Is it Really "Reckless" for Justice Department to Say MCSO Is Negatively Impacting County Residents?

billy-montgomery.jpg
Maricopa County Attorney Bill Montgomery
Maricopa County Attorney Bill Montgomery stepped up for Sheriff Joe Arpaio yesterday, saying the Justice Department was "reckless" to assert county residents are being negatively affected by the sheriff's office unless Montgomery gets the evidence.

Montgomery sent a second request to the Justice Department for more information, and said it was "inexcusable" not to honor his first request, from December.

His response comes after deputy assistant Attorney General Roy Austin wrote a letter explaining that the negotiations over the racial-profiling issues were on hold, and the DOJ's gearing up for a lawsuit.

"We believe that you are wasting time and not negotiating in good faith," Austin wrote on April 3. "Your tactics have required DOJ to squander valuable time and resources. The violations of the Constitution and federal law identified in our December 15 letter have not been meaningfully addressed and continue to negatively impact the lives of all Maricopa County residents."

Austin added that the DOJ hasn't been handing over this information for a reason, saying it's given out "more than sufficient information" about its investigative findings, would delay a settlement, and could potentially put witnesses at risk.

Austin also noted the DOJ has "additional information" supporting its concerns about the MCSO bungling sex-crime investigations.

Montgomery wasn't pleased to be a recipient of that letter, and still insists he wants the evidence of discriminatory policing and racial profiling, as well as evidence about the bungled sex crimes.

"Absent such information, it is reckless for you to assert that there is a 'negative[] impact [to] the lives of all Maricopa County residents,'" Montgomery responded. "If your concern truly is for my constituents, then the silence in the face of my legitimate December 16, 2011 request is inexcusable."

This morning's question: Is it really "reckless" for the Justice Department to say the alleged violations by the Arpaio-led MCSO is having a negative impact on county residents?

Cast your vote below:



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92 comments
Car_del99
Car_del99

Most people say that monty is the joker's lap dog , with this, he just affimed it

Car_del99
Car_del99

 I think that indictment is just around the corner , They were just waiting for this to go down , before they jump in with the criminal charges

Car_del99
Car_del99

Montgomery sound like a " chihuahua puppy " yelping at the heels of a pit bull...

Yourproductsucks
Yourproductsucks

Witness information is easily redacted. There is no reason for the DoJ to withhold the evidence from the Sheriffs Office or the County Attorneys office, who's responsibility is to become the attorney for the sheriff should the need arise (despite popular opinion on here)

If the DoJ can't cite specific issues that the MCSO could either; recognize and change, respond with evidence to clear up the issue or ignore the evidence against them and continue, "status quo.".

wherewasi
wherewasi

"Montgomery conceded, however, that there is little he can do to demand the information.
Arpaio is represented by private attorneys the county appointed. Montgomery said the County Attorney's Office is not part of negotiations between the Sheriff's Office and Justice Department and would not be a party of any lawsuit the federal government may bring against Arpaio."See "Arpaio probe: Feds told to Put up or Shut up" on AZCentral.

LD19 Resident
LD19 Resident

There is one thing Monty could do but it's a long shot and Monty won't grow a pair of balls and actually do it:

Monty could seek a court order in U.S. District Court demanding the Justice Department release the information he wants by citing irreparable harm to prosecutions submitted to the MCAO by the MCSO.

Monty has a point in asking for the information because of potentially tainted prosecutions tied to the Justice Department's allegations. It seems he actually wants to protect taxpayer dollars by not exposing the county to bullshit cases like his predecessor Candy Andy Thomas did.

