Bill Montgomery Opposes Ethics Rule Requiring Prosecutors to Reveal Evidence of Wrongful Convictions

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Monty's against requiring prosecutors to reveal new evidence of a convict's innocence . . .

As Maricopa County Attorney Bill Montgomery fights to keep Debra Milke behind bars pending a retrial on her overturned murder conviction, he also is fighting a proposed rule to the State Bar of Arizona that would require prosecutors to act on new evidence of a wrongful conviction.

For the past two years, the Arizona Justice Project has petitioned the Arizona Supreme Court to change the State Bar of Arizona's ethics rules, adding a provision based on the American Bar Association's Ethical Rule 3.8.

The ABA's rule states that if a prosecutor discovers "new, credible, and material evidence" of a wrongful conviction, he or she must disclose the evidence to the defendant and "undertake further investigation or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit."

See Also:
Debra Milke's Attorney Asks Court to Disqualify Bill Montgomery's Office as Prosecutor

Should there arise "clear and convincing" evidence of the innocence of someone convicted in the prosecutor's jurisdiction, "the prosecutor shall seek to remedy the conviction." According to the AJP's filings, eight states have adopted the ABA rule in whole or in part, largely over concern caused by a slew of death penalty cases nationwide that have been overturned due to new evidence.

Based on the suggestions of local prosecutors, the Arizona Supreme Court re-opened comments on the proposed rule this year, offering a somewhat watered-down version of the ABA rule.

It reads:

"(g) When a prosecutor knows of new and credible evidence that the prosecutor knows creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the judgment of conviction was entered by a court in which the prosecutor exercises prosecutorial authority, promptly disclose that evidence to the defendant unless a court authorizes delay.
(h) When a prosecutor knows of clear and convincing evidence that the prosecutor knows establishes that a defendant in the prosecutor's jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall take steps in the appropriate court, consistent with applicable law, to set aside the conviction.
(i) A prosecutor's independent judgment, made in good faith, that the information is not of such a nature as to trigger the obligation of this rule, though subsequently determined to have been erroneous, does not constitute a violation of this Rule."

In a county that has given us the wrongful murder conviction of Ray Krone, the extra-constitutional antics of disbarred former county attorney Andrew Thomas, and now the overturned conviction of Debra Milke, whose still-warm spot on death row was secured via the testimony of a Phoenix Police Detective with a long history of lying and abuse of authority, a rule such as this would seem a no-brainer.

But not to Montgomery, who still wants his prosecutors to have the ability to hide the football after a conviction without fear of sanction by the state Bar.

In a comment to the court penned by Mark Faull, Monty's chief deputy, Faull argues that these "new obligations" would be "confusing and burdensome" and that there is "no convincing evidence that Arizona has a 'problem' of wrongful convictions" or that "prosecutors have failed to take corrective action when appropriate."

This proves conclusively that at least some prosecutors come from an imaginary planet where unethical behavior by their tribe does not exist.


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59 comments
ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

AZ: ex-MCAO DCA Aubuchon officially disbarred - violated ER 3.8(a) Ethics responsibility for prosecutors

http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2013/SB-12-0035-AP.pdf

"For the reasons previously explained regarding Judge O’Neil’s ruling on the number of character witnesses permitted, we reject Aubuchon’s argument on that point. See supra ¶ 20.

¶57 We also reject Aubuchon’s remaining arguments. The panel found that Aubuchon’s lack of a prior disciplinary record was a mitigating circumstance, so her argument that the panel failed to credit this fact is baseless. And although witnesses testified to Aubuchon’s good character, the panel was justified in not finding this a mitigating circumstance in light of evidence regarding the events underlying these proceedings, which reflected poorly on her character. Finally, the manner in which the disciplinary proceedings were initiated has no bearing on whether the presumptive sanction of disbarment is appropriate.

¶58 Aubuchon’s most serious misconduct was filing a criminal complaint against Judge Donahoe in violation of ER 3.8(a) and engaging in conduct prejudicial to the administration of justice in violation of ER 8.4(d). Although the panel properly found that Aubuchon also violated several other ERs, we consider those particular violations the most egregious in light of the public trust placed in prosecutors to wield their considerable power fairly and for the public good. After considering Aubuchon’s mental state when engaging in the misconduct, the potential and actual injuries suffered, and the aggravating and mitigating circumstances, we are compelled to impose the presumptive sanction.

¶59We order Aubuchon disbarred.

