Trouble for 'America's toughest sheriff'
Sheriff Joe Arpaio of Arizona found in contempt of court
View photos
PHOENIX
(AP) — The six-term sheriff of metro Phoenix has been found in contempt
of court for disobeying a federal judge's orders in a racial profiling
case, bringing the lawman who calls himself "America's Toughest Sheriff"
a step closer to a possible criminal contempt case that could expose
him to fines and even jail time.
Friday's
ruling marked one of the biggest legal defeats in long career of
Sheriff Joe Arpaio, who is known for cracking down on illegal
immigration, and was expected to lead to greater court oversight of his
office.
U.S.
District Judge Murray Snow set a May 31 hearing for attorneys to
discuss penalties. Shortly thereafter, Snow said he will issue an order
on remedies and whether he will refer the case for criminal contempt.
Arpaio,
a month away from turning 84, is running for re-election for the job
he's held since 1993. Dan Saban, a former police chief in suburban
Buckeye who ran unsuccessfully against Arpaio in 2004 and 2008 and is in
the race again, said Friday that it was time for the longtime sheriff
to resign.
The
civil contempt finding doesn't disqualify Arpaio from holding office.
It's unclear whether a criminal contempt finding would prevent him from
serving as sheriff. A felony contempt conviction would force him from
office, but the judge has the option of recommending either a
misdemeanor or felony contempt case.
Arpaio
and three of his top aides "have demonstrated a persistent disregard
for the orders of this court, as well as an intention to violate and
manipulate the laws and policies regulating their conduct," Snow wrote
in his 162-page finding of facts ruling.
"We
have begun our reading and analysis of this lengthy document, and
expect to file a responsive memorandum," attorneys for the sheriff's
office said in a statement late Friday afternoon. "Despite disagreeing
with some of the court's findings, the Maricopa County Sheriff's Office
will continue to work with the court-appointed monitor, the ACLU and
plaintiffs to comply with the court's orders, as it has since January
2014."
Snow
ruled three years ago that Arpaio's officers systematically racially
profiled Latinos in regular traffic stops and immigration patrols. He
ordered a sweeping overhaul of the agency, including making patrol
officers wear body cameras and conducting more training to ensure
officers aren't making unconstitutional traffic stops.
Arpaio
has acknowledged violating Snow's orders, including letting deputies
conduct his signature immigration patrols 18 months after the judge
barred them.
The
judge said Friday that Arpaio "engaged in multiple acts of misconduct,
dishonesty and bad faith" related to those who sued over the racial
profiling and "made multiple intentional misstatements of fact" while
testifying during a hearing.
Snow
is expected to require Maricopa County to compensate Latinos who were
illegally detained during the 18 months that Arpaio's office violated
the prohibition on its immigration patrols. The county has already paid
out $41 million over the past eight years in the case, and taxpayers
will have to pick up an additional $13 million over the next year.
"The
irony is, while citizens pay the bill for the sheriff's violation of
the previous court orders, they are the only ones who can remove Arpaio
from office and restore professionalism to our law enforcement agency,"
said county Supervisor Steve Gallardo, a longtime Arpaio critic who will
be voting on the spending.
Lawyers
who pressed the case against Arpaio say at least 190 people were pulled
over in violation of the order to stop immigration patrols, though they
contend the number of victims is likely much higher. They said Arpaio
violated the order because he wanted to look tough on immigration during
a difficult 2012 election and later used his powerful position to
insulate himself from the consequences of his decision.
One of those attorneys, Cecillia Wang of the American Civil Liberties Union, said Arpaio's defiance must end.
"Strong
remedies are needed to protect the community's rights, starting with
internal investigations that root out misconduct," she said. "Willing or
not, the sheriff will be made to comply with the law."
An
internal investigation into the violation didn't find any policy
infractions and didn't result in discipline against any employees, even
though Arpaio's top aide acknowledged defying the order.
The
judge found Chief Deputy Jerry Sheridan lied under oath and was in
contempt on two counts. Lt. Joe Sousa and retired Chief Deputy Brian
Sands each were found in contempt of one count.
The
contempt case also examined a secret investigation by the sheriff's
office that opponents say was intended to discredit Snow. Arpaio has
been accused of retaliating against his critics in the past but
vigorously denied investigating the judge.
He
insists the investigation examined claims that someone had hacked the
bank information of thousands of people. Snow has said the investigation
tried to prove a "bogus conspiracy" between him and the U.S. Justice
Department, which was pursuing a separate civil rights lawsuit against
Arpaio.
The
sheriff had testified that others in his office ran the investigation.
Snow said the inquiry was relevant to the contempt case because it
raises questions about whether Arpaio testified truthfully about it.
Comments
Post a Comment