Tom Horne's Nightmare: Sheila Polk Rejects Findings of ALJ in Campaign Finance Case

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Yavapai County Attorney Sheila Polk has rejected the findings of an administrative law judge in the campaign finance case against Arizona Attorney General Tom Horne, and reinstated her original order, demanding that Horne and AG outreach director Kathleen Winn reimburse donors $400,000.

In a decision filed Wednesday afternoon, Polk concluded "it is more probable than not that" Horne and Winn's phone calls and e-mails during the 2010 general election campaign constituted coordination, thereby rendering illegal most of the money raised on behalf of Winn's independent expenditure committee Business Leaders for Arizona.

Responding to the news, Horne spokeswoman Stephanie Grisham indicated that Horne would appeal Polk's decision to the superior court and would not resign, despite calls from some that he do so.

horneglummy.JPG
Tom Tingle/Arizona Republic/Pool Photo
Horne: facing a perfect storm of trouble

"[A] county politician has foolishly ignored the ruling of an independent judge," Grisham stated. "She will undoubtedly lose on appeal. In the meantime, Attorney General Horne will continue the job he was elected to do."

Meaning that Horne will go right along, scamming the taxpayers and using the people's resources for his re-election effort.

Still, by this point, the AG must be punch-drunk.

Polk's roundhouse right to Horne's noggin comes after the drubbing he's been enduring this week from yet another scandal: This one involving ex-AG staffer Sarah Beattie and allegations that Horne's violating Arizona and perhaps federal law by running his campaign from his state office, with AG employees' doing political stuff on state time.

See also:
Tom Horne, "General Lawbreaker," Is So Guilty Even His Denials Sound Like Admissions
Tom Horne's Cocktail Party at University Club Crashed by Yours Truly

Beattie's allegations were submitted on Monday to the Arizona Secretary of State and the Arizona Citizens Clean Elections Commission in the form of a sworn affidavit and more than 146 pages of e-mails, documents, photos, and metadata.

All of it backing up Beattie's claim that "the AG's executive office is the campaign headquarters [for Horne]."

That file is now also in the hands of the FBI. The Arizona Capitol Times recently broke the news that the Maricopa County Attorney's Office has a copy as well.

Read Polk's final administrative decision on the Horne/Winn case.

Beattie's attorney Tom Ryan praised Polk's decision. He said he thinks Beattie's coming forward nudged Polk toward a second bite at the apple.

"I have a firm belief that Sarah Beattie's affidavit helped push Sheila Polk in this direction," Ryan told me. "It certainly confirms what all rational people in the state of Arizona believe, and that is, Tom Horne and Kathleen Winn coordinated the campaign."

Polk does not mention the Beattie affair in her "final administrative decision in this matter."

Whether or not it influenced her, Ryan's filing of Beattie's complaint certainly gave the Republican county attorney political cover, if she needed it, to go after Horne again.

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47 comments
ghostwriter
ghostwriter

It is only going to take ONE JUDGE with BALLS who will do the right thing and indict Horne or Arpaio. Then all of this political corruption game, taxpayer waste of money and time will go away. So far the only one with BALLS or strength is Sheila POLK!!!!!!!!!!!

MaskedMagician1967
MaskedMagician1967 topcommenter

Ms. Polk is doing taxpayers a service here.

Keep in mind she stood up to the Fetid Fossil of MCSO and Candy Andy Thomas back in 2009 when both pols were abusing their power.

By standing up to HorniBoi, she's showing she's unbiased in going after powerful people, regardless of political affiliation.

Polk should consider a run for AG. Just my opinion....

dennis20
dennis20 topcommenter

At this point, I am most interested in who has donated money to Horne in the past and present. What kind of favors did they get? The State Attorney General's office seems like the chaepest cop to pay off these days. 

MaskedMagician1967
MaskedMagician1967 topcommenter

HorniBoi should be very worried.

Polk is like a rattlesnake. Her first bite missed but the second one injected the poison into HorniBoi's political and legal career.

And even MontyPug isn't supporting him. Sad when your own political party bails on ya right HorniBoi?

dtmac
dtmac

Calling Horne a scumbag is an insult to used condoms.


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Resign Mr. Horne, and take your stable of unqualified men and women with you. 

DNichols
DNichols

Shiela Polk better be careful to park her car where it is hard to be "Hit, and Ran" right Honest Tom Horne?!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

A prosecutor's job is "minister of justice", which he's failed to follow their code of ethics and responsibilities. Where's the Arizona Association of Prosecutors? Where's the Arizona Bar and the Arizona Supreme Court? Like, no one has filed bar complaints? Any doctor, nurse or teacher would have been wiped out at the first complaint! Time for lawyers / prosecutors, who handle peoples' lives daily to have the same standards as a doctor or nurse. 

