Judge unseals Schwilk warrant

By: TERI FIGUEROA - Staff Writer | Thursday, March 29, 2007 9:21 PM PDT

Jeff Schwilk argues his case in court at the San Diego County Courthouse in San Diego on Thursday.
BILL WECHTER Staff Photographer
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SAN DIEGO ---- The founder of the San Diego Minutemen won his bid in court Thursday to unseal the sworn statement of a police detective in support of a warrant to search the home of the controversial activist.
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Anti-illegal immigration activist Jeff Schwilk also won approval in his quest to have Judge Jeffrey Fraser order San Diego police to return any items from last week's search ---- part of a criminal investigation into the vandalism of three migrant camps in Rancho Penasquitos ---- that are not deemed relevant to the case.

No one has been charged in the Jan. 27 slashing and destruction of the camps in McGonigle Canyon, an attack during which vandals allegedly cut and destroyed clothing, sleeping bags, and other items belonging to the migrants.

The case remains under investigation for vandalism, but "police also characterize it as a potential hate-crime case," Deputy District Attorney Oscar Garcia told Judge Fraser in court.

Garcia also said that police have focused on people who have ties to the San Diego Minutemen, an anti-illegal immigration group that has protested outside of sites where day labors gather in search of work, and migrant squatter camps.

Police have served at least three warrants in the case. The first warrant, served a few weeks ago, was for the home of former Minutemen spokesperson Christie Czajkowski.

Police also searched the home of Julie Adams last week, who lives near McGonigle Canyon.

The newly unsealed affidavit is a sworn statement by San Diego police Detective Patrick Lenhart, in which Lenhart lays out his investigation and asked for permission to search Schwilk's Oceanside home for evidence possibly linking Schwilk to the crime.

Schwilk, who represented himself at Thursday's hearing, said outside of the courtroom that he was at a different area than the canyon site in question on that day and was not involved in anything related to the vandalism.

According to the newly unsealed affidavit, Schwilk told Lenhart that he was there with a group of people so they could trim branches in parts of the canyon, which has housed makeshift migrant encampments for decades.

In the affidavit, Schwilk said the group wanted to clear brush so that crimes couldn't be committed visibly there.

Eight days after police searched his home and seized items, Schwilk told a judge that he wanted to get some of his stuff back.

Among the items Schwilk said he most wants back is his computer, which contains information on members of the American Independent Party. Schwilk said in court that he is the communications director for the party's local central committee.

"We need that back now," Schwilk told the judge. "(Without it) our party is shut down. We cannot conduct the operations of our political party."

The political party's committee chairman for the area, D. Clark, was in court Thursday to support Schwilk.

The state chairman of the American Independent Party said in a telephone interview Thursday night from his Northern California home that he had never heard of Schwilk but that he had appointed Clark as area chairman five days ago. Ed Noonan, the state chairman, said it was possible Clark had just brought Schwilk on board as the communications chair.

Fraser said that any seized political information should be returned to Schwilk, and ordered the San Diego Police Department to do so expeditiously.

Also seized by police was the phone list of members of the Minutemen. Other items taken from Schwilk's home include cameras, videotapes and computer disks, according to the search warrant receipt.

According to Lenhart's affidavit, one victim identified Czajkowski in a photo lineup as part of the group he saw damaging his property.

Reached by phone Thursday evening, Czajkowski said she can prove via cell phone records that she was not in the canyon at the time of the vandalism

Lenhart's affidavit also noted that none of the witnesses picked out Schwilk from a lineup of photographs, nor did anyone pick out Adams.

Adams did not immediately return a call for comment Thursday night.

Witnesses said that between 1:30 p.m. and 3 p.m. on Jan. 27, two women and four men were seen leaving their cars and walking in the canyon areas where the encampments were vandalized, according to Lenhart.

One of the women was seen videotaping the others as they destroyed property at one of the camps, Lenhart wrote in the affidavit.

Lenhart said the loss of property for seven of the victims is about $1,000. Lenhart said another of the victims ---- who said he hid and watched as the vandals ruined his campsite, then later was chased by the vandals ---- had his computer and digital camera destroyed, among other items, and his loss is about $3,000.

