An open letter to Pastor Carl Gallups

In response to the September 26, 2014 Freedom Friday Show

by Brian Reilly

"If I find out Zullo’s lying to me, I’ll tell the world about that."

— Carl Gallups, Freedom Friday 9/26/2014

Pastor Gallups, I have listened to you on the radio, several times over the past few years and quite frankly, the information that you present, on occasion, does not match with my experience and training as a former, volunteer Cold Case Posse member who not only worked shoulder to shoulder with Mr. Mike Zullo, but I was also recruited for the Cold Case Posse by Mr. Mike Zullo. (I became a CCP member on April 17, 2012 and I resigned,  10 weeks later on June 30, 2012, after I saw the inner workings of the Cold Case Posse.)

For example, I recall you stated on your program or read in your articles your reference to Mr. Zullo as a professional, law enforcement officer.  In one of your articles you refer to the combined 80 years of law enforcement experience that Sheriff Arpaio and Mr. Zullo have together. I’ve also heard you say or publish the titles, "Detective" and "Lieutenant" referring to Mr. Zullo’s rank within the Cold Case Posse.  Please, feel free to correct me if I’m inaccurate.

In Mike Zullo’s Alabama affidavit, he refers to himself as a "former" law enforcement officer. When my wife and I attended the March 1, 2012 Cold Case Posse press conference, Mr. Zullo was asked, by the press,  about how much law enforcement experience he had.  "Five years" was his response, and that was in New Jersey, not Arizona. Zullo volunteers in an unpaid Posse position. How does the word, "professional" apply?  Sheriff Arpaio, at the time of the 80 years comment made above, I believe had 50 or 51 years of law enforcement experience.  Were you suggesting that Mr. Zullo had 29-30 years of professional law enforcement experience? And, in the Posse, we had no military rank.  Former MCSO Deputy Chief, Brian Sands, with a reported 30 years of law enforcement experience, classified the Posse title "Commander" simply as a point of contact for the Posse in his book "Arpaio, Defacto Lawman." (Available on line at Barnes & Nobles.)

In your articles, I believe that I’ve read that you have a decade of previous professional law enforcement experience. I would assume that you were paid for your service as a professional.  I would assume to become a sworn law enforcement officer, you went through a state certification process.  I would assume that you had a title such as Police Officer,  Deputy Sheriff or Corrections Officer or the like.  I would assume that you carried a law enforcement commission card, that identified you as a state certified,  sworn law enforcement officer. I assume that you carried a badge that stated your law enforcement position and your department.  I assume that you had the authority to enforce the law, inherent with the position of a certified sworn law enforcement officer.  Pastor Gallups, have you asked Mike Zullo if his experience is the same as yours?  Posse members are not sworn, state certified, law enforcement officers.

In your Sharon Rondeau / Post & Email article, you are quoted as saying that you asked Sheriff Arpaio if Mike Zullo is really a law enforcement officer. To quote your question to Sheriff Arpaio, "Tell me, tell our audience: Does Mike Zullo really have law enforcement powers?  Is he [Zullo] a bona fide law enforcement officer with the Maricopa County Sheriff’s Office? Does he [Zullo] have arrest authority?" Sheriff Arpaio’s response: "Yes, yes, yes, and yes.  He works for me, and he is a bona fide law enforcement officer with my authority." The key words, "with my authority."  Pastor Gallups, I would remind you that "bona fide" refers to "genuine." As Posse members we were told that we could only act if given a command by a sworn MCSO Deputy Sheriff, who was a state certified law enforcement officer.

Pastor Gallups, in your law enforcement position, could you be arrested for impersonating a law enforcement officer?  Did you know, according to our Posse training classes, we were told, never to carry our badges when not doing volunteer Posse work?  We were told to leave our badges at home so that we would not use the badges for identification, as volunteer Posse members  could be arrested for impersonating a law enforcement officer. I’m sure that you would agree, a bona fide, state certified law enforcement officer would not be arrested for showing his badge for identification.  Can you think of anytime that you would have been arrested as a real law enforcement officer for showing your badge?  I was told in our Ethics / Law & Legal training classes that Posse members have been prosecuted here in Arizona for impersonating law enforcement officers.

And finally, I communicated this week with Executive Director Lyle Mann of Arizona Peace Officers Standards and Training (AZ POST).  My question to him was: "Has Michael P. Zullo EVER been AZ POST certified as a law enforcement officer?"  Director Mann’s reply:  "No he has not." lylem@azpost.gov.

