Joe Arpaio Protesters Score Nearly $500K in Settlements from Maricopa County

From left, Jason Odhner, Kristy Theilen, Monica Sandschafer, and Joel Nelson, after being released from the 4th Avenue Jail following their arrests for "clapping" at a public meeting in 2008

A group of seven activists either arrested or cited by the sheriff's office as a result of demonstrations at Maricopa County Board of Supervisors' meetings have settled their claims for wrongful arrest and malicious prosecution for a total of nearly $500,000.

All seven were suing the county separately, and had submitted notices of claim for hundreds of thousands of dollars each. In a day-long mediation this Tuesday, the parties agreed upon substantially lower figures.

Apparently, one individual was not happy with the settlements: Sheriff Joe Arpaio's Chief Deputy David Hendershott, who was present at the mediation, according to several sources.

These sources tell me that Hendershott threatened the mediator, former Superior Court Judge Christopher Skelly, with some sort of legal action.

Maricopa County spokeswoman Cari Gerchick declined to comment on the allegations involving Hendershott and Skelly, but she did provide the text of a letter she said was sent over by the sheriff's office to Skelly during the mediation,

"This is a litigation hold requesting that all notes, emails, correspondence and other documentation in the matter of_____be preserved in light of prospective and future litigation."

Sources describe Skelly as being visibly upset and offended by the encounter with Hendershott. They also described Skelly crumpling the letter in his hand in outrage.

Skelly declined comment on the matter. I put in a call to MCSO spokesman Brian Lee for a response, but have yet to receive a call back.

The move to settle the lawsuits was the county's call to make, not that of the sheriff's office.

"The cases were settled," said Gerchick, "to avoid a costly and protracted litigation battle, which would have exposed the county and the taxpayers to great financial risk."

Indeed, the arrests themselves were absurd overkill on the part of the MCSO. They involved, in one instance, the collaring of four women after a peaceful protest, where demonstrators donned cat and dog masks outside one Board of Supervisors meeting.

That demonstration had been planned in part by the group Maricopa Citizens for Safety and Accountability, which was trying to get placed on the board's agenda at the time to discuss Sheriff Joe's misplaced priorities. The protesters were irked that a county "Pet of the Month" could get on the agenda, but not their group.

In another particularly egregious incident, four members of the group ACORN were arrested by MCSO deputies at a Board of Supervisors meeting after they applauded a speaker. (Two of them, Monica Sandschafer and Kristy Theilen, had been arrested at the earlier demonstration as well.)

That's right, they were arrested, booked, and spent 10 or 12 hours in jail for clapping. Another rogue clapper, MCSA organizer Raquel Teran, was later cited.

In all cases, charges were either dismissed or the defendants acquitted. In the clapping case, Justice of the Peace C. Steven McMurry wrote an order criticizing both the MCSO and the County Attorney's office under Andrew Thomas.

Jason Odhner, one of defendants in the clapping case, settled for $75,000. At the time he was arrested, he was studying to be a nurse. He recalled how the charges against him interrupted his career.

"Arpaio gave me one scary night [in jail]," he said. "But I wasn't able to get my nursing license and was unemployed for six months because I was facing criminal charges. [Andrew] Thomas moved forward with a case he knew had no merit."

Asked if he was pleased with the outcome, Odhner confessed to mixed emotions.

"It's a weird thing, this idea that it can all be reduced to an economic transaction," he replied. "I'm not under any illusion that we've created real accountability. Because we've seen again and again that getting sued repeatedly is not a disincentive to the sheriff's department."

http://blogs.phoenixnewtimes.com/bastard/2010/07/joe_arpaio_protesters_score_50.php

Glendale police union backs Arizona's immigrant crackdown

by Dustin Gardiner - Apr. 20, 2010 08:27 AM
The Arizona Republic

One of Glendale's police officer unions is endorsing an effort by state lawmakers to give Arizona some of the toughest immigration laws in the nation.

