Maricopa County Attorney Rachel Mitchell is attempting to bring justice for an Arizona victim but is meeting resistance from the state’s attorney general.
Earlier this month, the Maricopa County Attorney’s Office announced that it had “filed a motion with the Arizona Supreme Court in a move to ultimately seek a warrant of execution for Aaron Brian Gunches.”
— Maricopa County Attorney's Office (@marcoattorney) June 5, 2024
Gunches has been sentenced to death twice over the murder of the ex-husband of his girlfriend in 2002.
“For nearly two years, we’ve seen delay after delay from the governor and the attorney general,” said Maricopa County Attorney Rachel Mitchell. “The commissioner’s report was expected at the end of 2023, but it never arrived. In a letter received by my office three weeks ago, I’m now told the report might be complete in early 2025. For almost 22 years, Ted Price’s family has been waiting for justice and closure. They’re not willing to wait any longer and neither am I.”
Attorney General Mayes pushed back against Mitchell’s legal effort, writing, “Only the Attorney General is authorized to seek warrants of execution. Despite what rogue Maricopa County Attorney Rachel Mitchell may believe, there is only one Attorney General at a time – and the voters decided who that was 18 months ago. Just three weeks ago, I notified County Attorney Mitchell about my plans for seeking warrants of execution a little over six months from now after the completion of the independent death penalty review. But apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law.”
Mayes added, “Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career. My office will next move to strike this motion and prevent County Attorney Mitchell from continuing her unauthorized actions related to the death penalty.”
Mitchell disagreed with Mayes’ assessment of her legal limitations in this matter. She said, “I believe that as an attorney who acts on behalf of the state, I also can appropriately ask the Supreme Court for a death warrant. The victims have asserted their rights to finality and seek this office’s assistance in protecting their constitutional rights to a prompt and final conclusion to this case.”
The saga over Gunches execution started in late-2022, when former Arizona Attorney General Mark Brnovich asked the Arizona Supreme Court for a warrant of execution. After the January 2, 2023, transition of power to Katie Hobbs and new Attorney General Kris Mayes, the state desperately attempted to reverse the actions that set Gunches’ execution process into motion. These efforts proved to be unsuccessful, however, when the high court did, in fact, grant the warrant of execution, ordering the state to put Gunches to death on April 6, 2023. The governor refused to comply with the court-issued warrant, stating that the State would not be seeking to carry out the execution at this time. Hobbs’ decision triggered court filings from Maricopa County Attorney Rachel Mitchell and Republican leaders in the Arizona Legislature.
The Arizona Supreme Court declined to force the State of Arizona to carry out the issued warrant for Gunches but would not withdraw it either. The warrant expired last year, leading to County Attorney Mitchell’s attempt to seek this action before the state’s high court.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Government officials across different jurisdictions are attempting to lay claim to the investigation of the Arizona Governor’s Office over a recent media report that the Hobbs administration may have engaged in an improper, or unethical, or unlawful relationship with an organization receiving taxpayer dollars.
Last week, after her Criminal Division head confirmed the existence of an inquiry, Arizona Attorney General Kris Mayes transmitted two letters to Maricopa County Attorney Rachel Mitchell and Arizona Auditor General Lindsey Perry, over their respective Office’s plans to investigate the Hobbs administration over a recent revelation of alleged impropriety with taxpayer funds from a state agency. Attorney General Mayes told County Attorney Mitchell that “it would not be appropriate or in the best interest of the state to conduct parallel investigations into the same matter,” and that “a separate process conducted by the MCAO could jeopardize the integrity of the criminal investigation that my office will now proceed with.”
Mayes similarly told Auditor General Perry that “while [the Auditor General’s] office is statutorily authorized to examine records and conduct audits at the direction of the Joint Legislative Audit Committee, at this time, the assistance of [her] office is not needed by the Attorney General’s Office for our investigation.”
Here's the letter to the auditor general, and another link to a story about Mayes' investigation and the potential battle over jurisdiction ahead. https://t.co/KsVfzpdcdTpic.twitter.com/SfRvYqBcxc
The letters from Mayes to Mitchell and Perry followed a communication from State Representative Matt Gress to the Maricopa County Attorney, which informed the Republican prosecutor that “the Auditor General’s Office stands ready to partner with you in getting the facts about this troubling matter [the interconnected web of financial and political relationships between Sunshine Residential Homes, Inc. and Governor Katie Hobbs].” Gress, the chairman of the Joint Legislative Audit Committee, told County Attorney Mitchell that “we will allocate the resources the Auditor General needs to help restore what appears to be a major breach of trust in our government.”
State Representative @MatthewGress: Auditor General Ready to Assist County Attorney in Probing Potential Illegal Actions Involving Sunshine Residential Homes & Governor Hobbs
"In my capacity as chairman of the Joint Legislative Audit Committee, I want you to know that the… pic.twitter.com/HvGzx56pcG
— Arizona House Republicans (@AZHouseGOP) June 6, 2024
After receiving letters from Senator T.J. Shope and Gress, County Attorney Mitchell let them know that her office was “contacted by the Arizona Auditor General asking that the Maricopa County Attorney’s Office serve as the prosecution office that will work with them while they conduct an investigation into this matter.”