* Chief Justice Rebecca White Berch recused herself from this case. Pursuant to Article 6, Section 3 of the Arizona Constitution, the Honorable Lawrence F. Winthrop, Judge of the Court of Appeals, Division One, was designated to sit in this matter."


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

This was written Dec. 12, 2011;  today there are over 1,180 exonerations, see Exoneration Registry.


http://www.motherjones.com/politics/2011/12/innocent-people-us-prisons
→ Crime and JusticeHuman Rights

HOW MANY INNOCENT PEOPLE ARE IN PRISON?

The exact number is unknown—but may be 20,000 or more. Plus: an interactive map, and rarely seen video of Rick Perry pardoning a dead man.—By Beth Schwartzapfel and Hannah Levintova| Mon Dec. 12, 2011 8:10 AM PST
Read the story: How Rick Perry was forced to pardon an innocent man—years after he'd died behind bars.

"Before we talk about how many people may be behind bars for crimes they did not commit, we must acknowledge that it's nearly impossible to know—only broad estimates are possible. There are several key reasons, experts say, why a number is so hard to ascertain. Because the sprawling criminal justice system is a patchwork of federal, state, county, and municipal courts, prisons, and jails—each with its own system (or lack thereof) of record-keeping and data-reporting—we don't even know how many people are convicted, let alone wrongfullyconvicted, of crimes in the United States. "We don’t even have a denominator," says University of Virginia law professor Brandon Garrett. "But the wrongful convictions we do know about suggest that there's a big problem." 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Radley Balko: The Unchecked Charging Power of the Prosecutor
http://www.huffingtonpost.com/radley-balko/prosecutor-power_b_1425084.html

"The prosecutor should be the gatekeeper," Gershman says. "He should see his job as administering justice, not getting convictions. That may mean you don't let juries hear cases if you aren't personally convinced of guilt. Unfortunately, we currently have a very low threshold for charging. It's just too low."

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

In a civil society, what man has the right to play God with another man, woman or child's life? Certainly, not a fallible politician!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

PROCESS TAKES "TOO LONG".....  HORNE CONSIDERS LEGAL ACTION IN ATTEMPT TO SPEED UP DEATH PENALTY CASES 


By Gary Grado - gary.grado@azcapitoltimes.com   Published: August 5, 2013 at 9:18 am

"The 11 convicted killers Arizona has executed since 2010 spent an average of 22 years on death row.


Attorney General Tom Horne thinks that is too long.

He also thinks suing the federal government will speed up the process, but others say that a successful lawsuit would bring few or no gains because Arizona lacks criminal defense attorneys who are qualified to do proceedings known as capital post-conviction relief and are willing to do it for $100 an hour, the rate set in statute.

That has historically left the Arizona Supreme Court scrambling to find enough attorneys to handle the constant stream of death cases.

The result, at times, has been the appointment of unqualified lawyers.

The median hourly rate for an Arizona attorney is $250 and the average is $280, according the State Bar of Arizona’s 2013 Economics of Law Practice survey."..... 


azwi
azwi

Why, doesn't Bill Montgomery have any ethic himself?  I'm finding Montgomery's integrity quite questionable!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

MCAO Bill Montgomery, a West Point graduate, should actually stick to the core principles of honor, integrity, and courage in the face of adversity -- his job as a "minister of justice". Or is this a problem with having a military man with a "shoot first, ask later" mentality, authoritarian figure -- handling the justice system which is supposed to be fair justice for all? This is NOT a military court but a civilian criminal justice court. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Great comment lost in the blog...

danzigsdaddy2 days ago

"so Monty doesnt want evidence that clears people to be reviewed or brought to light? he doesnt want people who are wrongly convicted to be able to clear their names? thats about par for the course in Maricopa county these days. Justice isnt just blind, she's being gagged and beaten too"

maz2331
maz2331

The problem is that the prosecutor has no actual skin in the game, and much political capital to gain by being "tough".  The only way to fix the system is to make the attack dogs liable personally for their bites when they mess up.  They should do double the time and turn over their entire estate to those they railroaded. 

Dontbelieveit
Dontbelieveit

When I think of justice in Maricopa County ...............................a picture of the three monkey's comes to mind ..........Hear no Evil.......... Speak no Evil  and See no Evil ....... .......The justice system has  for far too long been one of the most......... ........if not THE MOST CORRUPT JUSTICE SYSTEM IN THE COUNTRY ....................BAR NONE!

timdlittle
timdlittle

Why would a state Oligarchy  want any sort of ethical standards in place? Arizona did not get on the top ten list of dirty state Governments for nothing. Montgomery is a gangster with a law degree and a elected position. scary.

