By Carlos Miller
In a clear violation of a defendant’s attorney-client privilege, a Maricopa County detention officer was caught on video rummaging through the case file of a defense attorney as she and her client stood at the podium awaiting sentencing with their backs turned to him.
Detention officer Adam Stoddard then handed a document to detention officer Francisco Campillo who snuck off with it.
The defendant who turned in time to see the deputy swipe the document, informed his attorney, who in turn, demanded to know what exactly was going on.
“This the first time in ten years in practicing law that this has ever happened to me,” exclaimed defense attorney Joanne Cuccia, who was visibly astounded.
“I want to know what they took. Why they took it. And what’s going on.”
In a typical apologist response, Judge Lisa Flores acknowledged she didn’t know what was going on, but stated the following:
“I do just want to say for the record that the deputies in my courtroom are responsible for courtroom security and they have a quite a lot of leeway to do what they think is necessary in a situation.”
The incident, which took place last month, forced Flores to suspend the sentencing for Antonio Lozano, who is reportedly a member of the Mexican Mafia prison gang.
Detention officer Campillo eventually returned the document, admitting that he had made a photo copy of it.
The issue eventually went before Superior Court Judge Gary Donahoe to determine whether Lozano’s attorney-client privileges were violated.
Donahoe is the same judge who signed the search warrant that allowed police to raid the home of a blogger who was critical of them earlier this year.
Stoddard, who took the stand for two hours, told Donahoe that the document he removed contained “key words” that were detrimental to courtroom security.
But he also contradicted himself throughout his two-hour testimony, according to the Phoenix blog Heat City, who attended the hearing last Friday.
Donahoe, of course, sided with the detention officers, stating that before he would even consider holding the officers in contempt, Lozano would have to wave his attorney-client privileges and reveal the contents of the document that was swiped.
But isn’t that acknowledging that the document was protected under the attorney-client privilege in the first place?
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16 responses so far ↓
1 Long_Time_Reader // Nov 4, 2009 at 7:57 PM
I need a new computer monitor now. The stupidity, disregard for the law, and ambivalance of the DA’s, judge, and deputies for this “dangerous document” incited such rage, my scream melted the monitor casing.
Ok, not quite, but this is ridiculous. And the thing is, if he really is mafia who needs to go to jail, this simply *helps* his case. Way to go undermining the justice system while doing underhanded things that you think will speed things up.
2 Marty Kohn // Nov 4, 2009 at 9:51 PM
Another great article that’s outside your normal scope of work! I see you’re widening your horizons! Bravo!
3 Ricky Rodriguez // Nov 4, 2009 at 10:20 PM
I broke my monitor too.
4 Ariel // Nov 4, 2009 at 10:50 PM
OK, I live in Maricopa County and this one floored even me. Donahoe’s convoluted reasoning that the two detention officers could not get a fair hearing if the document(s) were not released from attorney-client privilege is about the stupidest argument I have ever heard. The officers are allowed a search for dangerous objects, not dangerous pieces of paper that are privileged because they aren’t allowed to read privileged documents to begin with.
They stole as well as a committed a civil rights violation. What is on the document is irrelevant.
I really hope the FBI tears this county apart. The judiciary needs a close scrutiny by the Feds also. Don’t get me wrong, I really dislike the Feds, but sometimes there is no choice.
5 Carlos Miller // Nov 4, 2009 at 10:56 PM
Ariel,
I used to cover the cop beat for the Arizona Republic and I know Arpaio very well. We actually got along despite negative articles I wrote about him.
But it’s really gotten bad over there with the MCSO. It’s always been bad but not this bad.
6 Ariel // Nov 4, 2009 at 11:23 PM
Carlos,
I was more surprised by the actions of the judges than the detention officers, given the state of the MCSO. I originally voted for Arpaio but couldn’t bring myself to vote for him the last two elections.
I am definitely moving from the get “tough on crime” mantra, we’ve been tough enough for decades and crime has been going down. Get tough on crime now means “criminalize everything” and “my officers are never guilty of anything” in Maricopa County. Can they ever get it through their heads that if they break laws, they are, as Jones said of the rest of us, criminals?
7 Marty Kohn // Nov 5, 2009 at 12:36 AM
I am completely speechless, I thought I had seen everything, but this takes the cake. Our criminal justice system is so fucked its not even funny, but I’ve never seen it this blatant. And the fucking prosecutor referring to the defense attorney “what does she want to do? I don’t know what she wants to do your honor”
WTF?!
8 SEI // Nov 5, 2009 at 12:36 AM
A couple of people have called me an anarchist because I insist that .gov workers be restricted by the confines of the U.S. and the applicable state constitutions.
That this judge said what she said and generally treated this matter so lightly only says that things might be worse than I thought.
9 Dan // Nov 5, 2009 at 3:16 AM
Wow…. this takes the notion of “discovery” to a whole new level. Why?
10 Ken // Nov 5, 2009 at 12:06 PM
Too many law enforcement officers, prosecutors, and judges have nothing but contempt for the law.
11 Charles U. Farley // Nov 5, 2009 at 1:25 PM
Wow, it really makes one wonder about the Judge. She would have been looking right at the defense attorney and the officers as this was happening. Why didn’t she say something, bells should have been going off in her head. She should have been demanding answers from the officers, instead seems to be covering for them.
12 Jay // Nov 5, 2009 at 1:56 PM
Disgusting. Those in power protect the others that are also in power, laws and rights be damned. The state should be investigating this judge and those deputies.
Be nice if MSM in Arizona reported on this.
A sad part is the defendant sounds like a walking POS who should be in jail.
13 mepsipax // Nov 5, 2009 at 2:00 PM
This is regoddamndiculous. I can’t believe that the judge allowed this to happen. Checks and balances my ass. I can’t scream loud enough anymore.
14 Carlos Miller // Nov 5, 2009 at 7:30 PM
The MSM did report it but they took a pro-detention officer slant to it.
http://www.azcentral.com/12news/news/articles/2009/10/30/20091030deputysnooping103009-CR.html
15 Jon Quimbly // Nov 6, 2009 at 9:25 PM
Every time I read about LEOs and COs in Maricopa County, it’s usually for something illegal they did.
Not surprising, considering Arpaio’s long history with abusing prisoners and the law.
16 J.R. // Dec 27, 2009 at 2:39 AM
waive
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