Courts & Law

Arpaio on Trial (Update)

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Posted by AzBlueMeanie:

When testimony in the trial began last Thursday, Sheriff's Deputy Louis DiPietro took the stand as plaintiffs' attorneys zeroed in on his motivation for stopping Manuel de Jesus Ortega Melendres, a Mexican tourist in the U.S. legally, who was stopped outside a church in Cave Creek where day laborers were known to gather. Melendres was the passenger in a car driven by a White driver.

Melendres claims that deputies detained him for nine hours and that the detention was unlawful. (This plainly would violate the "stop" conditions for SB 1070 laid down by the U.S. Supreme Court recently in Arizona v. U.S.) Attorneys for the plaintiffs have long contended that the Sheriff's Office conflates being Hispanic and being a day laborer with being an undocumented immigrant. DiPietro said as much in his testimony. Racial profiling trial: Ruling to be based on current conditions.

When testimony resumed on Tuesday, U.S. District Court Judge Murray Snow directed questions to Deputy Louis DiPietro. Arpaio's words used against him at racial-profiling case:

[Judge] Snow focused in on the background, training and experience of Deputy Louis DiPietro, who stopped a car in Cave Creek that had just picked up a group of day laborers, including Manuel de Jesus Ortega-Melendres. Ortega-Melendres is a named plaintiff in the lawsuit.

Of particular interest to Snow was a statement DiPietro made last week regarding his opinion that most day laborers are in the country illegally. Attorneys for the plaintiffs have long contended that the Sheriff's Office conflates being Hispanic and being a day laborer with being an undocumented immigrant.

DiPietro said he formed that opinion based on the stop he made in Cave Creek nearly five years ago.

"Is there any other basis other than that day on which you have now formed that opinion," Snow asked.

"The fact that that type of work doesn't require any type of, um, you don't have to show an ID, um, it would be easier, that type of work would be easier for, um, a person in this country illegally to, um, get because they wouldn't have the proper paperwork for other types of employment," DiPietro replied.

After a little more than an hour on the stand, DiPietro was excused.

On to the main event Tuesday. Crazy Uncle Joe Arpaio took the witness stand next.

Saturday Editorial, July 21, 2012

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In the flurry of news and opinion gusting out of our computer screens and smart phones, it is easy to become ‘news blind’ – so focused on the flakes and flurries that we forget where we are headed. We stumble confusedly ahead with no map to our destination. It’s easy to get lost in the storm.

Donkeysatmanger2I personally read almost every news source in Arizona – and keep up with national reaction to our politics, as well – in bringing to readers of BlogForArizona the Arizona Donkey Feed, which appears on our right-hand sidebar every day (you may also have the Feed emailed to you daily). So I, too, often find myself in that blizzard without a map.

I decided I might like to sit down once a week and take some time to look around, and identify what I think are the most significant landmarks around where we stand now. It might not be a map that will tell us where we are headed, but maybe I can get some idea of where we are. Over time, perhaps it will become a map of sorts.

I would also like to let you all know that Matt Heinz, candidate for Congressm in AZ’s CD 2, will be guest-host at Drinking Liberally in Tucson. Come down to the Shanty of 4th Avenue this Wednesday at 6pm and enjoy a beer with Matt.

So, here are some thoughts on what I think are the most important, or just most interesting, developments in the past week in Arizona’s politics…

Arpaio on Trial

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Posted by AzBlueMeanie:

The "most corrupt sheriff in America," Crazy Uncle Joe Arpaio, goes on trial today in a civil lawsuit for a declaratory judgment that the Maricopa County Sheriff's Department has a systematic policy of discrimination of racially profiling Latinos. U.S. District Court Judge Murray Snow is presiding over the trial that begins today and is expected to last until early August. Ariz. sheriff faces profiling allegations at trial:

Now, the sheriff in Arizona's most populous county will have to convince a federal judge who is presiding over a lawsuit that heads to trial on Thursday and is expected to last until early August.

The plaintiffs say Arpaio's officers based some traffic stops on the race of Hispanics who were in vehicles, had no probable cause to pull them over and made the stops so they could inquire about their immigration status.

"He is not free to say whatever he wants," said Dan Pochoda, a lawyer for the American Civil Liberties Union of Arizona, one of the groups that has pushed the lawsuit against Arpaio.

"He will be called as a witness in our case," Pochoda said. "He will not have control over the flow of information, and he is not the final arbiter."

The plaintiffs aren't seeking money damages and instead are seeking a declaration that Arpaio's office racially profiles and an order that requires it to make changes to prevent what they said is discriminatory policing.

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The lawsuit marks the first case in which the sheriff's office has been accused of systematically racially profiling Latinos and will serve as a bellwether for a similar yet broader civil rights lawsuit filed against Arpaio in May by the U.S. Department of Justice.

Superior Court smacks down ‘Birther’ Bennett: Quality Education and Jobs Act petitions must be verified

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Posted by AzBlueMeanie: The Maricopa County Superior Court smacked down "Birther" Secretary of State Ken Bennett today for his refusal to accept the petitions of the Quality Education and Jobs Act initiative on the specious grounds of a "clerical error," based upon the practices of his office, not any requirement of statute. Judge Robert Oberbillig had harsh words … Read more

Planned Parenthood sues to block defunding of women’s health clinics

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Posted by AzBlueMeanie:

Our lawless state legislature and Governor are like a full employment program for lawyers and judges. Tea-Publican authoritarianism and religious extremism leads them to violate the law and the constitution constantly. How many times do they have to be beat down by the Arizona Supreme Court and the U.S. Supreme Court?

Uterus-stateA lawsuit was filed last week to challenge the unconstitutional abortion bill passed by our lawless legislature. On Monday, another lawsuit was filed to challenge the unconstitutional attempt by our lawless legislature to defund Planned Parenthood women's health clinics. Planned Parenthood wants court to block law forbidding Medicaid funding to abortion providers – East Valley Tribune:

Planned Parenthood asked a federal judge Monday to block a new law which would bar it from getting state Medicaid funds.

The complaint says the Legislature acted illegally in approving a measure which forbids any funding from the Arizona Health Care Cost Containment System, the state's health insurance for the poor, to any organization which also provides abortions. It asks Judge Neil Wake to prohibit Arizona from implementing the law as scheduled on Aug. 2 and, eventually, to declare it void and unenforceable.

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According to the lawsuit, Planned Parenthood has more than 66,000 patient visits a year, including about 3,000 from those eligible for AHCCCS. Services provided include pap smears, breast exams, contraceptives and tests and treatments for sexually transmitted diseases.

It also provides abortions at five of its 13 Arizona locations.

Current federal law precludes Medicaid funding for abortions except in narrow circumstances.