Justice Department to Bill Montgomery: What's Your Relationship With Joe Arpaio and MCSO?

Categories: Monty's World
billy-montgomery.jpg
Maricopa County Attorney Bill Montgomery
Last week, Maricopa County Attorney Bill Montgomery shipped off a letter to the Justice Department, demanding the department's evidence of botched sex crimes by the Maricopa County Sheriff's Office.

Montgomery wrote that withholding that evidence "may needlessly jeopardize prosecutions," and also asked for any evidence of racial profiling by the MCSO.

The Justice Department apparently thinks Montgomery's up to something, noting that Montgomery's requesting information "startlingly similar" to the requests from the Sheriff Joe Arpaio/MCSO defense team.

Aside from questioning a potential conflict of interest for Montgomery, the DOJ also gave a little explanation of how sex-crime prosecution works if Montgomery's really requesting the information for prosecution duties.

The letter from Deputy Assistant Attorney General Roy Austin, first obtained by the Arizona Republic, claims the Justice Department already told Montgomery that most of the information collected during the investigation of bungled sex crimes was either available through public sources or through the El Mirage Police Department.

"If you have not done so already, we encourage you to contact El Mirage for a complete set of their records," Austin writes. "We frankly assumed you have already obtained information from El Mirage and other publicly available sources.

"In addition, as the County Attorney, you presumably have greater access to MCSO and other county records than we do," Austin continues. "As such, it is inaccurate, perplexing, and disappointing that you would suggest we are somehow withholding evidence in the area, when we have already outlined are sources of information, which are narrower than yours."

Austin then goes on to explain to Montgomery exactly what the Justice Department's doing in the investigation of sex crimes at the sheriff's office -- the DOJ isn't deciding whether sex crimes are prosecutable, Austin says, but looking at whether the policing is in proper and Constitutional order.

Austin then again explains why there's an investigation involving bungled sex crimes, and why the system's currently not working.

"What has become apparent thus far from our review of sex crimes cases is that there are an alarmingly large number of cases involving serious allegations of sex crimes where MCSO either did no investigation, or a wholly inadequate investigation," he writes. "Sex crimes, like so many other crimes, require prompt attention so that evidence does not become stale. At a minimum, it is unclear to us what sorts of policies and practices MCSO had or has in place to investigate sex crimes."

If Montgomery really didn't know all of this, Austin points out the potential conflict of interest.

"Your requests for information are startlingly similar to the requests for information made by the MCSO lawyers as part of their preparation to defend against litigation," Austin writes. "Your information requests, including but not limited to your requests pertaining to sex crimes, highlight a potential conflict of interest between your role as defense counsel for the County and MCSO in civil matters and your role as chief prosecutor for victims of crime."

Austin also points out some smaller details, like meetings and correspondences, that don't make it seem as if Montgomery was previously disinterested in the material he's now requesting.

"The precise role of the County Attorney's Office with respect to the federal investigation of the MCSO remains unclear to us," Austin writes. "As you may know, during the course of our investigation, the County Attorney's Office has taken conflicting positions on its role in this investigation and its relationship to MCSO. It would be useful to obtain clarity on this important issue."

Plainly, Austin asks, "...[W]hat precisely is the relationship between the County Attorney's Office and MCSO in connection with this ongoing federal civil rights investigation of MCSO?"

Austin says the DOJ's civil rights division "would like to learn more about" the perceived conflict of interest -- which means this pen-pal saga will probably continue.

The letters referenced can be found below:

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

Letter from Montgomery to Austin.

Letter from Austin to Montgomery.


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44 comments
Pecee69
Pecee69

Quite a slap down, Montgomery better learn lessons from Andrew Thomas regarding entanglements with Arpaio and the MCSO.

Coz
Coz

Hey Montepoodle, Thomas got disbarred, you could be next.
Wake up fool.

Car_del99
Car_del99

I get what Monty is trying to do . DOJ would not give  the names of all witnesses   to the joker's defence team, He, would try to get them and give the list to the joker..The DOJ saw thru this game ..

gregg r
gregg r

i think if that gay looking idiot montgomery were that involved then prosecute the bastard.

Clarity
Clarity

Re: Andrew Thomas, I just finished reading every document on this page filed in relation to the Andrew Thomas Case coming up later today, (It's pretty late at the moment.);
http://www.azcourts.gov/mediar... 

And I have to say, the arguments put up by the expensive defense attorneys was pretty
weak. I have a pretty good idea of the big picture from a global perspective.

