Yellow Sheet verifies botched prosecution job by Goddard of dealer who provided guns to drug cartels

We’d like to thank the Yellow Sheet for doing the legwork following up on our prior post about Democrat Attorney General Goddard fumbling the prosecution of a gun dealer who provided weapons to Mexican drug cartels. Here are parts of the Yellow Sheet article explaining how Goddard (who is soft on illegal immigration and has a history of carrying water for Napolitano on the issue) screwed up the case (we cannot reproduce the entire article without violating copyright, and the Yellow Sheet is a subscription-only website)

Maricopa Superior Court Judge Robert Gottsfield found that although several “straw” purchasers lied on ATF gun-buying forms, the offense did not amount to a “material misrepresentation” needed to prosecute under state fraudulent schemes law.

The buyers in question did lie, but they were still legal purchasers and the state provided “no proof whatsoever that any prohibited possessor ended up with the firearms,” wrote Gottsfield.

Ain’t over ‘til it’s over: Goddard spokeswoman Anne Hilby did not return calls for comment, but Goddard did tell the New York Times the ruling confused him, and his office is “still trying to make sense of it.”

“We believe it was an error, and we are going to do everything we can in the system to correct that error,” Goddard, said in an interview Thursday. “It’s not over by any means.”

Mel McDonald, a defense attorney who spent seven years as a Maricopa County Superior Court judge, said he could not comment specifically to the case, but, granted Rule 20 motions that lead to dismissals (as in the case of Iknadosian) usually mean a case is dead and cannot be prosecuted again if a jury was already empanelled.


Comments

  1. legal eagle says

    Any prosecutor worth his salt knows the state may not appeal a directed verdict. No matter how bad the judge’s ruling may be, there’s a little thing called Double Jeopardy that most lawyers learn about in law school that prevents another trial. Maybe that’s what Goddard is still trying to make sense of – basic legal principles.

  2. So it’s Goddard’s fault that the judge did not accept lying on an ATF form as misrepresentation?

  3. Godless will not beat Brewer.

    Neither will Phil “Amnesty” Gordon

  4. Read the article and still, how was the job botched? Because the case was lost? Some you win, some you lose. In fact, whole lotta wins.

  5. District 11 says

    this never should have been prosecuted and was not a slam dunk. Goddard is an idiot for malicious prosecution that he was called on. It looks like the gun store owner did nothing wrong except sell guns legally, and unluckily attracted scum who would resell the guns to cartels.

  6. One of the kids, who I personally hired an attorney for, was paid $50 per form he signed. George ( the owner ), just kept telling him its okay and all legal, just sign the form and take the cash. He told him it was a way to sell to people the ATF had wrongfully accused and no one would know the better. This landed the kid in jail for 10 days and grilling by ATF and Phoenix Police and the FBI.

  7. legal eagle says

    Don’t miss the point. It’s not that Goddard’s people did not earn a conviction. It’s that Goddard doesn’t understand the basic principle that the State cannot appeal a directed verdict. That is just about as basic for prosecutors as the fact that a defendant has a right to a jury trial. This joker is supposed to be the state’s attorney and he doesn’t know this? What a clown.

  8. It's the liberal judge says

    Sounds like the judge waited until after the jury was empaneled before ruling on a critical motion so that the case couldn’t be refiled. Wouldn’t surprise me if that was the case because Robert Gottsfield is probably the most liberal judge on the bench (and that’s saying a lot).

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