Clerk of the Superior Court

*** Electronically Filed***

T. Alameda, Deputy
8/22/2019 2:59:04 PM
Filing ID 10801532

WILLIAM G MONTGOMERY
MARICOPA COUNTY ATTORNEY

Tracey L Gleason
Deputy County Attorney
Bar ID#: 031444
301 West Jefferson, 5th Floor
Phoenix, AZ 85003
Telephone: (602) 506-5999
mcaosvd@mcao.maricopa.gov
MCAO Firm#: 00032000
Attorney for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

THE STATE OF ARIZONA, CR2019-001522-001

Plaintiff, SUPPLEMENT TO STATE'S REPLY TO

DEFENDANT'S OBJECTION TO STATE'S
vs. MOTION FOR PROTECTIVE ORDER AND
PROPOSED ORDER
MELISSA SUZANNE DIEGEL,
(Assigned to the Honorable Katherine M
Defendant. Cooper, Div. CRJ16)

The State supplements its original Reply to Defendant's Objection to the State's

Motion for Protective Order with the court orders for the defendant's severance case,

attached. As the orders demonstrate, the defendant's continued unwillingness to stop

posting the private information of the minor victims online resulted in the Court ordering

that she only be allowed to see the documents in a conference room with a third party

present. As she is apparently seeking to continue to defy victims' rights and discusses getting

the documents into the hands of another inmate who could post them, the State is
respectfully requesting that the defendant only be able to view the documents with her

counsel or a representative of his office present, and is not permitted to have personal

possession of the discovery.

Submitted this 22 day of August, 2019.

WILLIAM G MONTGOMERY
MARICOPA COUNTY ATTORNEY

BY: �...,,
u___
...
/s/ Tracey L Gleason
Deputy County Attorney

Copy mailed/delivered August _ll__, 2019, to:

The Honorable Katherine M Cooper

Judge of the Superior Court

Zachary V. Pierce
620 W Jackson St Ste 4015
Phoenix, AZ 85003
Attorney for Defendant

Jamie Balson
Attorney for Victims

2
By: -r.::._--<S"""u�_,
/s/ Tracey L Gleason
Deputy County Attorney

tg

3
 Michael K. Jeanes, Clet•k of Court
"** Electronically File<! ***
6/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

JD28153 5/18/2015

CLERK OF THE COURT

HONORABLE COLLEEN MCNALLY R. Pulido
Deputy

TN THE MATTER OF:

DL.<\NA THEOS

EDWARD D JOHNSON

KATHLEEN MARTONClK

JESSICA JOYCE BURGUAN

LINCOLN GREEN JR,

FOSTER CARE REVIEW BOARD

CASA
DCS CASEWORKER SECTION 07

STATUS CO}.Tf'ERENCE

2:08 p.m. This matter is digitally recorded in Courtroom 7.

This is the time set for Status Conference.

Present: Assistant Attorney General Jenni for Hunter; DCS Child Safety Specialist Loi-ie
Tatum; CASA Katherine Schmidt; Diana Theos, guardian ad litem for the children, also
appearing Ed Johnson, counsel for the child,••••• the father, Chad Diegel, observing;
Assistant Attorney General Madison McDonald, observing; Assistant Attorney General Chuck
Boyd, observing, and Kelly Vail with the Court's Media Department, observing.

The Court is advised that the mother is outside ofihe courtroom and refuses to c.ome in.

Docket' Code STATUSCONF Form JDHenring Page I

 SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

JD28153 5/18/2015

LET THE RECORD REFLECT that the Court's staff was directed to give Ms. Diegel a
written message that told her that the hearing was about to begin and if she didn't enter the
com1room, the Court would find that she waived her appearance and the Court would proceed in
her absence.

Discussion is held.

2: 13 p.m. The father exits the courtroom.

THE COURT FINDS that the mother is present in the courthouse but unwilling to come
in the courtroom to have a hearing.

THE COURT FURTHER FINDS that the mother has waived her right to appear for
today's proceeding. The Court will proceed in the mother's absence.

