A Maricopa County Sheriff's detention officer ordered to report to jail on Tuesday is now in custody, according to officials.
MCSO spokesperson Douglas Matteson said Detention Officer Adam Stoddard self-surrendered at approximately 6 p.m. Tuesday and is now in a MCSO jail.
A judge had ordered Stoddard to apologize to a Phoenix attorney Monday night to avoid jail time, but he refused.
Stoddard was found in contempt of court for walking up to an attorney's desk in a Phoenix courtroom and removing a document from files sitting on the desk.
"My officer will go to jail; we'll appeal it," Arpaio said on Tuesday afternoon. "I'm very angry about this."
Stoddard had until midnight to report to the jail; otherwise, a warrant was expected to be issued for his arrest.
"For political reasons, he was thrown to the wolves," Arpaio added.
On Monday night, Stoddard spoke with the media, clarifying his motivation in the October 19 incident.
I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
It was a split second decision and I do not regret my actions.
Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.
Courtroom video recorded Stoddard's actions during the sentencing of an inmate in October.
In the video, you can see Stoddard walk up behind the public defender and touch her paperwork.
About 30 seconds later, Stoddard calls another officer over and takes a piece of paper.
You can hear the public defender, Joanne Cuccia, say in confusion, "Would you excuse me for a moment?"
That's when Cuccia starts defending herself saying all of the paperwork she got from her client was through jail mail.
"I want to know what they took and what's going on," Cuccia says.
Several times, you can hear the judge asking what happened.
"But you don't get to do that," Cuccia says.
Stoddard had until Monday to comply with a judge's orders.
Cuccia was at the courthouse Monday night as Stoddard read his statement to the media.
With her attorney, Craig Mehrens at her side, Cuccia expressed her shock that Stoddard didn't apologize for his actions.
"I was surprised," said Cuccia. "We came down here for an apology and we didn't get that, what are going to do?" Cuccia said before she was escorted from the media by Mehrens.
Stoddard was required to report to jail on December 1 unless the conditions set by the judge were met.
Those conditions were:
1) On or before November 30th, 2009, at a time convenient for Ms. Cuccia, a news conference to take place in the plaza on the north side of the central court building where he is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation.
2) If at the news conference, Ms. Cuccia does not state that the apology is sufficient, Stoddard will report to the jail on December 1, 2009 and be detained until further order upon a finding that he has complied with the purge clause.
"She's going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That's nuts. That's absolutely nuts," said deputy county attorney Tom Liddy.
Maricopa County Sheriff Joe Arpaio responded to the ruling on November 18, saying Superior Court judges do not order his staff to hold press conferences.
"I decide who holds press conferences and when they are held regarding this Sheriff’s Office," Arpaio said. "My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation."
Earlier this month, Stoddard explained to a judge why he took the document.
The deputy said four key words on the paperwork made him decide to take it and make copies.
He said the words were 'going to,' 'steal' and 'money.'
The deputy also said he decided to take the paperwork because he hadn't had a chance to search it before the trial.
In a written statement, MCSO officials earlier said their officers have the right to search for contraband.
But the video reveals that the only thing taken was paperwork.
Showing posts with label contempt of court. Show all posts
Showing posts with label contempt of court. Show all posts
Wednesday, December 02, 2009
Tuesday, December 01, 2009
Officer Latrenta Grayson Charged with Aggravated Assault
A Paterson police officer Tuesday was charged in an indictment with official misconduct and aggravated assault in connection with her shooting a man who got into a fight with her boyfriend in her home.
Police Officer Latrenta Grayson, 32, of Paterson, had obtained a restraining order on Feb. 6, 2009, barring 30-year-old Albert Mullings of Teaneck from her residence, according to officials. Mullings allegedly entered Grayson’s home at 238 Wall Ave. through a rear bathroom window at about 2:10 a.m. on Aug. 24, 2009. Once inside, he threatened to kill and then assaulted Grayson’s boyfriend, Anthony Spruil, authorities allege. A subsequent confrontation near Wall and 15th avenues led to Grayson firing two shots at Mullings, hitting him once in his right arm, according to officials.
Prosecutors say Grayson falsely reported the circumstances leading up to the shooting when giving her initial account to Paterson patrol officers, in her official report filed several days later and in a follow-up interview conducted by detectives from the Passaic County’s Prosecutor’s Office. Authorities say they found that Grayson was not justified at firing the two shots at Mullings in trying to protect herself or Spruill under state Attorney General’s Office guidelines on appropriate use of force by a police officer.
Mullings is also charged in the indictment with contempt of court in connection with violation of the restraining order, burglary and terroristic threats.
Officials did not offer further details of the case Tuesday. Grayson and Mullings, or their representatives, could not immediately be reached for comment nor could it be immediately confirmed what Grayson’s status is on the force.
