Warren, 37, faced two charges of harboring two men following a January 2018 raid on the ramshackle building known as “the Barn” on the outskirts of Ajo, an unincorporated town surrounded by remote deserts about 110 miles west of Tucson. Warren was first tried earlier this year, but the jury in that case could not reach a decision and the judge declared a mistrial. That left the Trump administration free to press the case against Warren a second time.
After a short break, Kuykendall spent an hour laying out his own closing arguments, telling the jury, “Being a good samaritan is not against the law, following the golden rule is not a felony.”
He argued that the agents and prosecutors “assumed” that Warren was a smuggler, and that they operated on a “blind assumption” about the practice of humanitarian aid.
“The only way to find Scott guilty beyond a reasonable doubt is to believe the purpose motivating him was to break the law,” Kuykendall said. And, he told the jury that Warren was trying to “prevent suffering and death” in the desert.