Bill Montgomery Defends Arpaio From "Reckless" Justice Department; Feds Claim New Evidence of Botched Sex-Crimes Investigations

Categories: Monty's World

austin roy 1.jpg
Roy Austin
Maricopa County Attorney Bill Montgomery today released letters that show his defense of Sheriff Joe Arpaio from what he calls a "reckless" Justice Department.

One of the letters, by deputy assistant Attorney General Roy Austin, also states that the feds have discovered new evidence that Arpaio's office botched sex-crimes investigations.

The April 3rd letter by Austin accuses Arpaio of "not negotiating in good faith," which is the reason talks over the DOJ's racial-profiling findings have been stalled.

The widespread discrimination discovered in the DOJ probe "continue to negatively impact the lives" of county residents," Austin writes. "For example, since our findings letter, we have discovered additional information supporting our serious concerns with MCSO's failure to reasonably investigate sex crimes and we intend to seek reform in this area."

Maricopa County Attorney Bill Montgomery
Montgomery, a staunch Arpaio ally, reiterated his previous demands for the DOJ to release more information about its findings. Absent the info he wants, it's "reckless" of the DOJ to assert Arpaio is negatively affecting residents. He then demands the DOJ's new evidence on the botched sex-crimes, saying the feds' failure to release it immediately could jeopardize potential prosecutions.

All that's missing is a cheer at the end: GO ARPAIO!

Check out the letters below:

Letter from Austin to Arpaio's lawyer, Joseph Popolizio.

Letter from Montgomery to Austin.


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108 comments
anon13
anon13

http://prisonlaw.wordpress.com/2011/07/18/new-study-prosecutors-not-police-have-driven-prison-population-growth/

 

New Study: Prosecutors, Not Police, Have Driven Prison Population Growth

 

"The United States prison population has exploded over the past 40 years. But why? Have police been making more arrests? Have prosecutors been charging more people with crimes? Have judges been issuing longer sentences? Have parole boards become stricter? (All of the above?) Since many accounts of mass incarceration collapse “the criminal justice system” into a single monolith, it can be hard to know exactly what part of the system has driven the growth in the prison population.

 

A new empirical study by Fordham law professor John Pfaff aims to provide a more granular explanation of the causes of mass incarceration. Pfaff concludes that only one other relevant number has changed as dramatically as the prison population has: the number of felony case filings per arrest. In other words, police haven’t been arresting more people:

 

[B]etween 1982 and 1995, arrests rose by 26% (from 3,261,613 to 4,118,039) while mean [prison] admissions rose by 149% (from 212,415 to 530,642); between 1995 and 2007, arrests fell by 28.6% while admissions rose by another 31.9%. It is thus clear that arrests are not driving the growth in incarceration—and by extension neither are trends in crime levels, since their effect is wholly mediated by these arrest rates." 

Rather, prosecutors have become more likely to charge those arrested with crimes: 

[U]nlike the volume of arrests, that of felony case filings tracks the number of admissions quite closely. In the twenty‐six states that provide reliable felony filing data to the National Center on State Courts, between 1987 and 2006 filings grow by 129% (from 772,042 to 1,767,202) while admissions grow by an almost‐identical 132% (from 205,733 to 476,754). The decision to file charges thus appears to be at the heart of prison growth. 

 

Coz
Coz

Ya think, LOL...so true.

Coz
Coz

After living in Arizona for the last 14 years, I have lost all respect
for politicians, courts, judges, county attorneys and for the most part
law enforcement.

Too many times I've watched lives get destroyed and people go to prison
for far less than what these elected criminals get away with.

How can you respect any of these slimeballs when they are themselves
worse than the people they send to prison every day with their wrapped
since of justice. They just continue to make a mockery of any sense of
the word justice all the while pissing down your back and telling you
it's raining.

You are totally correct, they break the law and then hide behind the
color of the law protecting themselves from being held accountable like
anyone else would be.