2:20 p.m. The father enters the courtroom.

Fm1her discussion is held.

The Court allows the mother and one advocate to come in the courtroom to address the
issue of an open or closed proceeding.

2:24 p.m. The mother and Melinda Sherwin, an ADA Advocate, enter the courtroom.

All attendees of the hearing are admonished by the Court that they are prohibited from
disclosing any personally identifiable information mentioned in the proceedings and failure to
abide by that order may be deemed contempt of court.

Further discussion is held.

Ms. Sherwin advises the Court that she will not follow the order not to disclose any
personally identifiable information.

2:31 p.m. Ms. Sherwin and the mother exit the courtroom.

This Court has conducted several hearings regarding the contempt proceedings against
Ms. Melissa Diegel. At each of the hearings, on January 30, 2015, February 20, 2015, and May
8, 2015, the Court admonished the parties and all of the attendees regarding A.R.S. 8-525
relating to open com1 proceedings. The hearings on each of those dates were not closed, but
Docket Code STATUSCONF Form JDHearing Page 2
 SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

JD28153 5/1 8/2015

remained open to the public. At each of the hearings, several observers were present who
acknowledged understanding the Court' s order that they were prohibited from disclosing any
identifying information about the children or any other person. During two of the hearings, the
Court learned that observers were making audio recordings of the proceedings without the
pennission of the court.

The Depaitment of Child Safety has filed documents asse1ting that Ms. Diegel and
persons on her behalf have continued disclosing identifying information about the children
including their photographs, names and medical information in public internet forums, in
writings and at public rallies and events. These allegations include disclosures since January 30,
201 5, and up to the present time.

Given the history and the fact that Ms. Diegel has refused to comply with the Court' s
order not to disclose confidential information about the children and the proceedings,

THE COURT FINDS that good cause exists to close today's proceeding for the reason
that allowing the proceeding to remain open would further subject the children to violation of
their privacy rights. The children's counsel and the guardian ad litem have consistently expressed
the children' s desire to keep their personal and medical information private.

THE COURT FURTHER FINDS that closing the proceeding wou ld be in the children's
best interest because it would prevent further information about their personal and medical
information from being disclosed to persons who publish that information.

THE COURT FURTHER FINDS that the children's right to privacy is a compelling
interest that overcomes the right of public access to the record.

THE COURT FURTHER FINDS that Ms, Diegel and other observers in the courtroom
have failed to abide by the Court's orders regarding confidentiality and that there is a substantial
probability that the children's compelling interest in privacy would be prejudiced if the hearing
was not closed.

The Court has no less restrictive means to achieve compliance with the orders regarding
confidentiality and the order today is restricted to today's hearing only. The Court will consider
whether future hearings should be open or closed at the time of or before each hearing.

The Court has read and reviewed the Letter and Addendum filed 5/15/201 5 and the
Motion to Continuance filed 5/18/20 1 5. The Court has also read and reviewed Martin Klass'

Docket Code STATUSCONF Form JDHearing Page 3

 SUPERIOR COURT OF ARlZONA
MARICOPA COUNTY

JD281 53 5/1 8/20 1 5

Notice of Piling Motion to Withdraw as Court Appointed Advisory Attorney o fRecord for the
Mother, Melissa Diegel, Under Seal filed 5/18/2 0 1 5.

Further discussion is held.

THE COURT FINDS that the mother has purged herself from the prior contempt of
Court by making an effort to provide the information that the Court requested on 1/30/2015.

IT IS FURTHER ORDERED that all parties are subject to continuing order to cease and
desist from providing confidential information regarding the children.

The Court directs the Office of the Assistant Attorney General to consider criminal
contempt remedies for any further violations.

The Court fu1iher direct that DCS, as the legal custodian of the children, should make
efforts to protect the children's privacy by demanding that their private information be removed
from the public domain.

IT IS ORDERED authorizing the Assistant Attorney General or the Department of Child

Safety to submit an affidavit regarding attorney fees that have been incun-ed as to the efforts that
have been made to take down confidential information regarding this case from the internet.

