Jeff Schwilk argues his case in court at the San Diego County Courthouse in San Diego on Thursday. <br><small><B>BILL WECHTER </B>Staff Photographer</small> <br><A HREF="https://secure.townnews.com/nctimes.com/forms/photo_services/linkorder.php?des= bill wechter/ Jeff Schwilk argues his case in court at the San Diego County Courthouse in San Diego on Thursday." target="new">Order a copy of this photo</A> <BR><A HREF="http://www.nctimes.com/movie/schwilk0307/viewer.html" target="_blank"><IMG SRC="http://www.nctimes.com/art/video.gif" border="0"> View A Video</a> <br> <A HREF="http://www.nctimes.com/news/photogallery/" target="new">Visit our Photo Gallery</A> <br> <hr width="250">
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.
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.
Posted in Sdcounty on Friday, March 30, 2007 12:00 am Updated: 7:31 am.
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