You just gotta hope there's a special place in HELL for these slimeballs.

Anon2
Anon2

Didn't the Sheriff contribute millions to Montgomery's campaign in attack ads against his opponent, Rick Romley (enemy of arpaio)? Just wondering.

FormerRepublican
FormerRepublican

Wasn't Marty Atencio tasered and murdered on intake the Madison Street jail on the same day the DOJ letter is sent to Montgomery along with the Homeland Security letter? And who is "reckless"?  We call Marty's death watched on video -- MURDER. Who even has credibility in the state of Arizona? 

EleanorRigby
EleanorRigby

If, as all the right wing Fascists claim, this is the greatest country on earth, then Andrew Thomas would already be in a Federal prison, fuck disbarment and Joe and his newest criminal stooge with a law degree would be close behind. For all the hatred they show for Obama, he is their best friend. In a just society, which is what this corrupt fucking country claims to be, these "people" would be treated as and acknowledged for what they are criminals acting under the color and protection of law.

Gerry_C
Gerry_C

I was hopeful that Montgomery would be a man of integrity and honor.  I actually believed that he would be and thought he was heading that way.  More recently, I realize that my hopes are gone.

Coz
Coz

Montgomery is nothing more than a Bozo Joe Bitch Boy.

Chad Snow
Chad Snow

"Criminal conduct has occured" at the Sheriff's office - Loretta Barkell, Former CFO of MCSO

"Wilful, criminal acts took place" at MCSO - Chief Deputy Frank Munnell

"I will no longer sit idly by and watch Sheriff Arpaio ABUSE HIS POWER" - Sheila Polk, Yavapai County Attorney

And what have we heard from Bill Montgomery about these claims from inside the Sheriff's office of criminal activity?  CRICKETS. 

Chad Snow
Chad Snow

This is the same Bill Montgomery who promised Tea Party groups during the election that he would do everything in his power to "protect" Sheriff Arpaio. 

Montgomery seems to have the mistaken impression that he only has to investigate and prosecute crimes that happened AFTER November of 2010. 

Seedy Ward
Seedy Ward

How is it that all of these Republican LE/prosecutor types in our state seem to be corrupt? Is the Republican Party incapable of fielding honest, stand-up people for these positions? Seriously, one or two corrupt officials every now and then are to be expected. This, though, looks like a Chicago style parade of corruption. I can understand mentally deficient voters voting these bastards in, but how do they make the ballot in the first place? This has definitely reached the level of statistical significance.

Tommy Collins
Tommy Collins

Bill Montgomery, Potential Candidate for County Attorney, Caught Dissing Sheriff Arpaio on Tape, County Says

Image: www.montgomery2010.com

Bill Montgomery, an exploratory candidate for Maricopa County
Attorney, reportedly told Supervisor Don Stapley that hanging out with
Sheriff Arpaio was like being at a "nursing home." ?

The link seems to be dead due to the article dating to April 28, 2010.

The headline and intro seem to tell the story. Basically, (correct me if my memory is wrong, Mr. Stern) Montgomery met with Mr. Stapley and Mr. Stapley's assistant for the purpose of trying to be appointed as interim county attorney when Andy Thomas resigned to run for attorney general.

The meeting was tape recorded without the knowledge of Mr. Montgomery by one of the other participants (legal in most states) and Mr. Montgomery made some very unflattering statements about the sheriff.

Now that he's been elected, due mostly to the corrupt election engineering by the very same sheriff, it appears Mr. Montgomery feels the need to pay back the political favor. Or, conversely, Mr. Montgomery is pressuring the feds simply to make them act to get rid of the sheriff so that Maricopa County Board of Supervisors can bring in an interim sheriff for the remainder of the current term (calendar 2012).

So, in my opinion Mr. Montgomery is (1) simply a political concubine for the sheriff, or (2) he's stupid like a fox.

Maybe this is the only way Mr. Montgomery can think of to deal with the old goat, and save face at the same time.

