Sheriff Candidate Bails Out Inmate Who Claims Jail Guards Beat Him; MCSO Calls B.S.

Kolten-Clark.jpg
MCSO
Kolten Clark
An inmate was recently bailed out of the Fourth Avenue Jail by Democratic Maricopa County Sheriff candidate John Rowan, after the inmate told his family he'd been beaten by jail staff.

That inmate is now facing another criminal charge, as the Maricopa County Sheriff's Office says it has evidence that Kolton Clark fabricated the whole story.

The Arizona Republic wrote last week about Rowan bailing Clark out of jail -- where he was being held on assault charges -- noting that the "video that capture[d] Clark's entire time in custody" didn't show detention officers beating up Clark.

MCSO says detectives started investigating the incident (or non-incident) after Clark informed his family that he'd been beaten, tased, and maced by detention officers inside his isolation cell.

Clark confirmed to detectives that he'd been beat up by jail staff, but said he wouldn't get into details without his attorney, according to the Sheriff's Office. Detectives reminded him that he was being questioned as a victim, not a suspect, but MCSO says Clark still refused to answer any questions.

There was no indication of an assault on video, so MCSO says it went to recorded phone conversations between Clark and his mother.

"Clark can be heard in recorded telephone conversations between him and his mother planning to use the assault story to 'prove a point' and to 'pull the racial card' against Joe Arpaio in order to obtain a large monetary settlement," MCSO says in a statement. "At one point, Clark's mother stated during the conversation that she had spoken to 'high profile attorneys' who explained such a settlement may be worth as much as $4 million dollars."

The Sheriff's Office also alleges Clark's mother told him to "hold his head down once released from the jail if television cameras were present to show that he was a victim of the brutality that allegedly occurs in Sheriff Arpaio's jails."

MCSO adds that the conversations between the two "indicate that [Clark] received injuries from a physical dispute that he was involved in leading to his (initial) arrest and also that he was pepper sprayed by a security guard in his apartment complex."

MCSO says Clark was arrested for false reporting to law enforcement, and we should have the audio tapes in question shortly.

Rowan, who was fired from his former job with the Goodyear Police Department, paid $200 to get Clark out of jail.

Below is one of the responses from Rowan and his campaign posted on his Facebook page:

"In view of all the allegations and litigation pending against MCSO, I would rather err on the side of who did too much than one who did too little." - John's statement

For the small sum of $125 bail which will be refunded upon disposition of this case, he was able to help a family whose 18 year-old son needed medical attention and whose parents were concerned for his well-being. Given the history of MCSO detention in the past few years, their fears were grounded. John Rowan posted bail to help a family in need and that saved taxpayers $100 per day as well.

Facts:
1. Multiple attempts to get information from MCSO went unanswered prior to bailing Kolton out.
2. Kolton was charged with misdemeanors.
3. Bail was made on Thursday evening, but MCSO held Kolton until Saturday early morning.
3. According to local reporters, MCSO only released 12 hours of video and some phone calls. Kolton was in jail for 4 days.
4. MCSO has also released a "mugshot", however that mugshot was not available during the 48 hour window on the MCSO website, it was a blank screen above his name which is not the norm.
5. According to information now released by MCSO, Kolton was beaten by 2 others at the scene. If that is the case, why was no one else arrested.

Thank you,

Team Rowan



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77 comments
scott.huminski
scott.huminski

Scott Huminski

2624 S. Bahama Drive

Gilbert, AZ  85295

(480) 243-8184

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

 

Manuel do Jesus Ortega-              )

                        Melendres, et al.,     )           CIVIL ACTION(s)

                                    Plaintiffs       )

                                                )          

                        -V-                               )

                                                            )           No. 2:2007-cv-02513-PHX-GMS

Joseph M. Arpaio, et al.,                )

                        Defendants.              )          

 

 

MOTION TO INTERVENE, ATLERNATIVELY, MOTION TO FILE AMICUS BRIEF

                        NOW COMES, Scott Huminski ("Huminski") and moves to intervene or, in the alternative file a Amicus Brief as follows:

AMICUS BRIEF

                        The expert witness of Sheriff Arpaio, Bennie Click, has participated as an expert witness in another case in this District that is now before the Ninth Circuit Court of Appeals, Huminski v. Heredia, Docket No. 2:11-cv-0896-DGC (USDC) and Huminski v. City of Surprise, No. 12-16395. 

                        In the aforementioned collateral cases, Bennie Click offered a legal opinion and legal analysis of fact in determining that police conduct in the case was not unconstitutional under the First and Fourteenth Amendments to the United State Constitution.