Yourproductsucks
Yourproductsucks

You are right.  I guess I assumed Montgomery was somehow involved as it is normal procdure for the MCAO to represent the MCSO in litigious issues.  My bad.

wherewasi
wherewasi

I appreciate that acknowledgment.  Like I said before, I am not one of those people who just comes out here to post a bunch of BS that I dream up while I'm typing.  If I am discussing an actual point of law, a fact, and event - whatever - I try my best to have relevant and accurate info.

wherewasi
wherewasi

So, are you saying that no need as arisen yet for Arpaio to have an attorney and that Joseph Popolizio is not a private attorney (and a rather high priced one at that) who is currently representing the Tin Star Shurf?

http://www.jshfirm.com/attorne... 

I don't think that it is merely a "popular opinion on here" that Popolizio IS representing Arpaio in this matter.  If I'm wrong about that, someone needs to get in touch with the DOJ because they are writing to Joseph Popolizio, not Bill Montgomery, with regard to this matter.

And I will still repeat what I said before with a caveat to satisfy your most recent explanation of the DOJ's responsibility to Montgomery:  CURRENTLY, Mr. Montgomery and his office do not represent Arpaio in this matter.  Arpaio is represented by Joseph Popolizio of Jones, Skelton & Hochuli.  Therefore, I do not believe that Mr. Montgomery has the basis to demand anything from DOJ in a matter in which he is not representing Maricopa County, its agents, or its taxpayers.

If I'm missing something here, please enlighten me.

LD19 Resident
LD19 Resident

"Witness information is easily redacted."

Yeah. To protect the witnesses from the harassment and intimidation that your boss and buddies over at MCSO regularly employ to get them to stop talking about the corruption and criminal activity emanating from MCSO. 

Gerry_C
Gerry_C

There was a meeting with four former high ranking officials talking about OSB and his misdeeds.  One of the speakers put the County's legal costs/losses at $300M under OSB.  The source and validity of that number should be explored.  If supportable, that is a pretty big statement.  Since many pay little tax or not much tax, it means my portion of funding the Joe Show is about $1500 for my family.

LD19 Resident
LD19 Resident

I hear the County's legal costs/losses were tagged around $1 billion...

Not sure if it's true, but if it is, your portion of funding the Joe Show just went WAY up...

Nicholsdaves
Nicholsdaves

Andrew Thomas, Now Bill Montgomery, Arpaio grows a new Butt Apendage faster than lizards grow a new tail!

Pecee69
Pecee69

In the grand scheme of things Montgomery is an insignificant gnat. None of his bellicose rhetoric is of any significance. If he really has any concern for the residence of maricopa county, or his plotical future it's time he started doing his job instead of posturing for the media.

LD19 Resident
LD19 Resident

MontyPug is doing the one thing that guarantees him one term as Maricopa County Attorney: Protecting the criminal actions of the politicians and turning a blind eye to unbelievable amounts of corruption within Maricopa County.

MontyPug has been nothing but a crony of the MCSO shurf because he's been bought and paid for by the MCSO shurf. Monty has a conflict of interest regarding this senile circus clown and yet he continues to blatantly ignore the legal and ethical rules which Candy Andy Thomas will be disbarred for come Tuesday.

The Justice Department was correct in taking over the 400 sex crimes the MCSO effed up on. MontyPug now wants to prosecute those cases, when many of them are outside the statute of limitations?

If MontyPug really wanted the evidence that the Old Fool and his gang of corrupt cronies do indeed racially profile, it is public-record. Available to him via Arizona Revised Statute 39-121.

I seem to remember the case of the Moras, a pair of LEGAL Hispanic men who were zip-tied for 3 hours simply because they appeared at their place of employment for another hard day of work. They sued the county and won a taxpayer-funded $200,000 cash settlement.

I also remember the case of a Hispanic man who was run over by and MCSO deputy. He had to have skin grafts put on to cover the scars. He too sued the county and won a taxpayer-funded $600,000 cash settlement.

And what about the case of Lisa Randall, the woman who was charged with capital murder when she did not even commit a crime? Last I heard, she was suing the county for $12.5 million for wrongful prosecution.