Joemama
Joemama

I would say dumping 2,000 assault rifles onto the black market is reckless... I would say when the ATF is trying to catch FBI informants in the same sting...You have nothing less than Barnum & Baily meets Ringling Bros clown circus convention! Joe has his problems but the Feds?  Put it this way...29 hijackers, 4 of them on a watch list BEFORE entering the USA...They ALL want to be pilots...but NONE are concerned about LANDING the plane...

You can't fix stupid!

LD19 Resident
LD19 Resident

Monty needs to work for the taxpayers of Maricopa County and not the Flaccid Failure.

The MCSO shurf got himself, his corrupt office, and his corrupt deputies (save for the few of them that are actually professional) into this pot of shit through their actions. This is the reason why the DOJ is even in Maricopa County trying to fix the corrupt MCSO.

I think Monty needs to be hauled before the state Bar for aiding and abetting a felon and covering up the Legislatures' corrupt actions, including covering Pearce's sorry, corrupt ass. Then Monty needs to be criminally indicted by the feds and disbarred.

Church Lady
Church Lady

Montgomery you are on my "shit list". 

majii
majii

I can well imagine that neither Arpaio nor any of his supporters will ever admit that the Bush DOJ began investigating him in 2008.  Nah, that's not what they'll harp on and on about because it doesn't fit into their agenda of claiming that the Obama administration is conducting a "witch hunt" on him.

"Both blame the investigation on a left-wing conspiracy among U.S.
Attorney Dennis Burke, Homeland Security Secretary Janet Napolitano and
the White House.
But The Arizona Republic has learned that the first
steps leading to the grand-jury proceedings actually occurred in the
fall of 2008 during the last months of the Bush administration.
According to sources close to the case, documents, and interviews with
those involved, the investigation was sparked by a separate
confrontation between the Sheriff's Office and Phoenix Mayor Phil Gordon
- not Maricopa County supervisors."
Read more: http://www.azcentral.com/news/...

Gusto
Gusto

This investigation has gone on and on and on and on. Didn't anyone else expect that this would be Montgomery's take on the situation?

I am sure that from the list of atrocities, neglect and everything else Arpaio has 'accomplished' an indictment could have been handed out long long ago. How many articles have we read about the latest actions and stunts Arpaio pulled that would have had other law enforcement guys arrested on the spot? But they just let Arpaio slide along, I can think of at least ten different things that he should have been knocked off his perch for.

But, no. And why? A lot of it, I think, has to do with the political asperations of others such as Janet Napolitano to attain governorship without Arpaio pulling thise damning smear papers he has on her out of his locked desk drawer. And when she left Arizona, she left it for good.

If politicians thought more about citizens and less about being taken down by Arpaio, this would have been settled years ago.

Arpaio obviously has something on Montgomery. Just like he did on Paul Babeau - and why he chose Babeau for the 'independent' investigation.

Tina
Tina

Yep, it's payback time.  Niontgomery s corruptible, not someone feared by Arpaio, but just in case Montgomery had SOME ethics,
Arpaio concocted those 2010 patently unlawful (and dishonest) anti-Romley TV campaign ads, hit pieces directlly benefitting Mongomery.  Arpaio was "investing" in Montgomery.  (If you can't fight'em, buy 'em.)  and Mongomery is making an ass out of himself with his idiotic letters of inquiry to the DOJ.  He does nothing buy display his ignorance about the history and operational procedures of the Dept. of Justice.  

Phoenix Justice
Phoenix Justice

Does C.A. Montgomery not understand that its never a good thing to attach your political future to that of a politician under federal investigation?

DNichols
DNichols

Arpaio says "Not on my watch" regarding Monitors at his Corrupt, and Racist M.C.S.O.

When asked under oath about Massive Corruption, and Racial Profiling, Arpaio responds, "He was not aware of any Corruption, and that he needed to Watch his men closer."

