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Below is a new snippet of video released on Friday from Phoenix Sky Harbor Airport of Carol Gotbaum's arrest. Though the video seems of slightly better quality and closer-in than previous footage, it only shows Gotbaum being dragged through the concourse, and does not show her being taken down by PHX PD. So I don't think it adds a lot to the story.

As she's being led off into the distance, you see Gotbaum slipping on the slick, carpet-less floor. I'm reminded that one of the officers who searched Gotbaum before she was placed in the holding cell, an Officer Klepper, made mention of Gotbaum being in her stocking feet, and the smoothness of the cell floor. One of the investigators notes:

"[Klepper] did say that the floor of the holding cell is smooth, without carpet. The woman had no shoes and nylon 1/2 socks. She said the floor would be smooth for someone who was wearing that kind of sock."

Could Gotbaum have slipped while trying to get out of her restraints, and that's how she ended up in the unusual position in which she was found, with her handcuffs up near her neck?

This latest video begs the question: Is more video of the Gotbaum arrest out there? Gotbaum family attorney Mike Manning told me that, "I know there's more video than what they've released," but declined to give his source for that information. Both PHX PD and the airport have told me there is no more. However, the fact that this snippet's turned up does make one wonder if there will be more unearthed down the road.

Spoke to David Boyer, Acting Director of the County Medical Examiner's Office, and he says Carol Gotbaum's toxicology results may be in by the end of the week, so a ruling on the cause and manner of death may be around the corner.

(I've just heard that the PHX PD have released a final report on their Gotbaum investigation. More on that when I get it.)

Here also are the audio files of Noah Gotbaum's calls to the airport inquiring about the status of his spouse. The first comes about an hour after her death. The second one is especially creepy to listen to, as you hear one of Gotbaum's children crying in the background, and you hear him tell the child to leave the room after he mutters to the call center person that his wife may be "suicidal." I do wonder why it took so long to tell Noah Gotbaum that his wife was deceased. I've asked the cops, but they've yet to get back to me on that.

There are long pauses on these files, and we did edit out Gotbaum's phone # the couple of times it was mentioned. Unfortunately, we don't have a clock on these recordings. Sorry for that. Just keep listening past the pauses.

The first call comes about 4:40 p.m. on 9/28/07. Remember, Gotbaum was pronounced dead at 3:29 p.m. that day.
Approximate time in minutes/seconds: 4:45

The second call comes around 5:28 p.m. In this call, you hear an airport call center person named Mike talk to a PHX PD Sgt. about what to tell Noah Gotbaum.
Approximate time in minutes/seconds: 6:13

Third and final call from Noah Gotbaum, coming about 6:02 p.m.
Approximate time in minutes/seconds: 4:32

The Anti-Defamation League has a new report out on anti-immigration nutbars entitled, "Immigrants Targeted: Extremist Rhetoric Moves into the Mainstream." Naturally, AZ was well-represented, with Minuteman Chris Simcox and Rusty Childress' United for a Sovereign America getting mentions, and urban cougar Michelle Dallacroce scoring a whole section to herself. Of Dallacroce, the report states,

Through media appearances, connections with extremists, and personal appearances at anti-immigration events, Dallacroce echoes the anti-immigrant themes of a “mass invasion” of unintelligent, disrespectful, conspiratorial criminals while targeting her message to women and families. She focuses on immigration as a threat to American children and denigrates the values of immigrant families, branding immigrant children as “dumb” and violent.

Dallacroce probably doesn't like much of what the ADL has to say about her any more than she digs what M.A.D.D. opines. (M.A.D.D. recently hit her with a cease and desist letter, claiming the rights to the phrase "Mothers Against.") But, hey, Michelle, look at it like the nativist Olympics, and you just got the gold medal for, um, anchor-baby bashing.

J.T. Ready, the Ernst Rohm of the East Valley, is also noted by name, but fails to secure his own section in the write-up. And Mexican flag-torcher Laine Lawless earns nary a mention. (Sorry, Laine, better luck next year!) Hey, where's Russell Pearce? He's the biggest bigot in the state, unless you count Johnny-come-lately Joe Arpaio, who's only recently jumped aboard the anti-Mexican prejudice express.

The ADL white-paper (get it?) also targets FAIR, The Federation for American Immigration Reform, and identifies the ties between FAIR and FAIR-related orgs like Choose Black America and the allegedly-Hispanic You Don't Speak for Me. As far as locals go, I really think KTAR's Darrell Ankarlo deserved recognition for his contribution to the radio hatewaves this year. Ankarlo beats a steady, racist, anti-Mexican drum day-after-day on his morning show. He's AZ's Imam of Intolerance, our Sultan of Supremacy, our Wretched Spewer of Wing-Nuttery. I want to nominate Ankarlo for mention in a future ADL report. Where do I write to Abe Foxman?

From my native North Carolina (sadly) comes uber-extremist William Gheen of ALIPAC (Americans for Legal Immigration Political Action Committee), a Carolina cracker that gives me but one more reason to be ashamed of the Tar Heel State. Gheen's conspiracy-minded gutter rhetoric is the propaganda of fear and misinformation. Like many nativists, he vomits forth crass canards about how immigrants bring disease to the U.S., and how they're all criminals, etc. Gheen's a real piece of work, one of the many far-right opportunists whose living depends upon trashing immigrants.