Lenhart wrote that, during his investigation, Adams and her attorney came to the police station so police could interview Adams. But the interview never happened, because Lenhart refused to agree to not submit a case against Adams.

Lenhart also wrote that he spoke with Schwilk, who said he was in the canyon on Jan. 27 with a group of people who responded to his e-mail to help trim bushes and pick up trash in McGonigle Canyon.

The detective wrote that Schwilk told him the vandals were remorseful for what they had done. However, Lenhart wrote, Schwilk told him he did not take part in or even witness the event, but had only heard rumors about it.

Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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51 comment(s)[-]Go to Top

Joaquin wrote on Mar 29, 2007 9:28 PM:Lenhart needs to learn about washing machines because he'll be working at Sears soon. Where did Robert plug in his computer?

Robert24 wrote on Mar 29, 2007 9:35 PM:Jeff Schwilk for President!!!

hmmmmmmmmmm wrote on Mar 29, 2007 9:49 PM:I wasn't aware that migrants needed computers, digital camera's in their make shift camps. Didn't I read that the witness stated someone stole his computer and now the NCT says the witness says his computer was damaged . Which is it. I'm not buying any of this story anymore. It really seems to me that the PD doesn't want to deal with illegal issues. Seems the Minutemen are exposing that illegals are ignored. Seems like the PD is just harrassing Schwilk. Who's next?

Witch hunt wrote on Mar 29, 2007 9:51 PM:It clearly shows that Adams and Schwilk were not identified by witnesses. So, why are these people being harrassed? I hope they sue the PD, because this is nothing more than a witch hunt!

SDMM Member wrote on Mar 29, 2007 10:46 PM:Today the American People won a Huge Victory against the forces of evil and corruption!!! SDPD has been exposed as being bed with liars and the Mexican Government. Dep. DA Oscar Garcia is probably good friends with Johnny Sutton. Wow, I hope this goes National and Bush gets the message loud and clear that he works for us, not the other way around!

i don't know wrote on Mar 29, 2007 10:55 PM:About President, but he sure showed DA Garcia that Garcia is not above the law. Before this is all over with I believe there will be a lot of people getting pink slips in San Diego.

bvv wrote on Mar 29, 2007 11:03 PM:Hmmmm... illegal construction workers, getting paid by cash [no pesky tax deductions], living free on someone else's property -- apparently under the protection of the police -- no wonder these folks can send back $billions to their home nation.

S... wrote on Mar 29, 2007 11:18 PM:Hey my Minutemen buddies, just because this looser, Schwilk, supports your hate agenda does not mean that he, nor any of you, is above the law. I see prison in the future of many of you. You better check what happens to those inmates convited of hate crimes.

To SDMM Member wrote on Mar 29, 2007 11:21 PM:SDMM Member said: "SDPD has been exposed as being bed with liars and the Mexican Government." Boy, SDMM Member, you sure have a lot of credibility. NOT!

Godzilla wrote on Mar 29, 2007 11:25 PM:This whole thing seems very fishy, could the SDPD be doing the bidding for those who would do away with the southern boarder. Hey voters, I don't think thats in your best interest, do you? If this kind of intimidation is whats expected or somehow just to become normal behaviour, do we really live in a free society?

Skip wrote on Mar 30, 2007 12:22 AM:Don't Forget ! Illegal Aliens are still Illegal, and 80% of American Citizens want Illegal Immigration stopped.

wondering wrote on Mar 30, 2007 4:39 AM:I am wondering why the sworn statement of the detective involved in getting the search warrant was sealed in the first place. It appears that the minuite men have some people within thier orginazation who are working for the police.

CampoMM wrote on Mar 30, 2007 6:01 AM:Good Work Jeff! A victory for the American People! The SDMM today, who will San Diego PD harrass tomorrow?

