Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger
If you ever wondered why the Justice Department is investigating the office of Maricopa, Arizona Sheriff Joe Arpaio, this latest story may be all you need to read. Recently, the Maricopa Sheriff’s office arrested and detained Briseira Torres and alleged that she was an illegal alien. Why is this one arrest such an important story? The short answer is that Sheriff Joe’s office and possibly the Prosecuting attorney ignored the most credible exculpatory evidence that was already in their possession. Briseira’s long form Birth Certificate, attested to by the State of Arizona as accurate, was left out of the record provided to the Grand Jury!
“In the pile of paperwork they provided to the court, to the prosecutor, and to U.S. Immigration and Customs Enforcement was a silver bullet: a sworn statement from Arizona’s Office of Vital Records attesting to the legitimacy of documents on file for Torres. Among these docs is Torres’ birth certificate, showing she was born August 14, 1981, in Avondale. Salvatierra asked the court to remand the case back to the grand jury. Judge Carolyn Passamonte did just this, noting in her minute entry that Torres’ long-form birth certificate was “clearly exculpatory evidence that should have been presented to the grand jury.” The judge remarked that the documents on file with Vital Records had been “available to the state,” and in oral arguments, the prosecutor had to admit that he’d never bothered to pull the file and inspect it.
More troubling still was Passamonte’s observation that the MCAO’s lone witness, Detective Chris Oberly of the Arizona Department of Transportation’s Office of the Inspector General, told the grand jury this: In 1999, Vital Records discovered that Torres’ birth certificate, in his words, had been “falsely created” by Torres’ mother and so the department “canceled it.” This was not true, according to Vital Records. Torres’ birth certificate never was canceled and remains as valid as the day it was issued. ” Crooks and Liars
Detective Oberly may have a serious criminal problem staring him in the face due to his false statements to the Grand Jury. Of course, this is Maricopa County, Arizona and Sheriff Joe may not agree that lying to a Grand Jury by one of his detectives is a criminal act.
What really upsets me is the action or inaction of the Prosecutor who failed to even look at the file that would prove that Ms. Torres was indeed a legal citizen of the United States and the State of Arizona. The alleged perjury by a detective in the Sheriff’s office and the negligence of the Prosecutor resulted in Ms. Torres being locked up for 4 1/2 months! Because of these illegal and immoral acts by Maricopa County officials, Ms. Torres lost her home and her car since she was unable to work and make her payments during her illegal incarceration.
Sheriff Arpaio is currently under investigation by the Justice Department for alleged numerous violations of the constitutional rights of Latinos. Think Progress Sheriff Arpaio is also currently fighting a recent class action lawsuit alleging that his office was involved in racial profiling. Sheriff Joe With these investigations and lawsuits, one may think that there may be trouble in his office. Sheriff Joe, the former Arizona chair during Gov. Romney’s 2008 run for President, is also a died in the wool backer of the far right Birther movement. Birther Will Sheriff Arpaio believe any State’s birth records if he won’t believe his own State’s records certifying a valid long form birth certificate?
I am surprised that the residents of Maricopa County are not upset at the legal costs of defending their Sheriff’s allegedly illegal activities. This time the illegal actions of his office have cost a legal citizen dearly and presumably will cost the citizens of Maricopa county dearly. When will this far right bigot be forced out of office? Is anyone in Arizona listening? Stay tuned.
shano 1, August 19, 2012 at 10:14 pm
Matt J. it took them 4 years to do so.
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I’m usually asleep by now, but I will reply to you because you don’t know how to speak with specificity. What are you talking about, and why did it take four years?
Matt J. it took them 4 years to do so.
Greenwave said:
Why do you tell lies in an attempt to smear President Obama? Or are you just ignorant?
President Obama has been, in general, much more transparent regarding his past than any of his predecessors (and and he’s produced an unprecedented level of verification supporting his birth in Hawai’i.
details of his past
He’s written two books about himself—name another president about whom as much was known regarding his past before he took office. You can’t.
college diplomas
I think you mean transcripts (Columbia and Harvard have both confirmed he graduated, so there is no need to see diplomas). No president or presidential candidate has released college transcripts (President Bush [the younger] had his transcripts leaked by opponents, he didn’t release them himself. Why does President Obama need to meet a higher standard than any candidate before him did? Could it be because you are a hypocrite?
his original birth certificate
An image of a certified copy of his birth certificate was released before the first birther case was a gleam in Phil Berg’s eye. Since then, both the COLB and the LFBC have been repeatedly verified by officials from the Hawai’i Department of Health (under administrations of both parties)—including officials of at least two states (Arizona and Mississippi) who have been officially told it is legit. Not to mention 5 (I think) court cases which have ruled that President Obama is a Natural born citizen. Again, the fact that no previous president has been asked to prove their location of birth shows what an Obama-hating hypocrites you and all of the other birthers are.
he forfeited his law license in Illinois
Another lie by you. He let his law license go inactive—as many lawyers who are not practicing do to avoid fees and continuing education requirements. I’m sure that the many lawyers on this blog could confirm that this is common practice—which makes your comment nothing but a lie intended to smear President Obama.