Most intriguing to me are the references to the late Madeleine Cosman, a wackjob "medical lawyer" who toured the country spreading lies about how illegal immigrants bring antibiotic-resistant TB and leprosy to the U.S. Cosman lives on in YouTube videos posted to various anti-illegals sites, like Rusty Childress' immigrationbuzz.com. She's also cited by mainstream media types like CNN's Lou Dobbs. The ADL report states, "Her mainstream exposure added a veneer of legitimacy to the anti-immigrant movement."

Great report from the ADL. I'm fascinated by moonbat fanatics, so this is right up my alley. Maybe the AZ ADL could do a Zona version of this and spotlight all of the local players, many of whom have national reach. In the meanwhile, I'll continue my own investigations into local wacko nativists. Sand Land seems to draw them like George Noory draws UFO nuts.

Kia-peddlin' playboy Rusty Childress, pre-motorcycle crash...

So where are all the Hispanic-hatin' racists gonna go on Thursday nights? Not to Childress Kia anymore. The word's out that owner Rusty Childress, winner of New Times' 2007 "Best Bigot" Award, has sold Childress Kia. And for the last few weeks, there have been no meetings at the Kia lot at 2223 W. Camelback Road for Childress' anti-immigrant hate group United for a Sovereign America. Recently, U.S.A.'s Web site Immigrationbuzz.com announced that U.S.A.'s prejudiced powwows will now be held at PHX's Yucca Branch Library on Mondays.

What's next, Yucca? Neo-Nazi bake sales? KKK coffee klatsches? Fridays-are-Aryan-days? I just hope these wackos don't scare the schoolkids with their loudmouth antics and hatemongering. Remember, kids, just because they don't have teeth, doesn't mean they can't bite.

Sales and service personnel at Childress Kia have informed me that ownership will change hands in November. One employee offered that "an outfit in Cleveland" had purchased the dealership. The name will change to "Camelback Hyundai-Kia," another told me, though I've been unable to confirm this.

The Maricopa County Assessor's office still lists the deed under "Childress Buick LLLP," and I haven't spotted any docs with the Recorder's office noting the sale, though the Assessor's office lists the parcel as having a current cash value of $2,288,262. I've been told that the Recorder's office should eventually receive docs from the new owners, so I'll keep checking back with them. Still, numerous sources have informed me that Childress has sold. And the information received from the sales and support staff there seems convincing. I did phone Childress a couple of weeks back to ask for a comment. Needless to say, he didn't return the call.

At the penultimate U.S.A. meeting at the car lot September 20, the mood was somber. It was chaired by a certain Buffalo Chip, and attended by Mexican flag-burner extraordinaire Laine Lawless, who I profiled in a cover story earlier this year ("Burn, Baby, Burn! "). The two-ton Ernst Rohm of the East Valley, white supremacist J.T. Ready, showed up toward the end of the meeting. There was much moaning and gnashing of teeth. Childress was not present, as he was still recuperating from a severe motorcycle wreck that he was reportedly in back in late August/early September.

Various suggestions were fielded for future places to meet: Kiwanis Club, Encanto Park, Bookman's, and the Italian-American Club. The last charges $100 for the use of their facility, someone said. That meant the assorted extremists would've had to pitch-in a few bucks a piece for the anti-Mexican bitch session. Think of it as group therapy for rednecks who can't score a date.

Gabby Hayes-lookalike Mr. Bison Biscuit admonished his fellow knuckle-draggers that they shouldn't complain. The media's made them all look like racists, he claimed, but Rusty'd paid an even bigger price.

Sniff. Stop it, Chips Ahoy. You've got me all verklempt.

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I know noth-ink, NOTH-INK about zee Lacey-Larkin arrests...

Anybody get a load of the recent statement from toxic-mold specialist and former special prosecutor Dennis Wilenchik? They should call the dood Pass-the-Buck Wilin-chuck for the way he's thrown his legal lackeys under the bus, tryin' to dodge all responsibility for the arrests of Lacey and Larkin in the middle of the night last week. It was all a "misunderstanding," he writes in this torturous, long-winded diatribe as published on the East Valley Tribune's Web site, and elsewhere.

"My knowledge and intent was to have them cited," he claims, adding, "The direction from me was apparently misunderstood by the other Special Prosecutors, which resulted in a request that the MCSO deputies arrest, book and cite Messrs. Lacey and Larkin, rather than attempting to just issue them citations."

Wilenchik, who -- incredibly -- still reps the County Attorney's office in some civil litigation despite last week's unprecedented debacle, continues covering his backside and the backsides of those who butter his hot cross buns, stating that, "the County Attorney, Sheriff Arpaio and I had no personal knowledge that Messrs. Lacey and Larkin would be arrested that evening until after they were, nor would they or I have condoned such action in advance..."

Well, that explains it all, doesn't it? Ho-ho, just a little mix up with the hired help. I said cite, not incarcerate, Jeeves, you bloody idiot! Now run get my slippers and pipe, chop-chop.

Is Wilenchik the Sgt. Schultz of the AZ bar? He knows noth-ink, NOTH-INK about what's going on in his own office with highly-paid attorneys under his direction? In my cover story this week, "Who's Sorry Now?" MCSO flack Captain Paul Chagolla points out that,

"On that day, sheriff's detectives worked with assigned prosecutors from the special prosecutor's office, Mr. William French and Mr. Rob Somers. Detectives were contacted by Mr. Somers, and it was he that asked for the arrests to be made."