Gary Waterman
Gary Waterman

I am typically very critical of NT reporting but on this subject I couldn't agree more. There is no reason one could give that would make me agree that a wrongfully convicted person should remain sentenced for 1 additional minute if the information to correct the situation is in hand. And I certainly don't think such situations being "burdensome to the prosecutors office" should be given any weight at all. I'm going to go out on a limb here and guess that sitting on death row, serving a life sentence, serving a shorter term or having your life, career and reputation erroneously destroyed might be considered "burdensome" at the least to the person involved. Such cases should be given the highest of priority. Those involved should be immediately notified and be given full latitude to meet with attorneys and be given the option of being moved to Administrative Segregation while the matter is quickly looked into. Prisons have a weird social system and this persons name appearing in the media when a situation like this comes up could put them in danger. In short, if the information leads us to believe a mistake has occurred, we need to recognize it for what it is. It's a travesty of our justice system and every attempt should be made to correct it as quickly as possible. We also need to recognize that if this has occurred we have put an innocent person into a snake pit where violent crime is 75% higher than it is on the streets. It would be our duty to make reasonable attempts to protect this person (since we have removed their ability to do that for themselves) and separate them from that environment quickly. AdSeg would be the best option at that point.

Cozz
Cozz topcommenter

Doesn't surprise me a bit that Montgomery and the County Attorneys Office would fight anything that requires them to be ethical.


When you've been unethical as long as they have, change is very difficult.

Karyl Krug
Karyl Krug

I was going to say, only a complete dick would oppose revealing evidence of factual, actual innocence. Plus, this particular case is in a pretrial posture and he's absolutely required to reveal that stuff under Brady, anyway. Is the Phoenix New Times ever going to cover the story that I was fired as a Capital Staff Attorney for reporting the other Capital Staff Attorney to the State Bar, as they said I had to, for fraudulently using the title "attorney" while advising judges statewide in death penalty cases from 2007-2012? And she also represented in a grant request to the Arizona Supreme Court to fund our jobs that we were both longstanding criminal attorneys and criminal law specialists, when she is neither? She co-authored papers with judges, presented CLEs to lawyers and judges, for years, all without telling anyone that she was not a licensed attorney? The AZ Supreme Court, in turn, changed her title and changed the parameters for how these particular grant funds could be used to include the newly formed "Capital Litigation Law Clerks." So they covered up grant fraud to protect about 7 years of capital murder convictions. Oh, and it's not a crime to pretend to be a lawyer in Arizona, whereas it's a third degree felony in Texas if your bar card expires for even administrative reasons mid-trial. I've been waiting for you guys to contact me for over a year. I have the "consent decree" worked out between the bar and the non-lawyer right here. I've also been blackballed from working in my field here in Maricopa County, which has turned out to be just as much fun as nationally advertised before we moved here in August 2011. It never occurred to me that Sheriff Joe might just be the tip of an iceberg. I didn't sue because I thought there were too many "public servants" feeding at the public trough because of Andrew Thomas. I thought it was unseemly. I thought I would just go out and get a different job. Wrong!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Montgomery lacks the education and experience to understand wrongful convictions. Another reason why he and his office should not be handling the Debra Milke case.


http://www.huffingtonpost.com/2013/08/01/prosecutorial-misconduct-new-orleans-louisiana_n_3529891.html

The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them


A CULTURE OF CONVICTION

The particularly striking thing about that argument -- that self-regulation and professional discipline are sufficient to handle prosecutorial misconduct -- is that even in the specific Supreme Court cases where it has been made, and where the misconduct is acknowledged, the prosecutors were never disciplined or sanctioned. None of the prosecutors in Pottawottamie v. McGhee suffered professional repercussions for manufacturing evidence, for example. Neither did any of the men who prosecuted Thompson. In fact, there's a growing body of empirical data showing that the legal profession isn't really addressing prosecutorial misconduct at all.

  • In 2003, the Center for Public Integrity looked at more than 11,000 cases involving misconduct since 1970. Among those, the center found a little over 2,012 instances in which an appeals court found the misconduct material to the conviction and overturned it. Less than 50 cases resulted in any professional sanction for the prosecutor.

  • In 2010, USA Today published a six-month investigation of 201 cases involving misconduct by federal prosecutors. Of those, only one prosecutor "was barred even temporarily from practicing law for misconduct." The Justice Department wouldn't even tell the paper which case it was, citing concern for the prosecutor's privacy.