Time to end absolute immunity and no accountability for prosecutors, who have abused their power for far too many years!

deniseaz2003
deniseaz2003

in  the old west of time past ,, on like this , would have been tarred and feathered , and ran out of town on a railcar . 


DNichols
DNichols

Wil the "Real Crooks" in Arizona Horne, Arpaio, Brewer, Pearce ect. please stand up?!

These Criminals are worse than most currently behind bars!

Good thing  for them all of these corrupt Bastards in Arizona protect each other.

To: True Justice?

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

If the AG cared about Arizona and its people, he would simply resign. Every other professional is expected to be a "professional" in their personal lives as well, and would be charged with crimes at a higher level than an ordinary person, because they occupied a "position of trust" - in the office and outside of the office. See how nurses are treated in Arizona in an upcoming court hearing for activities outside of the hospital, not even involving patient care. There want to terminate her for "speaking out". 

Slappy
Slappy

Horne is of the opinion leadership, integrity and honesty, ceases during lunch breaks. Horne's view is that lunch breaks equal Rumspringa, where anything goes. This explains why he felt he was entitle to commit a "hit and run."


I wonder if Tom used the excuse, "We were discussing reelection strategy at Carmen's home; besides...it was during our lunch break," when explaining to his wife what he was doing at Chenal's home.  


"Lunch break" excuses are getting old.  Horne has been on an extended lunch break ever since he was elected.  

WhoKnows
WhoKnows topcommenter

Is Grisham  acting for the AG's office or for the HorniBoi campaign when she makes statements about this?


Given HorniBoi's other problems with using state resources for his campaign, that is a question that needs to be asked and answered.

TommyCollins
TommyCollins topcommenter

I was thinking more along the lines of the razor sharp blade of the guillotine, as opposed to an ax. The blade seems so much more efficient and the appropriate tool for this job. Keep the children at home, however. There is no need for them to see that ugly mug rolling away.


It's only a matter of time now. I would guess the primary will take care of Mr. Horne. But, I am really thinking about voting for him in the primary just to watch as Ms. Rotellini finishes him off in the general election in November.


"Hell hath no fury like a woman scorned"


Horne certainly has shared his scorn and he will be going down. Down into the black and bottomless abyss, shared by the disgraced former state senate president. And Horne will also be known as the "Usta Be"... Just like Russell.


Cozz
Cozz topcommenter

Would be nice if the asshole actually started doing the job he was elected to do instead of being the corrupt asshole he is.

"In the meantime, Attorney General Horne will continue the job he was elected to do."

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@ghostwriter

Wasting hundreds of millions of taxpayers' dollars, enriching $600.00 per hour lawyers, has gone on for far too long, not to mention the destroyed lives of innocent people, their families and children. 

The real criminals are on the outside and we are all paying the price. 

The County Attorney/DA/prosecutors have the responsibility to get the job done. Polk is strong, while MCAO Montgomery hides in the background protecting the likes of his cronies Russell Pearce's son working for Sheriff Arpaio who hit and killed a man while driving the sheriff dept. vehicle;  and Chris Simcox, convicted child molester, who he sentenced to 3 years!!... while others, non-violent, first offenders receive defacto life sentences - 75 yrs. for non-sexual "touching" in a public pool. 

So which prosecutor will do the right thing and do their job - Sheila Polk or Bill Montgomery (he botched the last case against Horne). 

TommyCollins
TommyCollins topcommenter

@ghostwriter Sorry, judges don't indict. It would take a grand jury to issue and indictment. I absolutely agree that Sheila Polk has the intestinal fortitude and energy to do her job and I think she would do a great job as state Attorney General. I doubt she wants to move to Phoenix, however.

TommyCollins
TommyCollins topcommenter

@dennis20 Dennis, please don't refer to Horne as a cop. He's just an elected official. Real cops who are professionals don't deserve being lumped in with Horne or the local shurf. At the very best Horne might be a prosecutor, but I doubt that title fits too.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@dennis20  Your well informed comments are greatly appreciated. This needs to be pursued. Arizona's corruption is like a long centipede that needs to be smashed, once and for all.

MaskedMagician1967
MaskedMagician1967 topcommenter

Dennis, as you know HorniBoi doesn't have to disseminate who's contributing to his campaign, thanks to the Citizens United case....

That was the second worst decision to emanate from the Supreme Court. The Dred Scott decision was the worst.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@MaskedMagician1967  The top prosecutors must do their job to wipe out corruption and unethical behavior among their own, or we continue to live in a lawless state. 