Mr. French (what is this, Family Affair?) is a former Superior Court judge, and Somers is one of Wilenchik's underlings. Both do work for Wilenchik & Bartness. In fact, you can take a gander at Somers the goat, here. Just click on his name to peep his mug. In future editions of the American Heritage Dictionary, Somers' pic will appear next to the word "patsy."

The rest of the document is so self-serving as to be delusional. In defiance of the facts, the opinions of legal scholars, and the tsunami of public anger directed at his over-broad grand jury subpoena, Wilenchik blithely states that there were "no First Amendment or privacy concerns." See, they just needed all those IP addresses to match up against info they had on these supposed death threats Arpaio's gotten. If the "scope of the subpoenas" was too broad, well, all New Times had to do was inform him. See, because New Times had written some mean articles about ol' Sheriff Joe, Wilenchik wanted to see if he could prove that some threat had come from an IP address that had visited New Times' Web site over the last three years.

That's right, folks. If you'd visited New Times' Web site since '04, they were going to be looking at you for some conspiracy to bump off Joe. Remember, it doesn't take much to get investigated for that. Even the rabidly pro-Joe Minutemen are not immune from the Sheriff's raging paranoia. That's why the MCSO had to look into their suspected collaboration with immigrants-rights activist Elias Bermudez, chase fake assassins at a Tolleson dairy, and interrogate a teen at a girls school in Connecticut. Cost to county taxpayers: $500,000.

Gosh, who knows how much the bill would have finally gotten to, runnin' those hundreds of thousands (maybe millions) of IP addresses, all that investigatin' by Joe's Selective Enforcement Unit, and all the legal work by the firm of Wilenchik & Bartness. Yep, they don't call him Wilencheckbook for nothin'.

The most galling part of Wilencheckbook's screed comes at the end, where he takes great umbrage at how the media's treated him in this whole matter:

...those who have recklessly and carelessly attempted to wrongfully tarnish my personal and professional reputation and integrity, and to thereby harm my family, by the outright lies and irresponsible comments made in the media, should further reflect on their own irresponsible motives in doing so.

What about rousting two newspapermen in the middle of the night on misdemeanor charges? Pish-posh, a clerical error, old bean. A mere trifle by comparison to the reputation of a great man like the Right Honorable Lord Wilenchik.

With this latest release, Wilenchik's proved that even though County Attorney Thomas got it, Republicans got it, Dems got it, constitutional mavens got it, former prosecutors got it, the man on the street got it -- Wilenchik, he just don't get it. 'Specially when it comes to his own muck-ups. At least Sgt. Schultz was a heckuva lot more humble about his bumbling.

Goddard: His masculinity is a work in progress...

So yesterday, someone sends me a copy of this letter Attorney General Terry Goddard fired off to County Attorney Andrew Thomas mentioning the New Times case, and asking that Thomas recuse his office from the investigation and have it "transferred immediately to another investigative agency." In it, Goddard's all hot and bothered, saying the investigation was compromised because Dennis Wilenchik was working on it, and because Goddard beat Thomas in the general election for AG back in 2002.

Arpaio announced that he and Thomas were investigating Goddard's office months ago, supposedly for alleged bribery in this totally benign David Petersen deal. So why did it take from April to now for Goddard to get pissed that his former rival Thomas, the man he'll likely be running against in 2010 for Governor, is investigating him over a non-issue? Basically, it took Lacey and Larkin getting arrested for Goddard to try and grow a pair.

What I find particularly galling about this letter, which Goddard's office leaked to pet reporters over at the Arizona Republic and elsewhere (not this one, natch, as I've been critical of the AG, and so was not on the buttkiss list), is that I'd contacted Goddard spokesperson Andrea Esquer over the weekend for my cover story "Who's Sorry Now," trying to get a quote from the AG. As mentioned in the story, Goddard had contacted Lacey at one point to give him an attaboy. So I figured the guy could give me one quote decrying the arrests on the record. But Esquer got back to me on Monday to let me know Goddard was declining comment.

I didn't appreciate Goddard's cowardice, but it was to be expected. Goddard is easily the least courageous public servant in Arizona, perhaps the nation. He can't even stand up for himself when he needs to, much less stick his neck out for anyone else. He's a perfect example of why, though I'm a lifelong Democrat, AZ Dems disgust me a lot more than AZ Republicans. Republicans eat bloody red meat, howl at the moon, and fuck anything that moves. By comparison, Dems are the worst kind of tofu-noshin' weenies. Janet Napolitano is the biggest do-nothing Governor I've ever seen in my life. And Goddard, who wants to be Guv, stands for zip, as far as I can see. How can I respect such bald-faced poltroonery in the face of unbridled barbarism on the other side of the political fence?

To be fair, this is a problem the Dems have often faced. They want to be all touchy-feely, while the GOP is raping their women and goosestepping over their grandmothers' corpses. We need a return to the days of two-fisted liberalism, the liberalism of Clarence Darrow, FDR, the Kennedys, Tip O'Neil, and so on. This Goddardish wimpiness just won't do.

Still, I want to encourage Goddard in his attempt to become a man. I'd prescribe regular injections of testosterone, bourbon-drinking and becoming a fan of cage fighting. Then maybe next time I call him for a quote about Gestapo-like raids in Phoenix, he'll have the huevos to cough up a denunciation.