  • A 2006 review in the Yale Law Journal concluded that "[a] prosecutor's violation of the obligation to disclose favorable evidence accounts for more miscarriages of justice than any other type of malpractice, but is rarely sanctioned by courts, and almost never by disciplinary bodies."


  • An Innocence Project study of 75 DNA exonerations -- that is, cases where the defendant was later found to be unquestionably innocent -- found that prosecutorial misconduct factored into just under half of those wrongful convictions. According to a spokesman for the organization, none of the prosecutors in those cases faced any serious professional sanction.


  • A 2009 study (PDF) by the Northern California Innocence Project found 707 cases in which appeals courts had found prosecutor misconduct in the state between 1997 and 2009. But of the 4,741 attorneys the state bar disciplined over that period, just 10 were prosecutors. The study also found 67 prosecutors whom appeals courts had cited for multiple infractions. Only six were ever disciplined.


  • Most recently, in April, ProPublica published an investigation of 30 cases in New York City in which prosecutor misconduct had caused a conviction to be overturned. Only one prosecutor was significantly disciplined.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Mr. Lemons, Thanks for covering ER 3.8 ethics responsibility for prosecutors. Note that the MCAO Montgomery and his chief deputy (who was also Andrew Thomas chief deputy) Mark Faull say in their responses there are NO wrongful convictions in Arizona, no new evidence, no exculpatory evidence, AFTER the 9th Circuit Court Opinion overturning MIlke's conviction and sentence. The AG on the day of the deadline, May 20th, states there are NO Brady violations. The folks are being played for fools by these top law enforcers who have absolute immunity and are accountable to no one.


Time for TERM LIMITS for the Maricopa County Attorney and the Maricopa County Sheriff who have turned Arizona into a "prison state". If you think its not about you, think again. ALL are at risk to be thrown into Arizona "business model" --- a mass industrial prison complex.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them
http://www.huffingtonpost.com/2013/08/01/prosecutorial-misconduct-new-orleans-louisiana_n_3529891.html
FOLLOW:Supreme CourtVideoHarry Connick SrHarvey SilverglateInnocence ProjectJohn ThompsonNew Orleans District AttorneyOrleans ParishProsecutor MisconductAbsolute ImmunityCriminal JusticeHuffmagProsecutorial ImmunityProsecutorial Misconduct,Prosecutorial Misconduct LouisianaProsecutorial Misconduct New OrleansSam DaltonShareef CousinPolitics News"NEW ORLEANS -- Some questions seem particularly prone to set John Thompson off. Here's one he gets a lot: Have the prosecutors who sent him to death row ever apologized?

"Sorry? For what?" says Thompson. The 49-year-old is lean, almost skinny. He wears jeans, a T-shirt and running shoes and sports a thin mustache and soul patch, both stippled with gray. "You tell me that. Tell me what the hell would they be sorry for. They tried to kill me. To apologize would mean they're admitting the system is broken." His voice has been gradually increasing in volume. He's nearly yelling now. "That everyone around them is broken. It's the same motherfucking system that's protecting them."

Eleanor_Holguin
Eleanor_Holguin

Of course he does. Most unethical people don't want real justice.

Swoosh
Swoosh

This is a prime reason why I do not vote for Democrips or Rebloodicans.  Thank You Mr. Montgomery for showing exactly who I always knew you were.

danzigsdaddy
danzigsdaddy topcommenter

so Monty doesnt want evidence that clears people to be reviewed or brought to light? he doesnt want people who are wrongly convicted to be able to clear their names? thats about par for the course in Maricopa county these days. Justice isnt just blind, she's being gagged and beaten too

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

And where are the Conviction Integrity Units in Maricopa County, Arizona?


Dual Personalities Emerge in Wrongful Conviction Cases
http://www.huffingtonpost.com/david-protess/wrongful-conviction-cases_b_3039464.htmlDavid Protess | Posted 06.09.2013 | Chicago Read More: Exoneration, David Ranta, Craig Watkins, Wrongful Conviction, Chicago News, Jonathan Moore, Charles Hynes, Anita Alvarez, Aurora Police Department, Chicago News

"Law enforcement agencies across the country are increasingly reviewing old cases and proudly reporting their mistakes. Prosecutors have launched conviction integrity units in San Jose, Dallas, Houston, Chicago, Lake County (IL), Manhattan and Brooklyn."


