Sheriff Arpaio Can be Deposed in Lawsuit by Ex-K9 Cop Thomas Lovejoy; Arpaio Continues to Deny Decision-Making Responsibility

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Maricopa County Sheriff Joe Arpaio can be deposed in a lawsuit against him by Chandler police officer Thomas Lovejoy, an ex-K9 cop who let his dog die in a hot car.


U.S. District Judge Neil Wake ruled this week in a dispute over the demand by Lovejoy's attorney, Mike Manning, that Arpaio be interviewed. In Thursday's order, Wake told the lawyers that he rejects the idea that Arpaio can't be deposed, and he instructed the lawyers to confer on the details of the planned deposition. If they can't agree on the details, Arpaio's lawyers can file another briefing to Wake by May 6. The case has already dragged on for two years.


Wake's latest order was in response to a official court statement this week by the lawyers on both sides about the dispute.


    

Thomas Lovejoy

Arpaio doesn't think he should be deposed "becasue he claims to have had virtually no involvement in the investigation and arrest of Sgt. Lovejoy and no firsthand knowledge of anything relevant to this matter," Manning argues in the statement.


In fact, Lovejoy's attorney states, Arpaio was directly involved.


Manning then briefly describes why -- and his argument makes perfect sense.


Recall that the Lovejoy's case was extremely well-publicized back in 2008, an election year for both Arpaio and former County Attorney Andrew Thomas. The law enforcement duo, hell-bent on portraying themselves to the public as corruption fighters, went after Lovejoy with obvious zeal. But, as Manning argues, they did that in spite of objections by prosecutors in Thomas' office.


Manning says the prosecutors assigned to the case have testified that they requested further review of the incident, "because they did not feel they had probable cause to continue to the proseuction, (but) that the request was denied and that subsequently Lisa Aubuchon took the case to trial and lost."


Aubuchon, remember, was Thomas' attack-dog deputy county attorney who was assigned to handle her boss' most sensitive political cases. Both Aubucon and Thomas are now in the fight of their lives to prevent being disbarred over wide-ranging allegationis that they failed to practice law ethically.


Thomas, Manning asserts, admitted that it was his decision to deny his underlings' request for an incident review, but his memory of the circumstances of the case under questioning by Lovejoy's attorneys "was practically absent."


Thomas "did recall discussing the case with the Sheriff throughout the prosecution, but can remember no specifics of the conversation."


Well, isn't that frickin' convenient! Since Thomas is acting like he downed a bottle of roofies about conversations with Arpaio about Lovejoy, then clearly the sheriff needs to have his own brain picked. (Naturally, though, the chances are higher that Arpaio will suffer even more acute senior moments when it comes to dredging up the gist of those conversations.)


Scott Zwillinger, Arpaio's attorney, argues in the joint statement that Arpaio should not be desposed because it's a waste of the sheriff's precious time. Only in "extraordinary circumstances" should a high-ranking official like Arpaio be "burdened" with giving a desposition, and those circumstances haven't been shown, Zwillinger claims.


Besides, Arpaio's side says, members of Arpaio's animal cruelty unit "will confirm that the decision to arrest Sgt. Lovejoy was theirs alone." Deputy Chief David Trombi took full responsibility for the decision back in 2008, media reports show.


Manning doesn't buy Arpaio's "I'm not responsible" line any more than you do.


But more than that, a recent federal court order by U.S. District Judge David Campbell in the Julio Mora racial profiling case states that the Lovejoy case has already decided the issue.

"It is well settled that 'Sheriff Arpaio is a final policymaker for Maricopa County
in the context of criminal law enforcement,'" Campbell wrote.

Arpaio can run from responsibility as his office's chief decision-maker on law enforcement issues, but he can't hide.



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22 comments
Not surprised
Not surprised

Arpaio hasn't run the MCSO for years, so camera ops aside, he has plenty of time.

wherewasi
wherewasi

I think we need to pool our resources and write 4-part book:

1.) Joe's Law II - The Little Man In Front of the Big Camera

2.) Pinocchio II - What Happens When Gepetto Becomes Hungry for Power and Fame

3.) The Misadventures of Lovely Miss Lisa

4.) David's Song - When The Fall Guy Sings

Jason
Jason

Not only did Lisa Aubuchon personally tell me that she prosecuted Sgt. Lovejoy, she also stated that the Flaccid Fool was behind every decision made in the case. Mr. Manning, who is currently representing Judge Donahoe, Sandi Wilson, and Susan Schuerman, has and makes excellent points and should again have no trouble scoring another Flaccid Fool created liability........

wherewasi
wherewasi

Hey Hendershott -

If you're reading this blog comment board, I just wanted to call your attention to the message I just left you on the blog titled "David Hendershott Used Position for financial gain, lied to Sheriff Arpaio ... "

wherewasi
wherewasi

"Well, isn't that frickin' convenient! Since Thomas is acting like he downed a bottle of roofies about conversations with Arpaio about Lovejoy, then clearly the sheriff needs to have his own brain picked."