Voice of Reason wrote on Mar 30, 2007 6:12 AM:What's this? People are "camping" in hidden make shift villages in canyons in San Diego? And SDPD knows about it? And the County Administration officials know about it? And the Health Department Officials know about it? And the only people who have done anything about this are neighboring legal residents who live in homes along the canyons along with vigilant citizens? The paid public servants responsible for ensuring the safety and health of ALL people living in San Diego have clearly failed us in this case. It should have been obvious when the minutemen targeted this encampment that vandalism or worse was on the horizon, as these types often act on emotion -generally hate and anger. By not resolving the situation of the illegal camps when they were made publicly obvious by the minutemen; the officials involved -and sadly uninvolved- created a situation where boiling hatred could be poured over the people in this camp. These people have already had a hard road just to get where they are. In most cases, it would be better if they were returned to their countries of origin. Since the U.S. government, State, and local officials refuse to deal with this and other problems in an effective manner; undisciplined citizens will continue to act with varying levels of professionalism and respect for others. Clean out these camps. Give the canyons back to the wildlife. And finally force other countries to deal with their own economies in a fair and legal way.

sounds like a witch hunt... wrote on Mar 30, 2007 7:01 AM:So, Lenhart says the illegals lost of property of $1000 and $3000, total: $4000. How many of you legal taxpaying Americans have had this much interest by the police when your house has been broken into, your car stolen, or your property tagged?

Yeah Sure Jeff wrote on Mar 30, 2007 7:19 AM:"The detective wrote that Schwilk told him the vandals were remorseful for what they had done. However, Lenhart wrote, Schwilk told him he did not take part in or even witness the event, but had only heard rumors about it." Why didn't he come forward immediately with information. Talk about aiding and abeting criminals!!! Just the same way that Metzger was held responsible for a crime that was committed in Portland miles away from Fallbrook because his rhetoric and direction was the primary cause that the crime was committed. This is the same thing. I say Jeff ... should be prosecuted.

Carlsbad Citizen wrote on Mar 30, 2007 7:30 AM:Good for Jeff Schwilk and the Minutemen. Keep it up!! American are tired of our government officials doing more for illegals than for us. This will stop. And once again the NCT is showing its pro-illegal alien bias in their writing. The writer of this article said the minutemen "...protested outside of sites where day labors gather in search of work, and migrant squatter camps." You should have said they "protested outside of sites where illegal immigrants gather in search of work, and illegal immigrant squatter camps." I have never heard of these minutemen protesting against legal citizens, only illegal aliens. Please quit adding your pro-illegal spins in articles.

To Yeah Sure wrote on Mar 30, 2007 7:38 AM:Maybe Jeff heard rumors about it , from the NCT, UT and the TV news..........JUST like everyone else! He and Adams where in photo line ups and the supposed witness ( not ) could not identify them. KNow why? Because the y didn't do it! Get a clue people. This is a total set up by the open borders people. While the illegal remain out on the streets protected by law enforcement.

Corrupt SDPD wrote on Mar 30, 2007 8:18 AM:Perjury by a police officer is a serious crime. This is being exposed right now and more will come out soon. Sit tight and see what happens. This is a conspiracy and the only question is how high this goes? We know the DA played a part in this witch hunt and scheme to bring down the Minutemen in San Diego. Wake up folks, this could happen to you if you speak out against the illegal immigration corporation.

Digital camera and computer? wrote on Mar 30, 2007 8:31 AM:Where the heck do illegal aliens, living illegally in the canyons, working illegally for slave wages, get a $1000 camera and a $2000 computer? This whole thing is SO ridiculous!!! It is an obvious fabrication and I find it VERY sad that NCT and others fall for it.

Hammer of Justice wrote on Mar 30, 2007 8:32 AM:On something like this, the police and district attorneys want their case to be solid so that I can come down hard, real hard.

American Sympathizer wrote on Mar 30, 2007 8:39 AM:Remember folks, What is important here is NOT what actually happened but the seriousness of the charges. It's the accusations that matter. Remember Mexico has Napoleonic Law, your Guilty till proven innocent. I hate to say it we are half way in Mexico. The City of San Diego has it's own Little Napoleon known as City Attorney.

Wow... this proves MY theory. wrote on Mar 30, 2007 8:56 AM:I think the PRO ILLEGAL immigrant groups will lie steal and cheat to try and discredit loyal Americans who just want our borders protected and want the illegals deported.

