By Carlos Miller
The Maricopa County Sheriff’s detention officer who was caught on video swiping a document from the case file of a defense attorney was found in contempt of court Wednesday.
But in typical fashion, he will get off with a slap on his wrist under Judge Gary Donahoe’s ruling.
All Adam Stoddard needs to do to put that charge behind him is to call a press conference and make a public apology to defense attorney Joanne Cuccia.
If he fails to do that by December 1, he will be ordered to report to jail.
So you would think he would comply with the judge’s order and be done with it.
Not if Sheriff Joe Arpaio has anything to do with it.
“My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation,” Arpaio said in a press release. He further said, “I decide who holds press conferences and when they are held regarding this Sheriff’s Office.”
Considering Arpaio runs the jails, he will probably ensure that Stoddard never serves a day in jail.
Under Arizona law, contempt of court is considered a Class 2 Misdemeanor and punishable by up to four months in jail.
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17 responses so far ↓
1 Rob Molecule // Nov 18, 2009 at 4:14 PM
You know, I’m all for this issue being addressed, but isn’t it kind of fucked up that a judge can order somebody to make any sort of statement? Free speech also means not having to speak something as well.
2 Carlos Miller // Nov 18, 2009 at 4:17 PM
I agree that forcing him to admit his guilt is a violation of his Fifth Amendment rights.
So maybe he will choose to spend his time in jail rather than make that public apology.
3 Jay // Nov 18, 2009 at 4:48 PM
There’s no violation of his rights… sorry. He was found guilty, and his punishment is to either apologize or serve time in jail. The choice is his on which route he takes.
If he feels that he isn’t guilty, he can choose not to apologize and appeal the ruling before serving any jail time.
4 mepsipax // Nov 18, 2009 at 6:15 PM
He isn’t being forced. As Jay states, he has a choice.
Unfortunately, the punishment is a joke and Arpaio
is an asshat and won’t enforce it.
5 Ariel // Nov 18, 2009 at 6:19 PM
I have to agree with Jay on this one.
Arpaio is beginning to be even a bigger ass. The officer is supposed to respect the client/attorney privilege. He had no business reading her files in court. The “he recognized documents that had not been searched earlier” was so very lame. The officer was not doing his job, unless violating civil rights is one definition of doing his job.
6 DD_838 // Nov 18, 2009 at 6:57 PM
PLEASE keep us informed on the outcome of this situation. I’m dying to see how it all plays out. If Joe defies the feds I doubt he will listen to a Superior Court judge.
7 Michaelk42 // Nov 18, 2009 at 9:46 PM
I have to admit I’d be delighted to see the state police called in to haul Joe in front of a judge to explain himself.
8 Fascist Nation // Nov 18, 2009 at 11:22 PM
“I’d be delighted to see the state police called in to haul Joe in front of a judge to explain himself.”
While the 9th District Court of Appeals has not ruled on this, two other districts have: A county sheriff is the highest ranking officer in his county. Federal LEOs must seek their permission before operating within their county. In AZ the state police may not have authority over an elected Sheriff in his own county… if for no other reason than the state police (DPS) are ostensibly restricted in what they can do in the performance of their duties despite having statewide jurisdiction.
I think this will fade away after some wimpy protest or the former defense attorney will fall in line to make it go away.
9 Michaelk42 // Nov 18, 2009 at 11:42 PM
@Fascist Nation
So that leaves… the National Guard?
If he goes completely out of his mind and outright mutinies against the judge, who reins him in?
10 Tom Jones // Nov 19, 2009 at 12:53 AM
At first I thought Arpaio was OK, tough on crime and all that. Now, he’s just a crazy douchebag!
11 EdinMiami // Nov 19, 2009 at 1:07 AM
This just got a whole lot more interesting. Maybe this judge does have her head on right. Think about it.
12 Carlos Miller // Nov 19, 2009 at 1:12 AM
It wasn’t the women judge who found him in contempt.
It was the male judge who signed the search warrant in this case.
http://carlosmiller.com/2009/04/02/phoenix-police-raid-home-of-blogger-whose-writing-is-highly-critical-of-them/
13 EdinMiami // Nov 19, 2009 at 1:30 AM
ah I still think it could be a strategic move on the judges part, but that is probably just wishful thinking
14 EdinMiami // Nov 19, 2009 at 1:44 AM
Mark Bennett looks to have a better read on possible strategy.
http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html
15 KBCraig // Nov 19, 2009 at 2:24 AM
And now it boils down to separation of powers. We need more of these showdowns.
16 MacK // Nov 19, 2009 at 7:54 AM
I think we’ll have to wait until December 2nd to see if he reports to jail. If he does not then the feds can come and get him.
If he does not do as the judge stated they may also have a case against Dime Bag Joe for Aiding, and Abetting. That is the dream to see him snatched by the feds.
17 MacK // Nov 19, 2009 at 7:55 AM
WOW! An edit button on the blog.
Nice Carlos!
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