BTW, the County Attorney has said Wilenchik is no longer working any criminal matters, so that means he should be off this Goddard mess too. If we find out he's not, the press needs rip Thomas a new one. Wilenchik is still working civil cases for the C.A., racking up even more taxpayer moolah than the nearly $2 mil he's already banked. That needs to stop. Wilenchik's contract with the C.A. is a sweetheart deal someone needs to investigate. Now who could look into that to see if any laws have been broken. Hmmm, maybe the AG?

Read the full text of the AG's letter.

No surprise today that Judge Anna Baca unsealed all the records of the grand jury in the New Times case. Actually, according to her, there was technically no grand jury yet, so the stuff wasn't really secret! (Huh?) Specifically, she said that is was OK for her to release the docs 'cause they were "not secret anyway." So, uh, why did my bosses get arrested again?

Baca was responding to the request from the Arizona Republic and Channel 12 to make everything public. Counsel Sally Wells on behalf of the County Attorney told the judge she was all for it too. Former special prosecutor Dennis Wilenchik, it seems, had filed a motion to be removed from the case today, which is too bad. (Sniff.) The whole thing would likely have been a lot more contentious had ol' Wilencheckbook been present.

There were plenty of other lawyers around, though, with some fellow representing the AZ Bar, and a legal beagle apiece for reporters John Dougherty and Paul Rubin, who each got separate subpoenas. Baca noted that those specific subpoenas were not in the file, but Wells promised the blackrobe that she'd get hold of them tout de suite. The PDFs I have seem to have those subpoenas in there, but maybe Baca and Wells are referring to some other document. I'll look into that further and get back atcha.

(I later learned Baca was referring to the original subpoenas, along with their affidavits of service, not the copies of those subpoenas, which are part of other filings.)

Otherwise, the proceeding was relatively uneventful. David Bodney, the lawyer on behalf of the Rep and Channel 12, gave a nice little speech about how the public had a right to know, and that the prompt release of the docs was necessary for the "furtherance of justice." Baca agreed, and all of the reporters in-house were soon filing down to the clerk's office to get their personal CD with all the PDF files on them.

A lot of it's pretty boring, but there's an actual breakdown of all payments to Wilenchik & Bartness in there totalling $1,838,422.60. This covers from 5/17/05 to 9/21/07. Wonder if Wilencheckbook's over the $2 million mark in public money yet?

There's some good stuff in the transcripts (see below) of one particular appearance before Baca on October 11 where she chides Wilenchik for attempting to establish ex parte communication with her through a third party, in this case political insider Carol Turoff. As mentioned by Michael Lacey in the double-bylined cover story he did with Jim Larkin, Grand Jury Targets New Times and Its Readers, Turoff phoned Baca in an attempt to try to set up some contact between Wilenchik and Baca, a big-ass no-no in the world of attorneys.

Wilenchik told Baca that what he wanted was some sort of "global" discussion of the issues. Baca replied that, "The timing of that was absolutely inappropriate."

To which Wilenchik retorted, "Well, Your Honor, with all due respect, I think the timing is absolutely appropriate with respect to what's going on..."

Shortly thereafter, there's a recess during which Paul Rubin and Wilenchik have words and challenge each other to fisticuffs. Well, they don't actually do the man-dance, but when the recess is over and court is back in session, Wilenchik crybabies to the judge about a "threat that was just leveled at me," by Rubin and also by Dougherty. Dougherty had nothing to do with it, it was between Rubin and Wilenchik. But for some reason, Wilenchik made a point of implicating Dougherty too.

"Mr. Dougherty basically challenged me to a fight," claimed Wilenchik. "And approached me closely."

Then Tom Henze, one of New Times' lawyers, gave the other side of the tale, where Rubin cracked to Wilenchik, "Nice about Carol Turoff."

According to Henze, Wilenchik shot back, "Mr. Henze, if you don't control your client, I will." And that's when both parties seemed ready to throw down. But, as they say, cooler heads prevailed. When told about this non-tussle, Baca fell back upon something she used to have to do in family court to keep people away from each other's throats: She dismissed the New Times folks first. Then waited a bit before dismissing the government's side. This, so there'd be no pummeling afterwards.

I'd actually pay to see that match-up between Wilenchik and Rubin. Wilenchik looks a little bigger than Rubin, but Rubin's a feisty fucker, and energetic, so I wouldn't bet against him. W. might last a couple of rounds if he did the rope-a-dope thing. I'd call it Rubin in three-rounds by a TKO.

More posts to come. I'm backed up like I just ate a bowl of cashews.

Read the transcript.

Check this video of Tuesday's press conference by County Attorney Andrew Thomas, featuring his fake outrage about the Arizona Republic having a link online to a County Recorder document listing his address and the name of his four kids. Okay, so if you were really worried about the safety of your tykes, why would you hold a press conference announcing to ALL of the media that some obscure online story linked to info. about your rugrats? Uh, political gain might be one reason.

(Interestingly, the press conference was initially said to be regarding "the New Times matter," though it really had nothing to do with us.)

What a schmuck. Not only did Candy-ass Thomas have a press release distributed, he handed out copies of the Rep's brief online story, with the link in BOLD! Thomas' release quoted him as follows:

“I am stunned some media outlets would jeopardize the safety of my family in this manner,” said County Attorney Thomas. “I will now be forced to take precautions to protect my family and myself.”

