Fri 18 Dec 2009
Reasonable article in Republic on Supervisors stonewalling criminal prosecution
Posted by Chewie Shofir under County Government , Crime and Punishment , Ethics[15] Comments
Unlike some of the Republic’s recent editorials hysterically denouncing any criminal prosecution of Supervisors Wilcox and Stapley (for no real reason other than the editorial board’s intense dislike of the principled conservatives Arpaio and Thomas), this article by columnist Laurie Roberts actually has a semblance of fairness.
While we’re all laughing, Joe/Andy may be onto something
Taking swipes at Sheriff Joe and his sidekick Andy Thomas has become standard operating procedure here in the greatest show on Earth, a k a Maricopa County.
Today it was Polsinelli Shugart’s turn. The law firm, which employs Tom Irvine and Ed Novak, filed a motion today in federal court, asking that they be dismissed from the civil racketeering lawsuit filed earlier this month by Apaio and Thomas. It may as well have come with a laugh track, labeling the suit Joe/Andy’s thermonuclear device and a dud at that.
Basically, the law firm says that Joe/Andy lack standing to file such a suit in federal court and didn’t supply any facts to demonstrate that they’ve been harmed.
“They appear to have devoted far more thought and attention to the press release they issued when they filed this action than they did to their pleading,” the motion says, calling it “inconceivable” that the top two law enforcement officers in the county could be unaware of the “host of fatal defects” in their complaint.
Ouch.
Not being a lawyer, I have no idea whether they are right or not. That’s up to a federal judge.
I do, however, think that in between the circus acts — and there have been a bunch of them – Thomas/Arpaio have raised some legitimate questions that should be answered. One of them involves county officials’ move to block Thomas from investigating their $340 million courthouse tower, on grounds that he had a conflict of interest.
It’s reasonable to wonder why Irvine, his partner Ed Novak and their law firm, Polsinelli Shughart, have collected nearly $1.2 million from the cash-strapped county over the past year or so to analyze designs and go to construction meetings about the courthouse.
It’s also reasonable to ask why Irvine, as the county’s lawyer on the project, was able to go to another of his own clients, Superior Court Judge Gary Donahoe, to stop Thomas from looking into why he got such a lucrative contract. And why Donahoe would have even considered the request let alone acted to disqualify Thomas, given Irvine’s role as the Superior Court’s attorney in this matter.
Since when can you go to your own guy to stop an investigation into your own contract?
Talk about your conflicts of interest.
There are other questions that should be answered as well. There is the indictment alleging that Mary Rose Wilcox voted to give county money to Chicanos Por La Causa without disclosing that an arm of the non profit had loaned her and her husband more than $150,000 for their restaurant. I don’t know if that’s a criminal act. But it’s awfully cozy and it should raise eyebrows.
Then there is the latest indictment of Don Stapley, alleging among other things that he used campaign funds intended to get him elected as president of the National Association of Counties to buy himself some hair plugs, massages and a ski trip, among other niceties. The indictment also charges that he claimed an annual income of $15,000 from a land deal when he went to get a loan but somehow failed to mention the $15k on his tax return.
Bottom line: Joe/Andy have raised some legitimate questions. The problem is, they’ve let loose with so much smoke over the last year that’s it’s difficult to see the fire that very well may exist.
December 18th, 2009 at 10:48 am
It irritates me that the list of crooked dealings by Supervisors Wilcox and Stapley continues to mount, but the Republic (other than Laurie Roberts, who actually seems rather fair) acts like the Supervisors’ personal press secretaries defending them. Whatever happened to calling a spade a spade? Can ANYONE other than the Republic defend this kind of behavior?
Stapley allegedly spent $6000 of these funds at Bang and Olufson electronics, along with $1300 for hair implants, $400 for candle holders and $10,000 for furniture for his home. He also spent these funds, solicited as campaign money, to buy tickets to Broadway plays and movie theatres, flowers, grocery store bills, massages, department stores and trips for his family to Sundance, Utah to ski, a trip for his son and friends to Florida and a three-week vacation in Hawaii for his entire family at a beach house costing approximately $11,000.
December 18th, 2009 at 1:53 pm
What editorials in the Republic? No one reads that paper anymore, it went downhill in 2001 when Keven Willey took over as editor and is now so far tilted left no one takes it seriously anymore. I don’t know any conservatives who subscribe to it anymore. Don’t waste your time worrying about empty-headed editorials that no one is reading. They’re just helping destroy the newspaper faster. Soon they’ll be out of business
December 18th, 2009 at 2:14 pm
Frank, the point of it all is that it’s questionable behavior but not illegal by any sense.
December 18th, 2009 at 3:02 pm
Sean, explain to me how raising money for your campaign account – telling your friends that is why you want money from them – then spending it on massages and fancy trips instead, is not a crime? If it’s not a crime, there would be a lot more people doing it! I’m no attorney but even I can spot fraud.
December 18th, 2009 at 3:40 pm
Frank, what crime would it be? Your friends cut you a check voluntarily.
Notice how when they refer to the charges they call it campaign finance violations. What campaign finance laws were broken?
Agree with it or not, Thomas and Arpaio are FAR away from principled conservatives. Principled conservatives don’t waste millions of taxpayer dollars.
December 18th, 2009 at 4:14 pm
Sean, I am genuinely confused. Arpaio and Thomas are *doing their jobs* by prosecuting two sleazy public officials who have gotten away with white collar corruption for years. Those two officials are doing everything in their power to impede the prosecution, paying exorbitant amounts to their outside counsel Tom Irvine and other big name law firms in town to conjure up every possible excuse in the book. That is why this is getting expensive, Arpaio and Thomas aren’t going to let them off the hook just because they’re wealthy white collar crooks who can afford the best attorneys our tax dollars can buy. If the choice is prosecuting the wealthy connected bad guys, or saving money by letting just the wealthy connected bad guys off the hook, I vote for prosecuting them every time. There is a double standard when it comes to white collar crime and it’s about time someone stands up to these rich arrogant elitists. When this is all over and done, the supervisors should be required to reimburse the taxpayers for all the expensive stonewalling they’ve done.