Pastor Gallups, I hope that you will consider the things that I have written in this letter, and seek the truth.
 
Regards,
Brian Reilly

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58 Responses to An open letter to Pastor Carl Gallups

  1. y_p_w says:

    I would note that it is possible to be a reserve officer with full law enforcement certification and not be paid for it or at least get only a symbolic amount.

    I heard Shaquille O’Neal has held that position with several police departments, although apparently had had been affirmatively rescinded. I looked it up, and it wasn’t one of his real law enforcement credentials, but rather his “special deputy” title with the Maricopa County Sheriff’s Office in one of their posses. Arpaio personally went to the press to tell them that Shaq’s title was pulled. I’m wondering if he’ll do the same for Zullo.

    http://www.azcentral.com/news/articles/2008/06/24/20080624shaqjoe.html

    I do know of one group of reserve sheriff’s deputies that aren’t paid by the certifying agency, but rather by a private organization. Stanford University’s Dept of Public Safety has sworn reserve deputies of the Santa Clara County Sheriff’s Dept. They’re paid as Stanford employees, but they have a memorandum of understanding about the duties and responsibilities of their title.

  2. Maverick says:

    Of course, this begs the question whether Gallups was ever a law enforcement officer. See http://nobullu.blogspot.com/2012/03/cult-of-carl-was-he-fl-law-enforcement.html

  3. john says:

    “As Posse members we were told that we could only act if given a command by a sworn MCSO Deputy Sheriff, who was a state certified law enforcement officer.”

    Hasn’t Brian Reilly just answered his own question. If I recall, Sheriff Joe Arpaio is a sworn MCSO officer – He’s the Chief.

    I think Zullo is trying to say his has law enforcement powers and authority are derived by the direct authority of Sheriff Joe Arpaio. That being the case, Zullo is exempt from the actual required training needed to be sworn police officer.

    So in answering the question –

    Has Michael P. Zullo EVER been AZ POST certified as a law enforcement officer?

    Yes, the answer is NO. This is true

    However, Zullo does not need to be certified because his authority has been granted by Sheriff Joe Arpaio himself.

  4. Zullo spent 10 minutes trashing Brian Reilly on yesterdays Fact Free Friday with Pasture Gallooops. Reilly touched a raw nerve when he got on the Boyles show last week. The lover boys were none too happy with Peter Boyles either. They were expecting a big ole apology and got nuttin’. The segment was nothing but nonstop whining. I posted a clip at the Fogbow.

    http://thefogbow.com/forum/topic/5594-carl-gallups-big-plan-a-this-is-it-really-for-sure-this-time/?view=findpost&p=579220

  5. john says:

    Zullo explains it in this manner in his afffidavit:

    7. Upon activation by the Maricopa County Sheriff, certified Posse members are empowered to act as if the Sheriff himself were present when called upon to do so. Posse members of the MCSO are delegated their law enforcement authority by the Maricopa County Sheriff.

    In other, Zullo DOES NOT AZ POST certified as a law enforcement officer. He’s exempted.

  6. HistorianDude says:

    Maverick:
    Of course, this begs the question whether Gallups was ever a law enforcement officer. See http://nobullu.blogspot.com/2012/03/cult-of-carl-was-he-fl-law-enforcement.html

    Concerning that database of current or former Florida law enforcement personnel.

    My best friend at West Point was briefly a Tampa cop in the late 1980s, a job he did not find congenial to his personality. Like Gallups, he eventually felt “the call” and became years later the head pastor of a non-denominational Christian church in Minnesota where he preaches to this day. He was cop for less than one year.

    It took me six minutes to find his name in that database.

    I think this is a legitimate question. Was Gallups ever actually in law enforcement? The database DOES include correctional officers which is the closest thing to a detail that I have ever heard him mention. The only Gallups in the database is a “Jimmy D. Gallups” who retired with 30 years service from the Jacksonville Sheriff’s Department (not including an 8 year break in service) in 2005.

    Hmmmmm.

  7. john says:

    It is possible Gallups may have changed his name. Gallups does sound like a personality name.

  8. So what do you think that the word “certified” means in that context? The point is that Zullo is NOT AZPOST certified (if that’s what it means).

    Arpaio himself has said:

    “They have full law enforcement authority, once I mobilize them.”