2:50 p.m. Court adjourns.

Filed:
Order Granting Motion to Withdraw as Court Appointed Advisory Attorney
Sealed Document

This Courtroom utilizes an electronic recording system for the Court's record. If a court
reporter is needed, a written request must be filed with the Clerk of the Court and a copy
provided to the assigned judicial officer at least 72 hours before the commencement of the
proceeding.

To order a copy of the audio record on compact disc (CD), please call Juvenile Court
Administration (Durango facility - 602-506-4533/Southeast facility - 602-506-2544). There will
be a fee of$30 for each copy of the Superior Court proceedings. All copies wil l be provi ded
using Court-supplied media. Hearing request forms are available at the Juvenile Clerk of Cou1i,

Docket Code STATUSCONF Form JDHearing Page 4

 Michael K. Jeanes, Clerk of Court
•u Filed u•
8:00 AM
SUPERIOR: COURT OF ARJZONA
MARfCOPA COUNTY
4, - 30 � 1 5

�28lw 6/26/Z0lS
. J 176 6

CLERK OF THE COURT

H0NORABLE KRISTIN HOFFMAN C. Pitts
Deputy

IN nm MATIER OF:
N
DIA A THEOS

JENNIFER R HUNTER

KATHLEEN MARTONCIK·

.MELISSA DIEGEL
6529 W PAP AGO ST
PHOENIX AZ 85043

.. LINCOLN GREEN JR .

JESSICA JOYCE BURGUAN

FOSTER CARE REVIEW BOARD

CASA
DCS CASEWORKER SECTION 07

..
MINUTE ENTRY

Mother filed Notice to Court Demand for Disclosure and Discovery··on June 24, 2015.

Th.is minute deals only with Mother's requests for disclosure and discovery froro the
Department of Child Safety.

Docket Code ORDSIGNED Form XPIDBlankME

 SUPERlOR COURT OF ARIBONA
MARICOPA COUNTY

JD28 153 · 6/26/2015

JS1 7676

The Department made extensive a.isclosure to Mother on April 3, 201'5 by disclosure to

DiCarlo and Associates for Mother's use as ordered by the Court. The Department continues to
supplement disclosure to Mother by disclosure to DiCarlo and Associates for Mother's use.

The Department reported at hearings that it has provjded and continues to provide all
medical records in its possession that pertain to Hannah and Kayla _Diegel.

IT IS ORDERED that the De artment shall continue to disclose all medical records in
its possession that pertain t by disclosure to DiCarlo and Associates
for Mother's use as ordere

. To date, Mother ha,; chosen not to vjew any disclosure provided to Mother by disclosure
to Di Carlo and Associatts for Mother's use.

IT IS ORDERED thatthe Department of Child Safety shall make the following

disclosure in these matters by disclosure to DJCarlo and Associates for Mother's use:

1 . Any personn�l records relating to matters tn which Lorie Tatum was found to be in
violation of Department of Child Safety policy and was disciplined by the
Department of Child Safety.

2. �artment of Child Safety workers who had contact with

---- since April 8, 2014.
3. Department of Ch.ild Safety organizational chart that sets forth the chain of command
in the �epartrnent of Child Safety.

4. List of all serVices provided by Dr. Brenda Bursell to the Department of Child Safety
in the last five years.

5. A11 Court Reports and attachments thereto not previously disclo�d.

The Court finds that the following requests are not reasonably calculated to lead to the
discovery of admissible evidence:

Request No. 7
Request No. 8
Request No. 9
Docket Code ORDSIGNED Fonn XPJDB!ank:ME Page 2
 SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

JD28153 6/26/201 5
JS 1 7676

Request No. 10
Request No, 1 1
Request No. 12
Request No. 13
Request No, 15
Request No. 1 7
Request No. 1 8

, IT IS ORDERED denying Mother's Demand for Disclosure and Discovery with regard
to Request No. 7, Request No, 8, Request No. 9, Request No. 10, Request No. 1 1 , Request No.
1 2, Request :No. 13, Request No. 15, Request No. 1 7, and Request No. 1 8 . .

