Arpaio and Thomas RICO Lawsuits Dismissed

Things have been rapidly going south for Sheriff Joe and his waterboy, County Attorney Andrew Thomas (pic) as I predicted, here on Bad Lawyer several times since I began to following the stories out of Maricopa County.  Here's the current story at AZCentral.com.

Remember this is the sheriff who called his memoir (the one he didn't write and later admitted, he didn't read) America's Toughest Sheriff; and his prosecutor-on-call, Andrew Thomas.  Essentially the tale of woe is about tax-funded abuse of political and prosecutorial power by Arpaio and Thomas as they indict and sue multiple Maricopa County elected officials for racketeering including indicting Judges who stand up to them and who have the umbrage to throw their frivolous indictments and lawsuits out of court. 

As I suggested sanity was going to creep in the moment Arizona's Supreme Court stepped in and named a special master, former Chief Justice Ruth McGregor to oversee all the Arpaio/Thomas litigation.  Secondly the federal RICO (racketeer influenced corrupt organization) lawsuits filed by Thomas were a step way over the line.  By invoking the federal court jurisdiction, Arpaio and Thomas exposed themselves to pretty heavy sanctions which are already hitting them in a separate civil rights action over the destruction of emails they were ordered to preserve and turn over. 

Likewise state courts have repeatedly tossed the state court indictments including re-indictments dismissed by a visiting judge who called Thomas' actions purely political.

These clowns, Arpaio and Thomas have actively undermined the respect the public once had for their sheriff and prosecutor.  It's truly amazing, the fear this clown had struck with his terrorist tactics in dealing with public officials.  It's coming to an end, I predict at the end of the day, Andrew Thomas will lose his law license.  A lawyer who is a public official cannot seek indictments and file civil lawsuits that are solely intended to punish political opponents without paying an ethical price.  Thomas went way over the line, the disciplinary proceedings have been initiated and they will grind away over the next couple of years, the only thing Thomas has going for his at this point is that the conduct is so complex and byzantine that it make take a long, long time to whack him, but in my opinion he has forced the hand of disciplinary authorities by his hubris.

Another Sheriff With His Head Up His. . .

Newton County, Missouri Sheriff Ken Copeland "has his head up his ass" according to the report of the Springfield, MO. website, The Crime Scene.   The more stories like this that I accumulate from around the country, I'm beginnig to realize that this is a technical condition endemic to sheriffs.  God forbid you expect these stupid bastards to do their job which after all is primarily "peace keeping" and assisting in the administration of justice for the people of their local county government.

Attorney Duane Cooper went to the Newton County jail to see his client and was refused admittance, and refused admittance, and refused admittance.  Cooper had to obtain a court order after hours  from Judge John LePage to gain acccess to the jail visit for the purposes of doing the business of criminal laweyer and criminal defendant.  The thing is, Missouri law is definitive, a lawyer may see his client at ANYTIME.  So after Cooper gets Judge LePage's Order to see Cooper's client, what might you think was Sheriff Copeland's reaction?  Yeah the Sheriff wasn't happy.  In fact Sheriff Copeland called Cooper on the phone and used some colorful language.

Cooper never did access to his client, once again proving   If I was attorney Cooper, well I think you know what would have happened.  He doesn't need my advice.  The voters in these jurisdictions are foolish and they better start waking up, their "tough Sheriffs"act as if they work for in Banana Republic--and no I don't mean the clothing retailer. 

Source:  http://crimesceneinvestigations.blogspot.com/2009/12/pineville-lawyer-says-newton-county.html

Sheriff Joe--An Overview

Great explanatory overview of the current controversies involving my favorite Sheriff, Joe Arpaio at Huffington Post, by Dawn Teo.  Sheriff Joe and his political butt-boy the Maricopa County Prosecutor have been busily charging and obtaining indictments of all of Joe's political opponents in Maricopa County including Superior Court Judges.  The feds are finally getting involved setting up a tip hotline directed at the Sheriff.  Apparently, the federal phone banks have been overwhelmed with calls.  Somehow I have a sense that this is not going to end well for Sheriff Joe. 

I do believe in Karma and Sheriff Joe, finally, may be at that place where he begin to will harvest the seeds he's sown.  I'll keep you posted.

For more:  http://www.huffingtonpost.com/dawn-teo/sheriff-arpaio-indicts-po_b_385086.html

Ma'am You're Speeding, Here I Need You to Blow On This!

Former North Las Vegas police officer, James Vernon Clayton had a practice of "soliciting dates" during the traffic stops of women he considered attractive.  He just entered a plea of guilty to three counts of attempted misconduct and two counts of "oppression under color of office."  Apparently Patrolman Clayton tried to enter guilty pleas at a hearing last month but would not admit that he asked for sex in exchange for dropping tickets, the court would not accept his plea.