    AZPOST begs to differ. Read this article on the argument:

    http://blogs.phoenixnewtimes.com/bastard/2013/01/joe_arpaios_posse_not_post_tra.php?page=2

    john: Zullo explains it in this manner in his afffidavit:

    7. Upon activation by the Maricopa County Sheriff, certified Posse members are empowered to act as if the Sheriff himself were present when called upon to do so. Posse members of the MCSO are delegated their law enforcement authority by the Maricopa County Sheriff.

  9. bovril says:

    john:
    Zullo explains it in this manner in his afffidavit:

    7.Upon activation by the Maricopa County Sheriff, certified Posse members are empowered to act as if the Sheriff himself were present when called upon to do so.Posse members of the MCSO are delegated their law enforcement authority by the Maricopa County Sheriff.

    In other, Zullo DOES NOT AZ POST certified as a law enforcement officer.He’s exempted.

    Sorry John, doesn’t work that way, no matter what Zullo and Pie Hole say it is.

    The actual LAW in Arizona states quite clearly that unless you are POST trained, qualified and certified you ARE NOT a cop of Arizona, full stop, end of story.

    Certain very specific types of Posse members have very very limited police powers when under the direct control and supervision of a POST trained cop. That means when they are PHYSICALLY present and in the direct work as a cop, with a cop. Zullo does not fall into this specific exception ever.

    Care to try again

  10. Arthur says:

    I very much doubt bithers will find anything persuasive or convincing in Brian Reilly’s letter, and Carl Gallups is absolutely beyond rational or ethical appeals.

  11. john says:

    I guess it really is Joe Arpaio’s word and authority again AZPOST Director Mann’s word and Authority. Mann may be the director of the police in general by the MCSO is Joe Arpaio’s therefore he call the shots for his force. In other words, Arpaio’s Posse force has no police powers outside of the MCSO because they aren’t state certified but from within the MCSO juristiction, they have what powers and authority Sheriff Joe Arpaio wishes to grant them.

  12. john says:

    HistorianDude: Concerning that database of current or former Florida law enforcement personnel.

    My best friend at West Point was briefly a Tampa cop in the late 1980s, a job he did not find congenial to his personality. Like Gallups, he eventually felt “the call” and became years later the head pastor of a non-denominational Christian church in Minnesota where he preaches to this day. He was cop for less than one year.

    It took me six minutes to find his name in that database.

    I think this is a legitimate question. Was Gallups ever actually in law enforcement? The database DOES include correctional officers which is the closest thing to a detail that I have ever heard him mention. The only Gallups in the database is a “Jimmy D. Gallups” who retired with 30 years service from the Jacksonville Sheriff’s Department (not including an 8 year break in service) in 2005.

    Hmmmmm.

    Carl Gallup said he is graduate of FSU. Can you confirm that too?

  13. The European says:

    So, John / Jim, Sheriff Arpaio is above the law ?

  14. john says:

    The European:
    So, John / Jim, Sheriff Arpaiois above the law ?

    Not necessarily, but Sheriff Joe Arpaio is the sheriff of Maricopa County, AZ. In terms of juristication, powers, and authority, I would grant great deference to Arpaio’s authority in that. I would agree however, that outside his county, his possee has little or no powers

  15. Arpaio’s authority relies on state law.

    john: Not necessarily, but Sheriff Joe Arpaio is the sheriff of Maricopa County, AZ. In terms of juristication, powers, and authority, I would grant great deference to Arpaio’s authority in that. I would agree however, that outside his county, his possee has little or no powers

  16. CarlOrcas says:

    john:
    I guess it really is Joe Arpaio’s word and authority again AZPOST Director Mann’s word and Authority.Mann may be the director of the police in general by the MCSO is Joe Arpaio’s therefore he call the shots for his force.In other words, Arpaio’s Posse force has no police powers outside of the MCSO because they aren’t state certified but from within the MCSO juristiction, they have what powers and authority Sheriff Joe Arpaio wishes to grant them.

    Absolute, utter nonsense.

  17. CarlOrcas says:

    john: Not necessarily, but Sheriff Joe Arpaio is the sheriff of Maricopa County, AZ.In terms of juristication, powers, and authority, I would grant great deference to Arpaio’s authority in that.I would agree however, that outside his county, his possee has little or no powers

    Real police powers in Arizona are statewide, no matter the employing agency, john, so this one won’t fly either.

  18. CarlOrcas says:

    Dr. Conspiracy:
    Arpaio’s authority relies on state law.