"In 2012, law enforcement was actively involved in 34 exonerations, according to a recently updated report by researchers at the University of Michigan and Northwestern University. For the first time since the researchers began tracking exonerations in 1989, a majority (54 percent) of the innocent prisoners cleared last year benefited from the active cooperation of police and prosecutors. That compares to an average of 20-30 percent in most of the preceding 24 years.

This trend "may reflect a change in climate, a growing recognition by prosecutors and other law enforcement officers that false convictions are a serious problem that they need to address," the researchers concluded."

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Has an prosecutor from the Maricopa County Attorney's office ever shown this kind of integrity? 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

AZ: ex-MCAO DCA Aubuchon, chief charging prosecutor for Andrew Thomas; officially disbarred - violated ER 3.8(a) Ethics responsibility for prosecutors

http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2013/SB-12-0035-AP.pdf

"For the reasons previously explained regarding Judge O’Neil’s ruling on the number of character witnesses permitted, we reject Aubuchon’s argument on that point. See supra ¶ 20.

¶57 We also reject Aubuchon’s remaining arguments. The panel found that Aubuchon’s lack of a prior disciplinary record was a mitigating circumstance, so her argument that the panel failed to credit this fact is baseless. And although witnesses testified to Aubuchon’s good character, the panel was justified in not finding this a mitigating circumstance in light of evidence regarding the events underlying these proceedings, which reflected poorly on her character. Finally, the manner in which the disciplinary proceedings were initiated has no bearing on whether the presumptive sanction of disbarment is appropriate.

¶58 Aubuchon’s most serious misconduct was filing a criminal complaint against Judge Donahoe in violation of ER 3.8(a) and engaging in conduct prejudicial to the administration of justice in violation of ER 8.4(d). Although the panel properly found that Aubuchon also violated several other ERs, we consider those particular violations the most egregious in light of the public trust placed in prosecutors to wield their considerable power fairly and for the public good. After considering Aubuchon’s mental state when engaging in the misconduct, the potential and actual injuries suffered, and the aggravating and mitigating circumstances, we are compelled to impose the presumptive sanction.

¶59We order Aubuchon disbarred.

* Chief Justice Rebecca White Berch recused herself from this case. Pursuant to Article 6, Section 3 of the Arizona Constitution, the Honorable Lawrence F. Winthrop, Judge of the Court of Appeals, Division One, was designated to sit in this matter."


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

How about ending the Death Penalty boondoggle that is used as tool by politicians for political and financial gain. The DP does not deter heinous crimes which continue daily. Torture by our government is a heinous crime.

Execution by the state, is murder by the state. An "eye for an eye" Old Testament?

Other conservative states are reforming laws, getting rid of Super Max prisons, reforming sentencing and saving taxpayers hundreds of millions of dollars that could be used for education, job training, rehabilitation and building stronger communities, while Arizona takes the state backwards.

shadeaux14
shadeaux14

@azwi What integrity? He would have to have some in order for it to be questioned.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

... or is the problem because MCAO Montgomery is an elected politician, who serves his political agenda rather than as a 'minister of justice"? Time to end "politicized justice"

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

"The costs of the prolonged criminal litigation that prosecutorial misconduct can entail are staggering, through retrials—some defendants were tried as many as four times—and multiple appeals." from Preventable Error..." (see link below)

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@maz2331DECEMBER 11, 2010 09:54

In Wake of Glover Verdict, What's Next for New Orleans' Troubled Police Force

"I've been reporting in New Orleans for more than three years, and I can say I've never encountered more people who are terrified of the police. Looking at the sad and awful death of Henry Glover, it's easy to see why."

Click here to read ProPublica reporter A.C. Thompson's reflection and analysis of the Glover verdict. In 2008, Thompson's initial investigation story of Glover's death sparked the federal investigation into the case.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@maz2331

Given to the Maricopa County Attorney's office in 2010 and ignored:

"PM – Preventable Error: A Report on Prosecutorial Misconduct in California" began the wave growing public awareness of prosecutorial misconduct.
http://www.veritasinitiative.org/our-work/prosecutorial-misconduct/pm-preventable-error-a-report-on-prosecutorial-misconduct-in-california/

Get the Report

Read Endorsements for the Report

"The report Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009 marks the launch of the Veritas Initiative, NCIP’s investigative watchdog organization devoted to advancing the integrity of our justice system through research and data-driven reform, using the work of our preeminent experts in the field. By shining a light on issues like prosecutorial misconduct, the Veritas Initiative and the studies it publishes will serve as a catalyst for reform.
What We Do and Who We Are

What we do:

The costs of the prolonged criminal litigation that prosecutorial misconduct can entail are staggering, through retrials—some defendants were tried as many as four times—and multiple appeals.

