Discontent with Maricopa County Attorney Andrew Thomas' and Sheriff Joe Arpaio's legal battles with county officials moved to a public forum Monday and received a boost from an unexpected source with inside knowledge of their cases.
Hundreds of attorneys gathered on the courthouse steps in downtown Phoenix to protest Thomas and Arpaio's public campaign against public corruption. And, in a scathing letter to The Arizona Republic, the Yavapai County attorney, who previously handled some of Thomas' cases against county officials, blasted the prosecutor and sheriff as "a threat to the entire criminal-justice system."
Sheila Polk, a Republican and career prosecutor, spent six months working on two of the cases sought by Thomas and Arpaio in their ongoing battle against county officials and the courts. Her office handled the first criminal case against Supervisor Don Stapley and the investigation into the disputed Superior Court tower project.
In her letter, Polk wrote that although Maricopa County isn't her jurisdiction, she can't sit by and watch the abuses from a distance anymore.
"I am conservative and passionately believe in limited government, not the totalitarianism that is spreading before my eyes," she wrote. "The actions of Arpaio and Thomas are a disservice to the hundreds of dedicated men and women who work in their offices and a threat to the entire criminal-justice system."
Polk had stayed out of the legal drama in Maricopa County, and her remarks offer the first insight from an outside law-enforcement official who has some knowledge of the cases Arpaio and Thomas have lodged against county officials.
Maricopa County Sheriff's Chief Deputy David Hendershott said that the Yavapai County Attorney's Office mishandled the allegations and that Polk wasn't as familiar with the cases as she implied.
But Polk's words appeared to shock Thomas, who learned about the letter the same day a rally was held near his office.
More than 250 people, mostly attorneys, gathered in front of the Superior Court complex in downtown Phoenix on Monday to protest criminal charges filed against a Superior Court judge who is accused of hindering prosecution, obstructing a criminal investigation and bribery.
Thomas laughed off the rally with a quip: "They predicted 1,000 people would turn out, and obviously that didn't materialize. So, I guess I'm not as big a draw as the sheriff."
He said he could not comment on Polk's letter.
Hendershott spoke on behalf of Arpaio. Hendershott said that Polk's office repeatedly failed to issue subpoenas the Sheriff's Office needed.
"It seemed clear to us that this case was being deliberately stalled," he said. "We basically let her know that her work product was ineffective."
Hendershott implied that Polk was interested in becoming a judge and was trying to curry favor with attorneys and politicians by stalling the investigation. Polk declined to comment, saying the letter speaks for itself.
Hendershott said that, after learning of Polk's letter, he also notified the FBI of his concerns about Polk's handling of the investigations.
Source
Friday, January 15, 2010
Tuesday, December 15, 2009
Snapped street light pole narrowly misses 2 Phoenix officers
PHOENIX -- Police say two officers escaped injury Friday night when a snapped street light pole fell, narrowly missing their vehicle.
Phoenix Police Sgt. Steve Rother said that about 10 p.m. the officers witnessed an accident between a car and pickup truck at Camelback Road and Interstate 17.
The pickup reportedly fled the scene and officers followed. As the truck made a sharp turn at Missouri Avenue the driver hit a street light pole, according to Rother.
He said the driver took off on foot but was caught by officers after a short pursuit.
Rother said that while the officers were taking the driver into custody the street light snapped and crashed into the roadway between the pickup and police car.
Power lines fell onto the road and over the police car.
There was no damage to the police car and only the driver of the pickup was injured, Rother said. That driver was transported to a local hospital with a cut on his forehead. The driver was processed for DUI.
Rother said no one in the other vehicle involved in the accident was injured.
Source
Phoenix Police Sgt. Steve Rother said that about 10 p.m. the officers witnessed an accident between a car and pickup truck at Camelback Road and Interstate 17.
The pickup reportedly fled the scene and officers followed. As the truck made a sharp turn at Missouri Avenue the driver hit a street light pole, according to Rother.
He said the driver took off on foot but was caught by officers after a short pursuit.
Rother said that while the officers were taking the driver into custody the street light snapped and crashed into the roadway between the pickup and police car.
Power lines fell onto the road and over the police car.
There was no damage to the police car and only the driver of the pickup was injured, Rother said. That driver was transported to a local hospital with a cut on his forehead. The driver was processed for DUI.
Rother said no one in the other vehicle involved in the accident was injured.
Source
Saturday, November 28, 2009
Arizona DUI task force results in 546 arrests so far
PHOENIX – Police and DPS officers have arrested 546 people so far during the second week of the statewide Arizona Labor Day Task Force.
According to a news release provided by the Governor's Office of Highway Safety, which is sponsoring the campaign, 72 of those arrests occurred Saturday night alone.
Twenty-five of those arrested Saturday night were cited for extreme DUI, which means they had an average blood alcohol content (BAC) of .15 or above. The legal limit in Arizona is .08.