IT IS FURTHER ORDERED denying all other requests for disclosure and discovery
from the Department of Child Safety included in Mother's Notice to Court Demand for
Di�closure and Discovery filed June 24, 2015 not specifically granted above in this minute entry.

By separate minute entry, the. Court denied Mother's Demand for Disclosure and
Discovery as to all non-parties to this litigation.

Docket Code ORDSIGNED Fonn XPJDBJankME Page 3

 Michael K. Jeanes► Clerk of Court
0 • Filed u•
S:00 AM
SUPERIOR COURT OF ARIZONA MAY l 3 2015
MARICOPA COUNTY

S/8/20 1 5
JD28 153

CLERK OF THE COURT

HONORABLE COLLEEN MCNALLY M. Lane
Deputy

IN THE MATTER OF:

EDWARD D JOHNSON

DIANA THEOS

KATHLEEN MARTONCIK

MARTIN C KLASS

MELISSA DIEGEL
6529 W PAPAGO ST
PHOENIX AZ 85043

LINCOLN GREEN JR.

FOSTER CARE REVIEW BOARD

DCS CASEWORKER SECTlON 07
CASA

STATUS CONFERENCE

LET THE RECORD REFLECT that the appearance of Martin Ktass, advisory counsel
for the mother, has been excused for this hearing.

3 ! 1 5 p.m. This matter is digitally recorded in Courtroom 7.

This is the time set for Status Conference regarding the contempt proceedit1gs after the
Court made a finding of contempt against Melissa Diegel.

Docket Code STAiUSCONF F'ornt DependencyHrgUni Page l

 SUPERIOR COURT OF ARIZONA
MAR[COPA COUNTY

J D28 l 53 5/8/20 1 5

Present: Assistant Attomey General Jennifer Hunter; DCS Child Safety Specialist Lorie
Tatum; Katherine Schmidt, CASA; Diana Theo�dian ad !item for the children, also
appearing for Ed Johnson1 counsel for the child- Melissa Diegel, the mother, appearing
pro per; Chad Diegel, the father, observing; Assistant Attorney General Bonnie Platter,
observing; Amy Love, legislative liaison for the Arizona Supreme Court, observing; Assistant
Attorney General Bonnie Platter, observing; Assistant Attorney General Britt.any Reiner,
observing; Assistan1 Attorney General Kimberly Nye, observing; DCS Child Safety Specialist
Sara Al-Jabiri, observing; Tameika McBride, DCS observing; Michael Hera, observing; Martine
Mcurct, observing; Lisa Meltzer, observing; and Al Mayhew, observing.
All attendees of the hearing are admonished by the Court from disclosing any personally
identifiable information mentioned in the proceedings and that doing so shall be deemed in
contempt ()f court.

3: 1 9 p.m. Crystal Nuttle, observing, enters the courtroom.

The Court restates the confidentiali1y admonishment.

Discussion is held regarding the mother's "In Response to Contempt of Court Charges"
filed 3/5/20 1 5.

The Order Entered by the Court minute entry dated 1/30/20 I S provided the mother with
lhe requirements to purge the Court's contempt of court finding. TI1e Court imposed a financial
order in the Order minute entry dated 2/1 3/20 1 5.

THE COURT FrNDS that the mother has not done the actions specified in the 1/30/20 1 5
order, therefore her contempt of court is ongoing.

IT IS ORDERED that the mother has one week to comply with order set forth in the
Order Entered by the Court minute entry dated l/30/20 l S, and more fully set forth in the Order
minute entry dated 2/1 3/20 1 5. If the mother intends to comply> she is to file the required
document and provide copies of same to the other parties in the case by no later than 1 2:00 p.m.
on 5/1 5/20 15. I ft'he mother does 1101 comply, the mother will be incarcerated ror failing to purge
herself of the contempt order that the Court entered and the purge clause set out in writing on
1 /30/20 1 5.

