The hearing at which judge G. Murray Snow will hear final arguments on the possible criminal referral of birther1 Sheriff Joe Arpaio et al. is scheduled for next Tuesday, May 31, and no delays are visible on the horizon.
While birthers seem to think that the process is driven by some personal vendetta on the part of Judge Snow, it is actually plaintiffs harmed by Arpaio’s illegal actions who are pressing the matter. Most recently attorneys for the ACLU filed papers with the court urging a criminal referral of Sheriff Arpaio and Chief Deputy Sheridan with $300,000 in fines. Specifically plaintiffs are requesting remedies in the form of:
- Enlarging the monitor’s authority to enforce the Court’s orders
- Enlarging the monitor’s authority in internal affairs and discipline matters
- Reforms to MCSO’s internal affaires and discipline policies and practices
- Modification to the Supplemental Permanent injunction to address defendant’s pattern of noncompliance.
- Compensation for victims of Defendants’ violations of the preliminary injunction
- Attorneys’ fees and costs
- Criminal referral, as civil remedies are inadequate. Criminal contempt, perjury, obstruction of justice and making false statements to the Court-appointed Monitor.
Here’s what’s been filed:
- 5-27-16 1684.0 – Melendres v Arpaio – PLAINTIFFS’ MEMORANDUM ON REMEDIES FOR CIVIL CONTEMPT
- 5-27-16 1684.1– Melendres v Arpaio – PLAINTIFFS’ Exhibits – These include judicial decisions in similar cases, and a draft methodology for compensating victims.
- 5-27-16 1685.0 – Melendres v Arpaio – UNITED STATES’ MEMORANDUM IN RESPONSE TO FINDINGS OF FACT
- 5-27-16 1686.0 – Melendres v Arpaio – CHIEF BRIAN SANDS’ MEMORANDUM RE REMEDIAL PHASE – Sands says that he has been left out of negotiations between other parties regarding compensation, and that he needs more time to meet with the other parties
- 5-27-16 1686.1 – Melendres v Arpaio – SANDS’ EXHIBITS
- 5-27-16 1687.0 – Melendres v Arpaio – DEFENDANTS ARPAIO, SHERIDAN & SOUSA RESPONSIVE MEMORANDUM TO COURT’S FINDINGS OF FACT – Defendants offer several remedies including donating $100,000 to a “civil rights organization” rather than to the specific victims of illegal detention as requested by the Government. The document refers to ongoing negotiations among the parties.
- 5-27-16 1687.1 – Melendres v Arpaio – ARPAIO, SHERIDAN & SOUSA EXHIBITS – Draft compensation methodology, as seen in earlier exhibits.
- 5-27-16 1688.0 – Melendres v Arpaio – DEFENDANT MARICOPA COUNTY’S MEMO IN RESPONSE TO COURT’S ORDER OF 5-13-16 – DOC 1677 – We can’t be asked to fund remedies related to willful or contemptuous conduct by others.
- 5-27-16 1688.1 – Melendres v Arpaio – DEFENDANT MARICOPA COUNTY’S EXHIBITS – Another copy of the draft compensation plan
One issue that will have to be resolved is whether any of the misconduct detailed in these documents is outside of the scope of the original injunction, and therefore not redressable in this case. The deficiencies of internal affairs investigations comes to mind.
1The descriptive term “birther” is included here not to prejudice the reader against Arpaio, but to explain the relevance of this article to the topic of Obama Conspiracy Theories. It fits under the general category, “Birthers Behaving Badly.”