I’ve got a question for you: Why do you hate President Obama enough to repeat baseless lies about him?
The girl told a school counselor in 2007 that she had been molested by an uncle. Sheriff’s deputies were called and took the girl for a physical examination. It showed no physical signs of abuse, but a state police lab report came back positive for semen two months later and deputies were advised to get a DNA sample from the suspect.
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Good idea.
shano 1, August 19, 2012 at 4:37 pm
Matt, I do a lot of business in Italy. they are a highly sophisticated people who have a very high quality of living. the food is better than the US, no doubt about it.
Like Greenwave, you fall for the radical righ propaganda about Obama. You know, most would respect you more if you did not continue to harp on lies and the lying liars who tell them, like Joe Arpaio.
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I don’t like Joe Arpaio. Do you want to wear pink panties? Check in.
greenwave,
if you would actually read you might know the answers to your pressing questions. Any attorney in Illinois can voluntarily forefeit their license when they are not practicing law anymore. It allows them to reinstate it at a later date. The State did not take his or Michelle’s licenses.
He has shown his full long form birth certificate. Just ask the State of Arizona. His college papers are not an issue. I know of no president that has turned over his college transcripts. Find me Bush’s transcripts and Reagan’s and I will write a letter asking for Obama’s college papers. However, I bet Obama would turn over his college papers if Mitt turns over his tax returns! By the way, why aren’t you calling for Mitt and Ryan to turn over their college transcripts? Hmmmm??
Matt, I do a lot of business in Italy. they are a highly sophisticated people who have a very high quality of living. the food is better than the US, no doubt about it.
Like Greenwave, you fall for the radical righ propaganda about Obama. You know, most would respect you more if you did not continue to harp on lies and the lying liars who tell them, like Joe Arpaio.
the only reason he continues in office is because of old white people who retired in Az and refuse to learn anything about the history or culture of the southwest. I live in the state of AZ, not under the rule of Arpaio, but what he does affects all of us.
Here is his latest legal problem from ignoring sex abuse cases in Az: http://www.palmbeachpost.com/news/ap/crime/family-of-sex-abuse-victim-may-sue-arpaios-office/nRFJK/
The girl told a school counselor in 2007 that she had been molested by an uncle. Sheriff’s deputies were called and took the girl for a physical examination. It showed no physical signs of abuse, but a state police lab report came back positive for semen two months later and deputies were advised to get a DNA sample from the suspect.
The Arizona Republic reports (http://bit.ly/NaCIyv ) the family’s pre-lawsuit claim says deputies instead labeled the case inactive. It wasn’t until June 2011 that the case was reopened and a DNA sample was obtained from the uncle.
County administrators declined to comment on the claim because it was still under review. Claims must be filed and rejected by a government agency before a lawsuit can be filed.
The uncle pleaded guilty earlier this month to three counts of child molestation against his developmentally disabled niece and will be sentenced next month.
The family came forward last spring in the hope that their case would call attention to the widespread nature of the sheriff’s mismanaged sex-crime cases. The girl’s case is not related to hundreds of sex-abuses cases from El Mirage that the sheriff’s office failed to properly investigate. Those cases came to light in 2007.
Chief Deputy Jerry Sheridan said he was disheartened by the claim because the Sheriff’s Office has worked to improve its abuse investigations.
“We’ve made a lot of progress since we first detected these cases,” Sheridan said.
By the time the sheriff reopened the girl’s case, the uncle had repeatedly abused and molested his niece, according to the claim. He was arrested earlier this year.
Because the family only knew about the nurse’s report that showed no signs of abuse, the family allowed the uncle to remain in and around the home and disregarded their daughter’s claims.
“Hence, when (he) denied the incident as ever happening, the lack of further action by the Sheriff’s Office cemented in the (family’s) minds the initial finding that there was no evidence of rape and correspondingly eroded any credibility they might have accorded their daughter’s story — a young girl beset by significant mental limitations,” the claim notes. “The level of psychic pain this child was forced to endure is both unconscionable and unforgivable.”
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Horrific.
Greenwave,
The thing speaks for itself. Can you speak for yourself? I have already been investigated by the federal government three times.
I have already provided my college documents and everything else.
Provide your documentation. But you’re too special for that aren’t you? Do you have anything to hide?
Why won’t Obama give any details of his past, like college diplomas, his original birth certificate or explain why he forfeited his law license in Illinois.
Res Ipsa Loquitur
leejcaroll,
I believe that practice is illegal in northern Italy, but they still do it.
Thanks Mike, I had been reading only sporadically when I saw the name calling. I was astounded but thght I probably missed something in thread that somehow made it appropriate (I could not imagine what though) or a conversation about not using it.
That Matt responds in the way he does said a ton about the kind of person he is (or is not)
Malisha, buy your car here.
http://www.fiat.com/cgi-bin/pbrand.dll/FIAT_COM/home.jsp
Hey Mike,
Ask the Dagos if they like to eat maggot ridden cheese on crackers. It’s a treat.