Since the task force started last weekend, 191 people have been arrested for extreme DUI.
The average BAC since the beginning of the campaign is .160, twice the legal limit.
Nearly 2,100 people have been cited for other violations such as speeding, not wearing a seatbelt and improper lane change.
Source
According to a news release provided by the Governor's Office of Highway Safety, which is sponsoring the campaign, 72 of those arrests occurred Saturday night alone.
Twenty-five of those arrested Saturday night were cited for extreme DUI, which means they had an average blood alcohol content (BAC) of .15 or above. The legal limit in Arizona is .08.
Since the task force started last weekend, 191 people have been arrested for extreme DUI.
The average BAC since the beginning of the campaign is .160, twice the legal limit.
Nearly 2,100 people have been cited for other violations such as speeding, not wearing a seatbelt and improper lane change.
Source
Sunday, November 15, 2009
DUI test requires warrant or consent
PHOENIX (AP) - A new Arizona court ruling says authorities must obtain a search warrant to conduct a blood test of a DUI suspect unless the suspect clearly consents to have blood drawn.
The state Court of Appeals ruled Tuesday that it wasn't enough under state law that a man apparently didn't object when officers moved to take a blood sample while in a police DUI van.
The court notes that the law in question is called ‘‘implied consent'' because drivers are subject to a civil driver's license suspension if they refuse to have blood drawn.
But the ruling says motorists clearly still have the right to withhold consent for a warrantless search.
The Court of Appeals sent the case back to a lower court for a finding on whether the man involved actually consented.
Source
The state Court of Appeals ruled Tuesday that it wasn't enough under state law that a man apparently didn't object when officers moved to take a blood sample while in a police DUI van.
The court notes that the law in question is called ‘‘implied consent'' because drivers are subject to a civil driver's license suspension if they refuse to have blood drawn.
But the ruling says motorists clearly still have the right to withhold consent for a warrantless search.
The Court of Appeals sent the case back to a lower court for a finding on whether the man involved actually consented.
Source
Wednesday, October 28, 2009
Arizona DUI task force update
Phoenix, AZ - As of early saturday morning the new Arizona DUI task force efforts that are scheduled to last through September 7, 2009 had netted 120 DUI arrests statewide.
Police agencies throughout Arizona, including Phoenix, Scottsdale and Tucson are participating in the efforts, which include DUI checkpoints and saturation patrols.
Throughout the state they made 700 stops. Of the 120 DUI arrests, there were 12 felony DUIs and 115 misdemeanors. There were also 13 minors arrested.
"This time of year police agencies in Arizona pool their resources towards DUI enforcement," said Arizona DUI lawyer Stewart Bergman, whose practice in Scottsdale focuses on defending people accused of DUI throughout the greater Phoenix area. "It is not unusual to see a Gilbert Police Officer patrolling in Scottsdale, or a Scottsdale Officer working in Glendale or Phoenix."
While the pooling of police resources makes it easier for law enforcement to concentrate on any given area in the state, it can create logistical problems.
"After a large task force event, you might see a DUI case charged in Scottsdale Municipal Court because the arrest was made there. But then you have a Gilbert Police Officer who made the stop and took a blood sample. Gilbert sends their blood samples to the Chandler Crime Lab for analysis. So you end up with a prosecutor's office like Scottsdale using Chandler and Gilbert city witnesses in the prosecution."
The logistical difficulties of getting several law enforcement agencies to cooperate and coordinate during a DUI prosecution can provide an advantage to the defense, especially when the DUI defense attorney is on top of the situation and make appropriate and frequent requests for discovery. Because of the administrative slowdowns, there is often times more opportunity to get favorable deals.
"It is never worth it to drink and then drive in Arizona," says Bergman, "because we see cases getting charged where the person is well under the legal limit."
Under Arizona DUI Law, the police can charge a person with being impaired to the slightest degree even if the person is well under the legal limit of 0.08 percent body alcohol concentration. And prosecutors are capable of getting convictions for DUI when the persons alcohol level is as low as a 0.06, or 75 percent of the legal limit.
"Task force events are about more than pure public safety," explained Bergman. "They are about numbers, and between and within some police departments, they may even be about competition. Because of this, even if you know you are okay to drive but have had drinks, if you can find another way to get home it is a cheap insurance plan against getting a DUI."
A first offense Arizona DUI can carry up to a minimum of 45 days in jail, depending on the alcohol level, and comes with loss of driving privileges, ignition interlock devices and heavy fines.
Source
Police agencies throughout Arizona, including Phoenix, Scottsdale and Tucson are participating in the efforts, which include DUI checkpoints and saturation patrols.
Throughout the state they made 700 stops. Of the 120 DUI arrests, there were 12 felony DUIs and 115 misdemeanors. There were also 13 minors arrested.