Police Exaggeration wrote on Mar 30, 2007 9:33 AM:The original complaints talked about blankets, boots and clothing. http://www.nctimes.com/articles/2007/01/30/news/top_stories/1_05_311_29_07.txt Now we hear about $3000 in a computer and digital camera. The illegal alien camper needs to stop by his local electronics store. New computers run about $500 and digital cameras run about $200. Sounds like someone is being coached to pump up the charges.

just cleaning up wrote on Mar 30, 2007 9:34 AM:What a sweetheart Jeff Schwilk is. "Schwilk, who represented himself at Thursday's hearing, said outside of the courtroom that he was at a different area than the canyon site in question on that day and was not involved in anything related to the vandalism. According to the newly unsealed affidavit, Schwilk told Lenhart that he was there with a group of people so they could trim branches in parts of the canyon, which has housed makeshift migrant encampments for decades." I assume the people vandalizing the sleeping bags and possessions of poor migrant farmworkers were in another part of the canyon at that time. What a coincidence.

Veteran wrote on Mar 30, 2007 10:00 AM:It appears that the illegals control the DA's office. Why else would they be pestering legal citizens and taking the words of illegals. This situation has ceased to be funny and is not just pathetic. Maybe the AIP is the right approach for more of us. Couldn't be worse than what we've got now.

you don't get it wrote on Mar 30, 2007 10:20 AM:Some people here don't understand. Just because you are in this country illegally does not mean you can be assaulted or robbed by vigilantes. For one thing, not one of us has to prove citizenship to another civilian. In fact, some of us get extremely upset with people who think you are an illegal immigrant because you look Hispanic. The other thing is just because someone is living like a homeless person doesn't mean they are here illegally.

Blah blah.. wrote on Mar 30, 2007 10:24 AM:blah...what happened to the law is the law you ...? You've been praeching on these blogs for years that you aren't racist, that you just want the law enforced. What does one criminal's indiscretion (someone's lack of documents) have to do with your grandmaster [allegedly] vandalizing and breaking the law? About as much as the law has to do with your position on undocumented immigrants...nothing. ...

American woman wrote on Mar 30, 2007 10:43 AM:Yada, yada, yada! Let's get on with the work at hand, ladies and gentlemen. As usual, there will be nothing to hold against the Minuteman movement. This is a "San Diego thing." SD law enforcement has felt the pressure brought by anti-illegal alien/open borders activists, including the Minutemen and women. I hate to say that I feel there is rampant corruption in the SDPD, but I will go so far as to opine that if it's NOT corruption, they are the laziest darn bunch of cops I've ever dealt with. It's high time the country (local, state and federal gov'ts) take a step forward, for a change! Where is the integrity? The courage of our convictions? Where the heck are the AMERICANS? Just stop and think: If the majority of law enforcement agencies in each and every state would stand together and demand that we address the illegal invasion at the local and state levels (as has Hazleton, PA, for instance), IT WOULD BE A DONE DEAL! There's power in numbers and strength in truth. Where are the heroes? Certainly not in DC. Not occupying the seats of Congress! Not operating within the Department of Homeland Security/ICE or the Department of JUSTICE! We are on our own, America! When will we stand tiogether?

Questionable Warrants wrote on Mar 30, 2007 10:49 AM:This is the second questionable warrent issued reported in the news the past two weeks. Very scary stuff. I always thought there had to be some REASON to search and remove someones stuff. Isn't that in the Constitution or something?

legalatina wrote on Mar 30, 2007 10:55 AM:No amnesty. Build the fence. Secure the borders. Enforce the law. Report and deport. Enough of this insanity.

LUVUS wrote on Mar 30, 2007 11:02 AM:No, "you don't get it" it's YOU that doesn't get it. There is absolutely no reason for an individual who is here legally to fear the law...OR to live in a canyon. Skin color has nothing to do with it. Our government provides employment oportunities as well as limited financial help to those who are down on their luck. The Catholic Church, as well as many others, will be more than happy to lend a hand to anyone who fits this catagory! In fact, the Catholic Church excells and takes pride in aiding and abetting illegal aliens. So really, there's no excuse for legal canyon dwellers. You can be assured of one other thing, too: Law enforcement will NEVER charge anyone they stop on the highway or arrest for a crime with anything but crimes they have committed or laws they have broken, including implementation of the results gleaned from background and citizenship checks! It's just not done! So quit worrying. Only immigration law breakers will be charged with that crime.

