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De Facto Arpaio

Former Deputy Chief Brian Sands of the Maricopa County Sheriff’s Office has written a memoir titled “Arpaio De Facto Lawman” detailing his experiences with Sheriff Arpaio and the office. Stephen Lemons of the Phoenix New Times has an article on it. Fine Stephen, but we already know that Sheriff Joe is a narcissist. Tell us about the birthers!

For that, you will have to buy the book, and you will not be disappointed. The birthers get their own short chapter (7) titled, duh, “Birthers.” It mentions “probable cause,” a concept Sheriff Arpaio was not too fluent in. Sands puts it this way in terms of the Obama birth certificate investigation:

Arpaio’s perspective is I want to be involved, so let’s figure out how to establish an excuse for the reasonable test.

One of the questions surrounding the Cold Case Posse investigation was: just who was the Cold Case Posse. Sands answers this by saying:

At first, Zullo had several other Posse people “working” on the case, two of whom were civil private practice attorneys. The attorneys, for whatever reasons, distanced themselves. Now it was primarily Zullo and the newly-recruited [Brian] Reilly.

Enter Jerome Corsi, who was given office space by Arpaio. The Hawaii trip is discussed. When Deputy Chief Sands questioned Zullo about what evidence he had that would lead to a probable indictment, Zullo said nothing.

Sands does not take a firm stand about where Obama was born, but he maintains skepticism about Arpaio and the CCP investigation and makes this reasonable statement:

When the State of Hawaii came out and officially said that Obama was born in the State and denied Arpaio’s claims of not maintaining secure records[, y]ou would think nothing more could be investigated.

Of additional interest, Sands confirms Brian Reilly’s story on some detail points, some up until now, unpublished.

Update: A comment from Brian Reilly

Having just completed reading chapter 7, entitled "Birthers," I have a few comments to make about former Chief Deputy Sand’s new Kindle book on Amazon.

Sands wrote that Arpaio asked us as Tea Party members to do a petition requesting the birth certificate investigation, and we were to bring the petition back to Arpaio. This was not an accurate statement. When we first met with Arpaio on August 18, 2011, we presented him with a petition with 242 signatures that we gathered the previous night on August 17, 2011. The petition idea was mine and mine alone. Arpaio knew nothing about the petition idea until it was presented to him at the August 18 meeting. At the August 18, meeting, Arpaio asked us to write a formal letter requesting an investigation of the Obama birth certificate and he said "put me in a box" and told me to come back to give all of our evidence and the petition and the letter to him on August 22, 2011, which I did alone.

Additionally, Chief Deputy Sands confirmed that I was unhappy with the conduct of the Zullo birth certificate investigation. (I was not impressed at the time with the biased way in which the investigation was being conducted along with other issues related to liability and I resigned from the Cold Case Posse. )

Chief Deputy Sands also confirmed that no taxpayer dollars were to be used in the investigation, and in fact tax dollars were used.

Sands also confirmed that Zullo had a few years of law enforcement, not the "decades" of law enforcement experience that Carl Gallups has advertised on his Freedom Friday radio show.

Of special note was what Sands related about Zullo’s lack of evidence regarding the birth certificate investigation. Very telling indeed.

I was very impressed with Chief Deputy Sands when I met him on August 18, 2011 when I was a Tea Party member and also when I was a Cold Case Posse member. Chief Sands was the only one to question whether the Jerry Corsi provided "witnesses" were actually considered "experts" and whether they had ever testified in court as experts. As a Cold Case Posse member, I can honestly say, I respected Chief Sands and his "by the book" approach to police work.

And one final note, Sands confirmed that Zullo and I were the only Cold Case Posse members who were actively involved in the investigation.

Other critical books about Joe Arpaio:


“Any day now” gets closer

It’s been a slow week and I am reduced to republishing Birther Report. One of them had the stomach to listen to Carl Gallups Freedom Friday program and this comes from that:

Carl Gallups: Been talking to Mike Zullo. Both the birth certificate and criminal investigations are still ongoing. Sheriff Arpaio is getting close to holding the press conference. They are in the process of getting over two legal hurdles so they can release some of the information. All sources and information must be extensively vetted.