And what about the Melendres vs. Arpaio racial-profiling lawsuit? Did MontyPug just wake up and crawl out from under his rock or has he been awake and paying attention for the last going on 5 years?

MontyPug needs to stop covering the Flaccid Failure's fat ass and start working for the taxpayers. He needs to grow a pair of balls and do his job (which I know for fact he will NOT do). 

The Real David saint
The Real David saint

the moras was a brother and sister...but the more egregious instance was when they zipped tied a father and son for nothing more than having brown skin and living next to a house being raided...only due to the mother showing MCSO both the sons BC and her husbands green card did they let them go...instead of, you know, ACTUALLY RUNNING THEIR NAMES BEFORE ARRESTING THEM!!! Kind of thought thats the first thing a cop does when making contact with a citizen so they can verify who they are dealing with..MCSO fails at this concept miserably, and is what leads to the racial profiling cases. 

LD19 Resident
LD19 Resident

Ah yes. I remember that case too. Was that family's name the Moras?

I remember the father and son case, Julio and Julian Mora. They were on their way to work at a landscaping company when the Old Fool zip tied them for 3 hours before releasing them.

The federal judge, David Campbell, ruled in favor of Julio and Julian Mora, saying that their 4th Amendment rights to search and seizure had been violated when the SS goons zip-tied them and held them without probable cause.  

The MCSO raid of the home is the one where the MCSO shurf decided to zip-tie a 12-year old legal resident who happened to be Hispanic. (see the NT story "Joe Arpaio zip-ties a 12-year-old").

wherewasi
wherewasi

If I'm not mistaken, he also decided it was not reasonable to prosecute anyone over the Fiesta Bowl freebies because so many of them were Republicans ... er, um, I meant to say: because the rules were vague and they most likely didn't know they were in violation of any rules...

LD19 Resident
LD19 Resident

I remember that. Monty said that the idiots who write the laws apparently aren't subject to said laws.

Thanks Monty. You just proved what regulars on this blog have known all along. Now run along Mr. Montgomery.

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 day after day, time and time again.

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 sense of justice.

They just continue to make a mockery of the word justice while they piss down your back and tell you it's raining.

Only a fool would trust the Arizona Justice system.

Guest
Guest

 Why does the DOJ resort to a lawsuit?
 Why not simply, and directly, charge the Fat Boy with a crime?
 Gather their evidence, get a federal judge to sign a warrant, and get on with it!

 The reason this gets laughed at is they, for some reason, keep making jabs in the media rather than file charges. When did our judicial system flip from indictments & juries to lawsuits? Not really trying to piss anybody off here - it just doesn't make any sense!

Tommy Collins
Tommy Collins

 DOJ is in the process of TWO actions regarding MCSO. One is civil and has to do with civil violations dealing with policy and procedure issues, short of criminal acts, such as implied racism, false arrest and imprisonment, profiling, etc.

The second investigation is actually looking at potential criminal charges for violations of theft, fraud, assault and battery, unlawful use of deadly force (Marty Atencio et al) etc.

The second investigation is apparently still in process and may not yet have been presented to a federal grand jury for consideration of criminal indictments based on the evidence presented.

I hope this makes sense.

(not a lawyer. just an observer)

Gerry_C
Gerry_C

 Don't forget Hatch violations in using MCSO resources to make videos about Saban.

LD19 Resident
LD19 Resident

Good point. What about SCA? That may constitute Hatch Act violations, especially since the MCSO gets federal money. 

Yourproductsucks
Yourproductsucks

Riiiiiight!

LD19 Resident
LD19 Resident

Enlighten us YPS.

If you think Tommy is wrong, do tell us where he is wrong and explain to us the Justice Department way of conducting an investigation.

If you think Tommy is right, then you need to state that you agree with him.  

Coz
Coz

They've had too many years already investigating what most of us know already.
I am beginning to think the Feds are full of shit and just as bad as Arpaio.

