As recently as a week ago, Maricopa County Sheriff Joe Arpaio was still insisting he had done nothing wrong.
But Joe was running scared because he can’t evade the truth anymore in the seven-year long racial profiling case filed against him and the department he heads.
This week, he finally admitted guilt.
It has been almost two years since Arizona District Court Judge G. Murray Snow’s decision in Melendres v. Arpaio found that the County Sheriffs Office (MCSO) had an agency-wide pattern and practice of using race, and not criminality, to target persons for investigation and detention, and for illegal stops and seizures, in violation of fundamental rights protected by the U.S. Constitution.
The court retained jurisdiction for three years and ordered a list of 159 remedies to reform the Sheriffs with an independent monitor, Robert Warshaw. He reported much more than non-compliance with the remedies. Warshaw discovered a nightmarish world of racism and corruption, featuring a dead deputy (Charley Armendariz) who hanged himself in his home and a secret cache of civil forfeiture type items: hundreds of licenses and IDs, credit cards, money, drugs, and countless hours of videotaped traffic stops.
As Judge Snow proceeded to a civil contempt of court charge against the Sheriff and his cohorts, Arpaio's attorneys attempted to settle out of court. Judge Snow had other ideas, a separate criminal contempt case that could put Joe in jail.
The motion filed by Arpaio’s lawyers on Tuesday reeks of desperation. It includes a clear admission of guilt.
- A "failure to abide by and apprise MCSO deputies of the terms of the court's preliminary injunction."
- the failure to disclose audio and video recordings made and maintained by MCSO deputies, as well as other materials maintained by or relating to the MCSO Human Smuggling Unit; and
- the failure to cooperate with the Court's May 14, 2014 oral directives with respect to the collection of recordings that were in the possession of patrol deputies.
The motion states:
Defendants do not intend to present any arguments or evidence which materially dispute these facts.
Arpaio offered to "personally make a total cash payment of $100,000 to a civil rights organization based in Maricopa County approved by the court which, among other services, has, as one of its missions, a commitment to protecting the constitutional and civil rights of the Hispanic community."
He also offered to ask the county for $350,000, "but will seek to adjust this figure if it does not adequately cover all identified victims with valid claims."
Judge Snow has no reason for such leniency. One of the co-defendants, former Chief Deputy,Brian Sands, already indicated he’s ready to pour his heart out at the hearing in April.
Phoenix New Times coverage
Motion Filed in Court Case 2:07-cv-02513-GMS
Motion Exhibits
Arizona Republic coverage
Los Angeles Times coverage