Some of the actions that make Thomas look bad was having the investigator followed,
and continuously repeating distortions throughout the hearing that were demonstrably 
false or obviously fabricated and or delusional at best.

I strongly suspect from what I know, after reading all the pleadings, that Thomas will
either get a 10 year suspension from practice, if that is at all possible, or will be
disbarred from the legal profession in Arizona.

The case against Andrew Thomas does not look good at all, even bleaker for Lisa Aubuchon,
who gets thrown under the bus in "Thomas Closing Argument" document.

The link to the live hearing can also be found at the top of this page when the hearing
begins at 9AM. I strongly suspect that Thomas and Aubuchon are not getting any sleep
tonight. They may sense the very same thing that I sense, the death knell tolling for their
careers.

I would hate to be in their shoes right now, it can't be a good feeling that's for sure.
But I believe the culpable fear they must be feeling justifies my conclusion that they will
be headed out the door minus law license numbers by early afternoon.

I suspect that if the judge's closing is long, it will end with severe penalties, most likely
disbarment. For your convenience here is the direct link to the live broadcast of the hearing
later today: http://www.azcourts.gov/pdj/Vi...

All of the proceeding documents can be found on this main page:
http://www.azcourts.gov/mediar... 

There are 17 documents in total. If your going to read them in their entirety I suggest you
start reading now, or else leave yourself at least 1 hour to skim them all over briefly.

Tomorrow should prove to be quite an interesting day, and hopefully a fruitful one! 

Celeste Pettijohn
Celeste Pettijohn

This is indeed the question that needs to be asked. Montgomery hasn't got clean hands here. He is showing signs of behaving like Thomas who will hopefully get his comeuppance tomorrow! We need the DOJ to sweep them all out of office

Coz
Coz

That's easy, Montepoodle bends over and Bozo Joe Arpaio rams it home...Montepoodle of course loving every minute of it.

>>Plainly, Austin asks, "...[W]hat precisely is the relationship between the County Attorney's Office and MCSO

Wanumba
Wanumba

Time for Joe to be publicly shamed, but his alzheimers "twin" will take the stand.  Send this drooling pig to prison!

Rob
Rob

"....your role as defense counsel for the County and MCSO in civil matters...".

Then why has Arpaio hired private attorneys to deal with the DoJ in the ongoing civil matter?

Phoenix Justice
Phoenix Justice

Mr. Austin,

Think you can tell us when the DOJ is going to do their fucking job and arrest Sheriff Arpaio and his co-conspirators?  Isn't 1211 days and counting more than enough time?

Rvhobo1954
Rvhobo1954

One might figure its county liability for Arpaio's mishandling of sex crime investigations, him and Montgomery get their pay checks from some pay master, Maricopa county tax payers who will end up on on the hook for Arpaio's incompentence and Montgomery's feeble attempt to protect the county hence Arpaio! I venture a guess someones going to have a very short career only time will tell, financial campaign law violations is what will undo Arpaio, one can only speculate what wll be Montgomery's undoing!

Not Surprised, Again
Not Surprised, Again

After reading the letters, it seems to me that Montgomery/Popolizio are working in conjunction attempting to create a conflict of interest/imped the federal case.

Wonder what Montgomery's and Arpaio's explainations are going to be when this moves beyond letters and negotiations and we (you, me, taxpayers and citizens of Maricopa County) face real consequences for their continued lying (they made a committment to procede/act in good faith) and stonewalling.

The Real David saint
The Real David saint

Austin makes a great point too..How can Monty be investigating the sex crimes when hes acting as if he knows nothing about them!?! Further, hes defending MCSO instead of the real victims of a crime, and since hes the prosecutor one would have to think any defense attorney would use that in a trial. 

LD19 Resident
LD19 Resident

MontyPug knew full well that the sex-crimes information was public-record, available to him under Arizona Revised Statute 39-121. Why he didn't request it is beyond me.

The DOJ is correct in telling MontyPug that he has a conflict of interest, which he does. MontyPug needs to tell the DOJ what his offices' position is regarding the MCSO.

MontyPug is correct in requesting supplemental information from the Justice Department to prosecute the sex crimes that actually can be prosecuted so that the county is shielded from liability for wrongful or malicious prosecution.

I think MontyPug needs to tell the DOJ that while he and the MCAO are not representing the MCSO shurf and the MCSO, the sex-crimes that can be prosecuted should be and with the help of the Justice Department, those rapists, child molesters and pedophiles can be locked up.  