Docket Code STATUSCONf f'orm DependencyHrgUni Page 2

 SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

J D28 1 53 5/8/20 1 5

IT I S ORDERED setting this matter for Status Conference regarding the mother, Melissa
Diegel,

on 5/ 1 8/20 1 5
at 2:00 PM
before Honorable Colleen McNally
at the Maricopa Courity Juvenile Court Center
Durango Facility, 3 1 3 1 W. Durango St., Phoenix, AZ 85009

LET THE RECORD REFLECT that the Status Conference will be held i n Durango
Co urtroom 7.

The mother renews her request for Judge McNally to recuse herself from this matter.

The Court declines to recuse herself from this matter.

4:0 l p.m. Court adjourns.

This Courtroom utilizes an electronic recording system for the Court's record. If a court
reporter is needed, a written request must be filed with the Clerk of the Court and a copy
p rovided to the assigned judicial officer at least 72 hours before the commencement of the
proceeding.

To order a copy of the audio record on compact disc (CD), please call Juvenile Court
Administration (Durango facility - 602-506-4533/Southeast facility - 602-506-2544). There will
be a fee of $30 for each copy of the Superior Court proceedings. All copies will be provided
using Court-supplied media. Hearing request forms are available at the Juvenile Clerk of Court.

IT IS ORDERED, pursuant to Arizona Revised Statutes, that any and all schools, school
districts and personnel thereof shall fully cooperate with juvenile probation officers, DCS child
safery specialists, and attorneys or guardian ad litem or Court appointed special advocates
representing a child in a dependency or delinquency action by allowing access by them to all
educational records of the child, including but not limited to records pertaining to school,
attendance, behavior, academic progress, and psychological evaluations, and shall discuss the
contents and meaning thereof with them to assist them in the preparation, implementation, and
completion of a rehabilitation and treatment plan for the child.

Docket Code STATUSCONF F'orm DepcndencyHrgUni Page 3

 SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

1D28 1 53 5/8/201 5

WARNING

As a parent, it is your responsibility to cooperate with all services offered, and work toward
return of your children. A failure to do so, within a reasonable period of time, may mean losing
your children forever through termination o f your rights and adoption.

t'Jav
DATE l031�

Docket Code STATUSCONF Porm DepertdencyMrgUni Page 4

 ,.. -,
MICH /\tl ,I\ . JEMI ES, CLEJ�ri
BY J ....e_� OEP
t?') ' {l�-'7--
F ILED
SANDLER LAW, PLLC
DeDe Sandler, Bar No. 024770 15 APR - l AM 9: 49
1 0869 N Scottsdale Road, #I 03- 1 12
Telephone (480) 447-7046
3 Facsimile (480) 447-7049
dede@sandlerlawaz.com
4 Attorney for Mother
5
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
6
fN AND FOR THE COUNTY OF MARICOPA
7
In the Matter of:
s
MOTION FOR APPOINTMENT OF
9 DICARLO ASSOCIATES LLC TO
OVERSEE MOTHER'S REVIEW OF
10 OlSCLOSURE.
It
REQUE� FOR EXPEDITED Rill.JNG
12
Person(s) under 1 8 years of age (Honorable Kristin C. Hoffman)
13
14
Undersi gned couns!!l hereby moves this Court for an expedited order for appointment
15
of Dicarlo and Associates, a private investigation firm, to be appointed in the above captioned
16
matter to comply witb thls Court's March 6, 20 15, order that Mother be supervised ln the review
17
of all Department of Child Safety disclosure documents. 1
18
Undersigned counsel has consulted with Jim Log3:,-0, Director of Public Defense Services
1-9
(OPDS) and Merri Plummer. Contract Administrator, OPDS regarding the use of county funds to
20
pay a Private Investigator fjnn to supervise Mother•s �eview of the documents, It is OPDS's
21
position that "tn the event that someone must watch the mother as she reads the documents, it
22
would be a more prudent use of ta.xpayer fu.nds to pay an investigator to do so than an attorney,
23
· 24
25
1
Mother does not agree that supervision should be required for her to view tbe·disclosure documents, R.�gardless if
this suporvision occurs with the llssistance of a private investigator or With ttn attorney Mother asserts her dght to
view the documents unsupervised..
-1-
 1 It is a waste· of resources to have an attorney monitor this activity,"2 Further, Mr. Logan has
2 already approved the request for an investigator on this matter (pending court order) and funds