So “any day now” becomes “getting close” and “getting VIPs on board” becomes “getting over two legal hurdles.” I wonder what those legal hurdles are. Could they be:

  1. No evidence
  2. No jurisdiction

Perhaps we will find out, any day now.

Cold Case Posse gets a pass

In a move that’s leaving this writer’s head shaking, the Arizona Corporation Commission has confirmed that the Cold Case Posse is now in good standing with the Commission, and that it’s corporate filings now conform with statutory requirements (even though that hardly seems possible).

A copy of the following email was forwarded to me:

Thank you for the additional information regarding the Maricopa County Sheriff’s Cold Case Posse.  We have reviewed the recent submissions relating to this entity and can accurately state that all approved filings are in compliance with applicable statutes.  The entity record has been updated to reflect those approved filings.

Thank you again for the information.


Tanya M. Gibson, Deputy Director

I will refrain from saying something catty at this point.


Some folks have gone over the CCP filing in detail and have concluded that the letter of the law has been followed, if perhaps not the intent. What we see here is the continued program of hiding and non-disclosure from the Cold Case Posse that I think is in appropriate for an organization that gets a tax exemption from the government.

Flash: Cold Case Posse in good standing. Why?

Updates to the Arizona Corporation Commission web site show the Cold Case Posse now in good standing. I said it would be simple to fix. What is strange is that the corporation’s address remains the address of a post office and the Agent physical address a FORMER location of the Sheriff’s Office, where we confirmed that the Cold Case Posse and Mike Zullo do not have an office.

Stay tuned.


Some folks have gone over the CCP filing in detail and have concluded that the letter of the law has been followed, if perhaps not the intent. What we see here is the continued program of hiding and non-disclosure from the Cold Case Posse that I think is in appropriate for an organization that gets a tax exemption from the government.

Cold Case Posse officer guilty of perjury?

False statement on corporate filing

We’ve all been having our little laugh about the antics of the Cold Case Posse and their inability to fix a simple corporate registration in Arizona. It should be a simple fix, but if they don’t get on the stick, their little enterprise may get dissolved in about 52 days.

However, something a little more serious has surfaced in the Posse’s 2014 Annual Report with the Arizona Corporations Commission, filed this past June 16, and signed by Mike Kowalski (bearing the title “Other Officer” whatever that is). The signature on the form, in this case electronic, is given under this text:

I further declare under penalty of perjury that I (we) have examined this report and the certificate, including any attachments, and to the best of my (our) knowledge and belief they are true, correct and complete.

Let’s examine one item on the annual report:


That is not true and it is not correct.

Given the significant publicity accompanying the move of the Sheriff’s Office to new facilities at 550 West Jackson Street over 6 months ago, it is hard to excuse anyone in one of the posses not knowing there the Sheriff’s Office is, and that it is no longer at 100 W. Washington, the address filed with the Arizona Corporations Commission for Mike Zullo a scant 10 days ago.


Some speculated that perhaps the Sheriff’s Office still maintains a presence in the old building, and that Zullo can be reached at that address. Not so, according to the property manager as confirmed today by Lori Brown:

I am responding on behalf of Danny Ischy as he is traveling this week.  I have confirmed with our Property Manager that everyone from the Maricopa County Sheriff’s office vacated the Wells Fargo building in December 2013 and Mr. Zullo no longer has an office at 100 W. Washington St.

Thanks to individuals who provided information for this story.

Cold Case Posse faces dissolution

The Maricopa County Sheriff’s Cold Case Posse has been operating for over 2 years without valid corporate filings with the State of Arizona. They used a bogus address (the street address of a post office) for their place of business in violation of the statute. A notice of deficiency was sent to the CCP, and no appropriate corrections have been made. The CCP’s latest filing this past Monday, June 16, still has the bogus address!

The CCP has now been given 60 days, and if they do not remedy their filings, the CCP corporation will be dissolved.



You can search for an Arizona corporation on the Commission web site (search under Annual Report). The Cold Case Posse file number is 1334289-0.


Zullo responds. Will use Sheriff’s Office for address (only that’s not really the Sheriff’s office address he used). Read it all at the Phoenix New Times, where you see Zullo say:



imageEven so, the Corporate Annual Report filed this past June 16, lists a 10-month-old address for Zullo at the Sheriff’s Office (right). No wonder he can’t respond to notices from the ACC: Zullo gave them the wrong address.