The guy sounds like Captain Renault from Casablanca claiming, "I'm shocked, shocked to find that gambling is going on in here!" Well, except for the fact that the fictional and corrupt Cpt. Renault was far more sophisticated and intelligent than Candy'll ever be, despite Candy's Harvard pedigree.

What's disgusting is that Thomas would use his four kids as part of a cheap political trick, an attempt to garner sympathy, and divert the press' attention with this pathetic red herring. It won't work. The issue remains the same: His office's abuse of power, its malfeasance, and its rape of the First Amendment by allowing Thomas' well paid apparatchik Wilenchik trample the U.S.Constitution with an over-broad subpoena. Not to mention the arrests of Lacey and Larkin, arrests ordered under the umbrella of Thomas' authority.

I was happy to see the Republic bury the story on B4. Though I was a little disturbed to see how quickly they removed the original story from AZCentral.com. I reckon Rep editor Ward Bushee ain't cut out for a night in the slammer. Heh.

If Thomas' wife and kids really do get armed guards, Thomas' pay should be docked for every man hour. Fucking moron.

Thanks to my colleages Megan Irwin and Ray Stern who attended the press conference. (Stern shot the video above.) I was busy on deadline and couldn't make it, alas. Though I'm not sure they would've let me in as douchebag flack-buttboy Barnett Lotstein has told me I'm banned from future County Attorney press conferences. Oh, boo-hoo, Barnett. You're breaking my heart.

Lotstein's a real fossil, not used to dealing with women in the workplace, which has gotten him into a lot of trouble in the past. After the press conference, he kept addressing Irwin with a condescending "Dear." Hey, Lotstein, it's 2007, not 1957. Wonder why everyone thinks you're a joke? Well, acting like that towards female reporters might be one reason.

Ankarlo not only digs smooching the Sheriff's butt, he also enjoys the occasional snack.

I didn't really have time to be on KTAR today, engaging in verbal fisticuffs with the Mormon-owned radio station's premier right-wing lip-flapper. But the offer was hard to turn down for two reasons: 1) I'm addicted to arguing with my ideological adversaries; and 2) I feel the need to counter some of the egregious bullshit that flows so freely from Ankarlo's Twinkie-hole. So, despite the fact I was on a major deadline this a.m., I went on the show, and I'm glad I did, because the rhetorical combat gave me a charge that lasted throughout the day. AND I still made my deadline, so hopefully my boss won't hold it against me.

The subject? Surprise, surprise, the knock-down-drag-out between New Times on one side and the unholy trio of Sheriff Joe Arpaio, County Attorney Andrew "Babyface" Thomas, and Dennis "Demon Dog" Wilenchik on the other. I got to call Ankarlo on his persistent French-kissing of the Sheriff's bum, and explain to the out-of-towner radio host why Sheriff Joe's a sadist, a bad Sheriff, and worthy of all kinds of scorn. Ankarlo, to his credit this time around, actually took a couple of calls that were critical of Arpaio, and posted a survey on KTAR's Web site asking if people think Joe's corrupt. Last time I checked, it was 46% yes, 54% no. It looks like they're still taking votes, so go here to vote against Sheriff Joke. Don't bother if you wanna vote for him, 'cause you know the goons over at the MCSO PR department are already voting multiple times under different IP addresses.

The full audio's, here. My segment begins about 16:40 into the recording. Skip to that point if you want to avoid Ankarlo talking about airline travel. I've been on Ankarlo twice before. My voice sounded a little muted this time 'round. I was on my office phone, which for some reason, sounds worse than when I'm on my cell. Go figure.

Will someone keep Joe away from the Paris Hilton statue? Sheesh...

Enjoy this delicious video of County Attorney Candy "Babyface" Thomas admitting to a major eff-up yesterday in the effort to prosecute New Times by using his private attack-schnauzer Dennis Wilencheckbook, who's reportedly earned nearly $2 mil of the public's dough working for former employee Thomas.

Check out the very end where I refer to this douche Barnett Lotstein, longtime MCAO flack, as Thomas' personal butt-boy. Loads of fun.

County Attorney Thomas, admitting major mistakes and backing off the criminal prosecution of New Times.

In a stunning capitulation to an overwhelming public backlash, Maricopa County Attorney Andrew Thomas announced in a press conference this afternoon charges against New Times founders Michael Lacey and Jim Larkin are being dismissed and that Dennis Wilenchik will no longer work for the CA's office as a special prosecutor. Thomas admitted that the grand jury subpoena in the case, as discussed in this week's cover story by Lacey and Larkin Grand Jury Targets New Times and Its Readers, was too broad.

"We are not going to proceed with this investigation," stated Thomas. "The charges are going to be dismissed. And the matter is going to end."

Thomas ate crow before a crowd of fired-up journalists, claiming the subpoena in the case offended him as an American and a writer. (Apparently, Thomas has written a couple of right-wing tomes in the past.)

"There is a right way and a wrong way to bring a prosecution," said Thomas, whose office has been the subject of withering public criticism in the wake of the arrests of Larkin and Lacey late last night. "And what happened here was the wrong way. I do not condone it. I do not defend it. And so it ends today."