Senate Bill 1070 would make illegal immigration a misdemeanor offense under state law, allowing local law enforcement officers to detain individuals on suspicion of being in the country illegally if they cannot produce a valid government ID or registration card.

The bill is expected to head toward Gov. Jan Brewer's desk for a signature within the coming days.

Officer Justin Harris, president of the Glendale Law Enforcement Association, said the bill gives police, who are only charged with enforcing state laws, the power to detain undocumented immigrants and turn them over to federal Immigration and Custom Enforcement agents.

"It takes the handcuffs off law enforcement," he said. "Our hands are tied without these laws in place."

Harris said the bill's sponsor, Sen. Russell Pearce of Mesa, approached GLEA and other police unions at the start of the legislative session to secure their support.

Opponents of the bill say it would promote racial profiling and prevent potential witnesses from coming forward or cooperating with police out of fear they could be deported.

"I get calls from mothers whose 15-year-old daughters get raped and they're afraid to call police," said Hector Yturralde, a Latino activist and former president of the Arizona Hispanic Community Forum.

"All these laws being passed are nothing but Jim Crow wannabes," he added, referring to laws in the Old South enforcing white supremacy.

Harris said the undocumented community has no reason to fear police will be overzealous to the point of arresting victims or witnesses.

"We're not going to treat the victim as a criminal," he said.

Given the budget cuts facing Glendale and other cities, Yturralde questions why police would use their limited resources to pursue people for "minor" immigration violations when they could be going after hardened criminals.

Harris argues that by taking illegal immigrants off the streets, police will be preventing future crimes they might commit.

He said someone who "sneaks past border agents through the desert and under fences" knows they're doing something illegal and is more likely to commit other crimes.

"If we can focus on stopping the less serious crime, that in itself stops crime," Harris said.

Yturralde said there's no clear evidence to support claims that illegal immigrants commit crimes in higher numbers.

"Not even the FBI has these statistics," he said. "This is absolutely insane."

Glendale's other law enforcement union, the Fraternal Order of Police, has not taken a position on the legislation.

http://www.azcentral.com/community/glendale/articles/2010/04/20/20100420-glendale-az-police-union-backs-immigrant-crackdown.html

Phoenix officer fights for job after steroids test

A Phoenix police patrolman who tested positive for steroids could lose his appeal to get his job back after a city hearing officer ruled that his firing should be sustained.

Carl Ramirez said he was victimized by a false-positive test triggered by a legal supplement he purchased legally over the counter. He tested one-tenth of a nanogram - or one 10-billionth of a gram - over the Police Department's allowable threshold for nandrolone, a common form of anabolic steroids popular with athletes.

The Phoenix Civil Service Board will make a final decision Thursday on whether Ramirez should get his job back. The board is also preparing to hear a separate appeal of another officer, a former Arizona Rattlers football player fired after he tested positive for a significantly higher level of steroids.

Both officers claimed steroidlike supplements played into their positive tests.

Ramirez, 39, lost his job on a Cactus Park Precinct neighborhood enforcement team after his positive test in March 2009. He was fired in October and has been unemployed since.

Some officers questioned the effectiveness of the zero-tolerance Phoenix police steroids policy in educating officers about supplements. Police leaders said the department has always warned officers about strength-building compounds sold in nutrition stores or over the Internet.

In a Feb. 28 recommendation to the board, a Phoenix hearing officer said Ramirez violated police policy. The review found the random test was valid and suggested Ramirez was at fault for not paying attention to the drugs he put in his body. The review capped months of appeals and discussion about police steroid testing.

"(Ramirez) did not exercise enough due diligence to determine what compounds were in the supplements which he consumed nor did he attempt to learn or understand what is in the compounds which he had added to his protein drinks while at the fitness centers," hearing officer Cecil B. Patterson Jr. wrote in his recommendation to the city's Civil Service Board, which reviews appeals of police terminations.

Patterson, like other hearing officers, is contracted through Phoenix to provide legal recommendations in Civil Service Board appeals.