Hatch in Escondido wrote on Mar 30, 2007 11:31 AM:To: , I completely agree that being here illegally should not be cause for being subjected to criminal acts. One wrong does not deserve another. That being said, what does that have to do with Schwilk? Nothing has been proven against him and he was not even picked out in a police line-up. You are right about not having to prove citizenship to another civilian. BUT, a person does have to prove elligibility for work to civilians- if they are employers. An employer faces possible heavy penalties for knowingly hiring illegal aliens. By the way, how many illegal aliens that live in canyons, or any homeless people own computers and digital cameras?

Pudley, Esq wrote on Mar 30, 2007 11:38 AM:Now hear this. Hola! Y'all better learn to speak Spanish fluent and soon too! "Senators and lobbyists are putting the final touches on a comprehensive immigration-reform bill that includes an easier citizenship path for illegal aliens and weaker enforcement provisions than were in the highly criticized legislation that the Senate approved last year." From the Washington Times, 2-22-07. While you're at it, bone up on Mexican grub and things like that, cuz you'll need to know all kinds of new stuff! Pretty soon illegals will be legal. Que te vaya bien y adios. Oh yeah, anuther thing. This is Ceasar Chavez Day, viva Mexico!!! (y viva La Raza!!!)

Marty wrote on Mar 30, 2007 12:04 PM:As somone once said, this is foregn politics rise to power. A copy of Jeff's computer will end up in the hands of the Mexican Gov. Just ask the Mexican Consulate about it. They want it and are against all the pro-USA movements supporting our soverenty. Mexico also is backing all the seperatist groups.

BetsyR wrote on Mar 30, 2007 12:30 PM:Hey, Pudley, We the People will never allow an amnesty bill to be passed, so don't get your hopes up. Also, Caesar Chavez was an American who WAS AGAINST ILLEGAL IMMIGRATION, you moron!

If there is ANY honor IN THEM wrote on Mar 30, 2007 12:36 PM:the Minutemen will do some housecleacing of their own and throw out the likes of Schwilt.

To Pudley wrote on Mar 30, 2007 1:56 PM:I don't know where you get your information but the president is backing down on some of his "open borders" policies, with this new legislation, but I'm sure you haven't heard about that. This will never be Mexico my friend. We the Americans will be cleaning house soon and I would like to start with people like you. Please learn to spell "another."

Vanessa wrote on Mar 30, 2007 2:05 PM:These people (mm) and what they represent is an embarrasment to our country, their ancestors, and the world. They say what goes around comes back around, and be forwarned, your day for Judgement will come too.

Horray for the little guy wrote on Mar 30, 2007 2:25 PM:Sounds like Jeff Schwilk has a good civil action against the police department. This can happen to any of us without just cause. I hope he pursues this case.

Police Haters wrote on Mar 30, 2007 3:07 PM:Stop hating the police. A crime was committed and (allegedly) there is suspect information.. Whether it's good information or not the police have to follow up on it to see. If Jeff wasn't involved then the police investigation should show that. But the fact that he was in the same canyon that day and made statements that the people who committed the crime are sorry would lead a reasonable person to believe it's probable he is involved...Hence the issuance of a warrant by a judge!!!! But that still doesn't mean he is guilty just that the police are doing their jobs and ensuring he isn't the one who vandalised the camp... Police work sometimes require cops to arrest people for things they don't believe should be illegal and to let poeple go even thouh they think they should be arrested or deported... Remeber we make the laws, we elect the politicians, cops just follow the laws (if they are good cops!). And this just sounds like good police work unless soenthing else comes out!!!!

TRX wrote on Mar 30, 2007 3:28 PM:I agree with about 99% of what "Voice of Reason 6:12 AM" said. However, I don't think the Minutemen and their followers are acting out of "hate and anger". They are operating out of frustration due to the faiure of those empowered to uphold our laws to do something about the serious illegal problems we face. Thanks also to "American woman 10:43 AM" for posting an intelligent discussion.