Incredibly, Thomas defended his choice of Wilenchik, his former boss, as special prosecutor in a case against New Times, even though Thomas admitted that he did not feel comfortable investigating New Times' alleged violation of an obscure law that makes it a crime to publish a law enforcement official's address (in this case Arpaio's address) over the Internet. So he kicked the investigation over to Pinal County. When they chose not to pursue it, Thomas persisted, with his very well-paid ally Wilenchik as special prosecutor.

Thomas disavowed all responsibility for the arrests of Lacey and Larkin, and said that the matter had been "badly mishandled." However, Thomas himself said he would not resign over the matter, and apparently, Wilenchik will continue to serve his former employee, though not as a prosecutor. Thomas called the New Times reckless in publishing Arpaio's address three years ago during an investigation of cash purchases by Arpaio of parcels of land worth $1 million. And despite this egregious violation of the First Amendment by the County Attorney's office, Thomas offered no apology to New Times' founders, and instead demanded an apology from the New Times for publishing Arpaio's address.

Asked if Thomas would go after the many Web sites that have published Arpaio's address online, he made a major legal flub.

"There's a big difference between that and putting his name and address on the front cover," as the New Times did late in 2006. This reporter had to point out to Thomas that the law in question did not apply to print publication of such addresses, only Internet publication of same.

Thomas mumbled a response, to which I shot back: "So the law doesn't matter to you?"

"That's not what I said," he frowned.

The extent of Thomas' retreat became apparent when MCAO flack Barnett Lotstein later admitted that attorney Wilenchik will no longer serve the MCAO in criminal matters, though he will continue to represent the County in civil matters when someone like Arpaio requests him.

Obviously, Wilenchik this week crossed the line into political liability territory, and Thomas threw him under the bus. Interestingly, New Times reporter Ray Stern's disorderly conduct citation for looking at public documents has not been dismissed. Stern was viewing MCSO press releases at the PHX law offices of Michelle Iafrate, press releases the MCSO refuses to e-mail to New Times. Stern took some digital snaps of these public docs. They asked him to leave. There were words between he and Iafrate, and he left. Then they hit him with a citation later in the evening as part of this mess.

More as the situation demands it. Video of the press conference to come...

VVM Executive Editor Michael Lacey talking to reporters earlier this a.m. after being released from MCSO custody.

Village Voice Media Executive Editor Michael Lacey was released from PHX's 4th Avenue Jail around 4 a.m. this morning after being arrested Thursday evening by plainclothes agents of the Maricopa County Sheriff's Office. Charged with the misdemeanor of revealing grand jury information in this week's cover story Grand Jury Targets New Times and Its Readers, Lacey was released on a $500 bond. His co-author on that story, VVM Chairman and CEO Jim Larkin was arrested on an identical misdemeanor charge Thursday evening and released hours prior to Lacey.

Unbowed and surprisingly lucid for a man who's just spent the night in jail, Lacey spoke with a gaggle of reporters including yours truly and Channel 3's Mike Watkiss. The journalist and alt-newspaper titan, who along with Larkin founded New Times in 1970 as a reaction to the war in Vietnam, vowed to continue the fight against abuses of power by County Attorney Andy Thomas, Sheriff Joe Arpaio, and Thomas' paid attack hound, lawyer Dennis Wilenchik.

"We're going to keep publishing, and with God's help, we're going to keep printing," he declared. Lacey explained the background of his arrest, and how special prosecutor Dennis Wilenchik had attempted ex parte communications with the judge overseeing a grand jury investigation of Phoenix New Times. The investigation stems from the paper publishing Sheriff Arpaio's home address online three years ago in reporter John Dougherty's column. Lacey stated that Wilenchik's brazen attempt to influence the judge in this case forced New Times' hand, resulting in Thursday's revelation of the broad grand jury subpoena.

"We're being arrested for raising hell," Lacey remarked. "It's sort of a tradition journalism has."

Lacey went on to place in context the online revelation of Arpaio's address, pointing out that Dougherty was at the time inquiring into parcels of land Arpaio paid for in cash, sometimes close to a million dollars in cash. Arpaio's real estate records were being hidden from the public, even though the Sheriff's home address was readily available in county public records and on numerous sites online.

"Our question during the election cycle was: How is it that a guy [the Sheriff] who's making $72,000 a year has nearly a million dollars in cash to invest in these parcels?" wondered Lacey.

Asked if he believed more arrests were likely, Lacey said he didn't think so.

"The way that this operates is that they select someone to make an example out of, and they selected our organization," he replied. "Hopefully, other media organizations will begin to speak up and speak out about what's going on here.

"The problem is that it takes me being arrested for you guys to show up," he continued. "This is a story we're all involved in. Those subpoenas are what you should be writing about. The sources they want from us on all of these stories is what you should be writing about. The fact that they want to have the identity, the browsing habits, the buying habits, what shopping carts people have filled, what sites people have visited on the Web before they came to us, what sites they visited after they left us. The fact that they have subpoenaed that kind of information, all of which is in our paper and on our Web site is what the story's about. It's not about me getting out of jail at four in the morning."

To the men responsible for having him thrown in stir, Lacey responded, "I don't have anything to say to those guys. There's obviously a segment of our community that enjoys seeing law enforcement run in this manner, otherwise they would not have been elected to their posts. But we don't have to subscribe to that. We have a different point of view about that and we're publishing it. And in this instance, we got arrested for it."