    Here it is, in detail, for all to read from the law that established what is now AZPOST http://www.azsos.gov/public_services/title_13/13-04.htm

    Notice the italicized sections. No wiggle room. No posses. No certification, no police powers…period. No magic wand for the sheriff to make someone a peace officer.

    R13-4-103. Certification of Peace Officers

    A. Certified status mandatory. A person who is not certified by the Board or whose certified status is inactive shall not function as a peace officer or be assigned the duties of a peace officer by an agency, except as provided in subsection (B).

    B. Sheriffs are exempt from the requirement of certified status. (Note: Exempt because it is a constitutional office. Only the sheriff. Deputies have to be certified.)

    C. A person shall satisfy the minimum qualifications and training requirements to receive certified status.

    D. Peace officer categories. The categories for which certified status may be granted are:

    1. Full-authority peace officer,

    2. Specialty peace officer,

    3. Limited-authority peace officer, and

    4. Limited correctional peace officer.

    E. Application for certification. A person who seeks to be certified as a peace officer shall make application as follows:

    1. Submit to an agency an application that contains all documents required by R13-4-105, R13-4-106(A) and (B), and R13-4-107;

    2. Obtain an appointment from an agency; and

    3. Obtain either a certificate of graduation from a Board-prescribed Peace Officer Basic Course or a certificate of successful completion of the waiver of training process prescribed by R13-4-110(D).

    F. Establishment or enforcement of qualifications, standards, or training requirements. The Board may waive in whole or in part any provision of this Article upon a finding that the best interests of the law enforcement profession are served and the public welfare and safety is not jeopardized by the waiver. The Board may place restrictions or requirements on a peace officer as a condition of certified status.

    G. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

  19. faceman says:

    Sherriff Joe must abide by the laws and regulations of the State of Arizona, just like any other individual. If State Law says that only certified law enforcement officers are authorized to perform certain acts, then Joe can not, on his own, give non-certified individuals the authority to perform those acts.

  20. CarlOrcas says:

    john:
    It is possible Gallups may have changed his name.Gallups does sound like a personality name.

    Why don’t you ask him?

  21. john says:

    Sheriff Arpaio has the ability and authority to endow police powers and authority to any citizens within his county. It’s Common Law – http://en.wikipedia.org/wiki/Posse_comitatus_(common_law)

    Therefore Zullo’s powers and authority come from Sheriff Apraio not from state statute.

  22. CarlOrcas says:

    john: However, Zullo does not need to be certified because his authority has been granted by Sheriff Joe Arpaio himself.

    Can you provide a citation for that…..some section in Arizona law, preferably?

  23. Hektor says:

    John, assuming that Mr. Zullo has somehow for some reason for realz police powers, why doesn’t he use them? He’s adamant that a crime has taken place and that he has the authority and duty to investigate. Shouldn’t he arrest the President?

  24. Yoda says:

    john: Carl Gallup said he is graduate of FSU.Can you confirm that too?

    That cannot be confirmed and appears to be completely false. To be fair, I am not sure that Gallups has ever said he graduated from the school, rather, I have only heard him say that he attended. But he is not, repeated not, included as an FSU graduate in the FSU alumni database that appears on its website.

  25. john says:

    Yoda: That cannot be confirmed and appears to be completely false.To be fair, I am not sure that Gallups has ever said he graduated from the school, rather, I have only heard him say that he attended.But he is not, repeated not, included as an FSU graduate in the FSU alumni database that appears on its website.

    That could very well mean he changed his name. You have to know his previous name. People can legally change their names.

  26. Dave B. says:

    Not so, John. According to ARS 41-1823(B),

    “Except for agency heads duly elected as required by the constitution and persons given the authority of a peace officer pursuant to section 8-205, 11-572, 12-253, 13-916 or 22-131, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the board pursuant to section 41-1822, subsection A, paragraph 3.”

    http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01823.htm&Title=41&DocType=ARS

    Sec. 8-205 refers to juvenile court personnel.
    Sec. 11-572 reads,
    “Voluntary forest fire wardens and peace officers, including deputy game and fish wardens, may make arrests on warrants issued by a magistrate for violation of forest fire laws, or without warrant for violation thereof committed in their presence.”
    Sec. 12-253 and 13-916 refer to probation officers.
    Sec. 22-131 refers to constables.

    There’s no exception to certification for superduper imaginary Lt. investigators. Your goofy idea would exempt ALL sheriff’s deputies from certification.

    john:
    “As Posse members we were told that we could only act if given a command by a sworn MCSO Deputy Sheriff, who was a state certified law enforcement officer.”