MCAO Bill Montgomery will take on the women defendants cases and bury them at every turn, while grandstanding at the podium. Takes no courage to destroy women and their families. Let's see Montgomery take on one of his male cronies with the same fervor. That's his job, instead of being a shill for arpaio and the GOP.

SeedyWard
SeedyWard

@DNichols  Sheila and her little Matforce group have made many enemies, too. Seems she has enemies coming from multiple camps. Still, best of luck with taking down the Horne dog.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

 Wake up folks. Who's turning Arizona into a police/prison state?http://prisonlaw.wordpress.com/2011/07/18/new-study-prosecutors-not-police-have-driven-prison-population-growth/

Sara Mayeux"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. "

SeedyWard
SeedyWard

@deniseaz2003  Point of information: riding someone out on a rail invloved tying up a person, by hands and feet, and hoisting them up on a wooden fence rail. A team of men would then literally run the victim out of town.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@DNichols  ... lest we forget -- disbarred and disgraced Andrew Thomas, who's running for Governor? And their enablers hiding behind the curtain driving Arizona policy and laws - against the people?

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

The AG needs to be treated how he treats the nurses and teachers in Arizona. They lose their jobs at the FIRST complaint, they lives and professions discarded like nothing more than yesterday's garbage. What goes around, comes around.

eric.nelson745
eric.nelson745 topcommenter

@TommyCollins  Yes, and the guillotine is easy to construct. The blade hardly ever needs to be sharpened much and it can be tested with a watermelon. Hell with lethal "cocktails." There is no pain!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@TommyCollins  But how did disbarred and disgraced re-emerge to run for Governor?? Time to raise the standards = to that of a doctor or nurse? The top prosecutors handle peoples' lives daily, and are responsible for executions - murder by the state, and have absolute immunity and no accountability? Ripe for the abuse of power and corruption we've been witnessing for years. 

TommyCollins
TommyCollins topcommenter

@Cozz He gets that statement from the local shurf, as you know, Cozz.


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@TommyCollins @dennis20  Horne is a top prosecutor, who determines who lives and who dies. Who determines who stays in prison and for how long. He holds the lives of people in his hands for years. Who would you trust with your life? This man?

Prosecutors have the awesome power of absolute immunity, no oversight and no accountability. It's time to end that, since they have abused their power, over and over again.

The voting public needs to understand this power and begin to take it away. No one has a job like this.

When they commit unethical behavior/crimes, they deserve the same punishment they hand out daily for those they prosecute.

Those in a position of trust, who violate their oath and ethics should step down or be ousted. 

Time for term limits for prosecutors, whose power gets so entrenched that they don't care who they destroy along the way.  Arizona has a long sad history. When disbarred and disgraced ex-Maricopa County Attorney Andrew Thomas can run for Governor in the GOP primary, there is a serious problem. If Thomas gets away with it, others will follow.

DNichols
DNichols

@seedyward52

Are you threatening a Judge?

Best of luck with that.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz  This situation is a crisis and jeopardizes the integrity of the justice system which the AG "controls".

SeedyWard
SeedyWard

@ConcernedCitizenAZ  Also, remember the so-called "Drug War" as a major cause of the rising prison population. Add to that the rise of the private prison industry (slave labor, in fact) that lobbies for more and longer sentences to line their own pockets. All of that adds up to a recipe for disaster.

danzigsdaddy
danzigsdaddy topcommenter

@seedyward52 ahhhh............those were the days. just imagining that bloated Elmer Fudd twin being hoisted and run through town with tar, feathers and wide open bewildered eyes gives me a good feeling

TommyCollins
TommyCollins topcommenter

@DNichols David, I guess I missed something. Who is the judge who is being threatened here? Sheila Polk is the county attorney in Yavapai County, I believe.


Cozz
Cozz topcommenter

@ConcernedCitizenA

Since when did the justice system in Arizona have any integrity ?

deniseaz2003
deniseaz2003

@MaskedMagician1967 True ,, he was hung ,back in Wyoming , he as some say was an outlaw,  others say a good "cop" gone bad, and others yet say he was set up . some of those who have done some sideline detective work say he knew too much and had information on the cattle barons of the Johnson County War . 


he was as well a cattle theft detective for the Wyoming Cattle Assoc. 

but this man of the years of the past out of Wyoming history,  is nothing, and not even close to the scum Tom Horneeeeee ,, here in Az lands

MaskedMagician1967
MaskedMagician1967 topcommenter

Zigs, there was an Old West outlaw named Tom Horn....

While he wasn't run out of town on a rail or tarred and feathered, he was arrested after he made a drunken "confession" to a U.S. Marshal.

He was found guilty and hanged the day before his 43rd birthday....

There is the possibility he didn't commit the crime he was charged with (murder. He allegedly killed a 14-year-old.)

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