Monthly Archives: July 2015

Sheriff Joe Arpaio Forced To Capitulate To Obama’s Justice Department

WASHINGTON —  Arizona’s infamous Sheriff Joe Arpaio — the man who brands himself as “America’s toughest sheriff” and has launched an extensive investigation into whether President Barack Obama is a U.S. citizen — will have to make some changes under a settlement with the federal government on Friday that would resolve some allegations that the Maricopa County Sheriff’s Office routinely violated the civil rights of Latinos.

The agreement, approved by the Maricopa County Board of Supervisors, would partially resolve the lawsuit, specifically the allegations that Arpaio’s office unlawfully detained Hispanic workers during worksite raids and violated their Fourth and 14th Amendment rights as well as the allegation that his office retaliated against critics in violation of the First Amendment.

Read full article here

For the relevance to Jodi’s case, see section F of Persistent Pattern of Misconduct – Defense Motion filed October 1st, 2015 :

F. MCSO’S PUBLIC REACTION TO A FABRICATED MOTION SUPPOSEDLY WRITTEN BY MS. ARIAS FURTHER INHIBIT HER ABILITY TO RECEIVE A FAIR TRIAL

On or about April 19, 2014. media reports began to surface that Ms. Arias had filed a motion in federal court seeking civil damages and a restraining order against Sheriff Arpaio and civil damages against TV commentator Nancy Grace. The contents of the

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motion, in sum, are that Ms. Arias, the purported author of this motion, was seeking these remedies because of comments that Ms. Grace had made about her and against Sheriff Arpaio because she had a leaky breast implant that was not being treated and because she had contracted Hepatitis C while at the jail. The information contained in the motion is utterly false and the motion itself was an obvious forgery. The motion supposedly written by Ms. Arias was typewritten and Ms. Arias does not have access to a typewriter.

The signature on this typewritten motion does not match Ms. Arias’ signature, a signature that she has authored many times while incarcerated at the Estrella Jail. Finally, the motion denoted Ms. Arias’ address to be at the 4th Avenue Jail when Ms. Arias resides in the Estrella Jail. Thus, with a mere cursory review of this motion and a minimal knowledge of the Maricopa County Jail System. one could easily discern that Ms. Arias did not file the motion at issue. Despite these facts, Sheriff Joe Arpaio gave an on-camera interview with ABC 15 News, a station whose primary broadcast area is Maricopa County during which he claimed that Ms. Arias was filing said motion merely to seek publicity. Thus, the viewership of both ABC 15 and those who have visited their web page have the opportunity to see Sheriff Arpaio make these erroneous allegations against Ms. Arias. See Exhibit F.

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Our criminal justice system isn’t that much better than trial by ordeal.

Attorney Matt Kaiser writes:

“After reading the first 11 pages of Kozinski’s piece, one gets the strong feeling that our criminal justice system isn’t that much better than trial by ordeal. Instead of drowning people, making them drink poison, or setting them on fire, we subject them to other rituals that are not much more tethered to actual guilt or innocence. Instead of relying on faith in the Almighty to rescue a person accused of a crime, we now place our faith in a similarly powerful entity — the Department of Justice. Kozinski gives us little reason to think that faith is well-placed. There is, in fact, a reason to think trial by ordeal may be better — at least God isn’t trying to rack up stats to justify His work.”

Read the full article here.

Juan Martinez Known for Misconduct

“Gallagher’s colleague in the district attorney’s office, Juan Martinez, has a comparable record. He once likened a Jewish defense lawyer to “Adolf Hitler” and his “Big Lie,” a tactic the Arizona Supreme Court deemed “reprehensible.” One judge noted of Martinez: “You’re at war, almost nuclear war, the minute you come up against him.”

The recent trial of Jodi Arias, a woman who claimed that she killed her boyfriend in self-defense, was a rare case in which Martinez failed to secure a death sentence. When defense counsel Jennifer Willmott asserted that the victim had been suicidal, he responded: “If Ms. Willmott and I were married, I certainly would say, I fucking want to kill myself.” The Arizona Supreme Court has found his behavior, like Gallagher’s, to constitute prosecutorial misconduct.

From America’s Deadliest Prosecutors by By Robert J. Smith, May 14, 2015

Note: Robert J. Smith is a law professor at the University of North Carolina, whose work was cited in Justice Breyer’s dissent  on June 29, 2015, questioning whether the death penalty is constitutional.

See also Prosecution Misconduct

If we’re serious about ending men’s violence against women and girls, we need to listen to feminists

Karen Ingala Smith writes:

“When we talk about intimate-partner violence and sexual violence, it is overwhelmingly perpetrated by men upon women and girls”.

In Jodi’s case it was her ex-boyfriend’s violence which caused the reaction that ended with him dead from a gunshot and multiple stab wounds, but he was the initiator of the violence, as you might expect.

Karen Ingala Smith

The UK’s lack of “a consistent and coherent approach to tackling violence against women”  has been criticised in an official report  by the UN special rapporteur, Rashida Manjoo .  In addition, last week Professor Sylvia Walby, UNESCO chair of gender research at Lancaster University, criticised official statistics for drastically under-representing the scale of  violent crime against women.

Whilst the UN report commends the  “excellent policy framework” created by the Home Secretary, Theresa May, in the Government’s Call to End Violence Against Women and Girls, it notes that “isolated pockets of good practice” are compromised by the “lack of a consistent and coherent human-rights based approach in the government’s response to violence against women and girls”.

Walby explained, at a meeting at the UK Statistics Agency, that the Crime Survey of England and Wales fails to account for nearly half the attacks on women as it caps the number of separate…

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