by Daniel Stefanski | Jun 11, 2024 | News
By Daniel Stefanski |
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.”
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.
by Daniel Stefanski | Jun 11, 2024 | News
By Daniel Stefanski |
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.”
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.”
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.”
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.
by Daniel Stefanski | Jun 9, 2024 | News
By Daniel Stefanski |
Arizona Governor Katie Hobbs’ difficulties may be increasing as a result of a recent media report about alleged selective treatment with taxpayer dollars for a state-based organization.
Hours after The Arizona Republic broke the 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,” State Senate President Pro Tempore T.J. Shope sent a letter to Attorney General Kris Mayes and Maricopa County Attorney Rachel Mitchell, asking their offices to “examine the facts surrounding the alleged decision and determine if conduct by any of the involved parties warrants a criminal or civil investigation.”
The reported 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.”
Shope said that he was “deeply disturbed by recent reports in the media outlining what can only be described as a pay-to-play scheme between Governor Katie Hobbs’ Office, the Arizona Department of Child Safety, and political donors.”
The letter from the powerful Arizona state senator noted that “these reports, if verified, raise serious public corruption questions that could implicate several state laws, including potentially: Bribery, Fraud schemes and artifices, Arizona Procurement Code, Conflict of interest, and Illegal expenditure of state monies.”
In a subsequent post to his “X” account, Senator Shope said, “We must find the truth of what Governor Hobbs knew and at what time she knew, as well as what she directed based on that knowledge.”
The Chief Counsel of the Arizona Attorney General’s Criminal Division sent a letter back to Senator Shope on Thursday, informing the legislator that his division was “statutorily authorized to investigate the allegations and offenses outlined in [his] letter [and would] be opening an investigation.”
Karrin Taylor Robson, a former Republican candidate for Arizona Governor, weighed in on the matter, writing, “This is why people have lost faith in our elected leaders. Governor Hobbs owes the people of Arizona a complete and total explanation as to how something like this could ever be allowed to happen. Accountability matters.”
The Arizona Republic shared a quote from Hobbs’ spokesperson in response to the Shope letter, which stated, “Like every other ‘investigation’ launched by this chaotic and radical legislature, this is another desperate, partisan stunt. It will don nothing by show the administration put the best interest of Arizona first.”
The Arizona Republic also highlighted that “the news website that documented Governor Hobbs’ private event with Sunshine Residential Homes CEO took down the story,” in an interesting development to the saga.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 7, 2024 | News
By Daniel Stefanski |
A state court delivered a harsh legal reality to the Governor’s Office over a controversial decision to withdraw nominations from Senate consideration.
Maricopa County Superior Court Judge Scott A. Blaney issued a ruling in a lawsuit brought by the Arizona State Senate over Governor Katie Hobbs’ action late last year to withdraw 13 nominees for agency directorships from legislative consideration due to the scrutiny many of her appointees were receiving from Republican lawmakers. Those nominees remained at the head of their respective agencies with the titles of “Executive Deputy Director.”
Judge Blaney concluded that the Governor “has improperly, unilaterally appointed de facto directors for these 13 agencies, [and] must comply with the procedures and deadlines in ARS 38-211 (B) & (C) for appointment of the agency directors.”
In his ruling, Judge Blaney wrote, “It is also not lost on the Court that the Executive Deputy Directors are the same individuals that the Governor previously nominated and forwarded to the Senate for review, but withdrew when she grew frustrated with the Senate…Under Arizona law, directors run the respective administrative agencies and are appointed to their important positions through a statutorily defined process. That process requires oversight by the legislative branch. Here the Governor willfully circumvented that statutory process and eliminated the Legislative branch from its oversight role.”
Judge Blaney also asserted that “if the Court were to agree that the Governor can side-step applicable statutes in this manner to arrive at her desired end state, it would render meaningless [all statutes governing this process].” The judge stated that “the Court therefore cannot arrive at any statutory interpretation that results in elimination of the Senate’s consent role from the statutory scheme.”
Senate President Warren Petersen reacted to the legal news, saying, “We’re witnessing a very disturbing trend of our Governor breaking our laws. Contrary to what she may believe, she is not above the law, and the Legislature is fulfilling its role in serving as the constitutional check and balance against her abuse of power. This case is a prime example of Democrats weaponizing Arizona’s government for their own political gain and to implement their radical left agenda.”