At yesterday's hearing Clayton admitted he asked for oral sex from one of the women he pulled over for speeding.  He is to be sentenced May 18th,

http://www.lasvegassun.com/news/2009/dec/08/officer-accused-seeking-dates-during-traffic-stops/

Why I hate cops! Let me count the ways...

In Oakland, California, a Bay-Area Regional Transit (BART) cop was filmed beating the snot out of some poor schizophrenic schmuck, running the guy's head into a plate glass window, shattering the window. The victim was charged with assault and battery for the lacerations to the cop.  The video is at CNN.  http://www.cnn.com/video/  

BART is the same department that employed Johannes Mehserle, a cop that murdered Oscar Grant, III,  also caught on video.  The Oakland Tribune is covering the ongoing prosecution of Officer Mehserle see: http://www.insidebayarea.com/  and the full coverage is at:  http://www.insidebayarea.com/oakland-bart-shooting

But the story that really caught my attention is the slaying of wheelchair-bound Canadian singer/songwriter Thomas Reid (of the folk rock group Rehab Mama) by the Texas Rangers in Fort Stockton, Texas last Friday.  Get this, the Texas Rangers say Mr. Reid somehow wrestled a gun away from an able-bodied Texas Ranger and turned the gun on them.  Uh, huh. Right.  For more on this story:
http://www.torontosun.com/news/canada/2009/11/23/11892266-qmi.html

Let me assure you, I could fill this blawg with examples of the police abuse of power, trivial abuses of police authority to fatal failures, every week, week-in and week-out.

Are there good police, you bet.  I know many terrific policemen and women.  Do the police feel under attack by lawyers, the community, and the media?  Undoubtedly. But, when the police stand behind the officers who commit these acts, and rationalize the abuse of power they deserve our contempt and more.

Now, explain something to me, why is one of the BIG STORIES, in heavy headline-rotation, that annoying southern chef, Paula Deen getting boinked in the nose?

Why I hate cops!

http://rawstory.com/2009/10/dallas-police-issued-traffic-tickets-speaking-english/

Let's face it.  Cops can be bullies.  The sort of personality that finds its Badass-way into policing often turns out to be the sort of personality that loves to exercise police power.  


I'll never forget the first revelation of this truism when as a young worker downtown I watched a police officer doing impromptu traffic detail decide that we drivers weren't proceeding the way he wanted us to down a narrow street--so, in addition to screaming at us to move this way or that--when I didn't move with the appropriate alacrity he pounded on the hood of my car.  I was stunned.  


Then there is this guy:



In Our Hometown there is a notorious cop, Jimmy Shootem.  Shootem has killed five criminal suspects over the years. The last Shootem victim being an unarmed bank robbery suspect that Shootem chased down the street and shot from the window of a civilian car, that Shootem commandeered in order to pursue this stupid bastard.  Amazingly, only 5 people have died at the hands of Shootem who's found reason to discharge his gun at another eleven suspects.  A local columnist for Your Hometown Newspaper had the termerity to suggest that just perhaps Shootem was a little excessive and the hue and cry nearly cost her, her job.  The columnist asked, what would you call someone who has killed 5 people over the years who was not a cop--she said a serial killer.  In Shootem's case, considering how many times he's missed suspects that he's shot at: I said, a bad shot.


In addition to being a menace to public safety, Shootem is also a bully.  He patrols an area of town just west of the downtown in a market district where hipsters are trying to rehab dilapidated storefronts.  Shootem likes to ticket cars that don't park perfectly in front of these businesses, and in the case of my client, a motor scooter business.   Shootem was issuing tickets ot the businessmen for "sidewalk obstruction" when customers parked their scooters and other vehicles on the double-wide sidewalk in front of the various stores.  My client protested the ticket he received and was arrested for "carrying a concealed weapon" when Shootem noticed a pair of "Leatherman multi-pliers" in a canvas case on this Motor Scooter Shop Owner's belt.  The pliers had a small utility knife folded up in the plier handle.  The arrest was recorded on a dashcam.  The retailer asked Shootem why he harassed business people saying to Shoooter, "if your Dad was a businessman trying to do business in this neighborhood would you give him a ticket..."  Shootem went nuts.  He told the business man to shut up and said, "How would you like it if I called your mother a whore?"


At least Shootem didn't kill the business man.  Fortunately for the Motor Scooter shop dealer the Judge who heard the case had seen enough of Officer Shootem over the years and threw the case out of court.   Still the arrest and prosecution lasted six months and cost this client endless time in the Halls of our Justice Palace.


But Shootem is a local hero.  In the minds of citizenry Jimmy Shootem is a bastion against lawlessness--forget innocent until proven guilty.  This insane bully gets away--well, let's leave it at manslaughter.  Jimmy Shootem has his own Facebook page (with lots of fans) and a Wikipedia entry.  Awesome!  And you thought popular fascism was dead in America, not a chance.