    Hasn’t Brian Reilly just answered his own question.If I recall, Sheriff Joe Arpaio is a sworn MCSO officer – He’s the Chief.

    I think Zullo is trying to say his has law enforcement powers and authority are derived by the direct authority of Sheriff Joe Arpaio.That being the case, Zullo is exempt from the actual required training needed to be sworn police officer.

    So in answering the question –

    Has Michael P. Zullo EVER been AZ POST certified as a law enforcement officer?

    Yes, the answer is NO.This is true

    However, Zullo does not need to be certified because his authority has been granted by Sheriff Joe Arpaio himself.

  27. Thinker (mobile) says:

    Here’s what Carl said about his own law enforcement experience in an interview with Lamb and Lion Ministries in 2013:

    “Carl Gallups: Ok, well I appreciate it. I started young I was Florida’s first 18 year old correctional officer and that was with the Florida Department of Corrections, the state prison system. Two years later at the age of 20 I was Jefferson County Florida’s first 20 year old Deputy Sheriff. Now this was back in the days when everything used to be measured as an adult from 21 and over years ago. But they had just changed the law about the time I turned 18.

    Nathan Jones: You could arrest people, but you couldn’t drink.

    Carl Gallups: Well that’s right. You could go to war, but you couldn’t, yeah. So but they had changed the law and I was just turning 18 at the time and was very much fascinated by the law enforcement field and career. So anyway I applied, it’s a long story, but I became Florida’s first 18 year old correctional officer then Jefferson’s County first 20 year old deputy sheriff sworn, patrol officer.

    Nathan Jones: Oh, wow.

    Carl Gallups: And then I worked for them for several years, and I worked for Leon County which is the capital of Florida and worked for them. So I spent 10 years in law enforcement, six or seven years as a sworn officer as a criminal patrol officer, and then a few years doing some of my own criminal investigations.”

    I can’t link to the transcript because my phone automatically downloads it without ever showing the URL, but cutting and pasting a portion of the text I posted above into google will bring up the transcript.

  28. Dave B. says:

    No, it’s you and Arpaio against the LAW.

    john: I guess it really is Joe Arpaio’s word and authority again AZPOST Director Mann’s word and Authority.

  29. Arizona Statute 1-201 states:

    “The common law only so far as it is consistent with and adapted to the natural and physical conditions of this state and the necessities of the people thereof, and not repugnant to or inconsistent with the Constitution of the United States or the constitution or laws of this state, or established customs of the people of this state, is adopted and shall be the rule of decision in all courts of this state.”

    Note the phrase “not…inconsistent with the laws of this state.” As stated previously, the laws of Arizona are quite explicit about who has police powers. Sheriff Joe cannot make a law enforcement officer out of someone not AZPOST certified.

    john: Sheriff Arpaio has the ability and authority to endow police powers and authority to any citizens within his county. It’s Common Law – http://en.wikipedia.org/wiki/Posse_comitatus_(common_law)

  30. faceman says:

    Apparently, you missed class that day. Common law does not override statutory law. Since there is no statutory definition of NBC, we resort to common law to determine it’s meaning. But if there is actual statutory regulation, that prevails. Even Vattel said so. So when the State of Arizona enacts statutory regulations, as in requiring police to be certified, that overrides common law.

  31. Dr. Kenneth Noisewater says:

    john:
    It is possible Gallups may have changed his name.Gallups does sound like a personality name.

    Are you saying that no one really knows who Gallups is and he has multiple aliases?

  32. JRC says:

    Love the birthers with common law….use it when you need it…just like the other article….Hawaii was laxed yet very stricter in records.

  33. JRC says:

    Dr. Kenneth Noisewater: Are you saying that no one really knows who Gallups is and he has multiple aliases?

    Yep….that is what he is saying…..now in birther world if you are hiding your identity and you agree with them you are a patriot avoiding enslavement by the government, but if you are RC then you are evil.

  34. JRC says:

    John never missed a class…..he never attended one class, and probably never enrolled.

    faceman:
    Apparently, you missed class that day.Common law does not override statutory law.Since there is no statutory definition of NBC, we resort to common law to determine it’s meaning.But if there is actual statutory regulation, that prevails.Even Vattel said so.So when the State of Arizona enacts statutory regulations, as in requiring police to be certified, that overrides common law.

