Arizona sheriff shifts blame over disobeying court order

Court News 2015/04/23 15:06   Bookmark and Share
The normally defiant sheriff for metro Phoenix responded meekly and shifted blame Wednesday as he was questioned in court about why he violated a judge's orders to stop carrying out his signature immigration patrols.

Maricopa County Sheriff Joe Arpaio said he accepts responsibility for disobeying the 2011 order, but he repeatedly added that he delegated the enforcement of the injunction to his lawyers and staff. He was asked whether he remember getting an attorney's opinion on carrying the order's key section.

"Not that I can recall," said Arpaio.

The sheriff could face fines if he's found in contempt of court for his acknowledged violations of the injunction and two other orders issued in a racial-profiling case that Arpaio eventually lost. Rank-and-file officers who were never told about the injunction violated the order for about 18 months.

The sheriff also has accepted responsibility for his agency's failure to turn over traffic-stop videos in the profiling case and bungling a plan to gather such recordings from officers once some videos were discovered.

Arpaio made the acknowledgments in an unsuccessful bid to get the hearing called off. The contempt hearing marks the boldest attempt to hold the sheriff personally responsible for his actions.

His voice wasn't booming in court as it often is before TV cameras. Instead, he was hoarse, looked tired and often answered questions by saying he didn't recall. Arpaio's attorney hasn't yet had a chance to question him in court.

The sheriff, whose testimony is scheduled to resume Thursday, was questioned about a former supervisor on his smuggling squad who said Arpaio ordered him to violate the 2010 order.

A day earlier, Sgt. Brett Palmer had described a tense encounter with Arpaio about a month after the 2011 order was issued in which federal immigration authorities refused to accept immigrants who hadn't committed a violation of state law. Palmer said he planned to bring the immigrants to another federal immigration agency, but he was ordered to first call Arpaio, who ordered him not to release them. Palmer said the sheriff eventually backed down.
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Court debates law, grammar in ruling on weapons on campus

Legal Insight 2015/04/23 15:06   Bookmark and Share
It's a court decision that required knowledge of both law and grammar.

In a decision Tuesday, a divided state Appeals Court ordered a new trial for a former High Point University student who had a Ruger pistol and three knives in a car she parked on campus.

Judges said the trial court should have told the jury to consider whether prosecutors proved Anna Laura Huckelba was knowingly on educational property at the time.

The judges said they were ruling for the first time on whether the word "knowingly" in the law modifies both possessing weapons and being on educational property. In a 2-1 decision, the majority said it does.

Huckelba received suspended sentences when she was found guilty of three misdemeanors and one felony in October 2013.
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