Officer Adam Stoddard of the Maricopa County Sheriff’s Office has added contempt of court to his prior violation of attorney-client confidentiality. At the urging of his boss, Sheriff Joe Arpaio, Stoddard has refused to apologize to defense attorney Joanne Cuccia after he swiped handwritten notes from her papers — caught in the videotape above. Maricopa County Superior Court Judge Gary Donahoe ordered Stoddard to either apologize or report to jail — a remarkably light sentence. However, Arpaio encouraged his officer to go to jail — just the latest outrageous act by Arpaio who has been widely accused of acting more like a petty dictator than a police officer in Arizona.
Stoddard’s punishment was light in my view and he should have been barred from work in the courthouse or jail. Yet, he seems to believe that swiping confidential notes is a noble deed — a view clearly reinforced by his boss. On Monday he issued the following statement: “Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach. Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first. The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.”
The statement is nonsensical. Officers are allowed to flip through papers to see if there is contraband or weapons. They are not supposed to read confidential notes for their content or make copies of them. It is clear that the judges in the courthouse have allowed Arpaio and his officers too much discretion. This was an outrageous act and should not be countenanced by any judge on appeal. What is equally disturbing is the decision of county attorney Andrew Thomas to fight to defend such an outrage.
Just because Arpaio has declared that an appeal will be taken does not mean that prosecutors must follow his lead over a cliff. The prosecutors have a right to stand aside on principle and not fight to defend such conduct. They can decline and, if necessary, arrange for private counsel to represent the officer.
Stoddard self-surrendered to jail after a court order was issued. Arpaio was quick to the cameras and declared “[m]y officer will go to jail; we’ll appeal it, I’m very angry about this. . . . For political reasons, he was thrown to the wolves.”
Deputy county attorney Tom Liddy objected that the order stated that Cuccia had to be satisfied by the apology or the officer would face jail: “She’s going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That’s nuts. That’s absolutely nuts.” I agree. It is absolutely nuts that a simply apology would suffice for this violation. It is also absolutely nuts that Liddy and his boss Andrew Thomas have turned their back on the legal system and are defending such an outrageous abuse by the officer.
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Madness likes to attach itself to the arrogant these daze …
That poor defendant! See how meek he was speaking up at witnessing blatant abuse of his day in court. How long has that cop being pulling shocking stunts like that? The way he acted so nonchalant, it certainly can7t be his first time. This is the kind of guy you dread being pulled over by on some lonely road just when he’s feeling kinda bored and sore at his lot in life.
Blair’s vision policy for the UK put in 4 million cameras to keep the creep-eye on its own citizens. Right idea, wrong target. Cops have the power to wreck your life in 10 minutes if they get the urge. Every hour on duty should be monitored. As the authorities like to point out so grandly; if you do no wrong, you’ve got no worries, right?
What about his Boss? Shouldn’t the Sheriff go to jail for not ordering his employee to apologize?
rafflaw,
This is incredible to say the least. I think that you have a good point. Maybe the Judge should issue an arrest warrant for criminal conspiracy against the sheriff. Respondent/Superior, Mater/Servant.
Loyalty caused that little German to try and escape to England and he parachuted on down.
Ok, so say that he goes to jail. What is the punishment? Will he get out because of over crowding? Will be have to sleep as the rest of the inmates do? So many questions.
“The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.”
**************
I am told that he added –under his breath –”Now, violating people’s rights and intimidating justice, well … that’s ok with me.”
That Stoddard doesn’t recognize the seriousness of his offense tells me all I need to know about Stoddard and his defenders.
mespo,
I left this one out. I was thinking.
What mespo said. This guy and his boss need to be hung out to dry.
“if you do no wrong, you’ve got no worries, right?”
Hidflect,
I like your point and petard hoisting is to me the best punishment. I wonder though how readily access will be available to those video’s showing police in a bad light? We’ve had cases that JT has put up, which show LEO’s doing bad things and yet many times there is no justice offered. Remember Rodney King? The bottom line is that it is vital to any society’s freedom that LEO’s too are also accountable to justice. However,
collegiality, corruption, intimidation and fear often negate accountability. Part of the problem, as I see it, is that in most venues including the US & UK, the police are used by society’s elite to control the masses. Not being stupid officers know this and expect the same treatment that is given to the privileged, to be their right as a perk of the job. The knowledge of their true purpose, social control of the mass, also tends to make experienced officers cynical.