  35. Dave B. says:

    Is it possible, then, that he might have— gasp!– multiple social security numbers?
    AAAAAAARGH!

    Dr. Kenneth Noisewater: Are you saying that no one really knows who Gallups is and he has multiple aliases?

  36. wrecking ball says:

    john:
    It is possible Gallups may have changed his name.Gallups does sound like a personality name.

    i probably wouldn’t have picked a synonym for “runs away”.

  37. Rickey says:

    john: That could very well mean he changed his name.You have to know his previous name.People can legally change their names.

    “Carl” is his middle name. His full name is William Carl Gallups, Jr. His father is William Carl Gallups and his mother is Holly Gallups. Of course, it’s possible that they also changed their names, right?

  38. john says:

    Zullo does in fact have full law enforcement authority in Maricopa County, AZ. This has been delegated to him by Sheriff Arpaio. Zullo however is not sworn police officer as dictated by statute. Zullo’s powers are limited to Sheriff Arpaio’s juristicational barrier. http://www.sunlakesposse.org/about-the-posse/

  39. You can say that, but you’ve not provided any reason anyone should believe you. Read more carefully that link to the Sun Lakes Posse and see what they do. They don’t make traffic stops; they don’t arrest people. They do neighborhood watch and crowd control. They exercise no police power.

    And for Pete’s sake, learn how to spell “jurisdiction.”

    john: Zullo does in fact have full law enforcement authority in Maricopa County, AZ. This has been delegated to him by Sheriff Arpaio. Zullo however is not sworn police officer as dictated by statute. Zullo’s powers are limited to Sheriff Arpaio’s juristicational barrier. http://www.sunlakesposse.org/about-the-posse/

  40. Dave B. says:

    ARS 41-1823(B)

    “Except for agency heads duly elected as required by the constitution and persons given the authority of a peace officer pursuant to section 8-205, 11-572, 12-253, 13-916 or 22-131, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the board pursuant to section 41-1822, subsection A, paragraph 3.”
    You get that? “… no person may exercise the authority or perform the duties of a peace officer unless he is certified…”
    Zullo’s not a duly elected agency head, and he doesn’t fall under any of the other exceptions. Arpaio’s used to ignoring the law, but that doesn’t mean the law changes to suit his whims. Or YOURS.

    john:
    Zullo does in fact have full law enforcement authority in Maricopa County, AZ.This has been delegated to him by Sheriff Arpaio.Zullo however is not sworn police officer as dictated by statute.Zullo’s powers are limited to Sheriff Arpaio’s juristicational barrier.http://www.sunlakesposse.org/about-the-posse/

  41. CarlOrcas says:

    john:
    Zullo does in fact have full law enforcement authority in Maricopa County, AZ.This has been delegated to him by Sheriff Arpaio.Zullo however is not sworn police officer as dictated by statute.Zullo’s powers are limited to Sheriff Arpaio’s juristicational barrier.http://www.sunlakesposse.org/about-the-posse/

    Just for the sake of discussion, john, (because you’re dead wrong on this) let’s say Zullo does have police powers ONLY in Maricopa County what is he doing investigating crimes (if there were any) that didn’t happen in Maricopa County?

    What crime(s) do you think occurred within that jurisdiction that he can investigate?

  42. faceman says:

    John, Sheriff Joe cannot delegate to Zullo any authority that, by statute, Zullo is ineligible to have.

    Of course, Sheriff Joe might THINK that he can delegate authority to a person who is ineligible to have it, but then Sheriff Joe does a lot of things that he is not supposed to do. That’s why Sheriff Joe has cost the county millions of dollars from lawsuits.

    To see how silly your theory is, suppose Sheriff Joe authorized his deputies not to read suspects their MIranda rights when arresting them. Would that be okay? I mean, if that’s what sheriff Joe authorized?

  43. Keith says:

    john:
    I guess it really is Joe Arpaio’s word and authority again AZPOST Director Mann’s word and Authority.Mann may be the director of the police in general by the MCSO is Joe Arpaio’s therefore he call the shots for his force.In other words, Arpaio’s Posse force has no police powers outside of the MCSO because they aren’t state certified but from within the MCSO juristiction, they have what powers and authority Sheriff Joe Arpaio wishes to grant them.

    It is not a question of Arpaio’s word against Mann. To the extent that Arpaio misleads the public about Arizona Law, it is a question of Arpaio LYING about the requirements of that Arizona law. It is inconceivable that he does not know that law, therefore he is lying. Period.