3 can generally be available for the investigator within 24 hours of the request.3

4 Maricop� County provides a list of over twenty-five private investigation firms that contract
5 with the county. Undersigned counsel contacted most of the providers and they all provide
6 approximately the same services. Undersigned counsel selected a firm (Hereinafter "the Firm")
7 based on proximity to Mother's residence. The Firm is available to take Mother's case

8 immediately.
9 The Firms contact information is as follows:

10 DICARLO AS SOCIATES LLC, License #1003885

20280 N 59th Ave #1 1 5-63 1 Glendale, AZ 85308
11 Telephone number: 623-476-5567
Facsimile number: 623-321 -605 8
12 Representative: ,Van DiCarlo
Representative e-mail: van.dicarlo@dicarloassociates.com
13
14 Undersigned counsel spoke with the representative, Van DiCarlo and confirmed the following:

15 1) The Finn is comprised of six (6) retired Phoenix Police Officers and two Jr. Investigators

16 who are trained in the supervision of criminal defendants who wish to view their records

17 for trial;
18 2) The Firm has handled several high profile investigations, _including the most recent
19 investigation for the Jodi Arias murder trial;
20 3) The Firm has the availability and resources to staff Mother between now and trial in
21
review of the documents;
22
23
2
Mr. Logan is also of the position that Mother has previously failed io comply wlth'court orders that she not
24 disclose infonnation or post information online. Paying someone to supervise Mother, regardless of who supervises
her (attorney or private investigator) it does not solve the problem of her failure to follow the Courts orders.
25 3
lt should be noted that the use of county funds for a private investigator is available to Mother through OPDS even
if.she appears Pro Per.

-2-
 I 4) If neededt a representative of the Firm; •upon court order, will appear at court for the

2 purpose of being provide specific directions for how the super-vision should occur and the
3 rules they are to comply with;
4 5) The Firm will accept copies of all disclosure directly from the Attorney General's Office
5
and will hold the disclosure at their office until the supervision is complete; 4
6
6) The Finn will meet Mother at a mutually agreed upon location on the dates and times
7
they determine and will supervisor her in reviewing the disclosure. The Firm will ensure
8
that Mother is not left alone with the documents and will follow all protocol as set forth
9
by this Court;
.10
7) When review of the documents is complete, the Firm will return the disclosure directly to
11
12 the Attorney General 's Office;

13 8) Pinally, the Firm will flle an affidavit with this Court that they have complied with the

14 Court's supervision orders.

15 The Pirm has the immediate availability and resources as well as the skill to ensure

fo-
16 compliance with this Court's disclosure order.
17 AU parties have been contacted regarding the filing of this Motion. Assistant Attorney
18
General Kathleen Martoncik and Edward Johnson, Attomey are in agreement �ith this
19
motion. Diana Theos, Guardian ad L.item for the Children, takes no position. At the time of tWs
20
filling no response has been received from the Father's attorney.
21
22
R.ESPECTFULLY SUB:MI'ITED this -1}Q.- day of March, 20 l5.
By: �
23 /
24 DEDE SANDLER; Esq.
Attorney for Mother
25
1 The state intends to provide the disclosure in this matter on a disk. TI1e Firm will provide Mothet with a
emnputer, without internet access, to vie.w the documents,

-3-
 1 O:iginal o f the led
this }L day of � , 201 5, with:
fo�
2
Clerk of 1he Court
3 Maricopa County Superior Court
Juvenile Division/Durang() Facility
4 3 1 3 l West Durango
Phoenix, AZ 85009-6292
5
6 Cop): of the foregoing hand-delivered
this 5tl_ day of � 20 1 5, to:
7
Honorable Colleen McNal ly
8 Maricopa County Superior Court
Juvenile Division/Durango Facility
9 3 1 3 1 West Durango
Phoenix, AZ 85009-6292
10
Honorable Kristin Hoffman
11
Maricopa County Superior Court
12 Juvenile Division/Durango Facility
3 1 3 l West Durango
13 Phoenix, AZ 85009-6292

