Sanctuary Movement Trial papers

MS 362
Image
Reverend John Fife and sculptor John Howser of the Sanctuary Movement, circa 1985

Reverend John Fife and sculptor John Howser of the Sanctuary Movement, circa 1985. Howser created the sculpture of “Juana,” a Guatemalan refugee aided by the sanctuary movement. The sculpture is still housed at Southside Presbyterian Church in Tucson.

Collection area: Borderlands

Collection dates: 1979-1992

About this collection

The inclusive dates for this collection are 1982-1992. The materials in the collection relate to the Sanctuary Movement, but more specifically the Sanctuary Trial that took place in Arizona. This collection is a compilation of materials received from several lawyers and local organizations that were involved in the Sanctuary Movement. As a result, there was much duplication. To assist the researcher as much as possible, duplicates were discarded and only one copy was kept. Materials received from the attorneys have been organized into the first seven series. Series eight and nine consist of materials from various organizations, and series ten is a collection of newspaper clippings maintained by the attorneys also. The 2012 addendum consists of materials pertaining to the appeal case, the defendants Peggy Hutchinson and Wendy LeWin. Other items can be found like trial materials which include background/pretrial materials as well as additional materials on individuals that relate to Series two and three. Also included in the Amendum are miscellaneous documents collected after the trial such as church pamphlets, support letters, and newspaper clippings which relate to Series 10 as well.

Series one “Indexes,” contains indexes kept by the lawyers regarding the defendants, general information, and the Sanctuary Movement itself.

Series two “Background/Pre-trial material,” consists of background and pre-trial material. Included in this series are government interviews, information about government witnesses, phone logs/bills, reports, and materials relating to the Sanctuary Defense Fund.

Series three “Individuals,” contains materials collected by the attorney’s regarding individuals related to this case. This section contains items regarding the defendants, government witnesses, government informants, un-indicted/co-conspirators, and others involved in the case.

Series four “’A’ Files” contains files regarding illegal or legal aliens that have a direct bearing on the case. These files contain personal information regarding these individuals. This series is restricted.

Series five “Counts,” contains the charges or “counts” against the 11 who were indicted.

Series six “Trial Notebooks,” contains the trial notebooks kept by the attorney’s. Included in these notebooks are information about defendants (Phillip Conger and Sister Darlene Nicgorski), government informant Jesus Cruz, jury instructions, subpoenas, and general information regarding the Sanctuary Movement.

Series seven “Trial Transcripts,” contains the certified trial transcripts and is divided into six sub-series. Sub-series one consists of pre-trial transcripts (motions), sub-series two consists of depositions, sub-series three consists of the taped transcripts of “Operation Sojourner.” This sub-series also contains notes taken by the attorneys regarding these transcripts. This sub-series is restricted. Sub-series four contains the certified trial transcripts that lasted from October 1985-May 1986. Box 20A, folder 15 and Box 21A, folder 9 and 14 are restricted. Sub-series five contains trial summaries and sub-series six contains the post-verdict sentencing transcripts.

Series eight “American Friends Service Committee,” contains materials given by American Friends Service Committee (AFSC). These materials highlight Jim Corbett’s involvement in the Sanctuary Movement and contain articles by or about Corbett, legal/trial material regarding Corbett, news clippings, and videos.

Series nine “Southside Presbyterian Church,” contains materials given by the Southside Presbyterian Church (SPC). These materials were collected over a period of time and reflect articles, correspondence, new clippings, publications, and reports regarding the Sanctuary Movement. Many of these items highlight SPC’s involvement in the movement.

Series ten “Newspaper Clippings,” contains newspaper clippings collected between 1981 and 1988 regarding the Sanctuary movement, trial, and world events as they relate to this case.

Series eleven “Appeals” This series contains important materials pertaining to the appeal of the trial, including legal briefs, correspondence, notes, and various files that were compiled by the attorneys. The various motions filed during the appeal are represented as well as government responses to those motions. Since Peggy Hutchinson was one of the donors, her files are highly represented; however, some materials from the other appellants can be found in this series as well. Materials and duplicates pertaining to the original sanctuary trial case are present in this series, especially since these materials were used as research and to strengthen the appeal case. These materials can be found mostly in Subseries one and Subseries three.

