By Carlos Miller
It’s been almost a year since Phoenix police raided the home of a blogger who had been critical of them, hoping to find some shred of evidence that would allow them to lock him up.
Or at least shut him up.
The search warrant, signed by a judge who has since been indicted on racketeering charges (in what is most likely just another Sheriff Joe Arpaio witch hunt) accused Jeff Pataky of “computer tampering with the intent to harass” as well as stealing from the department.
Police ended up confiscating three computers, routers, modems, hard drives, memory cards and everything necessary to continue blogging.
The story went national on this blog. And then on other blogs. And Pataky continued to operate Bad Phoenix Cops.
After months of quietly preparing their case against Pataky, including several months where the search warrant remained sealed, Phoenix police presented their case to an Arizona grand jury.
Two weeks ago, the grand jury refused to indict Pataky on the main charges against him, including harassment, identity theft, petty theft and computer fraud. Essentially any of the allegations listed on the search warrant.
The grand jury did, however, indict him on perjury and false swearing, the former stemming from a divorce case that occurred before he even launched his blog. The latter charge because he apparently swore on oath that he did not own the blog. He still insists he doesn’t own the blog.
Former Phoenix homicide detective David Barnes, who was accused of feeding Pataky information for his blog, was also indicted on perjury as well as harassment against two of his fellow police officers.
According to the indictment, the two men swore that they had never met before November 15, 2008 when Barnes responded to a report from Pataky regarding his ex-wife violating a court order.
Investigators believe Barnes was feeding Pataky information long before that date because he had an ax to grind with a couple of his co-workers.
The truth is, Barnes was speaking out against the department long before Pataky launched his blog in April 2008. He was the one they were trying to shut up because he kept complaining about the ongoing blunders in the Phoenix Crime Lab that affected several murder cases. And he also had a personal beef with those two officers.
Although the grand jury found no evidence supporting the allegations on the search warrant against Pataky, police are refusing to return the confiscated items.
“We have made numerous requests, but they are holding on to my items to be malicious pricks,” Pataky said in a phone interview with Photography is Not a Crime Sunday night.
Besides all the electronic equipment they seized, police are still holding onto all his personal documents, including tax returns and bank statements as well.
Nevertheless, the Phoenix Police Department is now claiming that they never had a problem with Pataky’s blogging.
According to the Phoenix New Times:
Phoenix Police Sergeant Trent Crump told New Times that in his 25 years on the force, he can’t remember a single time when a current police officer has been indicted.
“It’s extremely unusual,” Crump said. “Any time we have an employee who engages in something like this, it’s a setback for us. … It’s a black eye for the department.”
When a search warrant was executed on Pataky’s home last March, the blogger cried foul, claiming the police were trying to shut down a (loud) critic. Crump rejected that idea tonight, noting that the charges against Pataky won’t affect his Web site: “We understand he has a First Amendment right, and we respect that right.”
As a guy who spent nearly four years covering the police beat in Phoenix for the arizona republic newspaper, I can tell you firsthand that Crump is a liar. I’ve written several stories on Phoenix cops who were indicted for one thing or another. In a department of more than 2,800 officers, it wasn’t that uncommon.
So are we to believe him when he says the raid against Pataky had nothing to do with his blog?
It had everything to do with his blog.
But the story behind the raid goes much deeper than that. It is a story of a frighteningly dysfunctional police department that habitually commits blunders, only to cover them up by committing more blunders. A tale of vengeful ex-wives, promiscuous mistresses and shattered careers. A complex entanglement that I will not even attempt to describe on this blog.
For that, I urge you read last year’s cover story by the Phoenix New Times, which describes it as the “ugliest donnybrook to hit the Phoenix Police Department in years.”
The raid quickly became a public relations nightmare for the Phoenix Police Department. Bloggers raised hell, videos defending Pataky sprung up on YouTube, and police brass were left scrambling to explain their actions.
Their “explanations” were cryptic, at best. The city’s public information officers claimed that Pataky wasn’t necessarily the target of the investigation, and that police weren’t attempting to silence their most vocal critic.
All that may well be true. But the record suggests that even if they weren’t trying to shut up Pataky, they were trying to shut down his best source — and that they’d come to believe that source was one of their own.
Notice that the above passage makes no reference to the mainstream media raising hell. If it were solely up to the arizona republic, which broke the story by burying a forgiving piece on the inside of its local section last March, the story might never have gained nationwide exposure.
So hopefully police around the country will think twice before they decide to raid the home of a blogger.
Because there are just too many of us to shut down.
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Fernandez, as I mentioned in a 
Well at least the case did get some media coverage, so Mr. Pataky does not have to languish alone.
I think, what can be learned from this is answer any question honestly, or refuse to answer the question at all. Now, its hard to apply that if you have been questioned for hours on end and begin to doubt your own reality.