As for your dismissal of the campaign fraud, are you serious? You think it’s perfectly ok to raise money from your friends telling them it’s for a political campaign, but then you go spend it on pampering yourself? For doing that, Stapley was indicted on Stapley has been indicted on 2 counts of fraudulent schemes and artifices, 19 counts of theft, and 2 counts each of perjury, forgery and false swearing. Are you still maintaining no crime was done?
December 18th, 2009 at 4:25 pm
Frank, ignore “Sean.” I always recognize his writing, whether he posts as “Roger” or “Jason” or some other moniker. It’s Chuck Coughlin’s boy Paul Bentz from High Ground. High Ground works with Stapley, Stapley funnels their clients contracts from the county. And check out the connection our favorite newspaper the Phoenix New Times recently discovered between the two – http://blogs.phoenixnewtimes.com/valleyfever/2009/11/chuck_coughlin_governor_brewer.php
Stapley could steal a trillion dollars from the taxpayers in broad daylight and Bentz would continue blindly blogging in defense of him.
December 18th, 2009 at 4:56 pm
This prosecution seems motivated on personal grudges. If Andy Thomas is bent on prosecuting crimes by elected officials, why hasn’t charges been filed against Joe Arpaio?
Don Stapley’s attorney produced in Court documents credible evidence that Joe Arpio’s disclosure forms included the same type of omissions that got Stapley indicted this first time. From what I can tell, the information produced by Don Stapley’s attorney was dismissed out-of-hand and no investigation of Arpaio was conducted.
December 18th, 2009 at 5:40 pm
Folks, remember in saner days what would typically happen in cases where a law enforcement official would have reason to investigate a colleague within the same government body — the case would get referred out to a competent agency without all the entanglements, which would evaluate the evidence on its merits without having to be concerned about accusations of conflicts of interest.
That’s what’s missing here — any confidence that the evidence that may be uncovered isn’t being cooked up by the sheriff and county attorney because of all the political feuds. I don’t know whether Wilcox and Stapley or crooks or not. Unfortunately, the way Arpaio and Thomas are proceeding, I’m not going to know any better a year from now.
For gosh sakes, get a top-notch retired judge or prosecuter without any dog in the fight to take this over and restore some confidence in the process.
December 18th, 2009 at 6:25 pm
This is easy folks. until Thomas prosecutes Arpaio for the same crimes as allegedly committed by Stapley there is no credibility.
December 18th, 2009 at 6:29 pm
WoW!!! A fair article from the repulsive is news. An extremely rare event and no doubt why they are failing. What isn’t rare is the fact Polsinelli Shugart filed a laughable brief. They are the one that give the Scottsdale Chamber the election advise that got them sued to the point of bankruptcy. No real loss, but Polsinelli Shugart make money off the conflict that results from what looks like bad advise. The fact the stupidvisors paid them so much for so little warrants an investigation itself. Oh wait the won’t allow anyone to investigate them.
December 18th, 2009 at 6:48 pm
Hey, chewie man! You are right as rain! There is a LOT of smoke raised by Messers Arpaio and Thomas because there has been a LOT of lying, cheating, double-dealing, and swindling, (dare I say PERJURY?) by Mr. Stapley and to a great degree by Ms Wilcox. Yes, Chewie, our Sheriff and County Attorney have been doing something the Board of Supervisors have not–doing their duty as an elected officials!! We need to THANK THEM, not question why they are going after the “bad guys” (and girls!). It must seem strange for some people to think that our Sheriff and County Attorney, working together, are actually going to investigate, indict, and hopefully convict some of the highest elected officials in our county. Having lived here less than a decade, I extremely satisfied to see justice in action.
What could I say to Sheriff Arpaio and Attorney Thomas? KEEP UP THE GOOD WORK!! There is a lot more corruption to identify and proscecute–don’t stop until the job is done. We are behind you and we support you 100%. Keep doing what you are doing and you will become two of the true Heroes of Arizona!
December 19th, 2009 at 8:09 am
Once upon a time, movies were in black and white, and so was the character of the characters on the silver screen. Evil was bad, and virtue was good. The distinctions were clear, and we always cheered the good guys.
What has happened to us? The sheriff tries to enforce the law. The county attorney tries to prosecute the perps, and many on the sidelines throw brickbats at our heroes while siding with the suspects.
Maybe we need to bring back black and white movies so we can return to moral clarity. The sheriff is on the side of the people, and so is the county attorney. One has to wonder about the people aligned against them/us. Maybe more folks need to wear pink underwear.
December 19th, 2009 at 9:18 am
When elected officials care more about their constituents than themselves, they conducts their duties professionally and without the appearance of impropriety.
That means you don’t solicit campaign funds for personal use and you don’t conduct serious public business like a circus ringmaster.
I’m not impressed with either side or their cheerleaders and apologists.
December 19th, 2009 at 9:25 am
This scenario has been played before
For those of you new to the area, Maricopa County’s politics has been dominated by conflicting interests for decades.
This particular disease affects not only the B.O.S. but town and city councils along with state legislative seats from County Districts.
From time to time, a roto rooter has to be employed to clean up the cesspools and this time it’s Joe and Andy’s turn to drain the swamps, as Doug Todd exposed B.O.S. malfeasance two decades ago and Rick Romley took out a good segment of the Barr crowd in the legislature via his AZCAM sting.
Kudos to Andy and Joe!