Tom Horne's Blues: No Settlement in Campaign Finance Case, Hearing Begins February 10, Sister Lends Him $100K

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Arizona Attorney General Tom Horne's hopes of settling his campaign finance case have been dashed for now, as Yavapai County Attorney Sheila Polk today filed a notice with the administrative law court, signaling that discussions between the two sides on Thursday did not end in a resolution.

"No settlement was reached," reads the notice, "and the parties anticipate proceeding with the hearing as scheduled starting on February 10, 2014."

Horne's attorney Michael Kimerer would not comment on the substance of the settlement conference. But he lamented the lack of results.

"It's unfortunate," he told me. "We did not have any success in reaching a settlement, and now we plan on proceeding and showing that Tom Horne wasn't involved in any campaign violations."

A call to Polk's office for comment was not immediately returned.

In October, Polk ordered that Horne and former campaign operative Kathleen Winn (now the AG's outreach director) pay back nearly $400,000 that was contributed to Winn's 2010 independent expenditure committee, Business Leaders for Arizona.

Both Polk and before her Maricopa County Attorney Bill Montgomery found that Horne and Winn had illegally coordinated efforts between BLA and Horne's campaign.

BLA raised more than $500,000 in the 2010 general election to pay for a TV ad critical of Horne's Democratic rival Felecia Rotellini, whom Horne bested by a little more than 60,000 votes.

Sources knowledgeable about Thursday's settlement conference tell me that Polk took a hard line, and would not agree to let Horne pay a fine without an admission of wrongdoing.

These same sources indicate Polk offered to let Horne pay a settlement amount of $250,000. As part of the deal, Horne would have to admit that he broke the law.

But Horne refuses to make any admissions regarding alleged coordination between himself and Winn.

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Cozz
Cozz topcommenter

The lowest from of human decency, ethic's and morals is when those you trust to represent the law are the one's that break it the most without being held accountable or prosecuted.


Horne is just one of the many in Arizona that continue to make a mockery of the so called justice system while laughing in our faces as they do it.


The justice system and most of those that represent it is a crime in itself.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Who would even settle if they were innocent?  It's time the State Bar of Arizona and the Arizona Prosecutors' Assn. stop protecting their "own". 

They certainly have no problem going after doctors, nurses, caregivers, etc. and destroying their lives and careers, where lawyers are seldom disciplined and yet destroy lives daily -- 99% conviction rate? 

This all rises to the level of disbarment and ousting from office. Who can the public trust in the top office in the state?

What goes around, comes around.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

A decades long pattern of abuse of power is systemic in the Arizona justice system driven by prosecutors, such as the MCAO (Thomas / Aubuchon / Alexander) and the AG, where they have driven zero tolerance policies, grand-standing at the podium and in the media. 

Zero tolerance must apply to these prosecutors as well. They have turned a position of trust and integrity into a mockery. Unless these soft-ball punishments are carried out, then there is no justice at all for the people of Arizona who pay their salaries, benefits, endless un-necessary ego-driven litigation, and pensions. It's time for equal balance.

In December 2009, Polk spoke truth to power when she admonished then MCAO Andrew Thomas for abusing the awesome power of a County Attorney / prosecutor, which started him down the path to his disbarment in April 2012. 

The higher office of the state Attorney General, deserves no less treatment than Thomas and Aubuchon if Arizona is ever to restore public faith in Arizona's justice system.

The harsh national spotlight is on Arizona's justice system and its prosecutors. 

MaskedMagician1967
MaskedMagician1967 topcommenter

LMAO I can't wait to see Horne's defense in this scandal.

Then I'm gonna enjoy the sweet taste of Horne's career going down in flames.

FRONTERA
FRONTERA

Id say ,after  Elmer FUDDS too many trips down the rabbit hole, Pundits are betting on Mark Brnovich to win the GOP primary...

FRONTERA
FRONTERA

The fascist police state is tightening the noose. Just look at the Pinal Co. Sheriff shooting innocent Latino MEN. ENOUGH IS ENOUGH, WE NEED JUSTICE DEPARTMRNT  INVESTIGATION.

