Hourly Update

Hearing on charges against border activists postponed

A hearing on whether to dismiss charges against two volunteer aid workers charged with violating federal immigration law was postponed Friday because U.S. Magistrate Judge Bernardo P. Velasco was ill. The hearing will continue at 1:30 p.m. Tuesday. Shanti A. Sellz, 23, and Daniel M. Strauss, 24, are facing charges that they knowingly and intentionally conspired to transport an illegal entrant while volunteering for the local faith-based No More Deaths movement, which during the hot summer months provides food, water and medical assistance to people illegally crossing the border from Mexico into the United States by foot. No More Deaths members say the U.S. Border Patrol approved of their protocol, which calls for medically evacuating illegal entrants to Tucson if they are seriously ill. But federal prosecutors say they have a tape recording of a meeting between Michael Nicley, Tucson Sector chief of the U.S. Border Patrol, and religious leaders in Tucson during which Nicley says anyone caught transporting an illegal immigrant will be prosecuted. The tape could be played in court Tuesday. Velasco's decision about whether to dismiss the charges will be a recommendation to U.S. District Judge Raner Collins, who then is expected to rule on whether the case will go to trial. The original trial date of Tuesday has been postponed and no new date has been set.