It ain't often that you go downtown in the middle of the night to see your boss released from the hoosegow. Especially under these circumstances. I've read of reporters being arrested and/or incarcerated, but not newspaper owners. Maybe this is pretty normal stuff for Myanmar or Iran, however Arizona's still in the U.S. last time I checked. Someone should alert Arpaio, and send him a copy of the Bill of Rights while you're at it.

New Times founders Jim Larkin (left) and Michael Lacey (right), now under arrest.

Plainclothes Maricopa County Sheriff's officers arrested New Times founders, Village Voice Media Executive Editor Michael Lacey and Chairman/CEO Jim Larkin at their homes late Thursday evening for revealing grand jury information in their recent story Grand Jury Targets New Times and Its Readers. Both were taken into custody and have yet to be bailed out. Lacey is believed to be in the 4th Ave. Jail. And there are reports that Larkin was taken to a substation in Mesa.

In a related incident, New Times reporter Ray Stern was issued a citation today for taking digital photos of Sheriff's Office documents at the law offices of Iafrate and Associates in Phoenix. This is particularly absurd since all Stern did was try to take pictures of MCSO press releases -- public documents by any definition. When asked to leave by Michelle Iafrate, the head of the law firm, he did so without incident.

It's believed the arrests have nothing to do with Judge Baca, the judge in charge of the grand jury currently investigating Phoenix New Times. Speculation is that New Times enemy Dennis Wilenchik, the special prosecutor in the case, may have filed a complaint against Lacey and Larkin, and that's the reason they were arrested.

Published yesterday, the cover story with its dual byline revealed details of an ongoing grand jury inquiry into a law allegedly violated years ago when reporter John Dougherty revealed Sheriff Arpaio's address in a column. Dougherty was looking into Sheriff Joe's real estate transactions at the time. The law makes it illegal to publish the address online, not in the physical paper.

New Times lawyer Steve Suskin called it "highly unusual" that someone would be arrested for a Class 1 misdemeanor such as Lacey and Larkin were, and called it "unprecedented in the annals of journalism."

More on this outrageous abuse of power by Sheriff Arpaio, County Attorney Andy Thomas and their attack-dog Wilenchik as it develops.

The iron fist in the velvet glove: Smoothie Judge Burke crushes the C.A. and Wilenchik's 10.1 motion like it was an empty Pepsi can.

In a quick ruling on yesterday's 10.1 hearing in which County Attorney Candy Thomas' well-paid attack schnauzer Dennis "Demon Dog" Wilenchik asked for Judge Timothy Ryan to be removed from ALL of the County Attorney's cases, Judge Edward Burke has DENIED Wilenchik's motion, dealing a major, if not unexpected blow to Candy and The Wily One. Check this excerpt:

The Maricopa County Attorney’s Motion For Change of Judge For Cause in the above cases is DENIED.

Although the Maricopa County Attorney has not established bias or prejudice in Judge Ryan sufficient to cause this Court to order him to be disqualified in any of the individual cases that does not end the inquiry. The County Attorney argues that the ten matters cited above demonstrate a pattern that establishes a bias in Judge Ryan against the Maricopa County Attorney’s office and its prosecutors. The County Attorney seeks unprecedented relief: an order disqualifying Judge Ryan from all matters involving the Maricopa County Attorney’s Office, and not just from the specified cases. Such a far-reaching request is neither supported by the facts presented nor the law.

So Burke bitchslapped them both on their effort to have Ryan removed from the specific cases they attached this request to, and on their attempt to disqualify Ryan on everything coming out of the C.A.'s office. That old smoothie Burke just delivered the perfumed ice pick to the kidneys that Wilenchik and "Babyface" Thomas so richly deserved. Of course, Thomas and Mr. Mold (The Wily one made his fortune with toxic mold cases before turning to the public trough) can appeal the ruling. And Candy will likely make it an issue in his reelection effort and in his eventual run for Guv. Thing is, his opponents can use it against him, too, pointing out what an ass he is, and how dangerous his attack on the blackrobes has been.

In any case, it ain't over. It's all about Prop 100, denying bail to illegals, and exploiting the immigration issue to appeal to the basest instincts of the Zona electorate. Not that the anti-illegal wackos need any help on that front. Burke's ruling is a blow on behalf of the rule of law, not mob rule. All those interested in an independent judiciary should applaud it.

The ruling in its entirety follows. More Feathered Bastard entries on this subject are listed after this document:

More

The Wily One, minus his trademark granny-glasses.

Today I stared into the piercing pupils of PHX’s legal Demon Dog, the Bane of the Blackrobes, that Pugnacious Pit-Bull of Jurisprudence, Dennis, “the Menace” Wilenchik. And as Nietzsche once wrote of “the Abyss,” The Wily One stared back.

OK, that’s a little over-the-top. Basically, I caught up with the aggro esquire as he was exiting the Old Courthouse in Downtown PHX, following his appearance before Judge Edward Burke’s court in this 10.1 hearing where Wilenchik, on behalf of County Attorney Candy “Babyface” Thomas, was trying to get Judge Timothy “The Hair” Ryan removed as a judge in all of the C.A.’s cases. This, because Ryan is supposedly prejudiced against Thomas’ office. (Hey, I didn't know Thomas was black.)

When I asked Wilenchik about what AZ State Bar spokesperson Patricia Giallanza told me yesterday, that the Bar was investigating both Wilenchik and his boss Candy over possible ethics violations, he was nonplussed.