14 Jennifer Hunter, Esq. and

Kathleen Martoncik, Esq.
15 Attorneys for tbe Department of Child Safety
16 Lincoln Green, Jr., Esq.
40 N. Central Ave, Ste 1400
17 Phoenix, AZ 85004
Attomeyfor lite Father
18

19 Diana Theos, Esq,

P O Box 1 0898
2 0 · Glendale AZ 853 1 8
Guardiau ad Litemfor the Cl,ildren
21
Edward D. Johnson, Esq.
22 7558 West Thunderbird Road, Ste. l -5O6
Peoria, AZ 85381
23 Attorney for -
24 Katherine Schmidt
katherine.scbmidt@maricopacasa.org
25
Court.Appointed Special Atjyocaitr

By AL
 Sandler Law, PLLC
DeDe Sandlerl Bar No. 024770
2 l 0&69 N Scottsdale Road, #1 03-1 12
Telephone (480) 447-7046
3 Facsimile (480) 447-7049
dede@sandlerJnwaz.com
4 Attorney for Mother
5
TN THE SUPERIOR COURT OP THE STA TE OF ARIZONA
6
lN AND FOR THE COUNTY OF MARICOPA
7
I n the Matter of; JD 281 53 S 1 7676
8
ORDER :FOR APPOlNTMENT OF
9 DICARLO ASSOCIATES LLC TO
OVERSEE MOTHER'S REVIEW OF
10 DISCLOSURE.
11 REQUEST FOR EXPEDITED RULING
12
(Honorable Kristin C. Hoffman)
13
Person(s) under 1 8 )'t':UJ'S of age
14
15
o IT lD ORDERED thal Office of Public Defense Services provide the Private
16
Investigation firm of DI CARLO ASSOC IATES LLC to supervise Mother' s review of the
17
18 documents in this matter.

19
20
21 DATED: at,�R ) • 20 15.
22
23
24
25
JUDGE OF THE SUPERIOR COURT

-6-
 1 MARK BRNOVICH
Attorney General
2
3 KATIILEEN E. MARTONCIK
Assistant Attorney General
4 State Bar No. 023982
5
JENNIFER R. HUNTER
Assist.ant Attorney General
6 State Bar No. 015461
CFP/PSS
7
P.O. Box 6123"040A
8 Phoenix, AZ 85005
(602) 542- 1645
9 PSSDurango@azag.gov
10
Attorneys for the Department of Child Safety
11
12 1N 11-IE SUPERIOR COURT OF TI:IE STATE OF ARIZONA

13 IN AND FOR THE COUNTY OF MARICOPA

14
In the Matter of: �/ JS 17676
15
ORDER REGARDING USE OF A
16 PRIVATE INVESTIGATOR FOR
17 MOTHER'S REVIEW OF
RECORDS
18
19 (Expedited Order Requested)
20
21 (Honorable Kristin Hoffman)

22 (heard by Honorable Colleen McNally)

23
24 Upon consultation with all counsel in this matter, this court hereby orders that the
25 parties and all counsel comply with the following terms regarding Mother•s supervision of
26
records in preparation for trial and request that the Court issue the order submitted herewith
27
28 regarding the same:

II
.,
1 Upon order of this Court, Maricopa County Office of Public Defense Services
2 (Hereinafter "OPDS") will retain a private investigative firm at the sole expense of OPDS,
3
to supervise Mother's review of DCS 's records. 1 The private investigative firm is trained
4
s in the supervision of criminal defendants who wish to view their records in preparation for

