by Matthew Holloway | Dec 1, 2024 | News
By Matthew Holloway |
Attorney General Kris Mayes has said that the State of Arizona is prepared to act upon its first execution warrant after fellow Democrat Gov. Katie Hobbs dismissed a retired federal magistrate she appointed to review the state’s execution process in 2023.
Former Magistrate David Duncan reportedly never finished his work before his dismissal according to the Arizona Daily Star. Despite his authorization to charge $175 per hour up to $100,000 to conduct a full review of Arizona’s fraught execution process, Duncan was notified in a letter obtained by Capitol Media Services that Hobbs no longer has confidence in him.
According to the Daily Star, Hobbs said in the letter that Duncan’s review has strayed beyond his mandate, which was explicitly to review the protocols and procedures used by the AZ Department of Corrections, Rehabilitation and Reentry (ADCRR) to judicially mete out death.
Gov. Hobbs observed in one report that Duncan suggested the ADCRR should weigh the implementation of the firing squad, explaining that it “does overcome the impediments to lethal injection from unavailability of material and skilled personnel.” Though firing squad is not currently available under Arizona law, it is far from unprecedented with Idaho, Mississippi, Oklahoma, South Carolina, and Utah still offering the option as of 2024. Duncan’s inquest was terminated and he stands to be paid just $36,000.
Hobbs noted further that Ryan Thornell, whom she tapped for director of the corrections department, also completed his own review of the execution protocols and, per Capitol Media Services, made a series of recommendations including revised training standards and enhanced documentation.
Thornell told reporters that the greatest issues facing the department have been staff who’ve proven unable to place an intravenous line into the condemned to deliver the lethal injection, leading to “executions lasting longer than expected.” He further noted that some executions have depended on a procedure that was “extensive and intrusive.”
He reported that a medical team has been sourced, which includes a trained phlebotomist “providing a level of expertise to the team related to IV placement procedures.’’ He added that decision making in executions has been “inconsistent” and said, “I will not make decisions without the advice of the trained and qualified medical/IV team.”
Hobbs claimed, “With these changes in place, ADCRR is prepared to conduct an execution that complies with the legal requirements if an execution warrant is issued.”
Capitol Media Services reported via X that the first execution warrant should be sought by AG Mayes within two weeks.
That warrant will be sought to execute Aaron Gunches, a man who pleaded guilty to the first-degree murder and kidnapping of his girlfriend’s ex-husband Ted Price in 2002. In 2022, after nearly two decades on death row, Gunches waived his right to post-conviction appeal and motioned for his own execution, a motion he later withdrew in 2023 upon Hobbs taking office. The Arizona Supreme Court has refused to reconsider the motion, however, the warrant expired before it could be acted upon. Mayes must now seek a new death warrant.
“Given the review that has now been completed by the Department of Corrections, I feel confident that the state is prepared to conduct an execution,’’ the Attorney General told Capitol Media Services. “And so I will be issuing a request for an execution warrant to the Supreme Court in the next two weeks.’’ AG Mayes told reporters that there are some 111 inmates currently housed on death row in Arizona, awaiting execution and among them 25 have exhausted all possible appeals.
“There are 25 families out there who have an expectation that the killer of their loved ones will be executed,’’ Mayes told Capitol Media. She also added that the disparity between counties that can afford to implement the expensive procedures of the death penalty as opposed to those that cannot as easily is “something I think the Legislature needs to address.’’
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Nov 30, 2024 | Economy, News
By Matthew Holloway |
The National Retail Federation (NRF) and Prosper Insights & Analytics have released a new survey indicating the hottest selling toys and gifts for the holiday season.
In a press release, NRF Vice President of Industry and Consumer Insights Katherine Cullen introduced the survey saying, “The holiday season is in full swing and while many consumers have made progress on their shopping lists, most shoppers will make the majority of their purchases over the coming weeks. Whether shoppers are looking to spread out their purchases or seeking the best deals, retailers are ready to help consumers with all their shopping needs this holiday.”
According to the survey, the NRF forecasts that 2024 holiday spending will increase by approximately 2.5-3.5% and total between $979.5 billion and $989 billion.
In the category of toys, the survey found real-world toys like Legos, Hot Wheels, and other toy cars reigning supreme over video games and video game consoles for boys. For girls, it found Barbie and other dolls standing tall with Legos, followed by cosmetics and beauty products.
For adults, the survey found that the top five gift-giving categories will be clothing (54%), gift cards (44%), toys (36%), books, video games, movies, series and other media (31%), as well as food and candy (30%).
For gift cards, the most popular are those for restaurants at 30%, department stores at 25%, bank-issued gift cards at 25%, and coffee shop gift cards at 22%.