🚨 Corruption Alert! 🚨 Gov. Katie Hobbs' shady "pay-to-play" scheme is now under the microscope. Maricopa County Atty Rachel Mitchell is teaming up with the Auditor General to investigate shady deals between Hobbs and Sunshine Residential Homes. Time to expose the TRUTH. 💸🔥 pic.twitter.com/yk2do6lv6H
— Republican Party of Arizona (@AZGOP) June 7, 2024
Less than a week ago, The Arizona Republic broke a story about the Arizona Department of Child Safety “approv[ing] what amounts to a nearly 60% increase in the rate that Sunshine Residential Homes Inc. charges to care for a child for a day.” The alleged action to approve the rate increase for the one organization was made while “DCS has denied pay increases to home operators and cut loose 16 providers during the contract renewal process.” The Republic also asserted that “no other standard group home provider was approved for any rate increase during Hobbs’ tenure.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The Maricopa County Republican Committee (MCRC) called on the Arizona House to bring impeachment charges against Attorney General Kris Mayes.
In a resolution approved on Tuesday, MCRC accused Mayes of abuse of office and violation of constitutional oaths by prosecuting Cochise County Supervisors Peggy Judd and Tom Crosby. The committee’s resolution likened Mayes’ actions to those that occur under dictatorships or communist rule.
“Kris Mayes is using her prosecutorial powers as the Arizona Attorney General to interfere with the County Board of Supervisors’ responsibility and authority to ensure the Peoples’ right to a secure election that is accurate and free from abuse or manipulation,” stated the resolution. “Kris Mayes’ prosecution of Cochise County Supervisors Peggy Judd and Tom Crosby is an act of political prosecution common in dictatorships or communist countries.”
MCRC EGC Adopts Resolution Calling Upon #AZLeg House to Bring Forward Impeachment Charges Against 'AZ Attorney General' Kris Mayes for Grotesque Abuse of Office & Violation of Her Oath to U.S. & AZ Constitutions.
Last week, Mayes announced felony charges of interference with an election officer and conspiracy against Judd and Crosby. Together, the charges carry a punishment of up to five years’ imprisonment and fines of up to $300,000.
“The repeated attempts to undermine our democracy are unacceptable,” said Mayes. “I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices.”
The repeated attempts to undermine our democracy are unacceptable. I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices. https://t.co/boKPiNtiUi
In Tuesday’s resolution, MCRC defended Judd and Crosby as having the lawful authority to take the time they needed beyond the certification deadline to canvass the 2022 election. MCRC cited the widespread voting tabulation equipment malfunctions in Maricopa and Pinal counties, as well as the imbalance in the Pinal County canvass report, as justification for Judd and Crosby’s delayed certification.
MCRC accused Mayes of prosecuting Judd and Crosby as a means of intimidating other local elected officials from doing their due diligence to ensure the security and fairness of elections.
The MCRC executive board consists of Craig Berland, Shelby Busch, Tatiana Pena, Lawrence Hudson, Dan Grimm, Jeff Greenspan, Joanie Colson, Joe Neglia, former lawmaker Liz Harris, and Brian Ference.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Attorney General Kris Mayes’ official name plaque reads “Landslide Mayes”: a tease of her win last year over opponent Abe Hamadeh.
In a video commemorating the two-year mark of former Arizona Attorney General Grant Woods’ passing, Mayes revealed she uses his desk and hoped her legacy would be comparable to his. The video opened with a shot of her desk, with her name plaque reading “Landslide Mayes,” rather than her name.
“If you were to ask me what AG in the past do you consider yourself most like?’ I hope at the end of this people say I was most like Grant Woods, and I work off the premise that he did this job better than anybody ever has,” said Mayes.
It’s been two years since we lost former Attorney General Grant Woods — a good friend and an inspiration. It’s an honor to sit at his desk every day. pic.twitter.com/ttCjtXKQx4
Mayes’ tease about not being a “landslide” winner refers to her slim victory margin; critics, including her opponent, have argued that this margin is inaccurate due to the myriad problems experienced by voters leading up to and on Election Day. Hamadeh maintains that Mayes’ 280-vote margin with which she claimed victory last November — which was nearly halved following a recount — would disappear following the inclusion of the thousands of allegedly uncounted, valid provisional votes.
Earlier this month, the Arizona Supreme Court rejected Hamadeh’s appeal and ordered him to pay over $40,000 in legal fees to Mayes. Following the ruling, Hamadeh announced his bid to take over for retiring Rep. Debbie Lesko (R-AZ-08).
Woods served as Arizona’s attorney general from 1991-1999. Although registered as a Republican, Woods stood out for his opposition to virtually all positions taken by the Republican Party. Woods worked against the GOP opposition to the statewide recognition of the Martin Luther King, Jr., holiday, and support for both the English-only initiative and the Chandler roundup.
Chicanos Por La Causa (CPLC) honored Woods for his work in 2011. In a video highlighting his work, Woods said he would reach beyond his authority to take political action.