                        Mr. Click is not an attorney and does not hold a Juris Doctorate, yet, issued a legal opinion and legal analysis of fact in violation of orders and rules promulgated by the Arizona Supreme Court, Rule 31,

A. "Practice of law" means providing legal advice or services to or for another by:

(1) preparing any document in any medium intended to affect or secure

legal rights for a specific person or entity;

 (2) preparing or expressing legal opinions;

 (3) representing another in a judicial, quasi-judicial, or administrative

proceeding, or other formal dispute resolution process such as arbitration

and mediation;

 (4) preparing any document through any medium for filing in any court,

administrative agency or tribunal for a specific person or entity; or

 

Mr. Click has engaged in criminal contempt of the orders and rules of the Arizona Supreme Court by engaging in the unauthorized practice of law and his credibility is questionable.

                        Mr. Click charged and received legal fees for his opinion of constitutional law issued in writing in Huminski v. Heredia, thus, he violated 13 A.R.S. § 2006 -- a felony.  Mr. Click's ability to present an expert opinion is questionable as he committed a felony in a similar recent expert opinion.

 

Dated at Gilbert, Arizona this 6th day of August, 2012.

 

 

 

__________________________________         

Scott Huminski

 

A copy of the foregoing was served upon  all parties of record on August 6, 2012.

 

 

                                                            ____________________

                                                            Scott Huminski

 

scott.huminski
scott.huminski

Arpaio's star expert witness allegedly engaged in the crime of criminal impersonation in the case now before the 9th circuit, Huminski v. City of Surprise.

 

Arpaio's Bennie Click is the go-to guy that crooked cops look to when trying to evade responsibility in court.

 

 

scott.huminski
scott.huminski

Arpaio's expert witness Bennie Click issued a legal opinion as to the constitutionality of police conduct in a collateral case and got paid for his opinion of law.

 

Big problem, Arpaio's Click is not an attorney thus his issuing a legal opinion is unauthorized practice of law UPL and Click's conduct constitutes impersonation of an attorney for profit, a felony, criminal impersonation.

 

So Arpaio is teaming up with an "accused" felon.  No surprise.

hepcat11
hepcat11

Time for a Class-action lawsuit!!

 

RobertGraham
RobertGraham

The inmate, his mother and John Rowan should all be charged with conspiracy to extort money from the Sheriff's office.  For God's sake, they have video and telephone recordings to prove it.  The inmate even said on the phone that he was playing to use the race card against Sheriff Arpaio.  All three of them must be prosecuted to the fullest extent of the law.

charlie_oscar
charlie_oscar

The kid is a fraud and his claims of abuse end up costing all of us money to pay for his lies.  Charge him to the hilt!   POS

theloushow
theloushow

Hendley's article, here, is a crock!On August 3rd, 2012, The MCSO issued a press release stating that Kolton Clark had been arrested.  This is not true.  Clark was not arrested on this day, but the MCSO press release states it as so.  That's where Hendley got his information, from a faulty press release.  Hendley goes one step further to write "That inmate is now back in jail . . . ".  Mark Hendley did nothing more than copy from a faulty press release.The MCSO has since corrected their error and issued a replacement press release.And all the recorded conversations obtained, in an attempt to paint this inmate as an opportunist, mean nothing.  That's right . . . the so-called motivation of this inmate, gleaned from recorded conversations with his Mother, mean nothing in the face of how this guy was beat up.  Given how quick the MCSO has moved to cast doubt on Kolton Clark, and given how the MCSO has a history of physical abuse, it is not wonder the MCSO is now trying to convict this kid in the court of public opinion.  But, again, there is nothing, absolutely nothing, that can refute how he was beaten bloody.

 

This is simply an attempt to do damage control because it ain't gonna look good on the MCSO deputies beating a kid up to shut him up, and Blogger Hendley, here, is merely complicit.

 

Listen to Kolton Brian Clark, and his father, discuss Kolton’s beating by the MCSO deputies while incarcerated: http://www.ustream.tv/recorded/24340979/highlight/281035 OR http://theloushow.com/2012/07/29/highlight-from-show-130-kolton-brian-clark/

MaskedMagician1967
MaskedMagician1967

Given the MCSO's history of routinely beating, maiming, injuring and killing inmates, I wouldn't put anything past the MCSO shurf and the Gestapo Goons.

