some corrupt county official doesn't have the authority to over-rule federal agencies.

    Source: I've had friends killed by a drunk driver, and I have to use a cane and can't live a normal life because of one.

    ReplyDelete

You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.