Ramirez appealed his termination through the Phoenix Law Enforcement Association, which has also raised concerns about the lack of detail about supplements in the department's steroid-prevention materials.

Ramirez disagreed with the details of his test and said he hoped the city would view his case as a simple error in judgment.

"Now no other department in the state will touch me," said Ramirez, who joined Phoenix police four years ago after working for years as a civilian investigator.

Phoenix police Cmdr. Kim Humphrey said officers have had access for about three years to an educational video about steroids and "written material from the DEA which very clearly covers supplements." Humphrey added that the department would consider partnering with other organizations to continue to enhance its steroid policy.

Ramirez's positive test was followed by Officer Cedric Tillman, a Squaw Peak Precinct officer who played in the Arena Football League prior to joining the Police Department. Tillman tested positive for a banned steroid substance at a level nearly 100 times Ramirez's, police said.

Tillman's appeal is set for April 28, according to Phoenix personnel staff.

Will Buividas, a Phoenix Law Enforcement Association board member, said that many officers go to the gym and build muscle with supplements they believe are legal.

While pro sports leagues list their banned substances, police departments provide more general warnings.

"When members call me up to ask what to take, what not to take, I tell them to look at the NFL's list," Buividas said. "You should be reading the labels, but if it lists a hundred different things, how are you supposed to know?"

http://www.azcentral.com/news/articles/2010/03/05/20100305officer-could-lose-job-over-steroids.html

Radio KASA's Carlos Galindo's Thursday Run-In with MCSO Deputies

Radio personality Carlos Galindo gets the MCSO treatment Thursday

Above is a video sent to me by activists out monitoring MCSO activity in Maryvale yesterday. According to the activists and others I spoke with, there were about 50 or so MCSO deputies gathered at the John F. Long Community Center at 3454 N. 51st Ave. This was about mid-day on Thursday, August 28.

Initially, both activists and media believed it to be the beginning of an MCSO anti-immigration sweep. It wasn't. One journalist at another outlet I spoke with said that the MCSO told him it was narcotics-related, and that MCSO deputies ordered reporters not to follow them. Many of the activists said they received the same warning from MCSO deputies, and that they were threatened with arrest if they followed the MCSO when they left the area.

In addition to KASA AM radio personality Carlos Galindo, shown here, others there watching the MCSO were harassed and told not to videotape MCSO activity because there were supposedly "undercover narcotics officers" present. Thing is, if you're in public videotaping cop activity, and you're not "interfering" with their investigation, you're within the bounds of the law. Hell, Phoenix Copwatch does this sort of thing on regular basis.

Of course, that doesn't mean the cops won't threaten to arrest you, act thuggishly, or even arrest you under false pretenses. It happens all the time, especially when you're dealing with rogue organizations like the MCSO.

It doesn't look like Galindo was doing anything wrong. The MCSO just didn't want him there videotaping them. Fortunately, he wasn't arrested, though he looks like he was seconds away from it. The cocky white-haired leprechaun with sunglasses on is Dave Letourneau, Captain of MCSO's SWAT Team, known for intimidating protesters at events like this. The white, bald deputy who apparently opened Galindo's door is Sgt. Poe, one of Letourneau's underlings.

You may remember this pair from the infamous "cone incident" back in April during the MCSO's Avondale anti-immigration sweep. Check this link for an explanation and a video of their outrageous conduct back then. In any case, the bulls had Galindo surrounded, and were simultaneously ordering him to leave and preventing him from leaving by opening his car door. Galindo's lucky he didn't get collared by these cowboys.

The irony is that the MCSO might have been involved in legitimate police activity for a change. Hard to tell. But the MCSO has so poisoned the well with the community through Sheriff Joe Arpaio's anti-brown dragnets that now activists dog deputies' every step, and rightly so. If Arpaio were not at war with Maricopa County's Hispanic community, probably no one would have paid any attention to a gaggle of MCSO deputies like this, collected at a community center parking lot in the middle of the day.