Prosper Insights & Analytics Executive Vice President of Strategy Phil Rist explained that most shoppers will find their gift inspirations online. He said, “Younger shoppers continue to embrace social media for gift ideas, with those between the ages of 18-24 more likely to find inspiration through platforms such as TikTok (28%) and Instagram (27%). These shoppers are also more likely than any other age group to purchase jewelry, with 30% planning to gift these items.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Nov 29, 2024 | Education, News
By Matthew Holloway |
The Goldwater Institute released a report on Tuesday detailing the shocking expenditures of the Tolleson Union High School District (TUHSD). According to the report, the district has blown a total of $76,969 “on what amounted to luxury vacations for school board members and administrators,” per public records obtained by Goldwater.
In the space of two days, the board reportedly shelled out $42,000 in hotel costs, $22,000 of which was for the catering. And this was all for just thirty people. The math works out to a brutal $700 per person, per day.
Christopher Thomas, Goldwater’s director of legal strategy for education policy, told AZFamily, “Those are monies that could have been spent on teacher salaries and educational programs for students.”
According to Goldwater, despite the public access requirements of the state of Arizona’s Open Meetings Law, these “Board and Administrator Retreats,” which act as long-form working meetings, are essentially hidden from the taxpayer. Furthermore, Goldwater reported that, “As a result of the noted board member absences, many of the meetings held during the $42,000 retreat in 2024 lacked even a board quorum (a majority of the five-member board), meaning that under the law, these were not lawful meetings of the board at all.”
Thomas explained that the retreats, “lacked transparency that’s required by the Open Meeting Law.”
Matters of great public interest were reportedly decided at these retreats, including strategies for improving student participation and graduation rates, student attendance rates and test scores, and budget priorities and academic goals, all away from public and parental oversight.
The costs revealed did not include transportation or the hourly pay of those involved, as many of them were effectively “clocked-in” during these “retreats.”
TUHSD reportedly indulged board members and administrators at two four star resorts in 2023 and 2024: the JW Marriott Starr Pass in Tucson and the Hilton Sedona Resort at Bell Rock. Notably, Goldwater observed that although records pertaining to these expenses were requested in July, they weren’t released until the middle of November… after new bond and a budget overrides were approved by Tolleson Union voters and a member of the governing board was safely re-elected.
At the JW Marriott Starr Pass in Tucson for the board’s two-day 2023 Board/Administrator Retreat, TUHSD reportedly paid $33,969 to the resort, which included $22,061 on catering. In 2024, the three day retreat at Hilton Sedona Resort at Bell Rock ran up a tab of $42,154 for 36 people.
“The leaders in this school district do not fundamentally understand that they are working with public dollars, and that every one of those public dollars has got to be spent in a way that gives the maximum benefit to the taxpayer and accomplishes their educational mission,” Thomas said.
Comparatively, as Goldwater Institute and AZ Free News previously reported, the Creighton Elementary School District’s Governing Board and Administrative Team attended a three-day, $4,000-per-person “diversity, equity, and inclusion” (DEI) conference at a Napa Valley wine country resort in July, which also drew heavy criticism of district leaders.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Nov 27, 2024 | News
By Matthew Holloway |
Former Santa Cruz County Treasurer, Democrat Elizabeth Gutfahr, pleaded guilty last week to charges that she embezzled and laundered approximately $38 million from Arizona taxpayers. Gutfahr, who served as County Treasurer from 2012 to 2024, also failed to pay income tax on over $13 million while serving in a position of public trust.
According to a press release from the Department of Justice (DOJ), Gutfahr embezzled and laundered the money while in office through a scheme of wiring funds form Santa Cruz County’s account directly to the accounts of various ‘shell companies.’ She had created the companies explicitly for the purposes of defrauding the county and ultimately transferring those funds to her personal bank account.
To say that Gutfahr’s use of the funds was blatant and extravagant may be an understatement. According to the DOJ she used the taxpayers’ millions to purchase real estate, renovate her family’s ranch, pay her company’s operating expenses, and buy at least twenty vehicles.
Court documents reveal that Gutfahr accomplished this feat through an astonishing series of about 187 wire transfers she “completed by subverting the two-step approval process for the wire transfers by using the token of a subordinate Santa Cruz County employee.” This method allowed her to both create and approve the transfers. The prosecution also revealed that to cover her tracks, “Gutfahr falsified accounting records, cash reconciliation records, and reports of the County’s investment accounts to conceal the millions of dollars that she had stolen from Santa Cruz County.”