ROTFL - I loved this line, Ray!

wherewasi
wherewasi

Ah, yes. I had forgotten. This was one of Lisa Aubuchon's little projects as well. Looks like she's getting her just reward. Acutally, I think she's the perfect candidate to plead for some mercy from the DOJ and roll over on Arpaio, Hendershott and Thomas.

Sheriff Joe is a waste of time
Sheriff Joe is a waste of time

Deposed ?Why not ?

Sheriff Joe is already detestable, despicable, deleterious, detrimental, delapidated and dishonorable, what's one more "de" word.He'e also arrogant, ignominious, contemptible, narcissistic, wasteful, wrathful, sneaky, childish, vindictive, intransigent, inconsequential, and incontinent. Did I miss anything ?

It's my understanding that Arpaio is also contemptuous of city police, regarding them as superfluous since he is the one who gets the job done... right, Sheriff Joe ?

A county sheriff has authority throughout the entire county, true, but his primary responsibilities are maintaining a presence in county islands and unincorporated areas, dispatching personnel to crime scenes expeditiously - not 18 minutes after a crime is reported.This in addition to custodializing folks during their trial process and squiring them to court.

Isn't Sheriff Joe a champion of the downtrodden canine ? Or are you going to tell me all those cheesy photo-ops with dogs and kittie cats are just to schmooze the blue hairs in Sun City ?

A dog is dead. A dog that was also a technical police officer. Depose thyself Joe Arpaio, your conscience demands it.

WhoKnows
WhoKnows

This was the case where Joke gladly put his mug in front of TV cameras and proclaimed "I ordered the arrest of Tom Lovejoy", and then, when he was to deposed in the actual case, planted his same ugly mug in front of the same TV cameras, in the same room and proclaimed "I had nothing to do with the arrest of Tom Lovejoy".

I recall when the second statement occurred, ch 12 had a repeating loop of the two statements.

Gerry_C
Gerry_C

'Thomas "did recall discussing the case with the Sheriff throughout the prosecution, but can remember no specifics of the conversation."'

Seems like this is a good time for Thomas to demonstrate some honesty. Just one more reason why he should not practice law.

Rob
Rob

Depose.

"Scott Zwillinger, Arpaio's attorney, argues in the joint statement that Arpaio should not be desposed because it's a waste of the sheriff's precious time."

Seriously? He said this? You gotta be making this part up Mr Stern. This is the same Joe Arpaio who does fly all over the country to give talks to senior citizens and tea party events that we are talking about, right? Same Joe Arpaio that spoke to the local baggers a couple weeks ago at the appropriately named "Feet to the Fire" event? About holding public officials accountable? The same Joe Arpaio who sends dozens of his deputies, top MCSO commanders,tanks and washed up has-been D-list actors to pop dry cleaners, pipe fitters and cock fighters, right? '

This is the same Joe Arpaio who doesn't have the time?

Just tell him a camera will be there. Guarantee he will find the time.

Jason
Jason

Wonder how many copies we'll sell. We need to recoup our money wasted by these clowns.....

Anon
Anon

if he can appear at the media event at the Cronkite School of Journalism, he can appear for a deposition. Who's paying for him to spew his propoganda?

wherewasi
wherewasi

Dave Hendershott called him "cunning" as well.

Docbob498th
Docbob498th

The only one you missed was sociopathic.

wherewasi
wherewasi

You beat me to it - I had to get home from work before I could post.

I clearly remember the Senile Old Coot looking into the camera, all sad and looking like he was fighting back alligator tears and saying "it was one of the hardest decisions I have ever had to make".

So Arpaio is lying to us. Again...

Start the deposition by showing him that video and ask him if it is him. He will say he can't recall.

Get him, Tom and Carolyn! Go for blood!

Gerry_C
Gerry_C

That is the one. He pressed it with statements of how he personally will not allow animal abuse, etc.

wherewasi
wherewasi

Rob - you need to get the facts straight.

I was ONE cock fighter. Singular.

ROTFL! Yeah, that's the Joe Arpaio he's talking about.

Sheriff Joe Is A Waste
Sheriff Joe Is A Waste

Anon,

I wish I could take you back in time for a quick trip to the MetroCenter. It was a particular Sunday afternoon that our superhero sheriff was there for a media event public book signing for his biographical piece of self promoting trash entitled, "Joe's Law".

Staged in the mall's southwest parking lot was the most unbelievable show of arrogance by a public official since the royal sedan chairs of ancient history.

That bloated malignancy of a sheriff brought with him at your expense every piece of equipment owned by MCSO and paid for by... Y O U !!!

MCSO's 35 ' Mobile Command Center10 Ford Crown Victorias, along with two vans, two SUVs, two off-road vehicles, two mounted units, a search & rescue unit, the MCSO helicopter, and, of course, the best of all... the "Official Sheriff Joe Army Surplus Tank". As you can guess this parade of narcissistic excess required a score or more of county deputies to man, all in uniform and all getting paid.To do n o t h i n g.

I have to ask why Arpaio would be interested in journalism school; the fucking idiot can't read, I'm assuming; at least he's never bothered to read the U.S. Constitution or The Bill of Rights.

Anon
Anon

Well said! Like your depo questions.

wherewasi
wherewasi

I think this a perfect example of a situation where his being a media whore is going to come back and bite him in the ass.

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