 

 

Yourproductsucks
Yourproductsucks

@scott.huminski Look at you and the loseho hijacking this thread for self promotion. You and Lou are peas in a pod.

robert_graham
robert_graham

 @scott.huminski Just another frivolous lawsuit brought by a deranged individual by the name of Scott Huminski.  The suit will be dismissed as having no merit.  I will post updates of it on http://scotthuminski.com which is working just fine.  I will be filing a federal lawsuit against Huminski for violating my right to free speech.

robert_graham
robert_graham

 @scott.huminski That nice little condo that Scott lives in on Bahama Drive in Gilbert will be owned by the city of Surprise after they counter-sue Huminski and win.  And just because Scott put the condo in the name of Tanac, Ltd., doesn't mean it's not subject to seizure.

hepcat11
hepcat11

 @charlie_oscar you make me laugh! if MCSO has to prove that it protects citizens' Constitutional rights in a court of law, Arpuko is going to LOSE BIG TIME, PAL!

bob_lablaw96
bob_lablaw96

 @JoeArpaioFan I am sorry, but your website, and your opinion, suck! This kid is a hoax, but so is Joe.

 

Find a new comic book hero to worship.  The wrinkly nutsack of Joe Hairpieo is on his way to Federal prison, and you will not be allowed visitation.

 

I feel for you, dude.  You are so sincere. You probably thought that Michael Jackson did not molest kids.  Or, that Tom Cruise was straight.  You probably believe that if you click your heels together twice, and say, "Take me home, take me home," you can go back to Kansas.

 

 

robert_graham
robert_graham

 @theloushow Nobody in the sheriff's office beat up the kid.  It was all just a ploy to try and extort money.

bob_lablaw96
bob_lablaw96

 @theloushow Dear Kolton:  You are way to sure of yourself in this mess.  You were an asshole at the time the cops had to arrest you, and you are an asshole today.

 

Now that you have shown your entire family to be assholes, what is your next stunt? Joe is an easy target, so why not claim that he sodomized you during booking, as well as your other claims?

 

It seems that you, and your family, live each day to extract all you can from the rest of us.  The picture became clear at the time of your arrest.  I remember my first alcoholic beverage, but it did not make me into the asshole that you appear to be.

 

If you were to win the $4 million, it would not be enough to allow you to buy the necessary things to make you, and your dad, men.  You are a sad testament to the absence of a law allowing retroactive abortion!

yourproductsucks
yourproductsucks

 @theloushow

 So, you believe that the phone conversation this brat had with his mother, (which is taped) the jail video tape timeline (also taped) and the booking photo showing the injuries prior to the time MCSO had taken custody AND prior to the time this welp states he received the injuries are bunk?

 

You are an idiot, lou.  No wonder no one pays attention to anything you say.  Damn those facts getting in the way of you promoting your agenda!

RobertGraham
RobertGraham

 @theloushow Are you on the side of the inmate or the sheriff's office?  This story is all over the media including video and recorded phone calls so there is no disputing the fact that the inmate lied in hopes of a big payout, and John Rowan is a co-conspirator.

robert_graham
robert_graham

 @MaskedMagician1967 This case is going to open up can of worms for those who have ever accused the sheriff's office of wrongdoing.  There is proof that this inmates claim of beating him is false but you just can't accept it can you.  I would imagine that just about every other claim of the same thing is false too.

tessg49
tessg49

 @MaskedMagician1967Proof, please. This latest smear made by your brother was absolutely proven to be bullsh*t...and anything you claim happened is almost certainly bullsh*t.

Suggestion: Quit being a drunken wife-beating pot-smoking cop-fighting @sshole and you'll probably get along much better with the 'shurf'.

 

Yourproductsucks
Yourproductsucks

@JoeArpaioFan @scott.huminski Huminski appears to be suffering from a mental disorder. Perhaps a 72 hour involuntary evaluation is in order.

robert_graham
robert_graham

 @hepcat11 You are sadly mistaken if you believe Arpaio is going to lose.  Everybody is smart enough to know now that all the accusations against him are false and just dirty politics.  It was a clever idea what John Rowan came up for the kid to try and extort money from MCSO but his big mistake was not telling the kid to talk about it on the phone.  John Rowan's campaign is toast now and he will be lucky if he isn't prosecuted for conspiracy to extortion. 

theloushow
theloushow

I think it is you who are the idiot, Carlos.  And a vendido, too.

bob_lablaw96
bob_lablaw96

 @JoeArpaioFan Ummm, actually, most claims are true. Joe does not personally beat these people, but allows it to happen now and then.

 

I am not sure how anyone younger than 125 years can be a fan of Nickelbag Joe after all he has done to unravel years of progressive law enforcement efforts.  He really is a blemish on the badge.

 

But, maybe you, Joe and Dave Hindershit have had a few good times, and you can overlook the cost to the County.  I sometimes wish I were that blind.  If so, perhaps I could vote for Obama, or Hairpieo.