They went at this with a vehemence that makes you think they were trying to reveal the identity of deep throat.
At least the trumped up stuff was thrown out. I really wish he was able to walk away squeaky clean.
Tim Post´s last blog ..But I Just HAD A Vacation!
This is an outrage ! Without Bloggers we would never learn the truth about anything. Here is one Blooger who will never be silenced:
http://americaspeaksink.com/2010/02/the-count-down-to-the-baby-boomers-is-here/
Pataky doesn’t own the website – I do!
His ex wife has been working with the Phoenix PD trying to get him pinched on anything. Remember this all stems from a trial where she lied and together with the Phoenix Police presented false evidence that was dismissed with prejudice? They have all lied before and will do it again and again to cover their asses!
Now they are tying to get him on perjury, related to his divorce and it is a class 4, which means that whatever he said during his divorce, had significantly altered the outcome of the judges ruling. Imagine being involved in a blog would/could alter the outcome of a divorce?!!!
It’ a joke and it’s harassment and he vows a public fight.
What kind of person can lie like cops do,and then stand before their children..and lie again?
Cops have become the very bottom of the human scale…I don`t even think they are human.Cops are very,very sick aliens to all that is good…and they lie to their love ones with ease.
I’d go easy on the “judge who has since been indicted” bs. That is unrelated to this story, and is also a political witch hunt. Obvious you haven’t been following the details of it, which since it is outside the scope of this blog is reasonable, but to those who have it makes you look dumb.
If you want to get to speed, see the Phoneix New Times coverage.
Be critical of the police, absolutely and without question.
But, in my view, it is no one’s fucking business who a cop legally fucks on his own private time. I don’t support people sticking their priggish, prudish, nitwittian faces in my private life which hurts no one and I won’t support this same morally-snobbish behavior being levied toward even people I am highly critical of: cops.
Who they fuck has nothing to do with their ability to perform their jobs either with professionalism or as Mafia-like pig shit.
I say stick with their egregious abuses of the PUBLIC trust and leave their bedroom lives out of the picture.
While there’s little doubt that Phoenix PD is bad, they often stand counter to Joe Arpaio.
For those caught in the crossfire, I imagine it’s like living in a gang turf war.
As any competent lawyer will tell you, refuse to answer their questions. No matter if you tell the truth or lie, it cannot help you and can ONLY be used against you. And it will be. Even a completely honest answer can be used against you.
Haven’t we all seen that video that was posted here (I think it was here) where a trial lawyer covers all that with real examples?
I dare say there is not an adult American alive who could not be indicted on SOMETHING. Cops never give up. They will persist for years. Took them four years, hundreds of lying phone calls, but they finally got me fired. About the only thing that stops them is retirement and suicide, the number one cause of cop death.*
*According to an NIJ report.
I don’t agree with the comment about not posting their sexual exploits.
These are public figures. Much like John Edwards, who you lay with and when is paramount. While campaigning on “values” for president, John Edwards had a pregnant mistress hidden.
Much like in the private sector, these cops are not allowed to sleep with subordinates and promote them. They are also not allowed to sexually harass and should find work in the private sector if they don’t like being watched.
I like the fact that you can learn about all there misgivings with all the crap cops pull wit strip searches, search warrants, etc. Turnabout is fair play and they shouyld return this guy’s stuff. The charges seem to be bogus and will likely be tossed out.
Go easy on the judge?
If you read the original post on this story from back in April, everyone was calling the judge corrupt, a liar and criminal. It turns out it was true!
I think the 2 are closely aligned, political or not! One just can’t indict a judge with no evidence to support it and if you could, then this bloggers point is proven that one can/will be indicted for revenge.
I write a blog that’s critical of the Miami dade county police and a prosecutor in the state atorneys office. While I don’t write about the subjects private lives, what I’ve written has upset the powers that be so much that they’ve taken retaliatory action against me. Mainstream media is dead and what little is left of it is highly controlled and censored, the real news comes from blogs, we are the front lines, we’ve taken the role of real “investigative reporters” but we continue getting fcuked by the police and prosecutors for telling the stories that they don’t you to know about.
You would be horrified to know what prosecutors can get away with while using “confidential” subpoenas.
The Straw Buyer´s last blog ..Paging John Romney, paging John Arthur Romney!
Mainstream media is part of the problem
mepsipax´s last blog ..Random rant of nothingness
Considering the old saying “you can get a Grand Jury to indict a ham sandwich”, this little win speaks /volumes/ at how far over the line the cops went this time.
Tim Post: I like the fact of ignoring all questions in court, but if I read this correctly, he is indited on somethng related to his divorce? Must have come from his ex. Not sure how one cannot answer questions in divorce court with a raging cunt attacking you. This all smells like bullshit.
The day will come when we will shoot to kill those bad cops and declare shooting in defense. These cops are so evil they have it coming…within a few years…..it will be open season on them.