JUDGE DENIES TRAFFIC STOP SUBPOENA

SHELBY - A Cleveland County judge Monday rejected the notion of racial
targeting in the case of a Hispanic man accused of trafficking cocaine
along I-85.

Superior Court Judge Richard Boner denied a subpoena request from
David Teddy, lawyer for Jose Arrassaenz, to get traffic stop data from
Cleveland County's Interstate Crime Enforcement team.

Boner questioned what evidence Teddy had that the arresting officer
knew he was dealing with a Mexican when he pulled him over.

"I think you're fishing, hoping you're going to catch something,"
Boner said.

Teddy said previous testimony by Cleveland County Sheriff's Sgt.
Rodney Fitch shows deputies are looking for Hispanics.

"When he said 28 out of 29 involved minorities and most of them being
Mexicans ... to me that means there is some smoke that needs to be
investigated," Teddy said, "to find out whether Hispanics are being
targeted on the interstate."

"I hope this looks suspicious to you...," Teddy said. "You don't get a
roadside inquisition if you are a white male, but you get a roadside
inquisition if you are a young Mexican male. He (the deputy) doesn't
get to selectively enforce traffic laws."

Prosecutors said there were 29 "significant" stops, but many others --
they didn't provide an exact number -- that led to minor drug arrests
of people from different races, including Caucasians.

Sam Craig, attorney for the sheriff's office, said the department
keeps traffic stop information, but the data only matches up with a
secret code used to identify the officer. He said state law allows the
officer to be revealed with a court order.

After the hearing, District Attorney Rick Shaffer said the I.C.E team
did everything by the

"The state is not responding to any particular allegations other than
to say we are satisfied that the I.C.E. team worked within the state
statutes and the N.C. and U.S. constitutions," Shaffer said. "Any
inference that they are engaging in racist activities is not founded
and without basis."

I.C.E. team pulls over vehicle on I-85 On June 14, 2006, Sgt. Rodney
Fitch said he received a 4 a.m. phone call from a U.S. Customs agent
in Charlotte requesting the I.C.E. team pull over a vehicle that had
just left a warehouse under surveillance for drug distribution.

He said the agent told him that Jose Arrassaenz and Jose
Rodriguez-Otero had just put several bags in the red Ford Ranger and
headed toward South Carolina on I-85.

Fitch said he parked in the median and waited as the agent continued
to update him about where the vehicle was on the interstate.

Fitch said he spotted the vehicle and then pulled behind it. He said
he paced the vehicle going 70 mph in a 65-mph zone and said the driver
crossed the white line twice. Fitch then pulled over the vehicle.
Arrassaenz was driving and Rodriguez-Otero was his passenger.