This initiative is an investigative watchdog devoted to advancing the integrity of our justice system through research and data-driven reform. Using the work of preeminent experts in the field from the highly respected legal resource, the Northern California Innocence Project, this group is working to shine a light on our justice system to ensure fairness and accountability.

The research on prosecutorial accountability is the most comprehensive, up-to-date, quantitative and actionable study on how attorney accountability plays a part in wrongful conviction. Using the work of Kathleen Ridolif and Maurice Possley, preeminent experts in the field, it assesses and measures attorney accountability in California justice system, identifying flaws and recommending remedies.

This research is only the first step to addressing flaws in our system and taking meaningful action to ensure accountability and fairness in our system."

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@maz2331

Sunbelt Justice: Arizona and the Transformation of American Punishment - Mona Lynch


http://www.sup.org/book.cgi?id=17521

"In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are held in state and federal prisons. Arizona's Department of Corrections came of age just as this shift toward prison warehousing began, and soon led the pack in using punitive incarceration in response to crime. Sunbelt Justice looks at the development of Arizona's punishment politics, policies, and practices, and brings to light just how and why we have become a mass incarceration nation." 


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@timdlittle  He had a chance to "right the wrongs" but we guess the $500,000 from the Maricopa County Sheriff arpaio's campaign $$$'s, speaks volumes.  There is no fair justice system in Arizona until the DOJ and the public deal with this non-existant justice system. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Gary Watermantruthseekeraz


PROCESS TAKES "TOO LONG".....  HORNE CONSIDERS LEGAL ACTION IN ATTEMPT TO SPEED UP DEATH PENALTY CASES 


By Gary Grado - gary.grado@azcapitoltimes.com   Published: August 5, 2013 at 9:18 am

"The 11 convicted killers Arizona has executed since 2010 spent an average of 22 years on death row.


Attorney General Tom Horne thinks that is too long.

He also thinks suing the federal government will speed up the process, but others say that a successful lawsuit would bring few or no gains because Arizona lacks criminal defense attorneys who are qualified to do proceedings known as capital post-conviction relief and are willing to do it for $100 an hour, the rate set in statute.

That has historically left the Arizona Supreme Court scrambling to find enough attorneys to handle the constant stream of death cases.

The result, at times, has been the appointment of unqualified lawyers.

The median hourly rate for an Arizona attorney is $250 and the average is $280, according the State Bar of Arizona’s 2013 Economics of Law Practice survey."..... 


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Karyl Krug

truthseekeraz

PROCESS TAKES "TOO LONG".....  HORNE CONSIDERS LEGAL ACTION IN ATTEMPT TO SPEED UP DEATH PENALTY CASES 


By Gary Grado - gary.grado@azcapitoltimes.com   Published: August 5, 2013 at 9:18 am

"The 11 convicted killers Arizona has executed since 2010 spent an average of 22 years on death row.


Attorney General Tom Horne thinks that is too long.

He also thinks suing the federal government will speed up the process, but others say that a successful lawsuit would bring few or no gains because Arizona lacks criminal defense attorneys who are qualified to do proceedings known as capital post-conviction relief and are willing to do it for $100 an hour, the rate set in statute.

That has historically left the Arizona Supreme Court scrambling to find enough attorneys to handle the constant stream of death cases.

The result, at times, has been the appointment of unqualified lawyers.

The median hourly rate for an Arizona attorney is $250 and the average is $280, according the State Bar of Arizona’s 2013 Economics of Law Practice survey."..... 


Eleanor_Holguin
Eleanor_Holguin

@Karyl Krug If the statute of limitations hasn't expired I would recommend you find a good, ethical attorney. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@danzigsdaddy

In a civil society, what man or woman has the right to play God with another person's life?   Especially, a political and elected official who have an agenda?

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

1% of 200,000 FELONY CASES = 2,000 possibly innocent and wrongfully convicted (since 2005, one term in office). That's a lot of lives and families destroyed by the MCAO. Time for an outside independent investigation.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

"The costs of the prolonged criminal litigation that prosecutorial misconduct can entail are staggering, through retrials—some defendants were tried as many as four times—and multiple appeals." from Preventable Error..." by Law Professor Kathleen Ridolfi and Maurice Possley, investigative journalist.

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