Hatch in Escondido wrote on Mar 30, 2007 3:37 PM:Police Haters, point well taken. I don't like what has happened, but, you may be right and they were just doing their job. But, please consider this: The police are an extension of a political body- that being the city government. The city government was sorely embarrassed by the rally at McGonigle- as was the chief of police. I have reason to believe that illegal alien supporters are asserting influence through fairly powerful groups, not necessarily including the ACLU, but also not excluding them. One particulary powerful direction from which very serious influence comes is the government of Mexico. Many will recall his statements during his last trip to California as the president of Mexico. His words were as clear his predecessor's, Ernesto Zedillo: We will fight your laws against illegal immigration! How else would one explain it? After all, the US Constitution reserves the power over immigration to the states. Congress can only make policy regarding naturalization. And yet, our federal government is making immigration law as I write this, with the support and guidance from the White House.

To Police Haters wrote on Mar 30, 2007 3:47 PM:IF the SDPD had been doing their job, Schwilk would NEVER had been in the canyon in the first place. More and more SDPD seems to take it's marching orders from Mexico..it is very sad. Squatters infesting our canyons, practicing child prostitution and Santeria? Being sold into slave labor by the large corporations? After the initisl broken law of entering the country illegally, THAT is further law breaking that is never enforced. WHY?

Veteran wrote on Mar 30, 2007 4:20 PM:Pudley. It's stupid comments like yours that may cause vigilantes to rise even more than they are now. I think that finally some members of congress are finally realizing that some citizens do not like their approach regarding amnesty and are starting to search for other plans. One of these is to control the borders first. Me, I would just close the borders totally for about six months and see who starts complaining then. it wouldn't be most Americans.

What no wrote on Mar 30, 2007 4:38 PM:television sets, washers and dryers, refrigerators were stolen out of the canyon? Sounds to me like the illegals were providing the police with free doughnuts!

HA, HA, HA wrote on Mar 30, 2007 4:58 PM:Ay, yi, yi. I try thees again. OK soon El Presidente Bush y Senors McCane y Kennedy gonna get that Amnesty Law passed. Watch out then hombres. Look at the new law hombres. Legalized residency for all immigrants & no more "illegal" stuff. OK, read it mi amigos. From Washington Times: "We're going for more. We're going for more." Such was Mexico President Vicente Fox's jubilant reaction to George W. Bush's proposal to grant de facto amnesty to an estimated 8 million to 11 million illegal aliens working in the United States, the majority of whom are from Mexico. President Bush believes that his plan "will make America a more compassionate, more human, and stronger country." Wait & see senors. Soon we outnumber you here & maybe vote to cecede & be part of Mexico again. All southwest USA was Mexico amigos. Open borders at least, OK. No more "illegal" stuff. No humans are "illegal." All rednecks back to dust bowl like reverse Grapes of Wrath. Take Swilluk with you. HA, HA, HA. Movimiento Estudiantil Chicano de Atzlan.

2007 ! wrote on Mar 30, 2007 9:07 PM:Is the year we take back our country from the corrupt politicians, local and Federal. Can't you just feel the American anger building? Its not hate and its not racism. Its frustration with being turned into a third world poverty nation and seeing our communities destroyed by unchecked illegal immigration. The only question remaining is will this be peaceful or by force as the original Minutemen did against the British oppressors? I'm joining SDMM today and help these guys save San Diego!

Al wrote on Mar 30, 2007 9:42 PM:Keep up your work Jeff. This country needs you and your groups efforts. Brush this one off and forge ahead in your fight against the ILLEGAL alien invasion which will only ruin this country.

HA, HA, HA wrote on Mar 30, 2007 10:07 PM:Hey you Senor 2007. You better get used to Mexicanos ruling here in Alta California. Yeah, & in Arizona, Nueve Mexico & Texas too senor. Si. We're gonna move capital of California to Tijuana man. Si. Reconquista California that was take from us way back there. You go back to where you came from Senor 2007. Si. Viva Mexico y Vival La Raza!!!!! Hey Senor, maybe if we let you stay you can mow my lawn. HAHAHAHA

HA HA BANG! wrote on Apr 1, 2007 12:58 PM:You should read the US Constitution, Article III, Section 3.

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