Nuts or normal American jurisprudence in 2009?
The rule of law is being dethroned in the U.S.A. on both the State and Federal levels.
The only justice that could come out of this incident is the initiation of dethroning Sheriff Arp’s firebrand style of law enforcement in Arizona.
I am a tough on crime, pro law enforcement kind of a guy; however, Arpaio stands with his full biased weight on one side of the scales of justice.
Oh, and Public Defender Cuccia is one hot attorney; however, I know nothing of her legal competency, just what I viewed on the News 15 video during her interview.
@ Mike S:
“collegiality, corruption, intimidation and fear often negate accountability”
You identify the greatest unfixable rot that isn’t reliably controllable in any organisation anywhere: the “band of brothers” culture that set their own internal ethics barometer. I moved a lot and so never got into the “join the crew” conviviality. Still now I don’t join associations or clubs (he stated with a slightly aloof pomposity, sorry) because I feel uncomfortably that loyalty and honesty are opposed concepts at all levels. Members of the same group are expected to “stand up for their member-brother” (aka lie to protect him in a pinch) and I’m squeamish about getting caught between the choice of failing “my side” who are counting on me or alternatively lying to favour and maintain a flawed ideal of solidarity.
In non-paramilitary/non-gungho branches of government I’ve seen internally in a few areas how the corruption issue has been finally benchmarked and quantified to be removed pretty well through honed Quality Management practices developed after case review-after-review. Now we have very effective, Government certified procedures that are a virtual “how to” in prevention setting out specific and effective policy controls, protocols, China Walls between departments, etc. etc.
The Oz government (again – just the non-police part) is, in my 10 years experience there, 100% corruption free as far as I even heard, all the way up to at least the elected official level. They rigorously instituted TQM policy in the ’80′s and it worked. But Ozzie cops? I’ve had troubles. They’re decent by default but all on THEIR terms and seem “cocked” to go off when you “irk” one like I did (no crime)but I was thrown in a cell overnight (never charged) in Perth W.A. for (I guess) telling the cop he was a public servant, yada yada when asked to present ID for no reason. Pushed out the back door (since I was never formally logged in) the next morning with a finger-wagging and a warning (I quote)” Not to be such a bloody Dinga-Ling in the future, awright?”. Luckily too scared to laugh at “Dinga-Ling”. These guys have a culture that set solid sometime in 1953.
O/T – I was surprised when I heard the first effective bureaucracy control of corruption was China. Ironic when you see their standards today. I misunderstood for years thinking that the “China Wall” referred to in financial companies was just a fanciful metaphor referencing the Great Wall of China to portray an image of some internal conflict division. Only about 5 years ago I discovered it referenced the actual system and division of The Emperor’s Palace’s civil servants to ensure internal corruption control. Smart cookies. They had it worked out 500 years ago and then forgot it completely again.
Aren’t papers explicitly protected by the 4th amendment’s ban on unreasonable searches? This should be a no brainer.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Oh look, there it is.
I’m amazed that when the Sherrif said, “For political reasons, he was thrown to the wolves,” he didn’t go for the trifecta of BS: blame “the media” (in front of the cameras, of course) and blame “outsiders fer stirrin’ up trouble.”
This is just good viewing. Arpaio getting heckled and not liking it very much.
http://www.huffingtonpost.com/2009/12/01/joe-arpaio-forced-out-of_n_375404.html
if you dont mind i’ve got a question…I’m not a lawyer…i’ve only been in a courtroom a few times as a jurior or with business dealings and most of the stuff I have ever seen was on tv programs….I was shocked by the judge in this case…I always thought judges were the kings or queens of their courtrooms…this person seemed milktoast at best and maybe thats a compliment…I mean conservative or liberal or middle of the road judges…to allow something like that to happen in there courtrooms I would have expected at least some degree of anger…am I wrong? maybe what we witnessed in that vid is the norm…just asking?
Buddha,
That was indeed incredible….
BiL,
That could not have happened to a more deserving piece of shit.
“Still now I don’t join associations or clubs”
Hidflect,
I have a good idea of how you feel and feel that way myself. I feel that way about mass demonstrations in good causes. While I participated in many Peace and Civil Rights marches, union picket lines and other demonstrations in the 60′s, I always felt uncomfortable doing it. I don’t like other people, or groups determining my actions/reactions to a given issue.
