The arrest of Arizona Sen. Otoniel “Tony” Navarrete (D-LD30) on multiple charges of sexual misconduct with minors has led to demands for his resignation, and many of those making the statements are including information about hotlines for victims of abuse.
Navarrete was taken into custody Thursday on seven felonies involving sexual misconduct with two boys, ages 16 and 13. An initial court appearance was held by video feed in a Maricopa County courtroom Friday at which time a judge set Navarette’s bail at $50,000.
According to court records, the older boy reported multiple incidents of abuse to the Phoenix Police Department on Wednesday. The next day a detective recorded a confrontation call between the boy and Navarrete before making the arrest.
A confrontation call is a common practice used by detectives in sexual abuse cases, particularly with children who cannot confront a suspect in person. The victim is told by a detective what types of things to say and ask in an attempt to obtain incriminating evidence against a suspect to use at trial.
A number of pretrial release conditions were also ordered in Navarrete’s case, including a no-contact order with the two victims as well as all other minors. He must also consent to electronic monitoring if he posts bail.
If convicted of all charges, Navarrete faces a mandatory prison sentence of nearly 50 years.
After the hearing, several public officials called on Navarrete to resign.
“Sen. Navarrete should resign immediately,” Gov. Doug Ducey’s statement read. “These allegations are abhorrent. My prayers are with the young victims and their loved ones during this traumatic time”
The governor’s statement was followed by Senate President Karen Fann.
“These are serious and alarming charges that require Senator Navarrete to step down immediately,” Fann stated Friday afternoon.
Raquel Teran, a state lawmaker and chair of the Arizona Democratic Party also joined the calls for Navarrete’s resignation.
“Like many in our community, I am grieving as more details come out about the charges against my Senate seatmate,” Teran tweeted. “I am calling on Senator Otoniel ‘Tony’ Navarrete to resign immediately. We are elected to protect the most vulnerable, and that begins with our children.
Other Democrats who called for Navarrete to step down Friday are Arizona Secretary of State Katie Hobbs and Kathy Hoffman, Arizona’s Superintendent of Public Instruction.
Also garnering attention after Thursday’s arrest is a tweet Navarrete made Wednesday morning complimenting US. Senator Mark Kelly, who was critical of Brett Kavanaugh’s nomination for the U.S. Supreme Court in 2018. Kelly called Kavanaugh “a dangerous choice” for the bench.
Blake Masters, who hopes to be Kelly’s opponent in the 2022 General Election, called out the senator for his silence on Navarrete’s arrest.
Navarrete, who is a member of the Arizona Legislature’s LGBT caucus, was elected to the State House of Representatives for LD30 in 2016. Then in 2018, he was elected to the State Senate, where he was assigned to the Senate’s appropriations, commerce, and health & human services committees during the last legislative session.
His official Senate biography lists his regular job as Deputy Director for Promise Arizona, a nonprofit community-based organization located in Phoenix. As Deputy Director, Navarrete worked to promote policies which “strengthen families and increase civic participation,” the biography reads.
Two judges, one from Maricopa County and the other an Associate Justice of the Arizona Supreme Court, agreed Friday that the Senate Audit of Maricopa County’s 2020 General Election can move ahead for now. Both judges also ordered the parties to submit several court filings in the coming days.
Several hundred of the nearly 2.1 million ballots cast by Maricopa County voters were audited Friday and Saturday. The volunteer counters are looking only at the race for U.S. President and the contest between Mark Kelly and then-Sen. Martha McSally.
For a short time Friday it looked like no audit activities would take place after Judge Christopher Coury of the Maricopa Superior Court agreed to issue a stay requested by the Arizona Democratic Party and Steve Gallardo, the only Democrat on Maricopa County’s five-member Board of Supervisors.
But the stay order was contingent on the plaintiffs posting a $1 million bond in the event they lost their case. AZ Dems chair Raquel Teran announced Friday afternoon that no bond would be posted, meaning the audit can continue unimpeded, for now.
Two other orders issued by Coury are currently in force: that the Senate and its contracted audit team comply with state law and that no blue or black pens can be on the floor of the Veterans Memorial Coliseum where the audit is being conducted.
Coury will be a key player in the audit this coming week, as he ordered the parties back to court Monday morning for an evidentiary hearing on the merits of the lawsuit. The judge set several deadlines for the attorneys, including an order for the audit’s written policies and procedures to be filed by the Senate and general contractor Cyber Ninjas on Sunday.
Teran and Gallardo -who says he joined the lawsuit in his personal capacity as a Maricopa County voter- must decide how far they want to push their allegations about the audit operations, given the fact Senate President Karen Fann and the other defendants have petitioned to the Arizona Supreme Court, which has also ordered a series of legal briefings in the case.