TommyCollins
TommyCollins topcommenter

So, in essence, it appears the state AG was willing to plead nolo contendre in a civil case..... but, once again, Sheila Polk is not the patsy Horne was hoping she might be.


The ball is in her court.


Expect a more publicly favorable 'settlement' before the February hearing date, unless he manages to get it continued somehow. The longer he stretches it out the better it will be for Brnovich.... and Horne is well aware.


ANY admission of wrongdoing will spell the end of his disastrous public career.


FINALLY.

teknik
teknik

Who on earth would actually settle if they were innocent?


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Zero tolerance policies that are driven by Arizona's prosecutors, should apply to them as well. 

Arizona justice: Non-violent, first offender held NON-bondable in jail. Sentenced to 75 years in prison -- a defacto life sentence -- for non-sexual "touching" in a public pool. 

If you think this can't happen to you, think again. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Media sound byte: "I'm going to take this case all the way to the U.S. Supreme Court, personally, myself" -- AG Tom Horne, after hearing that Debra Milke's conviction and sentence were overturned March 14, 2014, by the Ninth District Circuit Court, Chief Judge Kozinski.

Who is more credible?  The AG or the railroaded young mother 25 years ago, exposing Arizona's broken justice system in the scathing opinion by Chief Judge Kozinski on Arizona's justice system?

CA Sheila Polk and the AZ Prosecutors Assn: We don't need an Amendment to ER 3.8 - Ethics responsibility for a prosecutor -- Arizona Supreme Court Rules Forum No. R-11-0093 --- prosecutors follow the existing ethics rules.  

Oh, really?

Horne needs to go the way of disgraced and disbarred ex-MCAO Andrew Thomas and his chief charging prosecutor ex-DCA Lisa Aubuchon.

Arpaio needs to go the way of LA County Sheriff Baca. 

Arizona needs to restore integrity in its broken legal and justice system. Now!  Arizona Bar do your job!

Folks, enjoy the Super Bowl parties, Arizona's criminal justice system windfall this week-end!  If you think this is not about you, Think again.

WhoKnows
WhoKnows topcommenter

So, HorniBoy calls for a settlement conference, but says he won't admit he did anything wrong!  Will he be crying on his wife's shoulder or on a different part of his mistresses body?

DNichols
DNichols

@Cozz

Surley you don't think a Man of Hornes High Character, and Ethic's who cheats on his wife gives his mistress a high paying Government Job, commits hit, and run on a vehicle, could possibly "Lie" about Campagn Finance Dirty Doings?!

Horne knows that in the "Arizona Political Cesspool" he will be safely covered by community Political Slime.

Regarding "Corruption" He can simply claim "I don't Recall." right Honest Joe?

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http://wrongfulconvictionsblog.org/2012/04/26/new-study-released-today-on-prosecutorial-misconduct-in-arizona/
New Study Released Today On Prosecutorial Misconduct in Arizona…Posted on April 26, 2012 by Mark Godsey | 1 Comment

From the crimereport.org:

A coalition of innocence projects, legal experts and wrongly convicted defendants will announce today that a study of prosecutorial misconduct in Arizona from 2004 through 2008 found prosecutors committed error in 20 cases.

The coalition—which includes The Innocence Project of New York, along with Veritas Initiative, a policy and research arm of theNorthern California Innocence Project, as well as Innocence Project New Orleans and Voices of Innocence—is convening in Arizona in the latest stop in a national tour aimed at exposing prosecutorial misconduct and initiating reform.In 15 of the cases, the finding of error was deemed “harmless” and the convictions were upheld. In five of the cases, the errors were ruled to be “harmful” and the convictions were reversed.During that same time period, three prosecutors were publicly disciplined by the State Bar of Arizona, but none of the prosecutors in the 20 cases found by Veritas were subject to any discipline.One of those three prosecutors  disciplined was Kenneth Peasley— once considered the most feared prosecutor in Pima County, Arizona, where he won  conviction after conviction, some of which sent defendants to Death Row.Keep reading here….