Your point about what we in America call civil service is apt. I was a civil servant for New York City for 32 years, many as an execeutive and I felt I owed my allegiance to the people I served and the rules of operation, rather than the political hacks that came in and out of power. When I became an Exec there was pressure to play the game, but I always let my conscience be my guide, sometimes to my detriment. Politicians hate the bureaucracy because it is difficult to manipulate it into doing their bidding. Their “bidding” is often that of expedience, rather than correctness. While we know of corrupt bureacracies from history and today, in country’s with good civil bureacracies there is much benefit.
Now as you pointed out when it comes to law enforcement it is a different mindset. Us vs. Them. This mindset is encouraged from the outside by demagogues and from the inside by a feeling of disconnect from the ordinary citizen. While many go into police work for the best of motives, some are attracted by the potential power of it. Those few are unfortunately the ones who influence the new generations of LEO’s entering the ranks and are also the ones who rise in the bureaucracy.
Ad to this that while many politicians make a point of praising police bravery on duty, they don’t back it up with good wages or working conditions. This enhances the feeling of isolation.
I don’t think the singing had any place at that venue, why not let the man answer questions?
The questions probably would not have been milquetoast and he would have had to explain why he does what he does. And he might have been exposed as a corrupt fool, all that did was make him a sympathetic instead of pathetic figure.
The french cuffs are looking more and more plausible. Governor Joe, WTF?
But is the Deputy actually in a cell?
http://www.abajournal.com/news/article/deputy_who_took_pds_document_is_in_jail_but_is_he_in_a_cell
Arpaio and his crew are criminals with badges.
http://www.abajournal.com/news/article/nearly_20_court_deputies_call_in_sick_bomb_threat_forces_courthouse_evacuat
They’ve even staged some blue-flu. All so their boy could get away with violating somebody’s Constitutional Rights.
I want to know why the FBI hasn’t picked The Arpaio Gang up yet. It’s not like we don’t know where they are ala Bin Laden.
“Liddy did say that Stoddard wasn’t being forced to wear pink underwear or use pink towels like other county inmates.”
_________________________________
The Sick call in. The perfect example of double standard LE.
Buddha, thanks for the updates.
The sheriff and his buddy the county prosecutor have decided to go all-in, filing criminal charges against the judge. I predict we’ll have one former sheriff and one disbarred prosecutor in the near future…
http://tpmmuckraker.talkingpointsmemo.com/2009/12/for_a_while_now_theres.php
Wow.
Arpaio’s going toward critical mass.
Thanks for the update, Alan.
Next on “When Crooked Corrupt Out Of Control Cops Attack”, it’s Arpaio on the offensive offensive . . .
http://www.huffingtonpost.com/dawn-teo/sheriff-arpaio-indicts-po_b_385086.html
Trying to indict opponents and use his powers of office for personal ends.
FBI!
Why isn’t this clown in cuffs yet?
So whats your problem with a sheriff like this Buddha, I am more afraid of the folks in the bayou band and the owner of Gino’s in Chicago. Wussy. lol
Wow! Maricopa Country has a lot of poop hitting a lot of fans:
http://www.huffingtonpost.com/dawn-teo/sheriff-arpaio-indicts-po_b_385086.html
It sounds like prosecutor Thomas is Sheriff Arpaio’s pet, and is more than happy to spew endless (dubious sounding) indictments against any politician (regardless of party affiliation) who would stand up to the Sheriff. The litany of arrests and charges against political opponents of the Sheriff sounds more like news from the politically corrupt 3rd world than somewhere in the US. Stunning.
And the article discusses things like the FBI and DOJ investigating the Sherrif, and really crazy stuff like a judge having to block the execution of a search warrant on her home and chambers.
The HuffPo article says that in retaliation for this deputy being slapped on the wrist by Judge Donahoe, the courts were disrupted by a deputy “sick out” and evacuation of the building because of a supposed “bomb scare.” And in the most blatant act of retaliation against Judge Donahoe, prosecutor Thomas is using some very creative ideas about “indirect benefits” to indict the judge on bribery charges. This situation is seriously out of control.
Latest development: Sheriff Arpaio sent deputies to interview the judge’s assistants in their homes
http://tpmmuckraker.talkingpointsmemo.com/2009/12/pure_intimidation_arpaio_deputies_question_judges.php