Arizona Politics

Andrew Thomas hearing: Judge threatens lawyer with contempt

by Yvonne Wingett Sanchez - Sept. 19, 2011 10:27 PM The Arizona Republic
Recommend 11 24 people recommend this. Be the first of your friends.

The heated exchange between attorney Ed Moriarity and Presiding Disciplinary Judge William O'Neil took place during Monday's ethics hearing and led Moriarity to ask for a mistrial in the administrative proceeding. His request was promptly denied. Andrew Thomas trial Correspondence about the RICO case Correspondence about the RICO case Supervisors' questions for interim county attorney applicants The lead attorney for former Deputy Maricopa County Attorney Lisa Aubuchon was threatened with contempt of court Monday for repeatedly failing to heed the judge's decision that his line of questioning was not relevant. Aubuchon; her one-time boss, former County Attorney Andrew Thomas; and former Deputy County Attorney Rachel Alexander are accused of 33 ethics violations stemming from their actions against county officials and judges. Aubuchon and Thomas face the loss of their law licenses, while Alexander faces other sanctions. The hearing could continue into November, and it has garnered national media attention - as well as the attention of the FBI, which has had an agent present in recent days. Moriarity, whom the judge repeatedly scolded last week, was attempting to question Thomas' former chief deputy, Phil MacDonnell, about the sweeping of county coffers, including those of Thomas and Sheriff Joe Arpaio , in 2009 by the Board of Supervisors to make a state-mandated payment to the Arizona Legislature. Back then, local governments were given one-time legislative authority to lift restrictions on the use of these special-revenue funds so money could be used to help the state. But Thomas and Arpaio did not want to give up the special funds allotted to their offices, and they viewed the "sweeps" as a vindictive political act by the board. They sued the board and lost. Given that the fund sweeps were not illegal, O'Neil repeatedly told Moriarity his line of questioning was not relevant. Moriarity argued that his questions were important, prompting a stern rebuke from O'Neil. Again, Moriarity pressed, talking over O'Neil and arguing that the fund sweeps fit into a pattern of the Board of Supervisors punishing the County Attorney's Office through budget restrictions during the years-long disputes. "It doesn't impact these proceedings at all, Mr. Moriarity," the judge said, later adding, "I'm not going to discuss whether the supervisors were in collusion with the Legislature (to sweep funds). I'm not going to go afield to determine whether . . . state legislators were in collusion with the board, which is the only path we can take." Moriarity said he wasn't trying to allege collusion, but O'Neil didn't buy that, saying, "For us to go afield and say, 'Here's another collusion or a conspiracy,' I'm saying, it's going sideways, and that's why it's not relevant." After more arguing, O'Neil restated he would not entertain Moriarity's questions about the fund sweeps, yelling, "Move on! I'm ordering you to stop! I don't want to go down this track with you, Mr. Moriarity. But I'm telling you - I've ruled on it, you've made your record. Stop." Moriarity then picked up his papers and walked away from the podium, prompting O'Neil to threaten him with contempt. Moriarity, who appeared shaken, responded, "I am totally intimidated by Your Honor."

Moriarity, who appeared shaken, responded, "I am totally intimidated by Your Honor." O'Neil responded, "I regret that you're intimidated by the words coming out of my mouth." Moriarity then asked for a mistrial. "It's denied. Move on," the judge replied. "Ask questions or sit down, your choice. Either one's fine with me." Moriarity, who is based in Montana, has said he is representing Aubuchon pro bono in the ethics case. He has also filed notices of claims on behalf of Aubuchon; Arpaio's former chief deputy, David Hendershott; the sheriff's former deputy chief, Larry Black; as well as sheriff's Capt. Joel Fox, who remains on paid leave following allegations of misconduct. Among the revelations from Monday's hearing: - A 2009 e-mail from Hendershott to Thomas, MacDonnell and Thomas' former third-in-command, Sally Wells, saying a private attorney hired to advise on a racketeering suit "is all good with the civil RICO, loves the idea of others coming on board strategy." But Thomas' top staff warned against pursuing such a suit. The e-mail chain shows MacDonnell responded to Thomas, Wells and Thomas' former special assistant Barnett Lotstein, advising that a civil racketeering suit against the Board of Supervisors and others would be unfounded, writing, "It would be a misuse of the law, which should be reserved for clearly criminal conduct." Lotstein agreed and in a response said a RICO complaint against the board "is extreme and doomed to defeat unless the evidence is compelling and incontrovertible." Moriarity had objected to the email being entered into evidence. - A memo written by another private attorney that assessed the feasibility of success with the civil RICO suit against the supervisors, judges and others. The attorney, David Harlow, wrote that a "major problem" with such a suit was that the supervisors were not acting for financial gain. "Plus, I am not sure the members of the BOS (Board of Supervisors) truly have committed any of the necessary predicate offenses for the racketeering statute to apply (although I conclude they may have done so by 'hindering' or 'obstructing' criminal prosecutions)," he wrote. The information was shared with staffer Peter Spaw, Thomas' racketeering expert, who had advised his boss against pursing a racketeering suit. - A three-page questionnaire the Board of Supervisors gave to finalists vying to replace Thomas when he resigned to run for state attorney general . The questions attempt to test the applicant's opinions on the duties and powers of the county attorney vs. the powers of the board and his philosophies regarding IT functions, take-home vehicles, use of racketeering money and other issues. Aubuchon has previously said the board was attempting to hand-pick a successor aligned with the board's philosophies. The hearing continues today.

MORE FROM AZCENTRAL Man taking photos falls off cliff as son watches (azcentral.com | news) Jon Cryer thanks Chuck Lorre for saving Charlie Sheen (azcentral.com | celebrities) Family sues Starbucks over hidden bathroom camera (azcentral.com | news) Glendale police: Couple found dead at Luke Air Force Base (azcentral.com | glendale) Maricopa County Sheriff's captain paid as case goes on (azcentral.com | north phoenix)

MORE FROM THE WEB Close Encounters: Proof Of Alien Contact (SnagFilms) Brigett Mercado (More.com) Josh Sugarmann: Nevada Ranks #1 in Rate of Women Murdered by Men (Huffington Post) Bianca Jagger: A Day of Shame for the State of Georgia and the Justice System (Huffington Post) Chair 4 removed at Beaver Creek (Snow.com)
[?]