“Even though it wasn’t my jurisdiction, I definitely stuck my nose into that one [the Chandler roundup], and we stopped it,” said Woods.
The Chandler roundup, formally known as “Operation Restoration,” was a mass arrest of hundreds of suspected illegal immigrants from July 27 to 31 of 1997. Patrolling officers would arrest any Hispanic individual they stopped who couldn’t provide proof of citizenship. A total of 432 illegal immigrants were deported.
Woods also fought against the state legislature’s bill enabling law enforcement to ask individuals for proof of citizenship and investigate immigration status if illegal immigration is suspected: SB1070. The Supreme Court upheld the law in 2012 in part, striking down other provisions enabling police to arrest without a warrant on suspicion of illegal immigration, criminal charges for immigrants failing to carry federal registration papers, and criminal charges for immigrants seeking or accepting work without authorization.
“I know from being a native Arizonan that our Mexican heritage is part of what it means to be Arizonan, and somehow that’s been perverted,” said Woods.
Under the first year of the Biden administration, Woods denied the reality of the border crisis — going further than even Sens. Mark Kelly (D-AZ) and Kyrsten Sinema (I-AZ).
We don’t need our Democratic Senators-either one of them—stoking the fake “crisis” at the border. It’s a cynical Republican ploy trotted out when convenient. Time would be better spent on actually helping solve the problem. Bad take on a great speech. https://t.co/BEDavSDvIj
Woods also supported abortion, decrying former Gov. Doug Ducey for signing onto a 2021 petition to the Supreme Court to overturn Roe v. Wade.
“I was elected statewide twice as a pro-choice Republican,” said Woods. “There [are] a lot of Arizonans who don’t want the government interfering in the most personal decisions between a woman and her doctor.”
That’s sad. The fight for choice continues. I was elected statewide twice as a pro-choice Republican. There a lot of Arizonans who don’t want the government interfering in the most personal decisions between a woman and her doctor. https://t.co/Q3WhubJqvl
Prior to serving as attorney general, Woods was late Sen. John McCain’s chief of staff when he was a congressman, and endorsed both Democratic presidential candidates in the last two elections: Hillary Clinton in 2016 and Joe Biden in 2020.
@Hillary Clinton is the most qualified nominee ever. Trump's the least qualified. Stakes are too high to be on the sidelines. I'm w/Hillary.
Have you ever shown up to vote and were told at the voting location that your voting information does not match the information on your driver’s license? If this has happened to you, have you wondered if your vote was counted?
We finally know why this happens! And there’s someone fighting for you!
EZAZ.org put out a Call to Action for its Grassroots to speak at the Maricopa County Board of Supervisors Meeting on September 27. One of the talking points included that voters are unknowingly being re-registered as a different political party or even in a different county than the county they live in. One of the commenters utilized this talking point.
Maricopa County’s legal team followed up by stating that during the MVD and Service Arizona process, when someone re-registers their vehicle in another county, sometimes the opt-out box is mischecked and changes voter registration without the voter knowing. Maricopa County Elections Director, Scott Jarrett, agreed.
👁🎥Maricopa Caught on VIDEO🎥👁@maricopacounty Board of Supervisors County lawyer & @RecordersOffice's Election Director admitted voters' registrations are being changed without the voter's knowledge‼️‼️‼️
Yes, this is the same elections department run by Maricopa County Recorder Stephen Richer. Both offices stated that the MVD and Service Arizona process is allowed under state statute. They are saying their hands are tied, and they can’t do anything about it.
This means that a voter could get mismatched information or be registered under the wrong party affiliation for something like re-registering a vehicle, registering a new vehicle, or getting a new license… And the voter wouldn’t even know until it’s too late!
So, then what would happen? If someone shows up to vote and their voting registration information is different from the information on their driver’s license, the voting location provides what is called a provisional ballot.
The Arizona Secretary of State’s Office says, “Provisional ballots are a fail-safe measure designed to ensure that all eligible voters have their ballots counted.” The county is supposed to go back and determine if voters who cast provisional ballots were legal and then count the ballots of those who are legal. But if provisional ballots are such a fail-safe measure, then consider this.
There are currently over 9,000 provisional ballots not counted in the Arizona Attorney General race. Abe Hamadeh is still fighting in the courts because his team has discovered many of these voters tend to vote in every election and some were mysteriously re-registered in another county. There are only 280 votes separating Mayes from Hamadeh.
Abe’s team has been trying for months to get access to the envelopes of provisional ballots to verify information of those who did cast a vote in such a way, but the counties have not allowed this to happen. This is ridiculous!
It’s time for the MVD and Service Arizona to change its misguided process. And it’s time for the courts to force the counties to allow Abe’s team to inspect the provisional ballot envelopes. After all, real election integrity ensures that every legal vote is counted.
Jeff Caldwell currently helps with operations at EZAZ.org. He is also a Precinct Captain, State Committeeman, and Precinct Committeeman in Legislative District 2. Jeff is a huge baseball fan who enjoys camping and exploring new, tasty restaurants! You can follow him on X here.
