Document-Swiping Deputy Drama Continues in Maricopa County

[Seenterman]

Document-Swiping Deputy Drama Continues

When last we left the standoff in Maricopa County, Arizona, Superior Court Judge Gary Donahoe had given Dep. Adam Stoddard a deadline by which  to apologize for  swiping documents from a defense attorney’s file in open court last month. Maricopa County Sheriff Joe Arpaio vowed that Stoddard would not apologize. Stoddard then called a press conference Monday night in which he essentially thumbed his nose at Donahoe and continued to defend his breech of attorney-client privilege.

And since then? Yes, it’s gotten even crazier.

http://www.theagitator.com/2009/12/03/document-swiping-deputy-drama-continues/

So basically a court officer swipes an attorneys legal documents during a court preceding violating attorney client privilege, Attorney's client has to say something (even though the Judge has a clear view the whole time), Judge reprimands deputy and orders him to hold a press conference to apologize, Deputy hold press conference to say he's not apologizing and the the poop really starts to fly.

Deputy surrender to jail ahead of his midnight deadline to apologize. But when he shows up, the jail refused to book him, citing a “clerical error" but the deputy insisted on spending the night in jail anyway. 

Sheriff Joe Arpaio announced he has filed a federal lawsuit against the county and its judges, alleging a “widespread conspiracy” against Arpaio and his officers.

The day after Stoddard spent a night in jail, 19 sheriff’s deputies scheduled to work security at the courthouse called in sick, throwing the day’s court proceedings into disarray. The building also had to be evacuated after a phone-in bomb threat.

What the heck is going on in Maricopa County? A court officer blatantly violates attorney client privilege, the Judge refuses to actually reprimand the officer essentially giving him a slap on the wrist , even though this "ruling" may not be within the scope of the judges power and illegal. Then 19 deputies scheduled to work security at the court house "call in sick" the day after this deputy spends a night in jail. I'd also love to know the outcome of the investigation on who called in that bomb threat.

Anyone really think 19 deputies all got sick or that this is actually in retaliation for reprimanding Deputy Stoddard.
What type of precedent does this set for law enforcement in that county? Reprimand one of us for doing something illegal and we'll stop serving the community? Great.
Opinions or comments on this insanity?

 

[Tallpine]

Reprimand one of us for doing something illegal and we'll stop serving the community?

Is that a promise?   

[AJ Dual]

I guess I'd have to make up my mind about the "swiping" to see what happened, if this is clear malfeasance or some kind of accident.

I can't see the YouTube right now.

Yeah, it's a breach of court ethics, procedures, attorney-client privilege. But what exactly was he doing with the papers? Deputies/Bailiffs are used to move papers and evidence around courtrooms all the time. Did he grab the wrong thing w/o ill intent, and the defense attorney just jumped on it in hopes of a mistrial? And Arpaio is indeed enough of a controversial figure to see some liberal judge using this as an opportunity to stir things up, and that could explain his refusal to give an apology.

Did he take it to try and hinder the defendant's case?

Was he going to give it to the press, or the prosecution?

If what he did was that serious, why was an apology sufficient in the first place? Shouldn't he have just been disciplined or thrown in jail ASAP?

I guess I have a lot of questions only hearing about this from the above mentioned ZOMG! Social Agitator for JUSTICE type of blogger...

[Brad Johnson]

Methinks there's a lot more to the story... like maybe a put-upon attorney or defendant who've ginned up a set of "stolen documents" that weren't.

Brad

[makattak]

Methinks there's a lot more to the story... like maybe a put-upon attorney or defendant who've ginned up a set of "stolen documents" that weren't.

Brad

Look at the video for yourself:

http://reason.com/blog/2009/11/03/welcome-to-marikafka-county-ar

[AJ Dual]

Finally got it to work and saw the vid, he was just poking through for no good reason. He should be disciplined.

Don't know what to say about the rest of the drama. 

I'm more  at the wisdom of the deputy to just do it right in front of the judge and the video cameras and everyone... WTH?  That's why I was suspicious the deputy was getting railroaded somehow. I couldn't believe it was that blatant.