    The power of a Posse member to act is completely limited to what an authorized Deputy tells him/her to do. For example, the Posse member can make an arrest, IF AND ONLY IF he/she is working under direct supervision of a Deputy who authorizes that Posse Member to make that arrest. Period.

    John, the MCSO is subject to Arizona law. Arizona law says that to be a Peace Officer you MUST be certified by AZPOST. Period. There is exactly one, and only one “yeah, but”: County Sheriff’s, as elected officials, are not required to be AZPOST certified. Sheriffs cannot authorize non-AZPOST certified persons to act as Peace Officers. Period.

    AZPOST is the only agency permitted to certify “Peace Officers” in the State of Arizona. According to Arizona Revise Statutes § 1-215 paragraph 27, the definition of a “Peace Officer” is:

    “Peace officers” means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board.

    As much as he thinks he does, Joe does not run a fiefdom where he can do WTF he likes. Posse members are NOT Peace Officers in the State of Arizona and cannot act as Peace Officers in the State of Arizona unless they are AZPOST certified no matter who thinks they can designate them as such. End of story.

    Furthermore, according to ARS 13-2411:

    A. A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts.

    B. It is not a defense to a prosecution under this section that the law enforcement agency the person pretended to represent did not in fact exist or that the law enforcement agency the person pretended to represent did not in fact possess the authority claimed for it.

    C. Impersonating a peace officer is a class 6 felony, except that impersonating a peace officer during the commission of any of the following felonies is a class 4 felony:
    (…list of 26 specific crimes…)

    D. For the purposes of this section, “peace officer” has the same meaning prescribed in section 1-215 and includes any federal law enforcement officer or agent who has the power to make arrests pursuant to federal law.

  44. Keith says:

    john:
    Sheriff Arpaio has the ability and authority to endow police powers and authority to any citizens within his county.It’s Common Law – http://en.wikipedia.org/wiki/Posse_comitatus_(common_law)

    Therefore Zullo’s powers and authority come from Sheriff Apraio not from state statute.

    Posse Comitatus refers to using the Federal Military for civilian law enforcement duties. It has absolutely nothing to do with a Sheriff’s Posse.

    Common Law only has effect where there is not an overriding Statutory Law. Any Common Law rules about the role of Posse’s have been rendered obsolete by Arizona law and County Statutes.

  45. Arthur says:

    It appears that Gallups is such an odious, self-serving talkaholic that he’s done the impossible and earned the scorn of birdboy, who writes, “In my opinion a whole year was lost dealing with Gallups and Congress and for that Zullo deserves some blame.”

    Of course, birdie doesn’t have the integrity to acknowledge that he was a fanatical cheerleader for the Zullo/Gallups grift since last November.

  46. I was looking for some old clips from Gallups show yesterday from June 28,2013. That was the show where Stockman was supposed to be the guest. Stockman’s press secretary emailed Gallups and said flight schedules had changed and he could not be on the show. Gallups booked Zullo instead on that segment. It turns out Stockman tried to call in from the airport and could not get through to the show. Gallups claimed on PPSimmons that it was because the lines were jammed:

    Congressman Stockman Couldn’t get through to FREEDOM FRIDAY! Lines JAMMED with callers! Congressman Steve Stockman was booked as a guest for the show today – but his flight change caused him to have to drop out and re-book for the show. Lt. Mike Zullo came on in the Congressman’s absence. In the meantime – the Congressman got stuck at the airport and while Carl was live on the air with Zullo – Carl’s email box blew up with emails from several of Stockman’s staff members. Congressman Stockman was listening to the show and wanted on. But – alas, he couldn’t get on the show because the lines were jammed with callers! Thank YOU for making Freedom Friday so popular. We had callers from California to New York today. We even had one listener in Thailand who emailed the show afterwards. Congressman Steve Stockman will be re-booked for an upcoming show.

    I read the article and Gallups reproduces an email from Donny Ferguson (Congressman Stockman’s Press Secretary) in which he said:

    From: Ferguson, Donny (Congressman Stockman’s Press Secretary)
    Date: June 28, 2013, 3:58:56 PM MST
    To: Carl Gallups
    Cc: Michael Zullo
    Subject: RE: Steve Stockman interview

    We’re trying to call in at 850-632-1330. Can’t seem to get through!

    I turns out the problem was not jammed phone lines. The problem was Stockman had the wrong phone number. WEBY’s call in number is 850-623-1330. See the difference?