DNichols
DNichols

The Feds just hit an un-believable "Cesspool" in the Arpaio M.C.S.O.

They are still sifting through the vast group of Corrupt Turds.

Phoenix Justice
Phoenix Justice

I would prefer that the DOJ would stop being pussies and file the fucking charges.  I have never seen a DOJ so scared of their own shadow.

BTW: Who the hell are the 8% who think its reckless?

Twinkle Toes
Twinkle Toes

Joe himself, who do you think?!

Coz
Coz

...and his Goons and the Sun City old fart Posse.

Nicholsdaves
Nicholsdaves

The under the desk "Posse".

Those Junior Arpaio Deputy Badges are probably hard to earn.

They aren't just a slam dunk.

LD19 Resident
LD19 Resident

...Don't forget Steven Seagal, Lou Ferrigno, and Shaq... 

wherewasi
wherewasi

You've seen those ceramic jars with the cork lids that say things like "Ashes of Problem Clients" or "Retirement Savings Account" ... ?

I bet Arpaio has one that says "Sun City Old Posse Farts"

WhoKnows
WhoKnows

Joke isn't the only one that needs to be voted out in Nov.  MontyLapdog should go back to whatever hole he crawled out of!

Yourproductsucks
Yourproductsucks

What in the world is Mongomery thinking? Who does he think he is requesting full disclosure from the DOJ?!?!? The gall of the man!

Rob
Rob

 YPS, is Montgomery - and the MCAO - in the habit of providing every bit of evidence and witness names to people they threaten with legal action PRIOR to going to court?

wherewasi
wherewasi

Actually, they write the Press Release, then serve the warrant, and then announce the startling events that they staged.

The Real David saint
The Real David saint

lol 400+ sex crimes are ignored, and he needs MORE proof???? Hes as dumb as you are then...

The Real David saint
The Real David saint

whats reckless is ignoring sex crimes in favor of political bullshit...the fact that Monty fails to grasp this is just one of the many reasons he has NO business being county attorney. 

mirele
mirele

This this this this THIS!!!!!

Coz
Coz

It's right for the Feds not to release information about witnesses. We all know the history of Bozo Joe and how goes after those that criticize him.

It would only get worse now that Bozo Joe has MontePoodle as his lap dog to help him go after those that speak up.

Been there and done that already.

Yourproductsucks
Yourproductsucks

Except the Feds aren't citing that as the reason for not providing disclosure...they stated the evidence is already available. Their reluctance and posturing remind me of nancy pelosi's argument reference the health care plan when she stated, "we need to pass it in order to find out what's in it."

Coz
Coz

Thats was pretty funny when the dipshit Pelosi made that statement. Clearly a politician with a dumbass remark like that.

wherewasi
wherewasi

I would like to see Montgomery not worry about what the Feds are working on with Arpaio and his tax-payer funded attorneys and instead start thinking about the death of Marty Atencio.  This is something that happened inside the MCSO jail recently under Montgomery's MCAO watch.  He previously said he wanted to see a "current case".  Well, he's got one...

wherewasi
wherewasi

You're right.  What was I thinking???

Sheeeeeeez!  I need a nap!

Coz
Coz

Now, now...you really don't expect MontePoodle to really do his job do you ?

The Real David saint
The Real David saint

actually dipshit, if you read the letter thats one of the things they mention.  And though you are too ignorant and bias to recognize this, but Joe has quite the history of threatening, intimidating, and harassing witnesses. So there is good cause. 

Nicholsdaves
Nicholsdaves

More uncomfortable if they gave your name to Sheriff Babeu, yowd be walkin wit you back ta da wall.

Coz
Coz

Its almost at the point that anyone that speaks up against Bozo Joe needs to be put in the witness protection program for they're personal safety.

VIMIIS
VIMIIS

You're right.  If I was a witness I would be really uncomfortable knowing my name could be given to Arpaio and Montgomery.  I mean really, seriously uncomfortable............... 

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