Yes Arpaio Watching your Men is your "Watch", You have Failed your "Watch"!

You even Admitted your Failure under Oath!

Please D.O.J. Give Arpaio his Evidence in the form of an Indictment for his many Crimes, including the ones against "Humanity"!

To: Justice.

Bnbk
Bnbk

NO Montgomery,what is inexcusable is you turning a blind eye to all the corruption & crimes being committed by your political buddies. You,along with many of your Republi-Con friends chose to ignore all the lawbreaking & rights violations being committed by the senile Maricopa County Sheriff. Now you ask the DOJ to turn over evidence which you obviously where incapable or unwilling to discover yourself. I say tough titty to that.............I hope the DOJ's investigation reaches all the way to your office,as well as Horne's.

Coz
Coz

Great report, I'm sure the numbers are far worse in Arizona.

Coz
Coz

After living in Arizona for the last 14 years, I have lost all respect for politicians, courts, judges, county attorneys and for the most part law enforcement.

Too many times I've watched lives get destroyed and people go to prison for far less than what these elected criminals get away with.

How can you respect any of these slimeballs when they are themselves worse than the people they send to prison every day with their wrapped since of justice. They just continue to make a mockery of any sense of the word justice all the while pissing down your back and telling you it's raining.

You are totally correct, they break the law and then hide behind the color of the law protecting themselves from being held accountable like anyone else would be.

You just gotta hope there's a special place in HELL for these slimeballs.

FormerRepublican
FormerRepublican

EleanorRigby, Once again. You are spot-on. Greatly appreciate your well-informed comments which educate the public. 

Paula Pennypacker
Paula Pennypacker

I too thought Montgomery was a man of integrity! Not anymore. He is totally sold out

Coz
Coz

They isn't a politician out there with any honor or integrity.

LD19 Resident
LD19 Resident

And we have none other than the MCSO shurf to thank for your hopes dissipating.

That's why the DOJ is investigating the sex-crimes the Old Fool didn't even bother to investigate.

That's why the MCSO shurf remains under federal grand-jury investigation for criminal abuse of power.

That's why we have the Flaccid Failure essentially buying elections.  

Tommy Collins
Tommy Collins

 Gerry, you were more optimistic than me. Once he turned tide after bad mouthing the shurf and let the shurf run his campaign I assumed he was using copious amounts of adult lubricant just to be able to walk without veering off course.

I once thought he might be a smart man, but it appears he is just a cagey politician, instead.

In a state of cagey politicians. Dime a dozen they are, and none of them worth a thin penny or a strong spit in a hurricane.

LD19 Resident
LD19 Resident

MontyPug is just a cowardly, scared fool.

He does deserve credit for his time in the Army though.  

mikefrombisbee
mikefrombisbee

 He's a lap poodle for Arapio. The court eunuch (pun intended).

Anon
Anon

Joined-at-the-hip like Thomas.

FormerRepublican
FormerRepublican

A new DA/county attorney should certainly be doing an investigation of the over 200,000 felony cases ex-MCAO Thomas bragged about having, during his unsuccessful run in the state AG GOP Primary -- since Thomas is facing possible disbarment for abuse of power. 

Incoming, Dallas DA Craig Watkins came into office, reopened cases and found hundreds of wrongful convictions, over-sentenced (silenced for years) and many were exonerated. The fact that there has not even been a discussion or dialog on this in Maricopa County after Thomas abuse of power makes one wonder if there is a cover-up. This should NOT be business as usual and "clearing" cases off his desk. He has had enough time to make this a priority but now shows who he is.

These Thomas/Aubuchon/Alexander cases since January 2005, demand outside independent investigation for possible wrongful convictions and wrongful imprisonment of the innocent.  If MCAO Montgomery won't do the job, the FBI should. Research Dallas County and Texas wrongful convictions -- Rick Perry executing the innocent -- should raise many questions?? Who is going to do something?

Anon
Anon

When he lies his face turns red.