There's more video to come on yesterday's MCSO operation from other sources. I'll put it up as I get it.

http://blogs.phoenixnewtimes.com/bastard/2009/08/local_radio_host_calos_galindo.php

Joe Arpaio's 168 287(g) Officers: Names, Ranks, Serial Numbers, Etc.

Sharing is caring. That's why I'm posting a link to a list of the names, ranks, serial numbers, hire dates, and pay rates for Sheriff Joe Arpaio's 287(g)-trained deputies. (You can view the list, here.) These are the deputies trained by the feds to enforce federal immigration law, and according to this roster released by the sheriff's office in response to a public records request, there are 168 of the Hispanic-hunting gendarmes in Arpaio's ranks.

Notable names include Sgt. Brett "Shut Up" Palmer, known for making hostile remarks toward elected county and city officials during an MCSO press conference earlier this year; Deputy Loren Gaytan, the MCSO's liaison to the town of Guadalupe and a participant in the MCSO's notorious Honduras project, training law enforcement down there; and Officer Anthony Reese, who may have been present when immigrant Maria del Carmen Garcia Martinez's arm was broken in MCSO custody.

Oddly, neither SWAT Team Captain David Letourneau, nor Lieutenant Joe Sousa are listed as being 287(g)-trained, though both are usually part of MCSO's anti-immigrant sweeps and raids.

I had asked ICE for this list through a FOIA request. But despite the vaunted "transparency" of the Obama administration, the feds responded to my request with a document wherein the actual names of the deputies involved were redacted. The MCSO to its credit simply coughed up the list shortly after I asked for it.

Recently, certain human rights activists in town have informed me that they've been trying to obtain this list to no avail, so now everyone will have it at their disposal. After all, whether they like it or not, these deputies are public servants. We pay their salaries, and have a right to know who they are.

http://blogs.phoenixnewtimes.com/bastard/2009/08/joe_arpaios_168_287g_officers.php

Free the Fonz! Fronzo West Jailed for Telling Authorities "Fuck the Police"

Why are cops afraid of The Fonz? A combination of camcorder and freedom of speech.

Phoenix civil liberties activist Fronzo West is currently doing time in the Maricopa County jail for exercising his freedom of speech rights as enshrined in the First Amendment to the U.S. Constitution.

Folks like to say we have freedom of speech in this country, and in theory, we do. But in practice, it's a whole 'nother matter. West, 65, challenges that theory nearly every day of the week here in Phoenix by riding around in a car emblazoned with the slogans "Fuck the Police" and "Stop Police Brutality." He goes further than that. Everything he wears, from the cap on his head to his loafers also bears the same anti-cop messages.

For West, it's part of a self-appointed crusade against police heavy-handedness that dates back some 30 years, when "The Fonz" as he's known around town, was wrestled to the ground in downtown Phoenix by white police officers. The Fonz, who is black, was roller-skating -- his preferred mode of ambulance -- while carrying his child in a papoose. The Fonz's mixed race kid was white in appearance, and this is what led the cops to believe something was askance. The entire ugly incident was captured on tape by a local TV news crew, and watching it now is, to say the least, a surreal experience.

Since that time, Fonz has driven around town in a vehicle scrawled with his opinions about the local gendarmes. He also stops to videotape them whenever he spies them pulling someone over. But Fonz, a Navy vet who served this country during the Vietnam war, pays a price for his activism, and for expressing himself so boldly. That is, whenever cops of any stripe see his car or his garb, they harass him, pull him over, and find something to cite him on.

Fonz has no idea how many times he's been arrested, and a cursory check of court records does not reveal all of the times I know he's been collared after I first met him several years ago. (There are numerous jurisdictions involved.) But he must've been taken into custody scores of times since he began his mostly one-man "Stop Police Brutality" organization.

It should be noted that Fonz has a Gandhi-like approach to local law enforcement. When they begin to question him after seeing his clothes or his car, he remains silent. If they approach him and lay hands on him, he does his patented "Fonz flop" and falls to the ground, a textbook example of passive resistance.