Chad Snow
Chad Snow

We'll find out tomorrow morning at what cost a "conflict of interest" comes for a County Attorney joined at the hip to Joe Arpaio.  Montgomery should tread very lightly in light of what's about to come down on Thomas/Aubuchon. 

Tommy Collins
Tommy Collins

More wasted effort by DOJ while they think they are needing to 'play fairly' with MCSO and MCAO.

This will lead to another couple of weeks of stall tactics by MCSO. 

Adrian Cruz
Adrian Cruz

Relationship between Montgomery and MCSO? Monty is Arpaio's fluffer.

shadeaux14
shadeaux14

The "relationship" between Arpaio and Montgomery? Now that's a scary thought.
My question is, When all the MCSO shit finally hits the fan, will there be anybody left standing in County law enforcement?
 

Guest99
Guest99

Great work, Matt.

I am concerned that the County and/or County Attorney will not present your letter, and specific responses to your letter, to the public.
In their minds, it is better just to have a press conference and complain how unfair the DOJ is.

church lady
church lady

Montgomery, you need to clear the back blast zone.  Loss the picture, you look scarey.

Clarity
Clarity

Not to mention the dirty tricks Arpaio pulled with his "Advertising" in support of 
Montgomery. He then called it self promotion for his re-election bid. 

Strangely he has not done any more "Advertising" for his election since
then. Arpaio is probably the most corrupt of the entire pack of ravenous 
wolves he's been leading since this collection of conspiratorial corruption
began.

If anything, someone should be investigating the entire group of conspirators
in this bunch as a prelude to a RICO suit that would actually stick!

AZ FAIL
AZ FAIL

Indeed....Monty is indeed Joe's nasty little bitch, just like Candyass Andy was. And if he's not careful, he will suffer the same fate that Candyass Andy and his little minions will (hopefully) suffer tomorrow.

Karma is a dish best served cold.  

Tommy Collins
Tommy Collins

 That is always such a good question. It's almost like the shurf doesn't think the MCAO staff is qualified or dishonest enough to represent MCSO...

LD19 Resident
LD19 Resident

Because Arpaio enjoys costing Maricopa County taxpayers a shitload of money to defend himself against his undefendable lawsuits. 

LD19 Resident
LD19 Resident

It's all about the politics.

This is an election year and President Obama wants to court the Latino vote...but he doesn't want to go after Joe Arpaio... Sad...

Coz
Coz

Until Monte starts showing some actual integrity with many of the laws Arpaio and his fellow Republicans have broken, anyone would be a fool to trust Montepoodle to ever do the right thing with any information received.

Tommy Collins
Tommy Collins

 Tomorrow is going to be a very good day for Maricopa County and Arizona. A small step, but at least one.

LD19 Resident
LD19 Resident

Monty should be worrying about facing the same music as Thomas and Aubuchon...

Coz
Coz

Totally and lets hope so.

Coz
Coz

That started way back when Romley finally grew a pair of balls and challenged Arpaio.

Arpaio claimed conflict of interest and the Board of Stupidvisors had to hire outside counsel for Arpaio and his Goons, if I remember correctly.

azlefty
azlefty

No it's about the  rule of laws something that  seems not to  be understood in Maricopa county

Tommy Collins
Tommy Collins

 Imagine how many Latino votes Obama might get if DOJ does a PERP walk with OSB in pink handcuffs?

The political clock is ticking.

LD19 Resident
LD19 Resident

I don't trust the MontyPug as far as I can throw him...

At first I had hope for Monty. Now all I see a silver-haired Candy Dandy Thomas...

Anon
Anon

Sadly I would be shocked if Candy is disbarred.  It would be unprecedented in Arizona history and extremely rare in US history.  And since there have been no official findings of abuse of power he's going to walk.  This is Arizona after all.  Spoken from someone in the legal field.

Tommy Collins
Tommy Collins

 Failure to act probably won't get the attention of the state bar. What got Andy in trouble was abuse of his position and prosecutorial authority. All Montgomery has done is ignore criminal investigations and written a few timely letters and held a presser or two to stir the pot and stall for more time for OSB. I don't see anything yet that would have Monty in front of a bar hearing, but I'm just old and stupid, too, so don't place bets on my opinion.

LD19 Resident
LD19 Resident

Obama will be seen as a hero for going after OSB with a set of rainbow colored handcuffs... After all, the MCSO shurf is a domestic terrorist...

Gerry_C
Gerry_C

 Timing could play into the perp walk message.  Do it now and the value will be less than in September.  I doubt they will use pink handcuffs.  Babeu will share a rainbow colored set.

Coz
Coz

I agree, I'm not holding my breath either.

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