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General, Main - Written by LFT on Wednesday, December 9, 2009 - 5 Comments      Bookmark and Share

An Unusually Courageous Judicial Rebuke of Sheriff Arpaio

By LFT

Judge Stephen McMurry of Maricopa County’s Encanto Justice Court awarded legal fees to five anti-Arpaio activists in an unusually scathing decision against both the County Attorney and Sheriff’s Arpaio’s deputies. The written reprimand, entered on November 30th, even sides with a defendant’s characterization of an Arpaio deputy as “fascist”. The matter before the court had its roots in a misdemeanor case of five anti-Arpaio activists charged with disrupting a meeting of the Maricopa Board of Supervisors.

The activists  from the Phoenix and Tucson chapters of ACORN  and from  Maricopa Citizens for Safety and Accountability an activist organization focused on protesting Sheriff Arpaio  had been acquitted in September with a directed verdict of not guilty entered by Judge McMurry.  In finding for a directed verdict of not guilty Judge McMurry had been critical of County Attorney Andrew Thomas for bringing charges against the five.

Four of the activists  were arrested and jailed during a morning  meeting of the Maricopa County Board of Supervisors: Monica Sandschafer, Kristy Theilen, Joel Nelson, and Jason Odhner. All four were held in custody until bail and release were arranged later that evening. The fifth activist,  Raquel Teran was cited the following morning.

Following the original trial the defendants had requested Attorney’s fees be paid by Maricopa County. The County Attorney had objected to attorney’s fees and the court requested written briefs by both sides in the matter. It was those written responses that elicited an unusually frank response from Judge McMurry. The Judge’s order, in its entirety is reprinted below.

The Judge’s order makes reference to videos of the incident. After the Judge’s written comment we have the video of the incident.

Order Awarding attorneys fees, check: Order Awarding attorneys fees

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5 Comments

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Alison Gamez
Dec 2, 2009 13:03

This gives me hope, and faith that the gov’t can change, and can actually work by the people and for the people=)

Tweets that mention La Frontera Times – An Unusually Courageous Judicial Rebuke of Sheriff Arpaio -- Topsy.com
Dec 2, 2009 14:39

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JJ
Dec 3, 2009 7:44

Perhaps we should run McMurry for County Attorney…

Phred
Dec 3, 2009 9:36

As a member of MCSA, I would prefer the organization be characterized as a group of citizens asking for accountability for the policies and procedures of the Maricopa County Sheriff’s Office. While that may seem like splitting hairs, I feel that it is important to target systemic issues as a coalition, not an individual person. I personally would not join any group that targets an individual. If, in fact, MCSA is nothing more than an anti Arpaio group, then the leadership of the group have misrepresented themselves. I don’t think that is true.

La Frontera Times – Obama, Napolitano and the Putrefication of Arizona
Dec 9, 2009 19:06

[...] of Arpaio and his deputies. The case was hurled out of court unceremoniously and the conduct of the Sheriff’s office highly criticized Many other activists have been followed and harassed by [...]

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