“Maybe you know something I don’t, but I’m not aware of that,” he clucked. “They shouldn’t be saying things like that to people. They’re violating their own rules, I think.”

Wilenchik said he hadn’t been notified of any investigation by the State Bar. “Certainly, you’re not supposed to be notified about it, let me put it that way,” he smiled. Queried as to whether he’d received a fair hearing before Burke, he shrugged, “I don’t know how to answer that, really.”

The Burke hearing lacked the pyrotechnics of Wilenchik’s initial appearance before Ryan on October 3, when Mr. Mold (Wilenchik used to specialize in toxic mold litigation) requested Ryan recuse himself on all of the County Attorney’s cases. Ryan declined. Eventually a 10.1 motion to remove Ryan for prejudice or bias ended up before Maricopa County Superior Court Judge Barbara Mundell. Wilenchik asked for an out-of-county judge to hear the case. Mundell shot that down, and the 10.1 was assigned to Judge Burke, who heard Wilenchik’s arguments and witnesses this a.m.

Technically, this 10.1 stuff is pretrial maneuvering in charges brought against defendant Ramon Perez-Ortiz, who’s charged with human smuggling. Ortiz is defended by Bob McWhirter, who wrote the book on immigration law – literally! The Criminal Lawyer's Guide to Immigration Law, 2nd ed., it's a smashing read. The morning began with McWhirter, whose fondness for a certain chapeau outside of court has him pegged in my book as “Fedora-boy,” insisting the court provide an interpreter for his client. Proceedings were delayed for 20 minutes while they hunted one down.

When things got under way, Wilenchik called two C.A. lawyers as witnesses: Elizabeth Cottor and Deborah Lee. Essentially, Wilenchik lead them through testimony intended to show that Judge Ryan had been biased and prejudiced toward them, and toward the MCAO’s office as a whole. Really, it was all about Ryan putting the smack down over issues like not showing up to hearings (in Cottor’s case), or not filing some motion on time (Lee).

Seems Cottor missed attending a settlement conference, so Ryan wrote up a stinging minute entry on Cottor’s absence. Well, as stinging as it gets within uber-polite court confines. Ryan’s entry demanded to know why Cottor “should not be held in contempt” or her case dismissed “based on the gross, wanton misconduct demonstrated by the State’s counsel.”

Cottor wished the judge had tried to phone her or one of her supervisors instead of being so mean in a minute entry. That’s what she would’ve done if roles were reversed. You know, a little courtesy call. Not write some nasty note that other legal beagles might see.

“In my opinion, he was not polite to me,” whined Cottor, who seemed to think it would hurt her chances of wearing the black robe herself someday.

What is this, Mrs. McGillicutty’s Charm School? What kind of shriveling petunias are these barristers anyway? Lee was apparently called on the shag for not filing some pretrial motion. As a result, Ryan stated that the C.A.’s office had “completely frustrated” the administration of justice.

“Do you take umbrage at that statement?” Wilenchik asked Lee.

Lee described it as unreasonable. Later she told Wilenchik she found it “unusual” that Ryan had done so much homework into her case, and gone into such depth. Someone in the peanut gallery snorted when Lee made her observation about Ryan’s due diligence.

With each witness, the kindly, baldpated Burke asked a few questions of his own, usually something about whether or not Ryan had been short with them elsewhere. While talking to Lee, Wilenchik began to object to the judge’s Qs, which Judge Burke batted away with a nearly sotto voce “Overrruled.” Burke then said something about just doing his job, to which Wilenchik snapped, “So am I.”

I wouldn’t say Wilenchik was well-liked by those in attendance. On the other hand, he didn’t seem heartbroken by the lack of love. Actually, if I had to guess, I’d say the dood revels in it.

McWhirter then made a final statement about how a motion to remove a judge “has to be specific to the case.” He also pointed out that a 10.1 has to be filed within 10 days, making Mr. Mold’s motion way-late.

After adjournment, McWhirter commented on the complaints of Cotter re: Ryan’s testy minute entry and Lee’s comment about Ryan going into depth on her case.

“That whole contention [that Ryan’s minute entry might hurt Cottor’s career] is just absurd,” Fedora-boy told me. “There are a thousand minute entries produced every day!”

As for Ryan doing his homework: “That just shows how conscientious Ryan is.”

Why are these esteemed jurists wasting so much time on this petty b.s.? It’s all about Prop 100, baby, and Thomas campaigning for reelection and eventually for Guv on the backs of judges who fail to deny bail to every brown person who walks into court. Thomas and his Demon Dog wanna wreck the judiciary, ‘cause intimidated judges mean more power for them. From a layman’s perspective, I can’t say I found Wilenchik’s case very compelling. The C.A.’s lawyers sounded like petulant pre-teens.

I’ll follow up with more on this as it develops. Till then, check out these previous Feathered Bastard reports on the same issue:

County Attorney Andrew "Babyface" Thomas and hired muscle Dennis "Demon Dog" Wilenchik being investigated by AZ State Bar.

Motion from Demon Dog Dennis Wilenchik and Candy "Babyface" Thomas shot down by Judge Barbara "Badass" Mundell.

Law is WAR: Video of Dennis "the Menace" Wilenchik vs. Judge Timothy "The Hair" Ryan (now w/improved video)

Demon law dog Dennis Wilenchik vs. Judge Timothy Ryan, video to come.