Johnny Skee Mask
Johnny Skee Mask

 I remember reading about those comments from that Monti-poodle boy. Note that your link may be dead, but the cache is still there. There is a conflict of interests in all of this. Which may explain why Monti-pooch went out and about spouting off his nonsense towards the Federals. Otherwise the MCAO top dawg would have no problem with the Feds investigation into his flabbergasted sidekick over at the MCSO. Knowing the severity and scope of the crimes committed by the old fool. His ass is also on the line.

Triple-6 Gun Mane
Triple-6 Gun Mane

He's a Republican. They are the weakest link. They can't keep "politics" out of law enforcement. Everything with them, has to be "political". It's like a disease.

Triple-6 Gun Mane
Triple-6 Gun Mane

What I find amusing is the FBI's thus supposedly investigation into T-Horne's office, relating to possible ethics campaign violations. Yet, the FBI skips the bigger fish to fry:

Sheriff Arpayso.

The corruption by the Sheriffs Office is whimsical, compared to that of A.G.. Why would the FBI pass the MCSO media whore is beyond me.

LD19 Resident
LD19 Resident

I hear the DOJ is in fact investigating Horne for none other than election fraud and campaign-finance laws. Hence the reason he cries conflict of interest with each and every case that comes into the AG's Office.  

Hopefully they nail the imbecile's ass to the wall. Then comes Horne's disbarment proceedings and eventual disbarment. 

LD19 Resident
LD19 Resident

I read somewhere, I think it may have been azcentral.com,  that Arizona got a "D" in terms of political corruption.

Personally, whoever issued the state that grade was clearly on crack.

This state has the most blatant corruption I have ever seen.

Prosecutors and police run amok.

The State Legislature that finds ways to oppress the peoples' Constitutional rights while claiming they love and support the Constitution.

A governor who's a drunk and has did what's best only for herself and her Republican buddies.

An attorney general who cries conflict of interest at each and every case submitted to his office.

And this state got a "D" in terms of corruption?!?  LOL...

LD19 Resident
LD19 Resident

If mistakes were made during a prosecution, and the defendant can prove it,  then the state, not the county, should be held liable for paying the resulting lawsuit. Immunity should apply because the state, at the time the charges were filed, obviously had reason to believe that the person being charged had committed a crime.

If the intent of the prosecutor was to embarrass a potential defendant with fictitious criminal charges (Judge Donahoe, for example) then absolute immunity should NOT apply and the prosecutor, without the shield of immunity, should be held personally liable for the damages suffered by the aggrieved party.

Coz
Coz

 ...and I still don't have a clue why people refer to Judges as honorable when I see very little honor in any of them when they continually allow this to go on.

Coz
Coz

Absolutely....there is no such thing as justice when prosecutors are allowed to break the law with impunity. Which happens continually.

They need to suffer the same consequences as anyone else does including being sent to prison.

LD19 Resident
LD19 Resident

Paula, MontyPug doesn't even know what the word "integrity" means. He should, given he was in the Army and integrity is one of the Army's 7 core values.

However, MontyPug DOES know what the phrase "bought and paid for politician" means. It means selling out the taxpayers you work for in order to protect and cover up gargantuan amounts of corruption and crimes committed by your fellow criminals.

MontyPug needs to be disbarred. Today.

Anon
Anon

Instead of "cagey", I would use "arrogant" to describe he and his entourage at meetings, hearings and debates.

Anon
Anon

A "thomas" clone.

Coz
Coz

They would sell their mother to get elected.

Coz
Coz

The report was actually based on the "Tendency for Corruption"

LOL...We've long gone past the "Tendency" are and are now into the full blown in your face corruption part.

Coz
Coz

The state is the prosecutor and by the prosecutors actions is what causes the harm to begin with.

I believe the prosecutor should share in equal responsibility since he or she could have stopped the proceedings and told the truth.

I would also think that it should also be deemed as some part of perjury on the prosecutors part.

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