by Daniel Stefanski | Jul 29, 2024 | News
By Daniel Stefanski |
One of Arizona’s top prosecutors acquired a high-profile endorsement for her campaign as the date for the primary election nears.
Earlier this week, Maricopa County Attorney Rachel Mitchell, a Republican, announced the endorsement of former Arizona Diamondbacks pitching superstar Randy Johnson.
In his endorsement, Johnson said, “Proud to endorse Rachel Mitchell for Maricopa County Attorney here in Arizona. She has shown that she is tough on crime. We need prosecuting attorneys like her in our state, in our cities and in our towns protecting our neighborhoods and hard-working citizens. She has my full endorsement.”
Mitchell responded, “I am honored and thrilled to receive the endorsement of Dbacks legend and Hall of Fame pitcher, Randy Johnson. Randy has seen firsthand the changes in Seattle from the time he pitched there – changes that come when criminals are not held accountable. He won’t see those changes here.”
The county prosecutor added, “As Maricopa Attorney, I am dedicated to enforcing the law and holding criminals accountable. I will work relentlessly to protect our neighborhoods and ensure justice for every resident.”
Mitchell is competing for the Republican nomination for Maricopa County Attorney in the upcoming July 30 primary. She is opposed by fellow Republican Gina Godbehere. The winner of this contest will face off against Tamika Wooten, who is unopposed in the Democrat primary.
Throughout the lead-up to the primary election this year, Mitchell has rolled out a number of endorsements for her campaign, including from the Scottsdale Police Sergeant and Lieutenants Association, the Arizona Police Association, the Tempe Officers Association, the Arizona State Troopers Association, the Chandler Law Enforcement Association, the Phoenix Police Sergeants and Lieutenants Association, the Combined Law Enforcement Associations of Arizona, and many other elected officials from around the state.
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 |
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 | Mar 16, 2023 | News
By Daniel Stefanski |
The Maricopa County Attorney would like a word with the Arizona Governor after her decision to disregard the execution order for a condemned man on the state’s death row.
This week, Maricopa County Attorney Rachel Mitchell filed a writ of mandamus with the Arizona Supreme Court to “ensure Governor Katie Hobbs and Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) director Ryan Thornell adhere to their oaths of office to enforce the death penalty and comply with victims’ constitutional and statutory rights.” The question presented before the state’s high court is whether the Governor and ADCRR Director “are threatening to proceed without legal authority and failing to perform a duty – the lawful execution of Aaron Brian Gunches on April 6, 2023 – as required by law.”
After filing the amicus with the court, Mitchell released the following statement: “As County Attorney, I took an oath to uphold the US Constitution and the constitution and laws of the State of Arizona. These recognize that both the victim and the accused have rights. Our brief recognizes and supports the right of victims to a “prompt and final conclusion of the case.” It also gives the defendant notice of the recent US Supreme Court decision, even though we do not believe it applies in his case. What is not at issue is what the sentence is for his crime.”
The Maricopa County Attorney’s action follows Democrat Governor Hobbs’ earlier announcement that she would not be fulfilling the execution date for Gunches after the Arizona Supreme Court issued an execution warrant for April 6, 2023. The Gunches saga predates to the previous Ducey-Brnovich administrations, which came to an end on January 2, 2023. Former Attorney General Mark Brnovich had requested the warrant of execution for Gunches in December 2022.
In Mitchell’s filing before the court, she highlights a 1915 response from the same judicial body to a warden “who refused to comply with, and carry out, the order and directors of this Court to execute the sentence of death” in State ex rel. Jones v. Sims. The Court wrote: “Of course, it must be understood that men’s opinions and wishes cannot be substituted and made to take the place of the law; that this is a government of laws, and not of men, and that those persons whom the people have chosen to execute the laws must do so, however disagreeable or repugnant to their wishes it may be. It is not a jealousy of our processes that calls forth this expression, but [jealousy] of the law as it exists. The people and their representatives make the laws, and their observation and enforcement is the only sure test of loyalty and certain guaranty of the perpetuity of our government.”
Mitchell argues that “the Governor is bound by the Constitution and statutes to carry out executions after this court issues a warrant,” that “the Arizona Constitution limits the Governor’s exercise of Executive Clemency power,” and that “Governor Hobbs’s unilateral decision to grant a de facto reprieve violates the victim’s constitutional right to a prompt and final conclusion.”
Governor Hobbs’ decision to unilaterally cancel the court-ordered execution of Gunches coincides with her installation of a Death Penalty Independent Review Commissioner to review and provide “transparency into the ADCRR lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training experience.” The Maricopa County Attorney’s brief contends that “this Court further found that Governor Hobbs’ Commissioner review, by itself, ‘does not demonstrate the State’s inability to lawfully carry out the execution.’”
Earlier this month, Arizona Senate President Warren Petersen expressed extreme displeasure with Governor Hobbs’ controversial decision to withhold justice in this case. Petersen provided the following quote to AZ Free News when asked for a reaction to Maricopa County Attorney Mitchell’s recent filing in court: “I applaud the County Attorney for supporting justice and victims. The Senate and House will be writing an Amicus brief in favor of justice as well. It is disturbing to see that our current Governor and Attorney General are unwilling to enforce the law and siding with the most vile individuals of society.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Oct 11, 2022 | News
By Corinne Murdock |
Senator Tom Cotton (R-AR) endorsed Republican incumbent Rachel Mitchell for Maricopa County Attorney, decrying her Democratic opponent Julie Gunnigle as a “Soros prosecutor.”
The Monday endorsement came just two days before early voting begins and mail-in ballots are sent out.
The Maricopa County attorney race has attracted national attention, in part over the connection between Gunnigle and George Soros, the kingpin of Democratic dark money. Soros has a reputation for establishing progressive prosecutors into districts and counties across the country successfully.
Some of Gunnigle’s latest PAC donations included over $6,500 from Way to Lead Arizona. That PAC received at least $100,000 from Soros’ Democracy PAC last year, and more in funds from its national counterpart, the Way to Lead PAC, which received millions combined from Soros, his family, or the organizations he either funded or founded.
Gunnigle denies that she benefits from Soros funding.
Multiple times a week, an elected official or pundit will weigh in or offer an endorsement in the race.
A week ago, Gila Bend Mayor Chris Riggs expressed worry that Gunnigle would worsen crime rates in the county. He cited Gunnigle’s support for slashing police funding and not enforcing deportations.
National attention has also been drawn to this race since questions remain over the nature of Arizona’s abortion law. Last month, Mitchell clarified that she would uphold the law but wouldn’t prosecute women who obtain an abortion. Neither the total abortion ban or the 15-week restriction allow for the arrest of the mother — only those who perform the abortion. The total abortion ban makes one allowance: to save the mother’s life.
Gunnigle has stated that she doesn’t support restrictions on abortion. In March, long before the Supreme Court (SCOTUS) decision overturning Roe v. Wade, Gunnigle pledged to disregard Arizona abortion law.
Last month, the Pima County Superior Court lifted the 1973 injunction on Arizona’s total abortion ban corresponding with the Roe v. Wade decision. That court also rejected an injunction request from Planned Parenthood. However, the Arizona Court of Appeals issued an injunction on the total ban on Friday.
Judge Peter Eckerstrom cited the apparent disharmony between the total ban and the 15-week restriction. He noted that both sides, those for the abortion laws and against them, expressed a desire for clarity on the ruling law.
“Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes,” stated Eckerstrom. “The court further concludes the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws.”
Eckerstrom will engage in a scheduling conference with Planned Parenthood of Arizona and the attorney general’s office on Tuesday to advance the case.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