 

You need to grow up and find a new hero!  Seriously!!

shadeaux14
shadeaux14

 @JoeArpaioFan Right dumb ass. You obviously aren't old enough, or literate enough, to remember Scott Norberg, and your attention span isn't long enough to remember the sight of eight  MCSO and Phoenix PD goons beating and tasing a naked man to DEATH. Does the name Marty Attencio ring a bell?

John
John

 @JoeArpaioFan It's pretty easy to understand that this kid's claim is most likely false.  However that certainly has no bearing, no standing and should not be used as a point of fact to discredit other such claims.  Your logic is flawed.

MaskedMagician1967
MaskedMagician1967

 @tessg49  @sshole Actually, I despise the Flaccid Fucknut.

 

I merely made an observation that the MCSO has a history of tampering with evidence to make inmates' claims unbelievable.

 

Since Mr. Clark fabricated a story about being beaten to score a judgment from county taxpayers, he absolutely should be held responsible.

 

And it should be noted that Kolton was drinking on the day he was arrested. So Kolton may have been telling the truth. We just don't know. azcentral.com has a story saying that MCSO needs more information.

 

I drink very rarely, I don't smoke pot, and I have never been arrested, never been to jail, never been to prison. Sounds like you've been doing it all based on your comment.

 

 

robert_graham
robert_graham

 @scott.huminski Scott you are just a dumb ass crippled old bastard. and you sue anybody if you don't get your way.  But if you think you can have a web site shut down because you simply do not like what it says then your web site must go because I don't like what it says.  You dumb ass fool.

robert_graham
robert_graham

@scott.huminski It will be back you dumb ass bitch. You violated my free speech rights and now I should sue you.

justme
justme

 @JoeArpaioFan

 Reply, you're really a sick bastard.  That's not what happened.  Anyone who wants to know what really happened doesn't have to believe this jackass, or me for that matter.

 

Google Marty Atencio jail video and watch it for yourself. 

 

I personally find the treatment that he suffered in jail and that lead to his death, deplorable.

robert_graham
robert_graham

 @shadeaux14 If Marty had not resisted police he would not have died.  Because it has been proven many times that Attencio was resisting police, officers had no choice but to attempt to subdue him the best way they thought possible.  And that was by taser.  It is unfortunate that he died but it was his own fault.

bob_lablaw96
bob_lablaw96

 @JoeArpaioFan You poor, sad, mental misfit. You really believe this stuff, don't you?

 

Don't you realize that Joe is too old to enjoy your attempts at fellatio?

robert_graham
robert_graham

 @John Of course his claims were false.  It was played out with the idea that it would have never been discovered but were they ever wrong.  It's just fortunate that things are coming to light and in the end everything will be revealed.  it wouldn't surprise me if Rowan was the one to orchestrated the failed plan thinking that he would get more votes.  The Democrats will stop at nothing to attack and discredit Sheriff Arpaio even if it means committing crimes to do it. And then they deny there was any wrongdoing.

yourproductsucks
yourproductsucks

 @MaskedMagician1967

 No one can believe anything you say.  You regularly comment on your drinking escapades on this very forum.  You have lied repeatedly about how this same Sheriff's Office is harrassing you for...well for who knows?  You've changed the reasons for being harrassed several times.  You tell some pretty goofy yarns for the sake of acceptance amongst your peers here on this site.  You have proven an unreliable source to anything related to MCSO.  You are nothing more than a hanger-on.

 

Hows that attempt to get accepted into the Air Force coming?  Still unemployed?

tessg49
tessg49

 @MaskedMagician1967

 "Merely" made an "observation" about "tampering with evidence"?

THIS is your original hysterical smear: "...routinely beating, maiming, injuring and killing inmates...".

Big difference here. But I guess that's what happens when the lithium kicks in.

 

tessg49
tessg49

 @JoeArpaioFanYou've got me wrong. I'm saying the kid fucked up, the proof's in the video and recordings, and the punk and his mother should both go (back) to prison.

 

robert_graham
robert_graham

 @tessg49 The recordings are in the hands of the media. Dumb ass kid should have known better that to incriminate himself on the jail telephones. He admitted to playing the race card.  Sorry but you are in denial and there's no getting out of this one. The kids mother and Rowan too should be prosecuted for  conspiracy.  It will all come out in court later. 

tessg49
tessg49

 @JoeArpaioFan

 Typical cop-out...'EVERYONE knows this!.'

You got nothing, asshole...and the sheriff has video and voice recordings. Even your delusional ass can't lie this one away. Punk.

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