Who's The Criminal?

— Ted Warmbrand

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Ted Warmbrand . . .

Who's The Criminal?

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"For a long time since living in Tucson I have been singing songs for human rights groups. In the 80s there was the Sanctuary Movement which we were intimately involved with.

"Post-NAFTA, it was more Mexicans than Salvadorans and Guatemalans.

"I introduced an original song Take Me To The Border to celebrate the formation of the group Humane Borders. Humane Borders' role was to set out water stations in the dry desert with flags flying so that no one who could find them would die from thirst or dehydration.

"In 2003-04 HB and several other local human rights organizations joined to form the No More Deaths Coalition ("No Mas Muertes"). We held a big rally at our federal building in 2004. I was asked to sing for it. Who's The Criminal was composed to commemorate the hundreds who died crossing this desert in the previous 12 months.

"Since the days of the Tucson Labor Chorus, I been jotting down observations for a song about the situation, testing out different moods and ideas. Now was the chance to put those ideas to work. Charlie King's old song about a draft resister refusing service in VietNam provided the title query, Who's the criminal here. I fit that question to a new tune that reflected our sadness and regret over these losses.

"Then something happened. Two volunteers, Shanti Sellz and Daniel Strauss, were driving three very sick men to doctors at Southside Church in a well marked car. The Border Patrol struck. The two were arrested and charged with felonies for transporting people who were not in this country with legal protection or authority.

"The charges became a rallying cry for a community known for its compassion and humanitarian work. Lawyers, environmentalists, church leaders, artists, doctors, each week gathered to make public their outrage. Amnesty International vowed that if jailed the "Tucson Two" would be declared "political prisoners." Thousands of signs sprung up in people's yards and in business windows throughout southern Arizona asserting "Humanitarian Aid Is never A Crime." Thousands of postcards were delivered to the US Attorney's office carrying the same message. Arizona's former Supreme Court Chief Justice, Stanley Feldman, joined the pro bono defense team. Finally both were acquitted.

"The song, now reflecting an innate defiance, took on new life during this period. It was not only requested at marches, church services, benefit concerts, but people instantly wanted to sing along with the refrain. Sometimes I couldn't stop people from singing it over and over."

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Personnel: Ted Warmbrand, vocals, guitar; Frank Hernandez, keyboard, accordian, vocals; Megan Jackson, vocals; engineer, Lance Saxerud.

Get the CD: , 402 S Star, Tucson AZ 85719. Also get the song on Anne Feeney's If I Can't Dance CD.

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Songs not otherwise attributed were recorded at the annual Great Labor Arts Exchange in 2001, 2003, 2004, or 2005 at the National Labor College/George Meany Center, Silver Spring, Maryland. Engineers: Bob Barnes, Ellis Boal, Charlie Ray Fetty III, Joe Jencks, Ray Korona, George Mann, Dave Sless, Isaac Wilson.

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