[RevDisk]

Look at the video for yourself:

http://reason.com/blog/2009/11/03/welcome-to-marikafka-county-ar

Unless the video is faked, and it does not appear to be at first glance, the deputy read defense papers and took one of them.  IANAL, but I believe that's not kosher.

Apparently, Sheriff Arpaio is quite popular with the voters and he has not been convicted of any illegal behavior.  That said, I'd definitely prefer not to live within his jurisdiction, even though I have never knowingly committed a serious misdemeanor or felony on US soil.  All I've ever gotten was a single speeding ticket, from an area known for their speed traps and questionable practices.  I would not prefer to live near a LE organization with as much drama or high viability. 

The intentional disruption of court by coordinated behavior is an indicator that problems may not just be with one deputy.

[Balog]

I generally supported the Sheriff when I lived in AZ because of his tough stance on illegals. But this... just not right.

[Marnoot]

All I've ever gotten was a single speeding ticket, from an area known for their speed traps and questionable practices.  I would not prefer to live near a LE organization with as much drama or high viability.

My  last speeding ticket was two tickets from just such an area, and in the jurisdiction of the stated LE organization. Scottsdale, AZ. Got two speeding tickets within a 1/4-mile of each other from two different speed cameras on the freeway, on the way to my wedding. I was considering fighting the fact that I got two identical tickets for one violation until I read up on the courts in the area.

Read one story of someone who got a ticket for a car they didn't own, and who obviously was not the person shown driving in the picture. The local court ruled they had to pay anyway; the person had to appeal to the superior court to get it overturned. Since I live 700 miles from the courts, I decided there wasn't any way I'd be able to fight it, and chances of success didn't look too good anyway.

On topic, I think Sheriff Joe is getting a bit out of hand. I liked him for not taking crap from the feds, but if he's encouraging his deputies to do stuff like this. . . :(

[cassandra and sara's daddy]

oh its just one of joes boys  and the apple doesn't fall far from the tree.  the second deputy gets gigged too.  both of them crossed the line and if they weren't smart enough to know it that too is a problem

[cassandra and sara's daddy]

why the judge didn't immediately order the deputy to return the documents boggles my mind.

[grampster]

In watching the video, my first impression is that the deputy is an awfuly slow reader.  
So I rewind and watch again.  His demeanor immedietely before he walks up to the file and as he walks up from where he originally was standing, gives one the impression that he is on a mission.  He contemplates something, then moves.  Gave me the notion that he had a reason for sauntering up there.  Then he looks at the file for a long time.  What is he looking at?  It's a blank folder it appears.  He appears to me to be thinking and maybe building up the nerve to look at something.  Acting nonchalant, he finally pulls out a paper about 1/4 free of the file and appears to read that.  He reads for a period of time longer than it would take to read it, as it's only about 1/4 out of the file.  Again, trying to give the impression he is being nonchalant.  Finally he motions for the other deputy to come over.  He quietly tells the other deputy something.  It is not a short conversation given the circumstances.  Then he snags the paper, hands it off and they both walk away.  He nods at the defense attorney as he leaves.

I think there is more to this that meets the eye for whatever the reason.  The deputy was on a mission and he was successful in finding whatever he was looking for.  This was a planned thing.

[Hawkmoon]

why the judge didn't immediately order the deputy to return the documents boggles my mind.

DING!

Go to the head of the class. The judge should have immediately ordered the return of the document, and found both deputies in contemp of court.

[Brad Johnson]

Like I said... there's something else going on.

Brad

[cassandra and sara's daddy]

i think joe and the disciples have lost their mind. are they gonna burn the courthouse next and usre it to catapult him to power?  i think there oughta be at least 19 job openings in the dept.  no union there is there?

[French G.]

Well it could be like the place my dad moved into. Sheriffs are very often populist grandstanders and there are a few real bad eggs out there.

Former Henry County Sheriff Frank Cassell, who ended more than 50 years of law enforcement leading a department where officers dealt drugs and stole evidence, will be the first to be sentenced as the corruption scandal's end game begins next week in federal court.

http://www.roanoke.com/news/special/wb/131166

[AZRedhawk44]

I normally side with Joe and his boys on most stuff... but this one stinks to high heaven.  Heard about it yesterday, and I am appalled by it.