As a result of doing this for decades, many cops know who he is, as do many judges and justices of the peace. As Fonz offers no threat to the community, and as his continued harassment by law enforcement does nothing but waste cops' time and taxpayer money, you'd think they'd just ignore him. But that'd be like a Spanish bull ignoring a red sash. And so, Fonz inevitably ends up in court on some pretty bogus charges, like "failure to obey" a police officer.

According to his longtime lawyer Steve Suskin, a former La Paz County Attorney who currently represents New Times in numerous matters, when Fonz ends up in Phoenix municipal court, the judges there, who are all lawyers, overlook his clothing, perhaps as a nod to the First Amendment issues involved. But in the justice courts, the Justices of the Peace are so disturbed by Fonz's attire that they frequently order him to remove his shirt or order him out of court altogether.

Fonz's predicament has resulted in some fairly amusing episodes. Once, when ordered to remove a shirt with an offending inscription, he did so, only to reveal another beneath it with the same message. In another incident I witnessed and wrote about in April of last year, JP C. Steven McMurry lashed out as soon as he saw the Fonz, sputtering, "I am not having that 'Fuck the Police' [shirt] in the court!"

Fonz left the courtroom, and later, McMurry apologized for repeating in court the very phrase he wished to forbid.

Fonz's appearance before JP Armando Gandarilla a couple of days ago was not so amusing. Before Gandarilla on lame charges of "unsafe lane usage" and "failure to obey" a police officer, Fonz was wearing his Eff the Po-Po uniform as always. Gandarilla held Fonz in contempt, and Fonz is currently in MCSO custody on a $500 bond until his case is heard Friday morning.

"I think the judge's thinking was, he'd be in jail the rest of this time," explained attorney Steve Suskin. "And when the sheriff's deputies brought him back to the court, he'd have a striped suit on. That's fine. You can have a trial with a striped suit on, but you can't have a trial with a `Fuck the Police' shirt on."

Keep in mind that Fonz's already spent several days in county after being arrested on the original charges back in March. If you take a look at the DPS reports generated by the March incident, you can see what a mountain the four -- count 'em, four -- DPS officers made out of this molehill. (You can read them for yourself, here.)

What was Fonz stopped for? According to Officer L.A. Lopez, it was because as Fonz was exiting I-17 at 16th Street, the car's "right front and rear tires crossed over the fog line by a full tire width." We all know this wasn't the real reason. Lopez and the other officers do allude to the real reason by stating at the top of their reports that, "the vehicle was also covered in red anti-police graffiti/slogans such as `Fuck the Police' and `Stop Police Brutality.'"

The remainder of the reports are like something right out of a script for Reno 911, save for the fact that it sounds like Fonz was moments away from getting gunned down. Lopez reports that, "The driver a black male immediately exited the vehicle pointing a silver object in my direction that was in his left hand as he stood in the roadway." The "silver object," of course, was Fonz's camcorder. A black man with a silver object in his hand? Fonz is lucky to be alive.

True, Fonz probably could have parked in a more convenient location for the patrolmen, and he was hardly what you call cooperative. On the other hand, Fonz should have never been pulled over to begin with.

The DPS officers go on to search Fonz's vehicle without his permission or any probable cause that I can see. They find what they call "burglary tools," basically a couple of slim jims. When having one of these became illegal is beyond me, but interestingly this one semi-serious charge is the one that's been dropped. There were no drugs or any other sort or contraband in Fonz's car. So this illegal search and seizure produced nothing of import. I should also mention that one officer's sinister suggestion that Fonz is an IV drug user is completely untrue, based on zero evidence whatsoever.

It's not the first time Fonz has gone to jail on petty charges, drummed up and enforced because those with authority don't like Fonz's message. Nor will it be the last. Fonz is not afraid of jail, and indeed, he seems to feel it's part of his duty as a citizen to be incarcerated for challenging unchecked police power. As we approach the Fourth of July, I would posit that Fonz is a true patriot, a Yankee Doodle Dandy wearing his declaration of independence on his sleeve, and every other part of his clothing.