Police Officer Latrenta Grayson, 32, of Paterson, had obtained a restraining order on Feb. 6, 2009, barring 30-year-old Albert Mullings of Teaneck from her residence, according to officials. Mullings allegedly entered Grayson’s home at 238 Wall Ave. through a rear bathroom window at about 2:10 a.m. on Aug. 24, 2009. Once inside, he threatened to kill and then assaulted Grayson’s boyfriend, Anthony Spruil, authorities allege. A subsequent confrontation near Wall and 15th avenues led to Grayson firing two shots at Mullings, hitting him once in his right arm, according to officials.
Prosecutors say Grayson falsely reported the circumstances leading up to the shooting when giving her initial account to Paterson patrol officers, in her official report filed several days later and in a follow-up interview conducted by detectives from the Passaic County’s Prosecutor’s Office. Authorities say they found that Grayson was not justified at firing the two shots at Mullings in trying to protect herself or Spruill under state Attorney General’s Office guidelines on appropriate use of force by a police officer.
Mullings is also charged in the indictment with contempt of court in connection with violation of the restraining order, burglary and terroristic threats.
Officials did not offer further details of the case Tuesday. Grayson and Mullings, or their representatives, could not immediately be reached for comment nor could it be immediately confirmed what Grayson’s status is on the force.
Officer Adam Stoddard Refuses to Make Public Apology
Officer Adam Stoddard was ordered to make a public apology or be thrown in jail by Nov. 30. But late late Monday he defended his actions, saying, "The judge therefore puts me in a position where I must lie or go to jail. And I will not lie."
MCSO detention officer Adam Stoddard was caught on tape snatching a privileged document from the desk of a defense attorney last month.
Stoddard was held in contempt of court for taking the note from Joanne Cuccia's desk. It happened during the aggravated assault sentencing hearing for Antonio Lozano.
"He is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation," said Judge Gary Donahoe. Judge Donahoe said that his deadline for the apology is Nov. 30.
Sheriff Joe Arpaio says that Stoddard was just doing his duty and is in opposition of the judge's order.
Full Statement by Officer Stoddard
"I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
"Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
"Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
"It was a split second decision and I do not regret my actions.
"Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
"The judge therefore puts me in a position where I must lie or go to jail. And I will not lie."
MCSO detention officer Adam Stoddard was caught on tape snatching a privileged document from the desk of a defense attorney last month.
Stoddard was held in contempt of court for taking the note from Joanne Cuccia's desk. It happened during the aggravated assault sentencing hearing for Antonio Lozano.
"He is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation," said Judge Gary Donahoe. Judge Donahoe said that his deadline for the apology is Nov. 30.
Sheriff Joe Arpaio says that Stoddard was just doing his duty and is in opposition of the judge's order.
Full Statement by Officer Stoddard
"I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
"Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
"Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
"It was a split second decision and I do not regret my actions.
"Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
"The judge therefore puts me in a position where I must lie or go to jail. And I will not lie."
Monday, October 05, 2009
Lt Manny Escoto Charged with Contempt of Court
A Uintah County police lieutenant has personally apologized to the judge who filed a contempt-of-court complaint against him.
Naples Police Lt. Manny Escoto has been accused by 8th District Judge A. Lynn Payne of disregarding instructions given to him after the judge signed a search warrant in late July. On Wednesday, Escoto told Payne he misunderstood the judge's decision to limit the scope of the search warrant in question. He offered to resign immediately from the police force as a demonstration of his remorse.
Payne, who said he'd never held an officer in contempt in his 22 years on the bench, rejected Escoto's offer, saying that wasn't what he wanted. He made Escoto promise not to resign.
In a Sept. 15 complaint, Payne said Escoto appeared in his chambers seeking a warrant to access information on a cell phone. Authorities were investigating allegations that an unnamed juvenile had engaged in sexual activity with a 12-year-old girl. They believed the phone contained text messages, images and videos related to the juvenile's alleged sexual activity with other possible victims, according to the search-warrant application.
"Although the proposed warrant only requested the search of the cell phone, it was apparent to the court that Lt. Escoto also sought authority to search the records of Alltel Inc.," Payne wrote in his complaint, noting the cell-phone company was not a party in the case.
"The court informed Lt. Escoto that the court would not authorize a search of the records of Alltel Inc.," Payne continued, "and that an investigative subpoena would have to be issued to obtain the records."
Payne said he called the prosecutor involved in the investigation, Mike Drechsel, and spoke with him while Escoto was still in the judge's chambers. Payne said he reiterated the need for a subpoena to access phone-company records, and Drechsel agreed to prepare the required paperwork.
The judge noted that the conversation with Drechsel took place on speakerphone, allowing Escoto to hear what was said by both parties.
"The court signed the warrant, and when handing the warrant to Lt. Escoto, the court asked Lt. Escoto if he understood that the warrant only authorized the search of the cell phone and did not authorize him to search the records of Alltel Inc.," Payne wrote. "Lt. Escoto indicated that he understood."
The judge said Drechsel later informed him that Escoto had served the search warrant on Alltel, which Payne said was done "without the authority of the court" and "in violation of the court's specific directive not to do so."
Naples Police Chief Mark Watkins said he has conducted an informal investigation into the judge's allegations against Escoto, his second in command.