    As it turned out despite assurances from Gallups that Steve Stockman was “on board” he never came on the show.

  47. Bonsall Obot says:

    If I were Press Flunky Donny and I’d been advised just whom I was dealing with, I’d have transposed a couple digits myself. Highly convenient, that.

  48. Curious George says:

    Pastor Gallups…..Are you going to “tell the world”? We’re waiting.

  49. y_p_w says:

    CarlOrcas:B. Sheriffs are exempt from the requirement of certified status. (Note: Exempt because it is a constitutional office. Only the sheriff. Deputies have to be certified.)

    Different than California. That was changed a few decades ago such that a county sheriff in California must have POST certification. There was some controversy over the Sheriff-elect of San Francisco back when he had a domestic violence allegation against him. He pled down to a misdemeanor violation so that he wouldn’t lose his right to carry a firearm, which would have been required for the position. He had received his POST training as an investigator in the SF DA’s office and apparently kept the status active even as a San Francisco Supervisor.

  50. Curious George says:

    John…..

    Ask any real MCSO Deputy Sheriff, that patrols Maricopa County, makes arrests under their authority as a peace officer, as granted by the state of Arizona, whether, he or she is an AZPOST certified law enforcement officer. The answer will be “Yes, I have mandatory AZPOST certification to be a Peace Officer.”

    Now, ask any Maricopa County Sheriff’s volunteer Posse member if they are AZPOST certified. Their honest reply will be an emphatic “No, I’m not a real cop!”

    But John, you already knew that.

  51. gorefan says:

    Here is a minor issue

    Brian Reilly said he took a trip to Mercer Island in Washington state with Mike Zullo and he said,

    “Another memorable event happened in April of 2012 while we were in Stanley Ann Dunham’s neighborhood on Mercer Island in the state of Washington. Denise and I remember this vividly. I accompanied Zullo as a private citizen to back him up. ( I still had a valid Washington permit to carry. Zullo couldn’t legally carry concealed in Washington. Remember, he’s not a real cop. ) We were in Washington to follow up on some leads. We were sitting in the black GMC rental vehicle when Zullo suddenly told us that we needed to turn off our cell-phones and put them in the vehicle glove box.”

    http://www.obamaconspiracy.org/2014/03/banned-birther-breaks-br-censorship-barrier/

    From the Friday Carl Gallups show:

    @10:37

    “Mr. Reilly did accompany me on a couple trips I had to make out of state where I elected to drive rather fly for TSA reasons. And he did accompany me though but those were innocuous.”

    https://www.youtube.com/watch?v=B8kRGg6sPDk

    So they drove from Arizona to Washington in a rental car? Or did they fly to Washington and rent a car?

    Maybe Mr. Reilly could clear that up.

  52. Dave B. says:

    It finally occurred to me where John’s information is coming from– it’s Jay Santos of the Citizens Auxiliary Police!

    john:
    Sheriff Arpaio has the ability and authority to endow police powers and authority to any citizens within his county.It’s Common Law – http://en.wikipedia.org/wiki/Posse_comitatus_(common_law)

    Therefore Zullo’s powers and authority come from Sheriff Apraio not from state statute.

  53. Bonsall Obot says:

    Dave B.:
    It finally occurred to me where John’s information is coming from– it’s Jay Santos of the Citizens Auxiliary Police!

    Heard Jay get into an argument with Dave Oliva last week. It was pretty epic.

  54. Dave B. says:

    Now just imagine Jay in the middle of that on-air birther wrestlemania. I’d pay to hear that.

    Bonsall Obot: Heard Jay get into an argument with Dave Oliva last week. It was pretty epic.

  55. Bonsall Obot says:

    Well, Jay’s a Brigadier General, so I’m pretty sure he could mop the floor with these mooks.

  56. Bonsall Obot says:

    Correction: sometimes he’s a Brigadier Admiral. But it’s always About Saving Lives.

  57. Curious George says:

    John, bottom line, Zullo is not an Arizona Peace Officer.

    And Randy Foreman, Zullo’s not an “Arizona Lawman” according to AZ POST. Birther reporting is either pathetically incompetent or intentionally deceptive.

  58. Dave B. says:

    It can certainly be both. It need not be the least bit competent to be effective on those so submissive and supinely receptive to deception.

    Curious George: Birther reporting is either pathetically incompetent or intentionally deceptive.

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