"This time of year police agencies in Arizona pool their resources towards DUI enforcement," said Arizona DUI lawyer Stewart Bergman, whose practice in Scottsdale focuses on defending people accused of DUI throughout the greater Phoenix area. "It is not unusual to see a Gilbert Police Officer patrolling in Scottsdale, or a Scottsdale Officer working in Glendale or Phoenix."
While the pooling of police resources makes it easier for law enforcement to concentrate on any given area in the state, it can create logistical problems.
"After a large task force event, you might see a DUI case charged in Scottsdale Municipal Court because the arrest was made there. But then you have a Gilbert Police Officer who made the stop and took a blood sample. Gilbert sends their blood samples to the Chandler Crime Lab for analysis. So you end up with a prosecutor's office like Scottsdale using Chandler and Gilbert city witnesses in the prosecution."
The logistical difficulties of getting several law enforcement agencies to cooperate and coordinate during a DUI prosecution can provide an advantage to the defense, especially when the DUI defense attorney is on top of the situation and make appropriate and frequent requests for discovery. Because of the administrative slowdowns, there is often times more opportunity to get favorable deals.
"It is never worth it to drink and then drive in Arizona," says Bergman, "because we see cases getting charged where the person is well under the legal limit."
Under Arizona DUI Law, the police can charge a person with being impaired to the slightest degree even if the person is well under the legal limit of 0.08 percent body alcohol concentration. And prosecutors are capable of getting convictions for DUI when the persons alcohol level is as low as a 0.06, or 75 percent of the legal limit.
"Task force events are about more than pure public safety," explained Bergman. "They are about numbers, and between and within some police departments, they may even be about competition. Because of this, even if you know you are okay to drive but have had drinks, if you can find another way to get home it is a cheap insurance plan against getting a DUI."
A first offense Arizona DUI can carry up to a minimum of 45 days in jail, depending on the alcohol level, and comes with loss of driving privileges, ignition interlock devices and heavy fines.
Source
Thursday, October 15, 2009
State Revs Up Labor Day DUI Task Force
PHOENIX -- This holiday weekend marks the final weekend of the two-week, statewide Arizona Labor Day DUI Task Force Campaign.
On Friday, some -- like Jessica Pearson -- sought to warn others of the dangers of driving under the influence.
Pearson was on the Memorial Union lawn at Arizona State University, telling the story of her brother, former Sun Devil Henry Pearson, and their good friend, former Angels pitcher Nick Adenhart. Both went to ASU, and both were killed in April when a minivan driven by 22-year-old Andrew Thomas Gallo, of Riverside, crashed into their vehicle.
Three people were killed in the accident in total, and police said the Gallo had a blood-alcohol level of .19 at the time of the crash. He has since pleaded not guilty to suspicion of drunken
driving, hit and run and manslaughter.
This holiday weekend, police agencies from all over the state are participating in DUI enforcement activities and will use high-visibility saturation patrols and checkpoints, and officers will actively seek drivers impaired by drugs or alcohol. Lakes and recreational areas, as well as arterial roadways, will also be monitored.
Luckily for most residents, Triple A is again offering their "Tipsy Tow" service starting Sunday evening and running through Monday night. Residents need only call 1-800-AAA-HELP for a free ride and a tow safely home.
There is also a new way to get home if you've had too much to drink. The Designated Drivers' program launched in the Valley today, and they offer free rides home from area bars. Bars just have to call the drivers to arrange the transit.
The program has been very successful since it was started in Las Vegas 10 years ago.
Source
On Friday, some -- like Jessica Pearson -- sought to warn others of the dangers of driving under the influence.
Pearson was on the Memorial Union lawn at Arizona State University, telling the story of her brother, former Sun Devil Henry Pearson, and their good friend, former Angels pitcher Nick Adenhart. Both went to ASU, and both were killed in April when a minivan driven by 22-year-old Andrew Thomas Gallo, of Riverside, crashed into their vehicle.
Three people were killed in the accident in total, and police said the Gallo had a blood-alcohol level of .19 at the time of the crash. He has since pleaded not guilty to suspicion of drunken
driving, hit and run and manslaughter.
This holiday weekend, police agencies from all over the state are participating in DUI enforcement activities and will use high-visibility saturation patrols and checkpoints, and officers will actively seek drivers impaired by drugs or alcohol. Lakes and recreational areas, as well as arterial roadways, will also be monitored.
Luckily for most residents, Triple A is again offering their "Tipsy Tow" service starting Sunday evening and running through Monday night. Residents need only call 1-800-AAA-HELP for a free ride and a tow safely home.
There is also a new way to get home if you've had too much to drink. The Designated Drivers' program launched in the Valley today, and they offer free rides home from area bars. Bars just have to call the drivers to arrange the transit.
The program has been very successful since it was started in Las Vegas 10 years ago.
Source
Monday, September 28, 2009
Phoenix DUI and assault charges after hit-and-run
Monday's hit-and-run accident in the Phoenix area has resulted in one arrest for DUI and aggravated assault.
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
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