Justice Gandarilla and the DPS officers involved should be ashamed of themselves for what they've done, in no small part because Fonz is a veteran who is not in the best of health. The last time he was in the hospital, his heart stopped and he had to be revived. As the police are hardly gentle with Fonz when they arrest him, I anticipate that he will one day die in custody, just because his eccentric devotion to certain constitutionally protected phrases ticks off those bearing badges and black robes.

UPDATE: The sheriff's office was supposed to deliver Fonz to JP Gandarilla's court Friday morning at 9 a.m., but did not do so. JP Gandarilla told attorney Steve Suskin that he would sign an order of release for Fonz.

I called down to the court, and am awaiting a call back from someone who works for Gandarilla to tell me whether or not this was done, and if Fonz has been released.

This farce will continue after the court reschedules the trial on these bogus misdemeanor charges Fonz faces. More as I get it.

http://blogs.phoenixnewtimes.com/bastard/2009/06/free_the_fonz_fronzo_west_jail.php

Joe Arpaio's Guards Break Woman's Arm, ICE Releases Her on Own Recognizance

Maria del Carmen Garcia Martinez, after being released from ICE custody.

Immigration and Customs Enforcement released a suspected illegal immigrant Thursday night after it was determined that her arm had been broken while she was in MCSO custody.

Maria del Carmen Garcia Martinez was released on her own recognizance, her left arm slung in a cast after she received treatment at St. Joseph's. She had been turned over to ICE earlier in the day by the MCSO. ICE took her to St. Joseph's for medical attention, photographed her injuries and released her with a pending court date around 8 p.m. from its offices on Central Ave.

Martinez, being greeted by her family outside ICE's Central Avenue HQ.

Martinez, 46, was met by her family, Respect/Respeto activist Lydia Guzman and a couple of reporters, including yours truly. Her left arm was swollen as was her leg and ankle. As her daughter Sandra translated, she explained that she was recently arrested by the Phoenix Police Department, after she was questioned about posting signs for a yard sale.

She said she was arrested for a having a fraudulent I.D., even though her I.D. was an out-of-date I.D. card from California, according to her. Martinez was then collared and booked into MCSO custody.

(Oddly, the Phoenix PD's on-call spokesperson, an Officer Holmes, said he could find no record of Martinez in their system.)

While in custody at Lower Buckeye Jail, Martinez said she was brutalized by six MCSO detention officers, who were trying to get her to put her fingerprints on a voluntrary removal order, a document wherein an undocumented foreign national gives his or her consent to be repatriated.

(Lydia Guzman asserted that sometimes MCSO will attempt to get a fingerprint instead of a signature for the VR form. An ICE spokesman had no immediate explanation for this procedure.)

Martinez refused, as was her right, but the officers tried to force her, she said. They stepped on her, twisted her arm, and beat her. She noticed that one of the officers was Hispanic.

"Why are you doing this to me, when you came from Mexico also," she told the Hispanic guard.

She was placed in a cell by herself, and later that night she was visited by eight MCSO officers, who warned her to sign the VR, or, "We're all going to get you," she said they told her.

Martinez's right hand was swollen, and stained with blue ink.

A fellow inmate advised Martinez's daughter that her mother had been beat down. She feared for her mother's life, and advised her lawyers, who filed an emergency stay on Martinez's behalf.

According to her daughter Sandra, Martinez was a housemom, who stayed home and took care of the family. Martinez's husband works as a handyman. They came here three years ago from California, looking for a less expensive way of life.

"I'm proud of her, and I'm glad that she's out," said Sandra, her eyes welling with tears. "I couldn't sleep. I would think of her, and cry every night because I missed her so much."

Ironically, because the MCSO has apparently abused her, Martinez may get to stay in this country permanently, noted Guzman, who has been following the case since Martinez was arrested.

For updates on this item, check this related Bird column, and this Feathered Bastard blog update.

http://blogs.phoenixnewtimes.com/bastard/2009/03/joe_arpaios_goons_break_womans.php