Series twelve “Background/Pretrial Material” These materials are additions and extensions of Series Two. The first subseries contains assorted materials that include trial documents, such as attorney notes and trial exhibits, and topics associated with the Sanctuary movement, such as different organizations that participated in the movement. Subseries Two is focused on materials about Guatemala. The dominant materials in this subseries are bulletins and newsletters from various organizations and associations within Guatemala or in support of Guatemala in the movement. Subseries Three includes materials about the related Sanctuary movement trial that took place in Texas. Most of the materials in this series are depositions; however, there are also trial materials including briefs and motions.

Series Thirteen “Individuals” The materials in this collection specifically pertain to the defendant Peggy Hutchinson and her attorney, Michael Piccarreta, and the defendant Wendy LeWin and her attorney Ellen Yaroshefsky. This is an addition to Series Three. The series contains pleading files, correspondence, and other materials pertinent to the case. Other materials represented in this series are files related to the Sanctuary movement, such as the Arizona Sanctuary Defense Fund, and files dealing with outside projects important to the defendants.

Series fourteen “Post-Trial Miscellaneous Material” The materials in this collection were collected after the trial and include examples of support such as Junior High student’s support letters, church pamphlets and various organizations dealings with the movement and trial.

Series fifteen “Newspaper Clippings, 1979-1992” Clippings are collected from various regions.

Series sixteen “Background/Pre-Trial Material” contains materials that are additions to Series two and twelve. The materials collected prior the trial that are related to those indicted as well as the sanctuary movement as a whole.

Series seventeen “During Trial Material” contains materials that are additions to Series fourteen that pertain to the Sanctuary Trial.

Series eighteen “Post-Trial Miscellaneous Material” contains materials after the trial that pertain to the Sanctuary Trial and the movement as a whole.

Series nineteen “Related Trials” contains materials that pertain to trials that are related to the Sanctuary movement.

Series twenty “Tucson Economical Council (TEC)” contains materials related to the nonprofit organization and its affiliated groups such as the Task Force for Central America that supported the Sanctuary Movement and those indicted during the Sanctuary Trial.

Series twenty-one “Arizona Sanctuary Defense Fund” contains materials related to the nonprofit Arizona Sanctuary Defense Fund, which supported the Sanctuary Movement and those indicted during the Sanctuary Trial.

Series twenty-two “Newspaper Clippings” contains newspaper clipping collected between 1980 – 2002 regarding the Sanctuary movement, and trial, and world events related to it.

Series twenty-three “A/V Material” contain DVDs, audiocassettes, and other audiovisual materials pertaining to the Sanctuary Movement.

Items in this collection can be found both in English and in Spanish.

Historical background

The Sanctuary Movement can trace its beginnings to the early 1980s when concerned citizens such as Jim Corbett, John Fife, Phillip Conger and others began helping refugees from Central America (El Salvador, Guatemala, Honduras, and Nicaragua) seek political asylum. These men and others began helping refugees avoid capture by the United States Government. Jim Corbett, a Quaker, insisted that what they were doing was not “civil disobedience.” He argued instead that it was “civil initiative” -- they were upholding laws regarding treatment of war refugees that the U.S. government refused to enforce.

The movement started along the border with Mexico and Arizona, but was also represented in Chicago, Philadelphia, California and Texas. On March 24, 1982, Southside Presbyterian under the direction of Reverend John Fife became the first church in the country to declare itself a sanctuary for Central Americans fleeing persecution. The movement quickly gained attention and acceptance. At its height, more than 200 religious orders (Christian and non-Christian) and congregations nationwide, several universities and municipalities, and more than 600 religious organizations, including the National Federation of Priests’ Councils (representing more than 33,000 Catholic priests) declared themselves in favor of sanctuary.

Rejecting the claim that sanctuary was in fact upholding the law, the U.S. government moved against its leaders. In January 1985, 11 members of the Sanctuary Movement, including two Catholic priests and several religious lay workers, were indicted on alien-smuggling charges. After a six-month trial in Tucson, eight were convicted of various felonies. All received probation. The verdict was filed in March 1988 and taken to the Ninth U.S. Circuit Court of Appeals in San Francisco. The court upheld the convictions and in 1991 the U.S Supreme Court left intact the ruling by the U.S Circuit Court of Appeals.

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