The head of the DOJ’s Criminal Division, Principal Deputy Assistant Attorney General Nicole M. Argentieri, said in a statement, “Elizabeth Gutfahr stole $38 million from the people of Santa Cruz County, Arizona, during the 12 years she served as their County Treasurer. We expect public officials to serve as stewards of the government fisc — not to loot it. Today’s plea demonstrates yet again that the Justice Department remains committed to rooting out public corruption at all levels of government.”
“I wire transferred the Santa Cruz County funds from the County’s Savings Account and Checking Account for the purpose and as an essential part of carrying out the scheme to defraud to fraudulently obtain the funds for my personal use, all without authorization,” Gutfahr said, according to court documents cited by CNN. “I agree I owe restitution in the amount of $38,712,100.00.”
“These account names were materially false and fraudulent representations to intentionally conceal the fact that I was wire transferring Santa Cruz County funds to my Wells Fargo and BMO Accounts to embezzle the County’s funds,” Gutfahr stated per the terms of her plea agreement.
In a statement to KGUN9, Gutfahr’s attorney wrote, “Liz Gutfahr wants to take responsibility for the harm she has caused to Santa Cruz County. She knows that by pleading guilty, and accepting the punishment she will face as a result, she is taking a step in the right direction to be accountable for her actions. Today was just a step, albeit a major one, along the road to redemption, and she will work to remain on that path for the rest of her life.”
The disgraced Democrat pleaded guilty to one count of embezzlement by a public official, one count of money laundering, and one count of tax evasion. Her sentencing has been scheduled for Feb. 6, 2025, and she could face up to ten years in prison for embezzlement, 20 years for money laundering, and another five for tax evasion. All told, she could face 35 years in prison. Gutfahr will also be required to pay restitution to the county as well as tax penalties. However, as reported by KGUN, a court-appointed receiver working to sell off real estate and property reported the courts may only be able to recover about one-third of the loss. She has also been sued in civil court by Santa Cruz County in an attempt by the county to recover the funds.
Gutfahr was released on her own recognizance pending sentencing but is prohibited from leaving the state of Arizona without prior clearance from the court.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Nov 26, 2024 | News
By Matthew Holloway |
With Democrat Commissioner Anna Tovar absent, the Arizona Corporation Commission (ACC) voted 4-0 vote on Friday to direct its Office of General Counsel to launch an investigation into alleged legal and ethical violations by Tovar.
The vote was conducted during a Staff Open Meeting and addressed specific allegations of ACC Code of Ethics and Arizona Administrative Code violations.
At the start of the meeting, Chairman Jim O’Connor said he couldn’t “help but share that I’m disappointed in Commissioner Tovar,” for not “hav(ing) the courtesy to show up,” after she reportedly indicated she would do so. “It’s very, very disappointing,” he added.
The Commission then entered into Executive Session for approximately thirty minutes before returning to the public-facing meeting.
Upon returning to the public meeting O’Connor announced, “It is with a deeply troubled heart that I will now make a motion to authorize our Office of General Counsel to undertake an official inquiry to determine whether Commissioner Tovar and her office staff have violated our code of ethics as amended to include the code of conduct, the Arizona State statutes, and the Arizona Administrative Code regarding: interference in and disclosure of confidential personnel-related information and whether she or her staff have harassed public servants of the State of Arizona employed here at the commission.”
He then directed General Counsel Tom Van Flein: “With respect to two things: that that would go back to include, the examination, all the way back to last year with respect to J.P. Martin in terms of potential harassment there, to investigate that. To do that expeditiously and return to the commission in ten days with a recommendation.”
According to Juan ‘JP’ Martin’s LinkedIn profile, he served as Legislative Liaison & Public Information Officer to the ACC from January to December 2023 before leaving the commission to become Deputy Communications Director to Arizona Secretary of State Adrian Fontes.
Van Flein said in a statement that the ACC Office of General Counsel will begin the investigation immediately and complete the inquiry on behalf of the Commission within ten days. This would put completion of the probe on or about December 2nd or 3rd.
Tovar, formerly an Arizona State Senator and Senate Minority Leader, announced in February that she would not seek reelection. She is due to step down from the Commission in January 2025.
Announcing her decision in a post to X at the time, Tovar wrote, “The current Corporation Commission needs a shake-up to gain renewed focus on actually serving the people of our State and that’s why I will not be seeking a second term on the Commission. I look forward to doing all I can to support candidates who will bring new voices and perspectives to this vital work.”
Tovar is the only Democrat presently serving on the commission. Along with current Chairman Jim O’Connor, she will be replaced by newly elected Republican commissioners Rene Lopez and Rachel Walden in January.
Before serving on the commission and in the Senate, Tovar served as a member of the Arizona House and Mayor of Tolleson after working as an educator.
AZ Free News reached out to Commissioner Tovar requesting comment, however, she did not reply by the time of publishing this article.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