Fann and Sen. Warren Petersen of the Senate Judiciary Committee are named as defendants along with former Arizona Secretary of State Ken Bennett who is serving as the Senate’s audit liaison. The other defendant is Cyber Ninjas, the company Fann contracted with to conduct the audit with help from three subcontractor.
The Senate defendants are represented by Kory Langhofer and Thomas Bastille, who have been involved in several of the election-related lawsuits filed since Nov. 3. Florida-based Cyber Ninjas and its owner Doug Logan have retained Phoenix attorney Alex Kolodin as their Arizona legal counsel.
Another key player is Associate Justice Clink Bolick of the Arizona Supreme Court, who affirmed Coury’s earlier orders during an emergency conference Friday afternoon. Bolick set separate deadlines for the Senate’s challenge to the legality of the lawsuit, with all those filings needing to be in by the end of business April 29.
Participating in the emergency conference with the justice was attorneys for Arizona Secretary of State Katie Hobbs, who has pushed back on Fann’s previous assurances that the Senate’s audit would be “independent” and “transparent.”
Hobbs has pointed to Rep. Mark Finchem’s admitted role with the audit in light of his repeated insistence that President Joe Biden really did not win the popular vote in Arizona, and thus was not entitled to the state’s electoral votes. She also wrote to Attorney General Mark Brnovich with concerns that auditors may not be complying with Arizona’s Elections Procedures Manual (EPM).
For his part, Brnovich was the first prominent Republican to insist after the general election that there was no fraud involved in Biden’s victory. He replied to Hobbs on Friday, suggesting she notify his office when she has “credible facts and not conjecture or politics” for him to investigate.
Another player who could impact next week’s audit operations is First Amendment attorney David Bodney, who warned Fann and Bennett that the audit team’s current refusal to allow journalists to report on audit activities from the main floor of the Veterans Memorial Coliseum.
Bennett, as the audit liaison, is requiring media representatives to sign up for a six-hour shift as an observer. However, observers are prohibited from having cellphones or even pen and paper on the floor.
“Requiring journalists to become active participants in the events on which they seek to report is as unprecedented as it is untenable in a representative democracy,” Bodney wrote. “It also violates the First Amendment, which compels that members of the press be allowed access to report on these public proceedings. “
Bodney also warned that legal action could be forthcoming.
“By making the proceedings accessible to some journalists, you cannot arbitrarily deny access to others or require that others satisfy peculiar conditions not imposed upon those whom you favor,” he wrote. “In the event the audit proceeds while barring the press, we are committed to pursuing all legal remedies we deem appropriate to secure our clients’ rights under the First Amendment,” Bodney said
At a time when more Arizonans are trading stocks online and are choosing to protect big-ticket purchases with service contracts and extended warranties, several Democrats want to amend the state law that keeps those sales from being calculated into a retailer’s gross income tax basis.
Rep. Pamela Powers Hannley (D-LD9) and five co-sponsors have introduced HB2245 which deals with Arizona Revised Statute 42-5061A, the classifications of retail sales of tangible personal property. The tax base for such classifications is the gross proceeds of sales or gross income, but state law currently includes 57 exempted retail categories.
One of those exemptions is the retail sale of warranty and service contracts. Another is the retail sale of stocks and bonds.
There is no requirement for retailers to pass along their higher costs if the bill passes, but the current economic reality is that the majority of businesses will not be able to absorb the increased tax base. The result, economists say, will be higher costs to customers.
HB2245’s likely higher costs for online retail traders in Arizona comes as companies like Charles Schwab and E*Trade experienced record-high retail business in 2020. The average daily volume of the largest e-brokers in December 2020 was 6.6 million shares and jumped to 8.1 million shares in January, CNBC reported.
“This influx has been driven by millions of Americans with more time on their hands, and in some cases out of work, due to the impact of the coronavirus pandemic,” according to a 2020 report by Jeremy Moses, Lead Industry Research Analyst for ISISWorld.
Moses noted that the pandemic accelerated “the rise of individual day traders participating in the market” in part driven by the popularity of app-based brokerages, particularly those offering commission-free trades.
The co-sponsors of the legislation are Reps. Richard Andrade, Charlene Fernandez, Stephanie Stahl Hamilton, Athena Salman, Raquel Teran. HB2245 has been assigned by House Speaker to the Committee on Ways & Means, but the committee has not yet taken up the legislation.
The other 55 exemption categories to the retail classification tax base will remain unaffected by HB2245. Some of those categories include livestock and poultry for ranching, lottery tickets, prescriptions, natural gas used to propel a motor vehicle, food service items sold to a commercial airline, and sales of fine art shipped by a gallery to an out of state buyer.