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

No immunity for prosecutor accused of misconduct 

http://www.abajournal.com/news/article/no_immunity_for_prosecutor_accused_of_misconduct/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email


Posted Jan 28, 2014 4:00 PM CST
By Victor Li

  •  Hollywood couldn’t come up with a better script than this. A gang member was convicted in 1986 of double murder by two prosecutors who are now accused of coercing witnesses into giving false testimony against him; and he was sentenced to death by a judge who had taken a bribe from his co-defendant.

"One of those two prosecutors will have to answer for his alleged actions after the Chicago-based 7th U.S. Circuit Court of Appeals ruled last week that he did not have immunity.

According to a Monday article at Courthouse News, a divided three-judge panel ruled that former Illinois assistant state attorney Lawrence Wharrie could be sued civilly by Nathson Fields, the man who was convicted in 1986 for the murders. Prosecutors generally have absolute immunity from civil suits for their actions during the course of a criminal prosecution, and the panel held that Wharrie’s co-counsel, former assistant state attorney David Kelley, was immune. Fields had spent 17 years in prison before he was acquitted during a retrial in 2009. (Thomas Maloney, the judge who presided over Fields' first trial, was convicted of taking bribes and sentenced to more than 15 years in prison, according to the Chicago Tribune. He died in 2008.)

“Wharrie is asking us to bless a breathtaking injustice,” 7th Circuit Judge Richard Posner wrote for the majority (PDF) . According to Posner, Wharrie could be sued because he was accused of acting outside of the boundaries of his job by performing an investigative role prior to the start of the prosecution against Fields. Kelley, on the other hand, was protected because his alleged actions took place while preparing for trial—when a prosecutor unquestionably has immunity.

Circuit Court Judge Diane Sykes dissented, arguing that the case law in the 7th Circuit was unclear as to the scope of prosecutorial immunity. Sykes pointed out that a recent 7th Circuit decision held that prosecutors might have qualified immunity even when coercing testimony. She argued that the law needed to be clarified." 


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@TommyCollins  In December 2009, Polk spoke truth to power when she admonished then MCAO Andrew Thomas for abusing the awesome power of a County Attorney / prosecutor, which started him down the path to his disbarment in April 2012. 

The higher office of the state Attorney General, deserves no less treatment than Thomas and Aubuchon if Arizona is ever to restore public faith in Arizona's justice system, with a long history of abuse of power. 

The harsh national spotlight is on Arizona's justice system and its prosecutors. 

FRONTERA
FRONTERA

@ConcernedCitizenAZ Also a homeless person takes a piss in the alley in Phoenix,and is caught by phoenix  PD, YOUR LOOKING AT A CONVICTED SEX OFFENDER FOR LIFE . Thank you ARIZONA state legislature.  (the last shall be first , and the first shall be last )

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

correction:  Debra Milke's conviction and sentence were overturned March 14, 2013, by the Ninth District Circuit Court, Chief Judge Kozinski.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

DEBRA MILKE V RYAN  9th Circuit Court Opinion overturning her conviction and sentencing

Turn to page 54 for Chief Judge Kozinski's scathing report of Arizona's justice system. Opinion sent to the DOJ Civil Rights Division and the U.S. Federal Attorney for investigation of the Maricopa County Attorney's office and the Phoenix Police Dept. detective Saldate. 
http://1.usa.gov/13hYclk

DonkeyHotay
DonkeyHotay topcommenter

@ConcernedCitizenAZ  ... these scumbag prosecutors and corrupt judges deserve to be sent to PRISON -- day for day -- equal to the time spent by those they wrongfully convicted.



TommyCollins
TommyCollins topcommenter

@ConcernedCitizenAZ If I recall correctly I think she also addressed the bully attitude of Mr. Hendershott and said that she would never allow anyone to treat her like that again, or something to that effect. I have the utmost respect for Sheila Polk in her job as county attorney for Yavapai. And, she is a Republican.

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