6 trial.
7
The Department of Child Safety will provide disclosure to the private investigative
8
fi� with the understanding that disclosure will not be provided directly to Mother. The
9
10 private investigative firm shall supervise Mother's review of all records 1 and ensure that:
11 (1) Mother is permitted to view the records for the pmpose of assisting in preparation for
12
trial; (2) Mother is not permitted to be alone with any records; (3) Mother is not permitted
13
to keep originals or copies of any records; (4) Mother is not permitted to photograph or
14
15 record any records; and (5) Mother is not permitted to record any conversations about any
16
records. The private investigative finn shall not permit anyone other than Mother or
17
Mother's counsel to review any records or be present during Mother,s review of the
18
19 records. The private investigative firm shall further provide Mother with paper and pen if
20 she wishes to take notes regarding the records to provide to her attorney. All notes taken
21
shall be retained by the private investigative firm until further order of this Court.
22
Ill
23
24 Ill
25
26
27
1
28 It should be noted that Mother is not in agreement that supervision is needed to review the disc:Josure documents.
Regardless if this supervision occurs with the assistance of a private investigator or with an attorney mother continues
to assert her right lo view the documents unsupervised.
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II
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1 Under no circumstances shall the private investigative firm allow Mother to be

2 outside of the supervisor's immediate presence with any notes or documents.
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5 Dated this _J_ day of�, 201 5.

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8 H�RABtliatrsirn HOFFMAN
JUDGE OF THE SUPERIOR COURT
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27 Original of the foregoing filed
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"Records" shall be read to mean any and all infonnation disclosed by the Department in JD28 I 53 or JS 1 7676,
regardless of fonnat, subject matter, or origin.

3
II
·♦·· -,,.,, ,.._
- ·,
HICHA t.L 1t Jf:'.AN· tS, tt.EHK
BY
�-�
FILED
OEP

MARK BRNOV ICH

2 Attomcy General 15 APR - I PM 12: 39
3 KA'l'HLEEN E. MARTONCIK
Assistant Attorney General
4
State Bar N<.1. 023982
5 JENNIFER R. HUNTER
Assislalll Attorney General
6 Staie B,ir No. C> 1 546 1
7 CFP/PSS
P.O. I3()X 6 1 23-040A
8 Phoenix, AZ 85005
9 (602) 542-1 645
PSSDurungo@uz.ag.gov
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11 Attorneys for the Dcpnrtmcnt of Child Safety

12 lN THE SUPERIOR COURT OF THE STATE OF ARIZONA

13 IN AND POR THE COUNTY OF MAR ICOPA
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In lhe Matter of: JD28 l 5 & .1S 1 7676
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16 DCS AND FATHER'S
AGREEMENT REGAR.DlNG
17 DISCLOSURE PARAt'1ETERS
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(Hon(lrable Kristin Hoffman)
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(heard by Honorable Collce11 McNally)
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2[ Person(s) under 1 8 yearn 9.!:2:�----•
22 Chad Diegel (Father)'s counsel, Lincoln Green, (FnUlcr's Co1.mseJ) certifies by his
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below signature that Father's Counsel shall devise a system under which: ( I ) Falher if:
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25 penniued to view tl1e records I for the purpose nf assisting in preparation for ll'ial; (2)
26 father is Ml permitted to be alone with any records; (3) Father is not permitted lo kc�p
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origi..nals, copies, or reproductions of any kind of any records; (4) Father is not permitted to
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A

pholograph or record .any records for any reason; and (5) Father is not permitted to record
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any conversations about any records. father's Counsel shal l be responsible for enforcing
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this system throughout his office and with respect to any office or individual lo whom
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5 Father's Counsel provides further disclosure. Father's Counsel shall be responsible for
6 ensuring that anyone with access to the disclosure provided by the Depa11ment is aware of
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this agreement and is bound by this agreement. Father's Counsel ft1rther certifies that
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9 should he withdraw from this matter for any reason, he will not make any further disclosure

10 of any record, including to Father or Father's Sllbsequent counsel. wi thout further court
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order.
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14 DATED: ___ Lf_.--_1-_t_S__� 0 1 5.
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1 "Records" �hall bt: rc11d Ill uicuo any Hud 1111 inform11lion discluscd by Lin.: Dcpu11men1 ii.I 1D28 153 or JS 1 7676,
regardless of ronnal, sul�ject muller, or origin.
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