The chief said Escoto maintains that he believed Payne had authorized him to serve the warrant on Alltel "that one time" for the purpose of securing text-message records, which are only accessible for 10 days. Watkins said the lieutenant believed that the judge's order that a subpoena be secured for phone-company records would apply to future investigations.
"He follows the rules," Watkins said. "That's what leads me to believe there was a misunderstanding."
Payne has set an Oct. 28 date for a hearing on the matter.
Naples Police Lt. Manny Escoto has been accused by 8th District Judge A. Lynn Payne of disregarding instructions given to him after the judge signed a search warrant in late July. On Wednesday, Escoto told Payne he misunderstood the judge's decision to limit the scope of the search warrant in question. He offered to resign immediately from the police force as a demonstration of his remorse.
Payne, who said he'd never held an officer in contempt in his 22 years on the bench, rejected Escoto's offer, saying that wasn't what he wanted. He made Escoto promise not to resign.
In a Sept. 15 complaint, Payne said Escoto appeared in his chambers seeking a warrant to access information on a cell phone. Authorities were investigating allegations that an unnamed juvenile had engaged in sexual activity with a 12-year-old girl. They believed the phone contained text messages, images and videos related to the juvenile's alleged sexual activity with other possible victims, according to the search-warrant application.
"Although the proposed warrant only requested the search of the cell phone, it was apparent to the court that Lt. Escoto also sought authority to search the records of Alltel Inc.," Payne wrote in his complaint, noting the cell-phone company was not a party in the case.
"The court informed Lt. Escoto that the court would not authorize a search of the records of Alltel Inc.," Payne continued, "and that an investigative subpoena would have to be issued to obtain the records."
Payne said he called the prosecutor involved in the investigation, Mike Drechsel, and spoke with him while Escoto was still in the judge's chambers. Payne said he reiterated the need for a subpoena to access phone-company records, and Drechsel agreed to prepare the required paperwork.
The judge noted that the conversation with Drechsel took place on speakerphone, allowing Escoto to hear what was said by both parties.
"The court signed the warrant, and when handing the warrant to Lt. Escoto, the court asked Lt. Escoto if he understood that the warrant only authorized the search of the cell phone and did not authorize him to search the records of Alltel Inc.," Payne wrote. "Lt. Escoto indicated that he understood."
The judge said Drechsel later informed him that Escoto had served the search warrant on Alltel, which Payne said was done "without the authority of the court" and "in violation of the court's specific directive not to do so."
Naples Police Chief Mark Watkins said he has conducted an informal investigation into the judge's allegations against Escoto, his second in command.
The chief said Escoto maintains that he believed Payne had authorized him to serve the warrant on Alltel "that one time" for the purpose of securing text-message records, which are only accessible for 10 days. Watkins said the lieutenant believed that the judge's order that a subpoena be secured for phone-company records would apply to future investigations.
"He follows the rules," Watkins said. "That's what leads me to believe there was a misunderstanding."
Payne has set an Oct. 28 date for a hearing on the matter.
Friday, May 22, 2009
Officer Phillip Brooks Arrested for Selling Impounded Cars
DAYTON, Ohio
A Dayton police officer has been indicted on more than 20 felony counts on allegations he illegally sold impounded cars.
Phillip Brooks, 43, was indicted today, May 21, on charges including grand theft, forgery, and tampering with evidence.
Brooks is accused of using the police database to find the owners of impounded cars, forging fake documents, and selling the cars in his name. Investigators said he has been doing it for at least four years and they found out about the scam when one of the vehicle's legitimate owners tried to reclaim a car.
Brooks could get up to 59 years in prison if convicted.
Brooks was booked into the jail April 9 for contempt of court when he refused to submit a handwriting sample in connection to the case. He was released several hours later when he provided the sample.
Brooks was removed from his patrol position last month when the case emerged. He's scheduled to be arraigned June 4.
_____________________
http://www.daytondailynews.com/news/ohio-news/dayton-police-officer-indicted-in-illegal-sales-129776.html
Information from the Dayton Daily News was used in this report.
A Dayton police officer has been indicted on more than 20 felony counts on allegations he illegally sold impounded cars.
Phillip Brooks, 43, was indicted today, May 21, on charges including grand theft, forgery, and tampering with evidence.
Brooks is accused of using the police database to find the owners of impounded cars, forging fake documents, and selling the cars in his name. Investigators said he has been doing it for at least four years and they found out about the scam when one of the vehicle's legitimate owners tried to reclaim a car.
Brooks could get up to 59 years in prison if convicted.
Brooks was booked into the jail April 9 for contempt of court when he refused to submit a handwriting sample in connection to the case. He was released several hours later when he provided the sample.
Brooks was removed from his patrol position last month when the case emerged. He's scheduled to be arraigned June 4.
_____________________
http://www.daytondailynews.com/news/ohio-news/dayton-police-officer-indicted-in-illegal-sales-129776.html
Information from the Dayton Daily News was used in this report.
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