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.
Mike S.,
Arpaio may be the worst, but he has a lot of ompetition for the top spot.
Arpaio is arguably the worst public official in the United States and it leads me to believe that Maricopa County must be one of the worst places in this country also.
Arpaio doen’t believe a long birth certtificate is real? As they say – I’m shocked I tell you. Shocked.
At what point do the taxpayers say he has wasted enough of our tax dollars with his nonsense and blackened the state’s name – it’s tiime to go?
Where I am mentally, mamaluke means muslim in slang.
But I am not italian to my regret. But I can eat spaghetti al’olio, aglio e pepperoncini.
Anyway, the point was: ANYBODY CAN INHERIT A NAME. Sense does not follow, nor ethics, nor morals, nor justice. What’s in a name, said Shakespeare. He stinks just as well whatever you call him.
Basta!
itchinBayDog, Arpaio is Italian? Youze got a problem w/ dat? Most Italians have a deep respect for the Mexican culture and people. Of all immigrants, they are most like Italians. Mexicans have a strong Catholic faith, a strong work ethic, are entrepeneurs by nature, and believe strongly in families.
itchinBayDog, I understand your point, and take no offrense. I am not one of these hyper sensitive Italians. However, the irony is Italians are probably some of the strongest supporters of Mexicans. Arpaio is a buffoon. And, there are plenty of Italian buffoons, Dick Vitale and Tommy Lasorda come to mind immediately. We italians call guys like that, “mamalukes.”
I have a few relatives living in Sun City and from what I’ve seen and heard during 2 separate week-long visits, I have to agree with Kraaken.
I agree with Malissa.
Is this Sheriff Joe guy Italian? When did his family get off the boat and from where? He cant be American Indian because he spends too much time discriminating against them. He needs to be locked up in a nursing home in Sun City.
The lady who was locked up for four and a half months when they allege that she is an alien has a good case. The State was the prosecuting party and is deemed to be aware of its own records. She had an Arizona Birth Certificate, not some thing from New York. I would seek Ten thousand Dollars for each day she was locked up. Then of course all the lost wages, lost value of vehicle, humiliation and loss of reputation. Ten Million, plus atty fees and costs. Punitives against Pappa Joe or whatever they call him.
The prosecutor needs to go into private practice and do divorces. No contest divorces. Nothing involving kids or deeds to property.
Old farts that move to that state for the fresh air and lack of humidity ought to rethink their death plans.
I would hate to be a dog in that desert but the risks one takes as a humanoid in that desert are worse than they inflict on us. Dogs With Out Papers (DogWOPS) has a chapter there and they have their paws full.
Yeah!! Kraaken
An exaggerated (?) picture but truthful yet.
How can anybody live in greater Phoenix. Does each have his own A/C sunscreened bubble when they walk? They don’t walk, cudda guessed it.
If we cut off the water and electricity, then this pustule on humanity would dry up. Taking the fascioids with it.
Give it back to the Mexicans. We failed there.
Although Sonora county was nice.
Kraaken,
Maybe the DOJ can assist the State of Arizona in ridding itself of Sheriff Joe, if the Sun City crowd is getting in the way of civil liberties for all.
Rafflaw: Believe me. We in Arizona are absolutely sick and tired of paying for this clown’s actions. Problem is that Maricopa County is bordered on one side by Sun City (the world’s largest nursing home) and on the other by Sun Lakes. Both FULL of retirees, snowbirds and republicans. Sun City has, I believe, per capita, the highest number of millionaires in the country, more than Beverly Hills and Bel Aire combined. Money talks. Arpiao wins because he wears the label of ‘America’s Toughest Sheriff’ and that is the sort of BS that these people drink up, the same way they drink up their daily doses of Metamucil. As for the judge issuing a summary dismissal Darren, that sort of tactic would work providing that Joe would accede to the Court which he never has and never will. He thinks (if I can use that term) he is a law unto himself. Maybe this year things will change. The Court FINALLY got rid of Andrew Thomas, his acolyte who was the AG, so maybe the people will wake up and get rid of this clown once and for all (assuming of course that should he lose the election, he will actually relinquish the office).
And there has been for years. A civil litigator has a tight timeline to meet with respect to a statute of limitations. A law firm throws a few paralegals on a case and they get locked in a room somewhere to comb through documents 12 hours a day. DOJ has a big office full of folks doing more important things than blogging and a woman spends 4-1/2 months in jail being pushed around and humiliated and overcontrolled because nobody looks at a paper that is shoe-in to clear her of wrongdoing and we’re standing around saying DOJ is busy? PUT THIS GUY OUT OF COMMISSION BEFORE IT’S TOO LATE! EVER HEAR OF IRREPARABLE HARM?
In the old days, there was just a powerful tyranny, but still, there was always somebody ready to behead the king. Now we have no decent beheaders left and everything’s gone to Hell in an unused Headbasket.
Malisha,
in defense of the DOJ in at least the Arizona investigation, there is a lot to investigate in Sheriff Joe’s administration!
It occurs to me that the DOJ spends way too much time investigating something like a politician’s mistress and way too little time coming to clear and obvious conclusions about corruption (Arizona, Florida, etcetera). Maybe drawing out a little obvious investigation to great lengths unnecessarily is at the heart of budget domination — ya think?
Darren,
I don’t have much criminal law experience in order to answer your question, but I bet we will get the answer from one of our regulars who handle criminal law/grand jury matters.
Let’s hope sheriff joe blow never gets his hands on The Pussy Riot!
From a procedural issue I don’t understand why the judge couldn’t just issue a summary dismissal and not have to wait for the reconsideration by a grand jury?
To me when exculpable evidence is so compelling, one would hope a fast track system would be in place to release the defendant.
Slarts,
Thanks for the link to another of Sheriff Joe’s dubious activities.
AY, I am not surprised at anything Sheriff Apaio does, but I am surprised that the citizens of his county would not be calling for his head at this point.
Thanks slarti…
Jeeze raff…. And this surprises you how? I think one atty that used to be Joes pimp lost his law license…… I may be wrong….. But it involved a judge that was questioning Joes authority….. The Sherrifs dept started investigating the judge….. Memory may fail me…. But I think I’m correct….
raff,
This is especially ironic since Sheriff Joe and his “Cold Case Posse” spent about $10K to send people on a Hawai’ian vacation as part of an “investigation” of the “forgery” of President Obama’s long form birth certificate… not to mention getting caught lying in the press conference:
http:/www.obamabirthbook.com/2012/07/exposed-sheriff-joe-arpaio-corsi-birther-scam-heres-the-proof-that-arpaios-posse-fabricated-evidence-and-lied-to-the-nation/