Petersen added, “Unfortunately, every decision made by these fake directors on behalf of our state agencies will be under a microscope, opening the door for a myriad of lawsuits. I’m disappointed with our attorney general once again supporting another unlawful order by the Governor, but I’m very pleased with the court’s rightful interpretation of our statutes. I look forward to the Governor’s cooperation so that we may reinstate sanity after this chaotic period she created for the entire state of Arizona.”
Other Republican Senators chimed in to mark the ruling from the state court. Senator Wendy Rogers wrote, “Do not mess with the Arizona Senate’s role of ADVICE & CONSENT!”
Senator Sine Kerr posted, “Enormous win for the people of Arizona!!”
Judge Blaney ended his ruling by expressing his desire for both the Governor’s Office and Senate Republicans to come together to resolve the matter between them. He wrote, “The Court will set a separate evidentiary hearing or oral argument for a date in late July or early August 2024. This will give these co-equal branches of government an opportunity to meet and confer in an attempt to reach a mutually agreeable resolution of this dispute.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 7, 2024 | News
By Daniel Stefanski |
Arizona legislative Republicans are readying the wheels of accountability and oversight after a bombshell report concerning a state department under the governor’s purview.
This week, the Arizona Republic reported on 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, meaning potentially millions of dollars more going to the company at taxpayers’ expense.” This action was taken as “DCS has denied pay increases to home operators and cut loose 16 providers during the contract renewal process.” The Republic asserted that “no other standard group home provider was approved for any rate increase during Hobbs’ tenure.”
The report highlighted that this organization “has undertaken a new six-figure spending campaign benefiting Hobbs and Democratic politics in Arizona.” According to a release issued by Senate Republicans, the donations from Sunshine Residential Homes totaled “approximately $400,000, going towards the Arizona Democratic Party, Hobbs gubernatorial campaign, as well as her inauguration fund.” The Republic also stated that Sunshine’s CEO “was on Hobbs’ inaugural committee.”
Senate President Warren Petersen vowed to hold the Governor’s Office accountable for this action from DCS. He wrote, “Arizonans deserve to know how their elected officials are spending their money, and this case raises a major red flag with what’s happening behind closed doors on the ninth floor. With the state in the middle of a budget shortfall, and with what appears to be a pay-for-play scheme now exposed, the Legislature has a lot of questions we will be seeking answers to from both the Governor’s office and DCS. Our citizens deserve better. Rest assured, we will continue to serve Arizonans as the check and balance against any abuse of power displayed by our Executive and the agencies under her administration.”
Former State Legislator David Lujan serves as the Cabinet Executive Officer of DCS. He was not confirmed by the Arizona Senate to serve as a “director” after Hobbs pulled his name – and many others – from the nomination process after several of her appointments faced intense scrutiny by Republicans in that legislative body.
“This is a disgusting abuse of taxpayer dollars to further her political career, and our hardworking citizens deserve answers as to how she got away with this,” said Senate President Pro Tempore T.J. Shope, Chairman of the Senate Committee on Health & Human Services. “Knowing Arizona’s Governor and the Arizona Democratic Party are providing preferential treatment to a facility alleged to have engaged in negligence leading to the death of a child is unconscionable. Our children are our most precious population, and the state should be doing everything in its power to discourage abuse and neglect, not reward it. How can we trust Hobbs, Democrats, and DCS after these disgraceful transactions that wreak of corruption? This is a prime example of why I sponsored SB 1571. The public has a right to know who is donating to Hobbs, and what favors those entities are receiving in return.”
SB 1571 “instructs candidate committees for statewide candidates to file campaign finance reports during each calendar quarter comprising the forty-eight-month period before the general election,” according to the overview from the Arizona House of Representatives. After receiving overwhelmingly bipartisan support in both the state House and Senate, it was signed into law by Hobbs in April.
Arizona State Treasurer Kimberly Yee weighed in on the shocking news from the Hobbs’ administration, saying, “This is highly concerning and raises more questions than it answers. ‘Pay to Play’ and special favors have no place in state government.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
